Confédération française démocratique du travail (CFDT) v France

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European Social Charter

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The complaint was registered on 15 January 2020 and relates to Article 6§2 (right to bargain collectively) of the Revised European Social Charter. CFDT alleges that the French legislation relating to the implementation of "collective agreements" in small companies is in breach with Article 6§2 of the Charter in that it introduces the possibility for the employer to set up a "collective agreement" in the company without any bargaining with the trade union organisations of workers.

The European Committee of Social Rights reached the decision that there was no violation of Article 6§2 (right to bargain collectively) on 5 July 2023.

Please find below the full judgement which includes a dissenting opinion from Carmen Salcedo Beltran which provides an interesting view as to how the French legislation should have been considered to be in violation of the Charter.

The ETUC's observations can also be found annexed below.

ETUCLEX conclusions/analyses

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