Trade Union: Protection of the Representative

Trade union representatives enjoy special legal protection in the performance of their duties.

In practice, trade union representatives are at risk of dismissal because their actions may be seen as a nuisance to the employer, as they are often required to raise grievances that are not necessarily their own.

To protect them, Article L.277 of the Labour Code stipulates that the Labour Inspector’s authorisation is required before any dismissal of a trade union representative contemplated by the employer or their representative.

The Labour Inspector must notify the employer and the trade union representative of their decision to authorise or refuse the dismissal.

Failure by the Labour Inspector to respond within 15 days of the application being submitted shall be deemed to constitute authorisation for dismissal.

Any dismissal carried out in breach of the procedure before the Labour Inspectorate is automatically null and void, and the representative shall be reinstated in their rights, including their reinstatement in the company.

However, in the event of gross misconduct on the part of a representative, the employer may immediately suspend the representative pending the final decision;

If authorisation for dismissal is refused, the suspension shall have no effect;

The above statutory protection provisions apply to former representatives for a period of six months following the expiry of their term of office.