Question 16328 — unions

Summary

Mr. Roger Chudeau questions the Minister of Labor and Solidarity on the conditions under which employer representativeness was established within the national collective agreement for aesthetics and cosmetics (IDCC 3032), as established by the decree of December 23, 2025 establishing the list of professional employer organizations recognized as representative. This decree has profoundly modified the balance of social dialogue in this branch by attributing to the Union of Beauty and Well-Being Professionals (UPB) an audience of 57.62%, compared to 38.23% during the previous representativeness measurement in 2021. This development now gives it a capacity for majority opposition to branch agreements. However, this progression raises many questions regarding the economic structure of the sector. According to data from the OPCO industry report EP, nearly 79% of companies belong to independent crafts outside the network, while companies integrated into franchise or branch networks represent around 21% of the sector's workforce. In this context, several professional representatives question the conditions which led to the obtaining of a majority audience by an organization perceived as mainly representing organized networks. Furthermore, material elements were brought to the attention of the general labor directorate before the publication of the decree. Among these is in particular a bailiff's report authenticating an email addressed to franchisees offering them the retroactive signature of membership forms for the year 2023, while indicating that the corresponding contributions would be directly paid by the head of the network. These Elements have led certain professional organizations to question the conformity of such practices with the provisions of Article R. 2152-4 of the Labor Code, which governs the methods for taking member companies into account when measuring the employers' audience. Despite the transmission of these elements to the administration prior to the publication of the decree, it was maintained. This situation feeds today concerns about the sincerity of the employer representative measure and the legal security of the collective agreements which could be concluded during the next four years on this basis. Consequently, he asks what checks were carried out by the State services following the elements transmitted concerning the conditions for collecting and accounting for memberships taken into account in the measure of representativeness of the aesthetic-cosmetic branch; if the Government plans to launch an additional administrative investigation in order to ensure compliance with the legal and regulatory provisions applicable to the measurement of the employer audience; if, in the event that substantial irregularities are noted, precautionary or corrective measures could be considered in order to guarantee the sincerity of social dialogue within this branch and, more broadly, what guarantees the Government intends to strengthen in order to ensure transparency, traceability and reliability of procedures for measuring the representativeness of professional employer organizations.

Machine translation from French. The official text remains authoritative.

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