French Labour Code
In forceThe distribution of seats between the different categories of personnel and the distribution of personnel in the electoral colleges are the subject of an agreement between the employer and the trade union organisations concluded under the conditions of article L. 2314-6.
This agreement mentions the proportion of women and men making up each electoral college.
Where at least one trade union organisation has responded to the employer's invitation to negotiate and the agreement referred to in the first paragraph of this article cannot be reached, the administrative authority shall decide on this distribution between the electoral colleges. In doing so, it shall comply either with the distribution arrangements set out in the agreement referred to in article L. 2314-12 or, in the absence of an agreement, with those set out in article L. 2314-11.
Referral to the administrative authority suspends the electoral process until the administrative decision has been taken and results in the extension of the current terms of office of the elected representatives until the results of the ballot are announced.
The decision of the administrative authority may be appealed to a court of law, to the exclusion of any other administrative or contentious appeal.
