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18417

Question 18417 — unions

openFrance· National Assembly· FR

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4 June 2024

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4 June 2024

Summary

Mr. Didier Parakian draws the attention of the Minister of Labor, Health and Solidarity to the legislation relating to the representativeness of professional organizations in France. Current legislation favors the representation of large companies to the detriment of VSE-SMEs in the different professional branches as well as at the inter-professional level. One of the reasons for this observation is that only organizations professionals who represent more than 50% of the number of employees of member companies at the level considered benefit from the right to oppose an agreement. The number of member companies is not taken into account. Representatives of VSEs and SMEs can only very rarely have this right. This results in provisions that are unsuitable for VSEs and are often sources of administrative complexity. In addition, a weighting system has been defined to distribute seats in joint bodies or funding from social dialogue between professional organizations. However, this weighting is based mainly on the number of employees and marginally on the number of member companies, which penalizes VSEs, even though they represent 92% of French companies. Faced with this observation, previous governments declared that no legislative modification could not take place without prior agreement between the three organizations representing employers at the national and inter-professional level. It therefore appears necessary that the Government and Parliament can take up the process leading to an effective adjustment of the current rules so that employer representativeness is in accordance with the reality on the ground and that the interests of all businesses, including the smallest, are taken into account fairly. The MP would like to know the Minister's position regarding the creation of a symmetrical right of opposition, allowing one or more employer organizations which represent more than 50% of member employing companies to oppose an agreement. This development would contribute to improving the quality of social dialogue by inviting social partners to find the broadest possible consensus.

Machine translation from French. The official text remains authoritative.

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