Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information contained in the Government's report in reply to the comments made by the French Democratic Confederation of Labour (CFDT) concerning the difficulties trade union organizations have in respect of their establishment and activities in small and medium-sized enterprises.

The Committee notes in particular the information supplied by the Government in its report to the effect that the Labour Code authorizes representative trade unions to establish a trade union section in all enterprises, whatever the nature of their activities, their legal constitution or number of workers and that this faculty is not subject to any formal condition. The Committee also notes the Government's statement according to which section 6 of Act No. 96-985 of 12 November 1996, endorsed by the Constitutional Council, permits collective bargaining to be conducted in enterprises having no trade union delegates and in enterprises of fewer than 50 employees having no staff delegates acting as trade union delegates, either by elected representatives or by one or more mandated employees. The Committee notes, finally, that according to the information supplied in the Government's report, the Court of Cassation has already allowed that in enterprises where the legal conditions for designating a trade union delegate are not met, industrial agreements may be negotiated and signed by employees holding a mandate given by a representative trade union.

In the present state of information, the Committee considers that the legislation and jurisprudence provided by the Government do not appear to contravene Article 11 of the Convention.