How is employee representation managed ?

Employee representation plays a crucial role in relations between employees and employers, providing a channel for communication, negotiation and conflict resolution in the workplace. In conjunction with the Human Resources department, it is essential for maintaining a good social climate. But what exactly are the functions of staff representation, how does it work and which companies are involved?

How is employee representation chosen ?

In France, employee representation is an essential component of social dialogue in the workplace. Representatives are chosen through organized, democratic processes, ensuring that employees' voices are heard and taken into account. Whether through the CSE, union delegates or local representatives, French law ensures balanced and effective representation of employee interests vis-à-vis employers.

The selection process for these representatives is governed by strict rules to ensure the transparency, fairness and impartiality of the elections. For example, elections to the CSE must follow a precise procedure, including the constitution of electoral lists, the electoral campaign and the organization of the ballot. Guarantees, such as the possibility of contesting election results, are also provided to protect the legitimacy of the process. 

What are the employee representative bodies ?
 

Union Section representatives

Trade union section representatives (RSS) represent a specific trade union within the company. Their main role is to defend the interests of their union's members, communicate their organization's positions and gather employee requests and proposals for transmission to the union. Any representative trade union in the company or establishment may appoint an RSS from among the company's employees. The union section representative has the right to distribute union information, hold meetings and represent his or her union in dealings with the employer on matters not specifically covered by collective bargaining.

Shop stewards

Shop stewards are the trade union representatives within the company. Their role is more extensive than that of the Section Syndicale representatives, as they are specifically responsible for collective bargaining with the employer. They are appointed by the unions themselves from among the company's employees. To be appointed as a union delegate, an employee must have worked for the company for at least one year. Union delegates also play a crucial role in presenting employees' demands and proposals to the employer, and in defending workers' interests.

The Social and Economic Committee (CSE)

Since the Macron Ordinance of 2017, the CSE has replaced the former staff representative bodies (Délégation du personnel, Comité d'entreprise, Comité d'hygiène, de sécurité et des conditions de travail) in all companies with 11 or more employees. CSE members are elected for a four-year term in a ballot organized by the employer. All company employees, including those on fixed-term contracts and temporary workers, are eligible to vote, provided they meet certain seniority conditions. Candidates may be put forward either by representative trade unions or, in companies with fewer than 50 employees, directly by employees.

Local representatives

The CSE can decide to set up local representatives in large companies or on separate sites, to ensure a finer, more local representation. Their role and scope of action are defined by a company agreement. These representatives are appointed by the CSE from among its members, or may be directly elected, depending on the terms of the agreement.

Employee representation obligations
 

Obligation 1: Representation and communication 

The first obligation of employee representatives is to act as intermediaries between employees and the employer. This involves faithfully conveying employees' concerns, suggestions and complaints to the employer, as well as communicating management decisions to employees. Representatives must ensure that dialogue is constant, open and constructive.

Obligation 2: Information and consultation

Employee representatives have an obligation to be informed and consulted on various aspects of company life that may directly or indirectly affect employees' working conditions. This includes changes in work organization, restructuring, company transfers, or measures affecting health and safety at work. Their role is to analyze this information, consult their constituents and formulate opinions or proposals accordingly.

Obligation 3: Collective bargaining

When empowered to do so, as in the case of union delegates, employee representatives are obliged to negotiate collective agreements with the employer. These agreements can cover wages, working hours, working conditions, vocational training, etc. Negotiations must be conducted in good faith, with the aim of reaching a balanced agreement.

Obligation 4: Defending employee rights

Employee representatives must ensure that employees' rights as defined by labor law, collective bargaining agreements and company agreements are respected. They must pay particular attention to preventing discrimination and promoting equal opportunities. They also have a duty to assist employees in their individual or collective endeavours, particularly in the event of a dispute with the employer.

Obligation 5: Health and safety

Occupational health and safety is a major concern for employee representatives. They must help identify occupational hazards, propose preventive measures and ensure that health and safety regulations are effectively implemented. Their action is essential to prevent workplace accidents and occupational illnesses.

Obligation 6: Training

To carry out their duties effectively, employee representatives are entitled, and sometimes obliged, to take specific training courses. This training, often financed by the employer or by dedicated funds, enables them to acquire the skills they need to carry out their tasks.