What is a union advocate?
Verified 03 May 2023 - Directorate for Legal and Administrative Information (Prime Minister)
An employee or an employer engaged in labor proceedings may be assisted by a trade union advocate.
What are the trade union defender's duties? How is it designated? How long is his term? Does he have leave to perform his duties? How is he paid when he attends a game?
We are taking stock of the regulations.
The union advocate assistant or represents employees and employers before labor advice and appeals court in labor matters.
In the course of his duties, he advises and defends employees and employers during the procedure. The trade union defender shall intervene only in the perimeter the administrative region where he was appointed.
The list of trade union defenders is drawn up in each region by the Dreets: titleContent on proposal employers' and employees' organizations.
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.
Please note
where the trade union defender does not perform his duties for a period of one year without providing a legitimate reason (e.g. illness), he shall be removed from the list of trade union defenders.
The trade union defender may be removed from the list by the regional prefect if he does not exercise his function free of charge.
The list is available at:
- Either in each labor board or court of appeal in the region
- Either at the Dreets: titleContent
Departmental Directorate for Employment, Labor and Solidarity (DDETS or DDETS-PP)
Search for DDETS on the interactive map by clicking on the department desired.
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.
At the end of his training, he receives an attestation of presence. He remit this certificate to the employer when he returns to work.
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 trade union advocate shall inform the employer of his absence for at least this training 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 union advocate is entitled to a credit for hours which differs according to the number of employeesestablishment.
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 union advocate shall be paid remuneration during his absence which differs according to the number of employees in the establishment.
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 and the corresponding benefits and social charges.
In order to apply for a refund, the employer must complete form cefa n°15856:
Less than 11 employees
In establishments with less than 11 employees, the trade union defender shall not receive any remuneration.
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 and attaches this attestation.
A mileage claim form (cerfa n°15854) must be completed:
Mileage claim related to the activity of a trade union advocate
Who shall I contact
The exercise of the duty of trade union defender may not be a cause of disciplinary sanction.
A trade union advocate is a wage earner protected employee.
Who can help me?
Find who can answer your questions in your region
Departmental Directorate for Employment, Labor and Solidarity (DDETS or DDETS-PP)
Search for DDETS on the interactive map by clicking on the department desired.
Affected employees, absence hours, remuneration, training, guarantees and obligations
Affected employees, cost, guarantees and obligations