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The role of a staff representative is to defend the interests of employees within a company. Elected every four years, its main mission is to present employers with all individual or collective complaints.
His missions :
As a representative of the employees of a company, the staff representative’s mission is to inform the employer of all individual or collective complaints. He also assists the employee during interviews. The staff representative can contact the labor inspectorate in the event of non-compliance with the labor code or the collective agreement, and also checks the compliance of wages and the proper application of health and safety rules.
The election of staff representatives takes place every four years and is mandatory in any structure employing at least 11 employees for 12 months. If the employer does not organize these elections spontaneously, they may be requested by any employee or any trade union organization. To be eligible, you must be 18 years old and have a seniority of one year. It is a list ballot in two rounds for each college (workers and employees on the one hand, technicians and executives on the other), with an allocation of seats by proportional representation.
Its means of action:
The employer must provide the staff representative with the necessary information about the company: collective agreement, internal regulations, staff register, etc. The staff representative can assist the employee during interviews with the employer, in particular preliminary interviews. for possible punishment. He can also meet with employees. Furthermore, it has the right to distribute leaflets and has a notice board.
The staff representative retains his functions in the company. The employer is required to give him the time necessary for the performance of his duties. The number of hours of delegation is set according to the company’s workforce. During these hours of delegation, he can receive the employees in the room made available to him by the employer or go to meet the staff at his place of work. He can also leave the company to seek information from an organization or union.
Its protected status:
To avoid sanctions due to his position, the staff representative is protected for the duration of his mission. No sanction may be imposed on him without the authorization of the labor inspectorate. This protection continues six months after the end of his duties as a delegate.
DAMY Law Firm, Nice, Update 2022