Le lien vers cette page a été envoyé avec succès aux destinataires.
Representative of the Trade Union Section (RSS)
Verified 08 August 2023 - Legal and Administrative Information Directorate (Prime Minister)
Institution set up by a trade union with at least two members to defend the rights and interests of the employees it represents
Outcome of the negotiations between the social partners (employers and employees)
Loss of right
Impossibility of exercising a right
Written agreement negotiated between trade union representatives of employees and employers' groups. It complements and adapts labor legislation in a given sector of activity, often more favorably for employees.
A trade union may set up a trade union section in the company provided that it has at least two members. The trade union may appoint an employee of the company to represent trade union section (RSS). Which union can designate an RSS? Does the designation of an SSR vary according to the number of employees in the company? What are its missions? ? We're doing an update on the regulations.
What applies to you ?
Where a trade union does not meet the representativeness in a company, it may appoint a representative of the trade union section (RSS) . The rules for designation vary according to the size of the company.
Companies with less than 50 employees
A non-representative trade union may designate a full member of the staff delegation to the Social and Economic Committee (ESC), as representative of the Trade Union Section (SSR).
This designation is possible if the non-representative trade union has established a trade union section.
The RSS represents its union with the employer.
It provides the link between the employees and the union. He is the head of the union section formed by this union.
It defends the employees.
In particular, it may make proposals, claims or complaints.
He can't negotiate of collective agreements with the employer, unlike the shop steward (DS).
Only a union non-representative in the company may designate an RSS.
The union has to fill out one of the following 2 conditions :
- A legally constituted union that meets the following four conditions:
- Minimum age of 2 years
- Competent in the geographical and professional field of the company
- Respect for Republican values (e.g. respect for freedom of political opinion)
- Financial transparency (e.g. compliance with accounting obligations)
- Or trade union affiliated to a representative trade union organization at national and inter-branch level
Age and seniority requirements
An employee applying for RSS duties must meet the following three conditions:
- Be at least 18 years of age
- Work in the company for a minimum of 1 year (or for 4 months in the case of the creation of a company or the opening of an establishment)
- have not been subject to any prohibition, forfeiture or incapacity on his civil rights
Please note
In a temporary work company the employee must work in the company for at least 6 months taking into account mission contract periods during the 18 months prior to designation
Choice of designated employee
The non-representative trade union in the company shall designate the SSR among the full members of the staff delegation to the Social and Economic Committee (ESC).
FYI
one convention or a collective agreement may provide for more favorable conditions for designation.
The union shall inform the employer of the identity of the SSR by registered letter with acknowledgement of receipt or by letter delivered against receipt.
The letter must mention the employee's mandate and the framework in which this designation is made (e.g. company, establishment).
A copy of this letter is sent by the union to the labor inspector who follows the company.
The union will display the name of the SSR on the trade union communications panel.
FYI
if the SSR is replaced or ceases to function during its term of office, the same procedure shall apply.
Delegation hours
The RSS does not have delegation time credits.
The SSR shall use the hours credit it receives under his/her mandate as staff representative to the ESC to carry out its tasks.
Please note
one convention or a collective agreement may provide for the allocation of an hours credit.
Moves
The SSR may circulate freely in the company and make the necessary contacts for the fulfillment of its mission.
He can also contact an employee at his workstation. This should not hinder the work of employees.
In the performance of his duties, he may travel outside the company during his delegation hours.
Communication
The SSR shall use the means granted to the trade union section.
It can display information about the display panel of the union section in the company.
It may organize or participate in union meetings every month in the company.
It can publish and distribute union leaflets.
The SSR mandate automatically ends at the end of the 1res professional elections following his appointment.
The term of office may also be terminated in the following cases:
- Withdrawal of SSR mandate by the union
- Resignation from office
- Termination of employment contract (e.g. resignation from employment)
Yes, RSS is a protected employee. He has protection against dismissal.
Dismissal of an SSR may not take place only after authorization by the labor inspector.
The status of protected employee ensures that the dismissal of the employee is not related to his duties as representative of the trade union section.
This protection is intended, in particular, to protect him from possible reprisals by the employer.
During the mandate
The protection shall apply throughout the SSR's term of office.
After the termination of the mandate
At the end of the term of office, the SSR shall enjoy protection against dismissal for a period of 12 months provided that it has been in office for at least 1 year.
Companies with 50 or more employees
A non-representative trade union may appoint a representative of the trade union section (SSR).
This designation is possible if the non-representative trade union has established a trade union section.
The RSS represents its union with the employer.
It ensures the relationship between employees and the trade union. He is the head of the union section formed by this union.
It ensures the protection of employees.
In particular, it may make proposals, claims or complaints.
He can't negotiate of collective agreements with the employer, unlike the shop steward (DS).
Only a union non-representative in the company may designate an RSS.
The union has to fill out one of the following 2 conditions :
- A legally constituted union that meets the following four conditions:
- Minimum age of 2 years
- Competent in the geographical and professional field of the company
- Respect for Republican values (e.g. respect for freedom of political opinion)
- Financial transparency (e.g. compliance with accounting obligations)
- Or trade union affiliated to a representative trade union organization at national and inter-branch level
Age and seniority requirements
An employee applying for RSS duties must meet the following three conditions:
- Be at least 18 years of age
- Work in the company for a minimum of 1 year (or for 4 months in the case of the creation of a company or the opening of an establishment)
- have not been subject to any prohibition, forfeiture or incapacity on his civil rights
Please note
In a temporary work company the employee must work in the company for at least 6 months taking into account mission contract periods during the 18 months prior to designation
Choice of designated employee
The non-representative trade union in the company refers to SSR among the company's employees.
The union shall inform the employer of the identity of the SSR by registered letter with acknowledgement of receipt or by letter delivered against receipt.
The letter must mention the employee's mandate and the framework in which this designation is made (e.g. company, establishment).
A copy of this letter is sent by the union to the labor inspector who follows the company.
The union will display the name of the SSR on the trade union communications panel.
FYI
if the SSR is replaced or ceases to function during its term of office, the same procedure shall apply.
Delegation hours
RSS benefits fromat least 4 hours delegation per month to devote themselves to his duties.
These delegation hours shall be considered as actual working time. They are paid at the regular salary.
Employee delegation hours in day-pass are grouped into half-days, which are deducted from the annual number of days worked. Half a day corresponds to 4 hours of mandate.
Moves
The SSR may circulate freely in the company and make the necessary contacts for the fulfillment of its mission.
He can also contact an employee at his workstation. This should not hinder the work of employees.
In the performance of his duties, he may travel outside the company during his delegation hours.
Communication
The SSR shall use the means granted to the trade union section.
It can display information about the display panel of the union section in the company.
It may organize or participate in union meetings every month in the company.
It can publish and distribute union leaflets.
The SSR mandate automatically ends at the end of the 1res professional elections following his appointment.
The term of office may also be terminated in the following cases:
- Withdrawal of SSR mandate by the union
- Resignation from office
- Termination of employment contract (e.g. resignation from employment)
Yes, RSS is a protected employee. He has protection against dismissal.
Dismissal of an SSR may not take place only after authorization by the labor inspector.
The status of protected employee ensures that the dismissal of the employee is not related to his duties as representative of the trade union section.
This protection is intended, in particular, to protect him from possible reprisals by the employer.
During the mandate
The protection shall apply throughout the SSR's term of office.
After the termination of the mandate
At the end of the term of office, the SSR shall enjoy protection against dismissal for a period of 12 months provided that it has been in office for at least 1 year.
Representative of the trade union section
Derogation from the prohibition on the negotiation of a company agreement
FAQ
Service-Public.fr
Service-Public.fr