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EU PolicyWatch

Database of national-level policy measures

Eurofound's EU PolicyWatch collates information on the responses of government and social partners to the COVID-19 crisis, the war in Ukraine, rising inflation, as well as gathering examples of company practices aimed at mitigating the social and economic impacts.

Factsheet for measure FR-2020-14/1025 – measures in France

Postponement of the assessment of trade unions’ representativeness in SMEs and extension of mandates in labour-related bodies

Report du scrutin de mesure de l'audience syndicale dans les PME et prorogation des mandats des conseillers prud'hommes et membres des commissions paritaires régionales

Country France , applies nationwide
Time period Temporary, 01 April 2020 – 31 December 2022
Context COVID-19
Type Legislations or other statutory regulations
Category Protection of workers, adaptation of workplace
– Other
Author Frédéric Turlan (IRshare) and Eurofound
Measure added 03 August 2020 (updated 05 August 2020)

Background information

The ordinance postpones the next ballot to measure the trade union audience among employees in companies with fewer than eleven employees to be held in the first half of 2021, and the date of the next general renewal of the Labour court members (nominated by social partners) which shall be set no later than 31 December 2022. It also postpones the date of the next renewal of the members of the joint regional inter-professional committees.

Content of measure

The ordinance provides:

  • Notwithstanding Article L. 2122-10-1 of the Labour Code, the next ballot to measure the trade union audience among employees in companies with fewer than eleven employees will be held in the first half of 2021, during a period set by order of the Minister of Labour.
  • Notwithstanding Articles L. 1441-1 and L. 1441-2 of the Labour Code, the date of the next general renewal of the industrial tribunals shall be set by order no later than 31 December 2022. The terms of office of the prud'hommes counsellors in force on the date of entry into force of this Order shall be extended until that date. Employers shall grant employees of their undertaking who are members of a labour court, at their request and for the purposes of their continuing education, leave of absence up to a maximum of six days per year as an extension of the term of office.
  • Notwithstanding Article L. 23-112-3 of the Labour Code, the date of the next renewal of the members of the joint regional inter-professional committees mentioned in Article L. 23-111-1 of the same Code shall be set no later than 31 December 2021. The term of office of the members of these commissions shall be extended until that date.

Use of measure

No data.

Target groups

Workers Businesses Citizens
Employees in standard employment
Workers in non-standard forms of employment
Applies to all businesses Does not apply to citizens

Actors and funding

Actors Funding
National government
No special funding required

Social partners

Social partners' role in designing the measure and form of involvement:

Trade unions Employers' organisations
Role Informed Informed
Form Not applicable Not applicable

Social partners' role in the implementation, monitoring and assessment phase:

  • No involvement
  • Main level of involvement: Peak or cross-sectoral level

Involvement

No information. Probably that some social partners have been informally consulted.

Views and reactions

No information available.

Sources

  • 01 April 2020: Ordonnance n° 2020-388 du 1er avril 2020 relative au report du scrutin de mesure de l'audience syndicale auprès des salariés des entreprises de moins de onze salariés et à la prorogation des mandats des conseillers prud'hommes et membres des commissions paritaires régionales interprofessionnelles (www.legifrance.gouv.fr)

Citation

Eurofound (2020), Postponement of the assessment of trade unions’ representativeness in SMEs and extension of mandates in labour-related bodies, measure FR-2020-14/1025 (measures in France), EU PolicyWatch, Dublin, https://static.eurofound.europa.eu/covid19db/cases/FR-2020-14_1025.html

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