RIGHT OF OBJECTION

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FRANCE
OPPOSITION (DROIT D')
RIGHT OF OBJECTION

1. Legally recognized prerogative of trade union organizations which are not signatories to a derogation agreement (provided they obtained half the votes in the most recent works council elections in an enterprise) to veto the agreement in question. This is a mechanism for a posteriori control made necessary by the erga omnes force attributed in principle to collective agreements concluded by any representative union. The right of objection, which was introduced in 1982, enshrines the disconcerting notion of negative majority representativeness. Its legitimate exercise deprives the agreement of all legal force.

2. Legally recognized prerogative of two organizations acting on behalf of employees or on behalf of employers to block, temporarily, the extension of a collective agreement by the Minister for Labour, when it is being considered by the National Collective Bargaining Commission. They must invoke failure to satisfy the legal conditions governing extension. The effect of such objection is to oblige the Minister to consult the Commission again; this time the Commission's opinion is not binding.


Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.