Collective Agreements and Trade Union Representatives

Extract

[...] There is no exception: even if it is less favorable, it is the company agreement that applies PARAGRAPH II - SPECIAL REGIME OF ARTICULATION - Certain individuals give the prein accordance with the company agreement and the branch collective agreement is then only supplementary ? a an enterprise agreement or failing that a branch agreement may define. - The relationship between collective labour agreement/ individual contract. =The collective agreement has a triple effect on the individual contract. An imperative effect, an automatic effect and an immediate effect. Article L2254-1 dating back to 1950. - Except for a more favorable stipulation at a time when individual contracts were not as developed. [...]

[...] 2024 : a collective agreement provides for the payment of a shower bonus. - The union acts in the name of the collective interest for injury to the interests of the profession, because the employer does not pay the bonus. =the union can make the employer pay the shower bonuses, but the union cannot claim salary arrears in favor of the plundered employees. SUBSTITUTION ACTION - Exception to the principle 'no one pleads by proxy', and we will see that there is a social exception in certain specific circumstances provided for by law. [...]

[...] CHAPTER I - COMPOSITION OF THE CSE - In FR the CSE brings together: the employer, a delegation of personnel and a trade union representation (2314-1 to 2314-3). PARAGRAPH I - THE EMPLOYER - The employer is the representative of the CSE and concerning the employer delegation it is necessary to make a distinction: WITH LESS THAN 50 EMPLOYEES: the employer can be assisted by colleagues and these cannot be read by many more than the representatives of the personnel. [...]

[...] - Concerns the regularity of elections. =contentious issues surrounding eligibility, dispute related to PAP negotiation, electoral campaign, calculation of paths. - Action in a deadline of 15 days following the publication of the results. IN WHAT CIRCUMSTANCES CAN THE JUDGE ANNUL THE ELECTIONS ? - The the judge does not automatically sanction irregularities, but there are only two situations to annul: IF ELECTORAL VOTING IRREGULARITY AGAINST THE ELECTORAL PGD: then it is enough to annul. absence of signature of the lists by the members of the polling station which is contrary to the principle of sincerity of elections (C. [...]

[...] =this relative effect has long been a legal obstacle to the recognition of collective conventions. - Law 19 March 1919 allows collective conventions to apply to members of signatory trade union organizations with a link of affiliation that allows them to be reached. =that is what we find in Germany. - Law 24 June 1936 will operate a very important evolution and in addition to these collective conventions recognized by the 1919 law, the 1936 law creates the collective conventions extended. [...]