Trade unions: Employers’ obligations

Firstly, it should be noted that the formation of a trade union committee is not subject to any formal or publicity requirements.

Furthermore, the employer is under no obligation to set up a trade union committee within their company.

However, should the workers establish their trade union committee in accordance with the legal and regulatory provisions in force, the employer shall be bound by the following obligations:

1. To accept the trade union committee’s request for a meeting as soon as it is established, and once the names of the committee members have been notified to the employer;
2. To recognise trade union delegates as representatives of the trade union in dealings with the company director and also within the management committee, if one exists;
3. To meet with trade union representatives at their request;
4. To make premises available to the committee;
5. To make a noticeboard available to them for the display of work-related notices;
6. Granting leave of absence, paid and not deducted from annual leave, to facilitate workers’ attendance at statutory congresses and conferences of trade union organisations;
7. Allocate trade union representatives a time allowance of 15 hours per month, to be devoted to carrying out their trade union activities. As with staff representatives, this time is considered working time and remunerated as such (Article L.271 of the Labour Code);
8. Refrain from taking into account opinions, trade union membership or the exercise of trade union activities when making decisions regarding recruitment, the organisation and allocation of work, vocational training, promotion, pay and the granting of employee benefits, disciplinary measures and dismissal.
9. Not to use any means of pressure in favour of or against any trade union organisation.