Staff representative

There are three categories of employee representatives. They are appointed by trade unions or elected by employees. They are allocated time off work to carry out their duties and are protected by law whilst performing their duties.

The three categories of staff representatives are:

• Staff delegates;
• Members of the health and safety committee;
• Trade union representatives.

Working with staff representatives 

Each of these representatives has a specific role. The staff representative ensures that employment rights are respected; members of the health and safety committee work with the employer to ensure that work is carried out under acceptable health and safety conditions; whilst the trade union representative is responsible for advocating and negotiating on behalf of workers, with the aim of examining and defending their economic, social and moral interests.

Preparing for elections 

Elections are organised freely within the company. Companies employing more than 10 workers are required to elect staff representatives and trade union representatives. Members of the health and safety committee are elected in industrial establishments that habitually employ at least 50 employees, and in non-industrial establishments that habitually employ at least 100 workers.

Protecting representatives, respecting the monthly time allowance 

Staff representatives, trade union representatives and members of health and safety committees are protected by law in the performance of their duties.

For example, the express authorisation of the Labour Inspector is required prior to any dismissal of these categories of workers envisaged by the employer, whereas this is not the case for other workers, for whom the Labour Inspector’s simple opinion is required; and this advice is not, moreover, binding on the employer.

The head of the establishment is required to allow staff representatives, within a time limit which, except in exceptional circumstances, may not exceed 15 hours per month, the time necessary for them to carry out their duties. This time is considered working time and remunerated as such.

The head of the establishment is also required to provide staff representatives with the premises and furniture necessary to enable them to carry out their duties, and in particular to hold meetings.

Terminology

 Professional bodies: This term refers to staff representatives, trade union representatives and health and safety committees.

 Offence of obstruction: An employer who hinders the proper functioning of professional bodies is guilty of the offence of obstruction.