The first edition of the book "Union representatives' appointment" published in Litec Professionnels collection - Labour law in Editions LexisNexis Litec, has just been published.
Aimed at human resource managers, trade unions, lawyers, judges or still at students, this book tackles the overall problems, sometimes complex, arising by trade union representatives' appointment: content and appointment's signatory, fraud, appointed employees, representatives' number, trade unions' representativeness, distinct corporations, a.s.o.
It is completed by numerous court orders rendered by various tribunaux d'instance which are illustrating either principles defined by the Cour de Cassation or by the Labour Code or palliating the absence of precise rules.
Union representatives' appointment entails significant consequences for:
The trade union which is at the origin of it, which might get a legitimacy in the enterprise and in the view of the employer and/or demonstrate its representativeness;
The employee who finds herself/himself given a mandate with an undetermined term, the pertained protection, a time credit and the opportunity to move around in the enterprise or the corporation ;
The employer who ought to get involved in annual negotiations and compromise with the employee's protection, but vice versa negotiate and sign (unless amendments to the no. 2004-391 Act dated 4 May 2004) collective agreements or settlements.
Therefore this appointment must be faultless and fit to the legal configuration of the enterprise, otherwise it will be void.
As to the author: Rodolphe Olivier is a lawyer within Employment Law Department at CMS Bureau Francis Lefebvre law firm. Furthermore, he lectures at the University of Panthéon-Assas-Paris II at the Master 2 "Law and practice of labour relationships" Department headed by Professor Bernard Teyssié as well as at the Centre Régional de Formation Professionnelle des Avocats de Versailles [Local Centre of Vocational training for Lawyers in Versailles].
La désignation des délégués syndicaux, Editions LexisNexis, 269 pages, 38 Euro TTC.
For further information, please contact:
CMS Bureau Francis Lefebvre
Florence Jouffroy / Tel: +33 1 47 38 40 32
Laetitia Mostowski / Tel: +33 1 47 38 40 74
Rodolphe Olivier / Tel: +33 1 47 38 41 26