Collective Labor Relations Law

This set of vocabulary flashcards covers the fundamental legal terms and historical context of collective labor relations law in France, including the right to strike, trade union representativity, employee representation bodies (CSE), and collective bargaining effects.

Relations collectives du Travail

A regulatory system for relations between employees and their representatives on one side, and the employer or employers' organizations on the other.

Décret d’Allarde (17 mars 1791)

A historical text that posed the principle of freedom of work and suppressed the old corporations.

Loi Le Chapelier (juin 1791)

A revolutionary law that prohibited professional associations and coalitions, emphasizing an individualistic vision where no intermediary exists between the worker and the employer.

Loi Waldeck-Rousseau (21 mars 1884)

A major turning point that repealed the Loi Le Chapelier and recognized the freedom for trade unions to constitute themselves freely without authorization.

Grève (Strike)

Defined by the Cour de cassation (17 janvier 1968) as the collective and concerted cessation of work in order to support professional demands.

Lock out

A practice where an employer forbids employees access to the workplace; it is generally prohibited in France except for security measures.

Grève perlée

A slowdown of work cadence or defective execution of work; it is disqualified as a legal strike and considered an illicit movement.

Grève du zèle

The scrupulous and excessive respect of instructions with the intent to harm the company, which is not considered a legitimate exercise of the right to strike.

Dumping social

Competitive practices where companies use lower social standards to compete, which collective agreements (specifically branch laws) aim to regulate via professional laws.

Principe de faveur

A principle stating that when legal and collective agreement norms conflict, the disposition most favorable to the employee is applied.

Faute lourde

A fault characterized by the employee's intent to harm the employer or the service; it is the only ground upon which a striker's contract can be legally terminated.

Liberté syndicale

A fundamental freedom recognized by the 1946 Preamble including both the positive right to join a union of one's choice and the negative right not to join or to withdraw.

Principe de spécialité

The rule that trade unions must exclusively limit their object to the study and defense of rights and professional interests of the persons mentioned in their statutes.

Transparence financière

One of the cumulative representativity criteria requiring unions to establish and publish accounts approved by their management bodies and assembly.

Audience électorale

A representativity criterion requiring a union to obtain at least $10\%$ of votes at the enterprise level or $8\%$ at the branch and national levels during the first round of elections.

Action en substitution

A legal prerogative of representative unions allowing them to take legal action on behalf of an employee without a specific mandate in cases defined by law, provided the employee is informed and does not objects.

Section syndicale

The manifestation of a union within a company or establishment requiring at least 2 members to carry out union missions.

RSS (Représentant de la section syndicale)

A representative designated by a non-representative union that has established a section syndicale, provided for in companies with at least $50$ employees.

Délégué syndical (DS)

A representative designated by a representative union from candidates who received at least $10\%$ of the votes in the first round of the CSE elections.

CSE (Comité social et économique)

The single employee representation body created by the 2017 Macron ordinances which merged the délégués du personnel, the comité d'entreprise, and the CHSCT.

UES (Unité économique et sociale)

A judicial or negotiated recognition of several distinct legal entities as a single entity for employee representation due to management concentration and a community of workers.

Délais préfixes

Fixed time limits established in 2013 for CSE consultations; once elapsed, the CSE is deemed to have given a negative opinion.

Convention collective

A collective agreement that covers the totality of working conditions, professional training, and social guarantees.

Effet erga omnes

The principle that a collective agreement applies to all workers within its scope, whether or not they are members of the signing trade union.

Accord de performance collective (APC)

An agreement created to meet company operational needs or preserve/develop employment, allowing the adjustment of remuneration, working hours, and mobility; refusal by the employee leads to a pre-justified dismissal.