Default penalty at the end of the 2nd round
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As a company manager, you have held elections to appoint employee representatives in your company (elections for employee representatives if you employ fewer than 11 employees and elections for works council members if you employ more than 50 employees).
If, at the end of the first round of elections, one of the following three situations has arisen, you must provide for a second round within fifteen days following the organisation of the first round:
the absence of a list presented by a trade union organisation empowered to present candidates: it takes note of the lack of candidature in a report. A second round must be organised;
there is no quorum. A second ballot shall be held for each college or ballot for which the quorum has not been reached;
a quorum has been reached. The counting and allocation of seats shall take place. A second round is only held if not all seats have been filled, as the lists presented in the first round are incomplete.
If, at the end of the two rounds, the staff representatives have not been set up, you must draw up a report of failure to act to prove that you have fulfilled your obligations relating to the establishment of staff representative institutions.
You must post the notice of default within your company and send a copy of it, within fifteen days following the organisation of the elections, to the Labour Inspector, who will send a copy to the trade union organisations of the department concerned.
In addition, you must send a copy of the notice of default within fifteen days following the organization of the elections to the service provider retained by the Ministry of Labour, whose address is as follows: CTEP, TSA 79104, 76934 Rouen Cedex 9.