The Corporate Referendum: A Practice Regulated by Law

Key Point 1: Legal Framework for Corporate Referendums

• Established by law 2016-1088 of August 8, 2016, the corporate referendum regulates the procedures for validating collective agreements.

Key Point 2: Role of Majority and Minority Unions

• Majority unions, representing at least 50% of votes in Economic and Social Committee (ESC) elections, can validate an agreement without consulting employees.
• Minority unions, having obtained at least 30% of votes, can request a referendum to submit the agreement to employee approval.

Key Point 3: Referendum Implementation Process

• The referendum is triggered at the request of minority unions or at employer's initiative, with union agreement.
• All permanent and fixed-term employees with more than 3 months tenure are eligible to vote.
• The employer is responsible for organizing the vote, in collaboration with unions, respecting a defined electoral protocol.

Key Point 4: Topics Eligible for Referendum

• Topics submitted to referendum can include aspects such as work time organization, compensation, or working conditions.
• Certain themes, such as training rights or employment safeguard plans, remain reserved for majority union negotiations or branch agreements.

To deepen your knowledge on corporate referendums and other HR topics, Wobee offers free resources developed by experts, available on their website.

‍