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Union Delegate
Verified 07 September 2023 - Directorate for Legal and Administrative Information (Prime Minister)
A trade union may set up a trade union section in the company provided that it has at least two members. The trade union may appoint an employee of the company to represent trade union section. Where a trade union is representative in the company, it shall appoint a shop steward (SW). Which employee can be designated as DS? How is this designation done? What is the DS's role in the company? What are the DS's means of action? We're doing an update on the regulations.
What applies to you ?
Information about the union steward's mandate differs depending on the company's workforce.
Less than 50 employees
The shop steward (DS) ensures the link between employees and the trade union organization to which it belongs.
He leads the union section.
He represents his trade union to the employer and provides protection of employees.
It may make proposals, claims or complaints.
Each year, the shop steward negotiates with the employer on the following topics:
- Wages, duration and organization of working time
- Objectives of professional equality between men and women
- Measures concerning the integration into employment and the retention in employment of disabled workers
The employer must also hire every year, in the absence of an existing agreement, a negotiation with the trade union representative on the following subjects:
- Wage savings (profit-sharing or savings plan)
- Conditions for setting up a sickness insurance scheme
- Employees' right of expression
The employer and the trade unions may also at any time, apart from compulsory negotiations, negotiate on subjects they choose.
Age and seniority requirements
An employee applying for the position of shop steward must meet the following 3 conditions:
- Be at least 18 years of age
- Work in the company since Minimum 1 year (or for 4 months in the case of the creation of a company or the opening of an establishment)
- have not been subject to any prohibition, forfeiture or incapacity on his civil rights
Choice of designated employee
A representative trade union in the company appoints the SD from among its members holders of the staff delegation to the ESC.
The union shall inform the employer of the identity of the RO by registered letter with acknowledgement of receipt or by letter delivered against receipt.
The letter must mention the mandate given to the employee and the framework in which this designation is made (company, establishment for example).
A copy of this letter shall be sent to the labor inspector following the company.
The union displays the name of the RO on the union communications panel.
FYI
if the DS is replaced or ceases to hold office during his term of office, the same procedure shall apply.
Each representative trade union organization may appoint one trade union representative from among its members holders of the staff delegation to the ESC: titleContent.
The union representative does not receive credit for hours of delegation. A collective agreement may provide for the allocation of a credit for delegation hours.
The shop steward shall use the credit for hours he receives under his mandate as the staff representative of the ESC to carry out its tasks.
Yes, the shop steward can serve more than one term.
In the performance of his duties, the shop steward may travel outside the company during his hours of delegation.
He may move freely within the company and make the necessary contacts for the performance of his mission.
He can also contact an employee at his workstation. This should not hinder the work of employees.
The term of office of the shop steward shall automatically end at the following professional elections.
It may also terminate if
- Withdrawal by the union of DS's mandate from the employee he had designated
- Resignation from office
- Termination of employment contract (e.g. resignation from employment)
Yes the shop steward shall be protected against dismissal. His dismissal may take place after authorization by the labor inspector.
The status of protected employee ensures that the dismissal of the employee is not related to his duties as a shop steward. This protection is intended, in particular, to protect him from possible reprisals by the employer.
There are 2 periods during which the SD is protected against dismissal.
Répondez aux questions successives et les réponses s’afficheront automatiquement
During the mandate
The protection shall apply throughout the term of office of the shop steward.
After the termination of the mandate
At the end of the term of office, the shop steward shall be protected against dismissal for a period of six months.
From 50 to 499 employees
The shop steward (DS) ensures the link between employees and the trade union organization to which it belongs.
He leads the union section.
He represents his trade union to the employer and ensures the defense of employees.
The RO makes proposals, claims or claims to the employer.
The employer has to negotiate with the unions. This negotiation covers certain topics. The frequency of negotiations may be fixed by agreement between the employer and the trade unions. This frequency varies depending on whether or not an agreement has been reached with the trade unions.
Agreement between employer and trade unions
An agreement between the trade unions and the employer may provide for the timetable, periodicity, subjects and conditions of negotiation. The periodicity of this agreement may not exceed 4 years.
Negotiations shall cover in particular the following subjects:
- Wages
- Duration and organization of working time
- Wage Savings
- Professional equality between women and men
- Quality of working life
In the absence of an agreement between the employer and the trade unions
The topics of negotiation differ according to the size of the company.
Company of less than 300 employees
In the absence of an agreement, the union representatives negotiate annually with the employer, in particular on the following subjects:
- Wages
- Duration and organization of working time
- Wage Savings
- Professional equality between women and men
- Quality of working life
Company of more than 300 employees
In the absence of an agreement, the union representatives negotiate annually with the employer, in particular on the following subjects:
- Wages
- Duration and organization of working time
- Wage Savings
- Professional equality between women and men
- Quality of working life
- Agreement on Forward Management of Jobs and Skills
The employer and the trade unions may also at any time, apart from compulsory negotiations, negotiate on subjects they choose.
Age and seniority requirements
An employee applying for the position of shop steward must meet the following 3 conditions:
- Be at least 18 years of age
- Work in the company since Minimum 1 year (or for 4 months in the case of the creation of a company or the opening of an establishment)
- have not been subject to any prohibition, forfeiture or incapacity on his civil rights
Choice of designated employee
A representative trade union in the company shall appoint the DS from among the candidates in the professional elections who have obtained in their personal capacity and at least in their college 10% of the votes cast at 1er round of the last elections in ESC.
The union shall inform the employer of the identity of the RO by registered letter with acknowledgement of receipt or by letter delivered against receipt.
The letter must mention the mandate given to the employee and the framework in which this designation is made (company, establishment for example).
A copy of this letter shall be sent to the labor inspector following the company.
The union displays the name of the RO on the union communications panel.
FYI
if the DS is replaced or ceases to hold office during his term of office, the same procedure shall apply.
Union Delegate
Only 1 union representative may be appointed by a representative union.
Central Union Delegate
In a company with at least 2 establishments of 50 employees each, each representative trade union may appoint one of its representativesestablishment as a company trade union representative.
The shop steward shall be given a certain number of hours of delegation to carry out his duties, depending on the size of the company.
This time is considered to be working time.
Union Delegate
The hours credit differs according to the size of the company.
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Company of 50 to 150 employees
The union representative's hours credit is equal 12 hours per month.
Companies from 151 to 499 employees
The union representative's hours credit is equal 18 hours per month.
Central Union Delegate
The central shop steward does not have a specific time credit.
Yes, the shop steward can serve more than one term.
Warning
in a company of less than 300 employees, the trade union representative is automatically the trade union representative at the CSE. When the SD is elected to the CSE, it must make a choice. Indeed, the mandate of trade union representative at the CSE is not compatible with that of an elected member of the ESC.
In the performance of his duties, the shop steward may travel outside the company during his hours of delegation.
He may move freely within the company and make the necessary contacts for the performance of his mission.
He can also contact an employee at his workstation. This should not hinder the work of employees.
The term of office of the shop steward shall automatically end at the following professional elections.
It may also end in particular:
- If the company's workforce falls permanently below 50 employees. In this case, either an agreement shall be negotiated between the employer and all representative trade unions, or Dreets: titleContent take a decision after verification in the absence of agreement
- If the union withdraws DS's mandate from the employee it had designated
- Following his resignation from office
- In the event of termination of the contract of employment (e.g. resignation from employment)
Yes the shop steward shall be protected against dismissal.
The status of protected employee ensures that the dismissal of the employee is not related to his duties as a shop steward. This protection is intended, in particular, to protect him from possible reprisals by the employer.
There are 2 periods during which the SD is protected against dismissal.
Répondez aux questions successives et les réponses s’afficheront automatiquement
During the mandate
The protection shall apply throughout the term of office of the shop steward.
After the termination of the mandate
At the end of the term of office, the shop steward shall enjoy protection against dismissal for a period of 12 months provided that he has been in office for at least 1 year.
From 500 to 1999 employees
The shop steward (DS) ensures the link between employees and the trade union organization to which it belongs.
He leads the union section.
He represents his trade union to the employer and ensures the defense of employees.
The RO makes proposals, claims or claims to the employer.
The employer has to negotiate with the unions. This negotiation covers certain topics. The frequency of negotiations may be fixed by agreement between the employer and the trade unions. This frequency varies depending on whether or not an agreement has been reached with the trade unions.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Agreement between employer and trade unions
An agreement between the trade unions and the employer may provide for the timetable, periodicity, subjects and conditions of negotiation. The periodicity of this agreement may not be more than 4 years.
Negotiations shall cover in particular the following subjects:
- Wages, duration and organization of working time and wage savings
- Gender equality and quality of life at work
In the absence of an agreement between the employer and the trade unions
Each year, union representatives negotiate with the employer on the following topics:
- Wages, duration and organization of working time and wage savings
- Gender equality and quality of life at work
- Agreement on Forward Management of Jobs and Skills
The employer and the trade unions may also at any time, apart from compulsory negotiations, negotiate on subjects they choose.
Age and seniority requirements
An employee applying for the position of shop steward must meet the following 3 conditions:
- Be at least 18 years of age
- Work in the company since Minimum 1 year (or for 4 months in the case of the creation of a company or the opening of an establishment)
- have not been subject to any prohibition, forfeiture or incapacity on his civil rights
Choice of designated employee
A representative trade union in the company shall appoint the DS from among the candidates in the professional elections who have obtained in their personal capacity and at least in their college 10% of the votes cast at 1er round of the last elections in ESC.
The union shall inform the employer of the identity of the RO by registered letter with acknowledgement of receipt or by letter delivered against receipt.
The letter must mention the mandate given to the employee and the framework in which this designation is made (company, establishment for example).
A copy of this letter shall be sent to the labor inspector following the company.
The union displays the name of the RO on the union communications panel.
FYI
if the DS is replaced or ceases to hold office during his term of office, the same procedure shall apply.
Union Delegate
The number of shop stewards depends on the size of the company.
Number of staff in the company | Number of union representatives |
|---|---|
From 50 to 999 employees | 1 |
From 1,000 to 1,999 employees | 2 |
Additional Union Delegate
A representative trade union may appoint an additional trade union representative if the following 2 conditions are met:
- To have obtained one or more elected representatives in the college of workers and employees at the election of the ESC: titleContent
- Have at least 1 elected to one of the other 2 colleges (Master's Officer and Executive)
This DS shall be chosen from among the candidates in the professional elections. These candidates must have at least 10% of the votes cast at 1er round of the last elections of incumbents in ESC: titleContent.
Central Union Delegate
In a company with at least 2 establishments of 50 employees each, each representative trade union may appoint one of its representativesestablishment as a company trade union representative.
The shop steward shall be given a certain number of hours of delegation to carry out his duties, depending on the size of the company.
This time is considered to be working time.
Union Delegate
The union representative's hours credit is equal 24 hours per month.
Additional Union Delegate
The additional shop steward shall be granted a credit of 24 hours per month.
Central Union Delegate
The central shop steward does not have a specific time credit.
Yes, the shop steward can serve more than one term.
In the performance of his duties, the shop steward may travel outside the company during his hours of delegation.
He may move freely within the company and make the necessary contacts for the performance of his mission.
He can also contact an employee at his workstation. This should not hinder the work of employees.
The term of office of the shop steward shall automatically end at the following professional elections.
It may also end in particular:
- If the company's workforce falls permanently below 50 employees. In this case, either an agreement shall be negotiated between the employer and all representative trade unions, or Dreets: titleContent take a decision after verification in the absence of agreement
- If the union withdraws DS's mandate from the employee it had designated
- Following his resignation from office
- In the event of termination of the contract of employment (e.g. resignation from employment)
Yes the shop steward shall be protected against dismissal.
The status of protected employee ensures that the dismissal of the employee is not related to his duties as a shop steward. This protection is intended, in particular, to protect him from possible reprisals by the employer.
There are 2 periods during which the SD is protected against dismissal.
Répondez aux questions successives et les réponses s’afficheront automatiquement
During the mandate
The protection shall apply throughout the term of office of the shop steward.
After the termination of the mandate
At the end of the term of office, the shop steward shall enjoy protection against dismissal for a period of 12 months provided that he has been in office for at least 1 year.
2000 or more employees
The shop steward (DS) ensures the link between employees and the trade union organization to which it belongs.
He leads the union section.
He represents his trade union to the employer and ensures the defense of employees.
The RO makes proposals, claims or claims to the employer.
The employer has to negotiate with the unions. This negotiation covers certain topics. The frequency of negotiations may be fixed by agreement between the employer and the trade unions. This frequency varies depending on whether or not an agreement has been reached with the trade unions.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Agreement between employer and trade unions
An agreement between the trade unions and the employer may provide for the timetable, periodicity, subjects and conditions of negotiation. The periodicity of this agreement may not be more than 4 years.
Negotiations shall cover in particular the following subjects:
- Wages, duration and organization of working time and wage savings
- Gender equality and quality of life at work
In the absence of an agreement between the employer and the trade unions
Each year, union representatives negotiate with the employer on the following topics:
- Wages, duration and organization of working time and wage savings
- Gender equality and quality of life at work
- Agreement on Forward Management of Jobs and Skills
The employer and the trade unions may also at any time, apart from compulsory negotiations, negotiate on subjects they choose.
Age and seniority requirements
An employee applying for the position of shop steward must meet the following 3 conditions:
- Be at least 18 years of age
- Work in the company since Minimum 1 year (or for 4 months in the case of the creation of a company or the opening of an establishment)
- have not been subject to any prohibition, forfeiture or incapacity on his civil rights
Choice of designated employee
A representative trade union in the company shall appoint the DS from among the candidates in the professional elections who have obtained in their personal capacity and at least in their college 10% of the votes cast in the first round of the last ESC.
The union shall inform the employer of the identity of the RO by registered letter with acknowledgement of receipt or by letter delivered against receipt.
The letter must mention the mandate given to the employee and the framework in which this designation is made (company, establishment for example).
A copy of this letter shall be sent to the labor inspector following the company.
The union displays the name of the RO on the union communications panel.
FYI
if the DS is replaced or ceases to hold office during his term of office, the same procedure shall apply.
Union Delegate
The number of shop stewards depends on the size of the company.
Number of staff in the company | Number of union representatives |
|---|---|
From 2,000 to 3,999 employees | 3 |
From 4,000 to 9,999 employees | 4 |
Over 9,999 employees | 5 |
Additional Union Delegate
A representative trade union may appoint an additional trade union representative if the following 2 conditions are met:
- To have obtained one or more elected representatives in the college of workers and employees at the election of the ESC: titleContent
- Have at least 1 elected to one of the other 2 colleges (Master's Officer and Executive)
This DS shall be chosen from among the candidates in the professional elections. These candidates must have at least 10% of the votes cast at 1er round of the last elections of incumbents in ESC: titleContent.
Central Union Delegate
In a company with at least 2 establishments with 50 employees each, each representative trade union may designate a central RO different from the establishment trade union representatives.
Depending on the size of the company, the union representative has a certain number of hours of delegation to carry out his duties.
This time is considered to be working time.
Union Delegate
The union representative's hours credit is equal to 24 hours per month.
Additional Union Delegate
The additional shop steward has a credit of 24 hours per month.
Central Union Delegate
The central shop steward has a credit of 24 hours per month.
If the central shop steward is already a shop steward, his hours credit shall be increased to 24 hours if not already met as part of his or her mandate as a shop steward.
Example :
In a company of 3,000 employees with 2 establishments (one with 2,700 employees and one with 300 employees), the shop steward (300 employees) is entitled to 18 hours a month. This appropriation will be increased to 24 hours if he is designated as the company's trade union representative (6 hours + 6 hours).
Yes, the shop steward can serve more than one term.
In the performance of his duties, the shop steward may travel outside the company during his hours of delegation.
He may move freely within the company and make the necessary contacts for the performance of his mission.
He can also contact an employee at his workstation. This should not hinder the work of employees.
The term of office of the shop steward shall automatically end at the following professional elections.
It may also end in particular:
- If the company's workforce falls permanently below 50 employees. In this case, either an agreement shall be negotiated between the employer and all representative trade unions, or Dreets: titleContent take a decision after verification in the absence of agreement
- If the union withdraws DS's mandate from the employee it had designated
- Following his resignation from office
- In the event of termination of the contract of employment (e.g. resignation from employment)
Yes the shop steward shall be protected against dismissal.
The status of protected employee ensures that the dismissal of the employee is not related to his duties as a shop steward. This protection is intended, in particular, to protect him from possible reprisals by the employer.
There are 2 periods during which the SD is protected against dismissal.
Répondez aux questions successives et les réponses s’afficheront automatiquement
During the mandate
The protection shall apply throughout the term of office of the shop steward.
After the termination of the mandate
At the end of the term of office, the shop steward shall enjoy protection against dismissal for a period of 12 months provided that he has been in office for at least 1 year.
Who can help me?
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The informants who answer you belong to the ministry responsible for labor.
Age and seniority requirements to be a trade union representative
Appointment of shop stewards in companies with 50 or more employees
Additional duties in companies with less than 300 employees
Trade union representative in companies with less than 50 employees
Mandate of the shop steward
Union delegate delegation hours
Conditions for the appointment of shop stewards in companies with 50 or more employees
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