The application of union representativity reform in France: case law

Abstract

The reform of union representation operated in France in 2008 has led to a heavy shift in the form of representativeness determination in the neighboring country. The previous rules determined legitimacy from the top to the bottom as a result of an irrebuttable presumption of representativeness affecting trade unions affiliatiated to union confederations recognized as representative by the Decree of March 31, 1966. On the contrary, the new regulation establishes legitimacy from the bottom to the top based on results of election held in companies, which determine the representativeness of trade unions at sectoral and cross-sectoral national level. However, the terms of the reform can be described as unsatisfactory, even though we will have to wait quite a long time to fully verify its effects. The complexity of the new regulations, which coincides with other far-reaching reforms in collective bargaining and, in particular, in the legitimacy to negotiate and reach agreements, so far has raised a significant level of conflict.