Trade union freedom, collective agreement, representative union, delegation hours, right to strike, Labour Code, employee rights, employer obligations, CFDT, CGT, FO
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Abstract
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Abstract
Understanding the rights and obligations of trade unions and employees in collective negotiations, including the role of representative unions and the use of delegation hours.
Extract
[...] He will also recall that the employer has the right to negotiate and to refuse any demand that is not in accordance with the law and the collective agreement. Finally, he will conclude that the exercise of the right to strike must be done in a peaceful and respectful manner, without any violence or intimidation.ve peut êtrethree exercisesHowever, provided that the requirements of the Labour Code are respected and that the proper functioning of the company is not hindered. Finally, it must specify that only the representative trade unions are authorized to negotiate collective agreements, in particular the CFDT, which is the majority in this company. [...]
[...] The Trade Union Freedom In law, the article L.2141-1 of the Labour Code states that 'Every employee is free to join the professional union of their choice freely'. In addition, article L.2143-3 of the same code adds that trade union delegates have the right to delegation hours necessary for the exercise of their functions, notably to organize collective actions and defend the interests of employees. Finally, in a ruling of 14 September 2017, the Court of Cassation came to say that delegation hours should be used only in the interest of the trade union mission. [...]
[...] In this case, in this company, not all unions have obtained 10% of the votes, and this is the case of the union of Mr. Parra (SSPT) which obtained only of the votes. Therefore, the SSPT union is not representative and will not be able to negotiate collective agreements. However, he says that some unions are also against the collective agreement aimed at reducing the overtime premium, so he could rely on the other unions to try to escape this agreement, notably FO and the CGT. III. [...]
[...] In conclusion, Mr DUCHOSSOY must expose in his report the rights and obligations of each party. He must first remind that each employee can freely join the union of their choice and use their delegation hours only to defend their interests. Then, he will emphasize that the right to strike is a fundamental right that must be exercised in accordance with the law and the collective agreement, and that it is not a means of exerting pressure on the employer. [...]
[...] A member of the company union SSPT, opposed to any negotiation on a potential collective agreement aiming to reduce the overtime premium, intends to make his voice heard by mobilizing employees against the project, particularly during his delegation hours. He argues that the CGT and FO also oppose the agreement, while only the CFTC supports the employer. Finally, he warns that if negotiations are engaged, he will exercise his right to grve and block the accs to the company in order to prevent its functioning. In what measures can the employer lead collective negotiations while respecting the rights and obligations of trade unions and employees? I. [...]
