ELECTORAL AND ELIGIBILITY

Voters in the sections of industry, commerce and commercial services, agriculture and miscellaneous activities, employees, workers, heads of family workshops working themselves, domestic workers, apprentices and more generally all employees not referred to in the paragraph below.

The following are electors in the management section: engineers as well as employees who, even if they do not exercise command, have equivalent training, whether or not certified by a diploma; employees who, having acquired technical, administrative, legal, commercial or financial training, exercise command by delegation from the employer; supervisors who have a written delegation of command; travelers, representatives and ushers.

Employers are voters who employ one or more employees on their own behalf or on behalf of others.
Craftsmen, traders and farmers can give a mandate, in writing, to their collaborating spouse mentioned in the directory of trades, the trade and companies register or the agricultural social protection register, to replace them with a view to registration on the electoral list. A decree in Council of State determines the conditions of application of this provision.
The general partners, the chairmen of the boards of directors, the general managers and directors, the executives with a service, a department or an establishment of the company, a particular delegation of authority, established by written, allowing them to be assimilated to an employer.

Only employers employing one or more employees under the said section can participate in the election of employer advisers to the management section. If an employer employs only one or more of these employees, he can only elect the employer advisers of the management section.

Voters are registered and vote only in one section.

Candidates are eligible:
In the section of the labor tribunal where they are registered, have been registered or meet the conditions to be registered;
In the section of the same nature of the adjoining council (s) or, in the case of retirees, in that of the council in which their domicile is located. The concepts of “bordering council” or “council” are assessed, with regard to the agriculture section, according to the remit of this section defined according to the rules provided for in Articles L. 511-3 and L. 512 -2.

By way of derogation from the rule set in the first paragraph, employees and employers exercising their main professional activity on the right of way of an aerodrome attached to the jurisdiction of a labor tribunal pursuant to the third paragraph of article L. 511-3 are registered on the electoral list of the municipality where this industrial tribunal has its seat.

The employer must communicate to the competent administrative authority the lists of the employees he employs, mentioning the section to which the company or establishment belongs.

The lists are kept in their entirety for fifteen days, for the strict purposes of consultation and verification with a view to the organization of the poll, at the disposal of the staff. They are then sent to the competent administrative authority with the written observations of the interested parties if there are any.

The electoral list is established by the mayor assisted, beyond a threshold, fixed by decree, of voters registered on the electoral list of the municipality during the last general elections of a commission whose composition is fixed by decree. Employers are required to leave the time necessary to perform their duties to employees of their company appointed members of the electoral commission. The time spent outside the company by these employees is assimilated to an actual working time under the conditions provided for in the second paragraph of article L. 514-1. The participation of an employee in this commission can not be the cause of a sanction or a breach of the employment contract by the employer.
As from the deposit of the electoral list adopted by the mayor, any voter or a representative designated by him may refer to the mayor of the municipality on the list of which he is or should be registered with a dispute concerning his registration or l registration of a group of voters. The same right belongs to the agent of a list of candidates coming under the industrial tribunal for which the dispute is lodged. Requests concerning another voter or a group of voters are made without having to justify a mandate from the voter (s) concerned, provided that they have been notified and have not declared their opposition to it. The mayor’s decision can be contested by the authors of the ex gratia appeal before the district court which rules in the last resort. A Council of State decree determines the conditions for implementing these provisions.
After the closing of the electoral list, any dispute relating to registration, whether it concerns a single voter or a group of voters, is brought before the district court which rules in the last resort until polling day. . The said dispute may be brought, under the conditions set by a decree in the Council of State, by:
– the prefect;
– the prosecutor ;
– any voter;
– the representative of a list, without having to justify a mandate of the interested voter (s), provided that they have been warned and have not declared to oppose it.

By way of derogation from the provisions which subject them to professional secrecy, the social security bodies or funds as well as the mutual social agricultural funds communicate to the services of the Ministry of Labor, for the sole purpose of informing employers and mayors about prudential elections. ‘homale to come, the lists and addresses of companies or establishments employing one or more employees.

The national commission for information technology and freedoms is responsible for controlling the use of lists drawn up on computerized documents.