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Key Point 1: Legal Framework for Corporate Referendums
Key Point 2: Role of Majority and Minority Unions
Key Point 3: Referendum Implementation Process
Key Point 4: Topics Eligible for Referendum
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Social dialogue involves employees in company policy and the legal employment framework. To validate a collective agreement compliant with law, an employee vote may be used during a corporate referendum. How to organize this referendum within companies and unions?
Corporate agreements are pillars of attractiveness and talent retention, but also of employee engagement. The social dialogue that accompanies them indeed makes it possible to involve employees in the company's internal policy and strengthen union democracy. To validate a collective agreement, an employee vote can be sought through consultations or corporate referendums. How to hold a corporate referendum? Presentation of this mechanism.
Labor law determines the procedures for validating a corporate agreement. Specifically, it is law 2016-1088 of August 8, 2016, relating to work, the modernization of social dialogue and the securing of professional pathways, which defines the terms and procedures for negotiation and consultation of employee representatives.
It gives a prominent place to collective bargaining within companies and provides that corporate agreements are only established after personnel validation and after consultation of the Social and Economic Committee (SEC). Specifically, it is the union representatives, where applicable, who decide on proposals and negotiate the terms of implementation.
The representative majority unions, that is, representing at least 50% of votes cast in the elections of the Social Economic Committee (SEC), vote on or revoke a collective agreement proposal without needing employee consultation. These unions use their union rights to influence working conditions and collective agreements within organizations.
The legislation recognizes the significant representation of minority unions that received at least 30% of votes in the elections. It is under this condition that it offers them the possibility to consult employees through a corporate referendum, thus strengthening union democracy and employee involvement in important organizational decisions.
This involves submitting the collective agreement proposal to employee voting through a closed question to which they must answer yes or no during a corporate referendum. Each eligible employee is invited to express their opinion during the consultation. The majority of votes determined according to the procedures provided by law decides the outcome of the proposal: if yes prevails, the collective agreement is validated; if no prevails, it is deemed non-binding.
The corporate referendum being regulated by law and the labor code, strict conditions must be respected for organization and vote conduct. Methodology, subject, format... many items must be validated to successfully hold your corporate referendum while respecting legal procedures.
In the company, union representatives are elected...
When voting closes, ballots are counted according to defined procedures. Minutes are drawn up, recording the referendum results. If votes in favor of yes prevail, the collective agreement is approved and validated according to applicable laws. If no is voted more, the company agreement does not come into effect.
The referendum result is communicated...
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