The CERFA model for the procès-verbal de carence has just been modified, and this change will be of great interest to companies with between 11 and 20 employees.
Previous regulations
Until now, in these companies, it was sufficient to inform staff of the organization of professional elections.
If no employee put himself forward as a candidate within 30 days, the VSE could draw up a “procès-verbal de carence” (minutes of default) attesting to the absence of elections.
The CERFA model did indeed include a specific box for companies with fewer than 20 employees, stating that “in accordance with the provisions of article L.2314-5 paragraph 5 of the Labor Code, no election has been organized”.
New regulations
Following a ruling by the French Constitutional Council, the Ministry of Labor has revised its interpretation of the relevant legal provisions.
From now on, very small companies (TPE) are exempted from negotiating the pre-electoral protocol with the trade unions; in other words, they can draw up this agreement internally without going through external negotiations.
However, these companies are still required to organize professional elections.
If, at the end of the two rounds of voting, there is neither an elected representative nor a candidate, the company may draw up a “procès-verbal de carence”.
Please note any employee may stand for re-election within 6 months of the end of the last election. In other words, the PV de carence is only valid for 6 months.
The new regulations seem rather onerous for a company. We’ll be sure to let you know if the situation changes.
Naturally, DESRUMAUX AVOCATS will be happy to help you organize this important event for your company.
