What is a union advocate?

Verified 15 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The union advocate assistant or represents employees and employers before labor boards and labor courts of appeal. In the course of his duties, he advises and defends employees and employers during the procedure. The union advocate is nominated in principle for 4 years. We are taking stock of the regulations.

The list of trade union defenders is drawn up in each region by the Dreets: titleContent on proposal employers' and employees' organizations.

The list of trade union defenders is stopped by the regional prefect.

It is published in the regional prefecture's collection of administrative acts.

Please note

Trade union organizations shall appoint trade union defenders on the basis of their experience, professional relations and knowledge of social law.

The list of trade union defenders is revised every 4 years.

It can be changed at any time.

The removal of a person from the list of trade union defenders shall be carried out at the request of the organizations which have proposed his or her inclusion or on the initiative of the Dreets: titleContent.

Dreets informs the employer of the registered employee of the acquisition and withdrawal of the trade union advocate function.

Where the trade union advocate does not exercise pitch his mission for a period of 1 year and which he does not have justified of a pattern legitimate (e.g. illness), it is secluded from the list of trade union defenders.

He may also be removed from this list if he does not respect his obligations of discretion.

Finally, the union advocate may be written off of the list by the prefect of the region when he or she pitch its function for free.

The list is available at:

  • Either in each prud'homme council or court of appeal of the region,
  • Either at the Dreets: titleContent.
Who shall I contact

The trade union advocate shall carry out his duties for free.

The union advocate may ask to his employer a leave for social and environmental economic training and trade union training.

This leave may not be taken on paid leave annual. 

Training is actual work for the acquisition of paid leave and entitlement to social insurance and family benefits.

The trade union defender shall retain all other rights arising from his contract of employment.

To take this training, the trade union defender benefits from of absence authorizations.

It benefits from 2 weeks absence authorization by period of 4 years following the publication of the list of trade union defenders on which it is inscribed.

The union advocate must inform the employer of his absence for this training at least 30 days in advance (or 15 days if the absence is less than 3 days consecutive).

It specifies the name of theestablishment or the body responsible for training, the date, the duration and scheduled times.

These training absences are paid by the employer. They are accepted as part of employers' participation in the financing of vocational training.

The trade union defender may be granted leave of absence to carry out his duties. The rules differ according to the size of the companyestablishment :

11 or more employees

In establishments of at least 11 employees, the trade union defender shall be afforded the necessary time to the performance of his duties, up to 10 hours per month.

Less than 11 employees

In establishments less than 11 employees, none legal hours credit is not imposed on the employer.

In the absence of treaty provisions, the trade union advocate shall agree with the employer to take hours of absence.

A trade union advocate shall be paid remuneration during his absence which shall differ according to the number of employeesestablishment :

11 or more employees

In the establishments of at least 11 employees, the employer shall reward the absences the union advocate.

Such absences shall not result in no decrease the corresponding remuneration and benefits.

The employer is then reimbursed monthly by the State of the salaries maintained, together with the corresponding benefits and social charges.

In order to apply, the employer must complete the following form:

Application for reimbursement of salaries maintained for the performance of trade union defense duties

Less than 11 employees

In establishments with less than 11 employees, the trade union defender shall not receive any remuneration.

Please note

If the employer allows him to be absent, he has the same rights as in the companies of at least 11 employees.

The union advocate is reimbursed half-yearly travel expenses incurred by him to assist or represent a litigant before prud'homme council or appeal course.

In this case, the graft shall issue to the trade union defender a certificate attendance at the hearing. The union advocate makes his request to the Agency for Services and Payment (ASP) and attaches this attestation.

A mileage claim form must be completed:

Mileage claim related to the activity of a trade union advocate

The exercise of the trade union advocate's mission cannot be a cause of disciplinary action.

The union advocate is a protected employee.

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