- 05 Sep 2018
- Dorothée David
The law of 10 August 2018 relating to social elections and digitalising certain administrative processes (hereinafter referred to as “the Law”) was published in Mémorial A no. 725 on 27 August 2018. The Law will come into force on 1 February 2019.
The new provisions of the Law, which will apply to the next social elections due to be held between 1 February and 31 March 2019, are as follows:
- It is now up to the chairman of the staff delegation (this information was not specified before) to inform the employer in writing, within 3 days of the founding meeting, of the surnames, first names and national registration numbers of the following:
- chairman of the staff delegation
- vice-chairman of the staff delegation
- members of the staff delegation
- health and safety representative
- equality representative
- Then, and within 5 days of their written communication by the chairman of the staff delegation, the employer must register on the dedicated electronic platform MyGuichet, via the pre-completed form provided by the ITM, the surnames, first names and national registration numbers of the individuals mentioned above.
In practical terms, the employer must sign the printed form, arrange to have it signed by the chairman of the staff delegation, and send it, duly completed and signed, to the ITM via the relevant electronic platform.
- The employer must also submit the following to the ITM, via the electronic platform, if applicable:
- the election minutes stipulated by article L.413-1 (6) of the Labour Code,
- the non-election minutes stipulated by article L.413-1 (7) of the Labour Code.
According to parliamentary proceedings, in order to be able to use the electronic platform, the employer would need to receive a code before the beginning of the electoral process, with which he will be able to carry out the administrative procedures as described above.