Elections for staff delegations on 12 March 2019 | 3

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Date:
19 Feb 2019

Newsflash

By:
Dorothée David

Next step: 25 February 2019 

  • Deadline for submitting candidates or lists of candidates

The lists or individual candidates must be submitted to the head of the company or its delegate by 25 February 2019 at 6 p.m.

If no valid candidates are submitted by this time, or not enough candidates are submitted (number of candidates less than the number of positions to fill), an extension of 3 days is applied. A template Notice announcing an extension for the submission of candidates is available on the ITM website.

At the end of the abovementioned deadlines, the list of candidates is drawn up and displayed via different channels, include electronically, available to staff and reserved for this purpose.

Special circumstances:

  • if the number of candidates is equal to or less than the number of positions to fill: if the candidates agree on the distribution of offices (full representatives/deputy representatives/ replacement order), then they are declared as having been elected automatically and a report of the automatic elections must be sent to the ITM no later than the day of the elections. If they do not agree, the elections will be held on 12 March 2019.
  • if there are no candidates: a report recording the absence of candidates must be sent to the ITM no later than the day of the elections. Once the Director of the ITM has carried out an investigation at the company, the full representatives and, if applicable, the deputy representatives, will be automatically appointed by ministerial decree.
  • Deadline for requesting an order number from the ITM in the event of an election by proportional representation

A template Request for an order number for one or more lists is available for this purpose on the ITM website.

  • Protection of candidates against dismissal

Candidates for the positions of member of the staff delegation will benefit from the special protection granted to staff delegates against dismissal and the modification of an essential clause of the employment contract as soon as the candidates have been presented and for a period of three months.

If there is a challenge to the elections followed by new elections, this period is extended until the date of the new elections (art. L. 415-11 of the Labour Code).