Representative of the trade union section (RSS)
Verified 16 October 2026 - Public Service / (Prime Minister)
A trade union may set up a trade union section in the company provided that it has at least two members. When the trade union is unrepresentative in the company, he may appoint an employee of the company representing the trade union section (RSS). We take stock of the regulations that vary according to the company's workforce (less than 50 employees or at least 50).
A trade union is representative if it brings together all the 7 criteria following:
- Respect for republican values (e.g. respect for freedom of political opinion)
- Independence (e.g. financial)
- Financial transparency (e.g. compliance with accounting requirements)
- Minimum of 2 years of seniority in the professional and geographical field covering the level of negotiation (from the date of legal deposit of the statutes)
- Influence, determined primarily by activity and experience
- Membership numbers and membership fees (sufficient number of members to ensure that their membership fees represent the main part of their resources, thus guaranteeing the independence criterion)
- Sufficient hearing in professional elections (the union must have obtained at least 10% of the votes cast on 1er round of the last elections of incumbents to the CSE: titleContent).
Less than 50 employees
Where a trade union does not meet the criteria of representativeness in a company, it may designate a full member of the staff delegation to the social and economic committee (CSE), as representative of the trade union section (RSS).
This designation is possible if the non-representative union has created a trade union section.
The RSS represents its union with the employer.
It ensures the link between employees and the union. He animates the union section formed by this union.
It ensures the defense of employees.
In particular, the RSS may make proposals, claims or claims.
The RSS cannot negotiate of collective agreements with the employer, contrary to shop steward (SD).
Alone a union unrepresentative in the company may designate an RSS.
The union must fulfill one of the following 2 conditions :
- Legally constituted trade union, i.e. meeting the following 4 conditions:
- Minimum of 2 years of seniority
- Competent in the company's geographical and professional field
- Respect for republican values (e.g. respect for freedom of political opinion)
- Financial transparency (e.g. compliance with accounting requirements)
- Or trade union affiliated to a representative trade union organization at national and inter-branch level.
Age and seniority requirements
The employee applying for RSS duties must meet the following 3 conditions:
- Be at least 18 years old
- Work in the company for at least 1 year (or for 4 months in case of company creation or opening of establishment)
- Have not been subject to any prohibition, forfeiture or incapacity concerning its civil rights.
Please note
In a company of temporary work, the employee must work in the company for at least 6 months taking into account the periods of the engagement contract during the 18 months prior to its designation.
Selection of the designated employee
The non-representative union in the company designates the RSS among the full members of the staff delegation to the social and economic committee (CSE).
The union shall inform the employer of the identity of the RSS by registered letter with acknowledgement of receipt or by letter delivered against receipt.
The letter must mention the mandate entrusted to the employee and the framework within which this designation is made (company, establishment for example).
A copy of this letter is sent by the union to the labor inspector who follows the company.
The union displays the name of the RSS on the union communications panel.
FYI
In the event of replacement of the SSR or termination of its functions during its term of office, the same procedure shall apply.
Hours of Delegation
The RSS does not have a delegation time credit.
The RSS shall use the hours credit it receives under its mandate as a staff representative in the CSE to carry out its tasks.
Please note
One convention or a collective agreement may provide for the allocation of a credit of hours.
Displacements
The RSS can move freely within the company and make the necessary contacts to carry out its mission.
They can also contact an employee at their workstation. This should not hinder the work of employees.
In the performance of his duties, he may travel outside the company during his hours of delegation.
Communication
The RSS shall use the means granted to the trade union section.
It can display information on the union section billboard in the company.
It may organize or participate in trade union meetings every month in the company.
The RSS may publish and distribute trade union leaflets.
The mandate of the RSS ends automatically at the end of the 1res professional elections following his appointment.
The term of office may also end in the following cases:
- Withdrawal of RSS mandate by the union
- Resignation of his mandate
- Termination of the employment contract (e.g. resignation from employment).
Yes, the RSS is a protected employee. He is protected against dismissal.
The dismissal of an RSS cannot take place only after the authorization of the labor inspector.
Protected employee status ensures that the dismissal of the employee is not related to his duties as a representative of the trade union section.
This protection is intended in particular to protect him from possible reprisals by the employer.
The duration of this protection is different during the mandate and after the end of the mandate.
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During the mandate
The protection is applicable throughout the term of office RSS.
After the termination of the mandate
At the end of the term of office, the SSR shall enjoy protection against dismissal as set out in 12 months provided you have performed his duties during at least 1 year.
50 employees and more
Where a trade union does not meet the criteria for representativeness in a company, it may appoint a representative of the trade union section (RSS).
This designation is possible if the non-representative union has created a trade union section.
The RSS represents its union with the employer.
It ensures the link between employees and the union. He animates the union section formed by this union.
It ensures the defense of employees.
In particular, the RSS may make proposals, claims or claims.
The RSS cannot negotiate of collective agreements with the employer, contrary to shop steward (SD).
Alone a union unrepresentative in the company may designate an RSS.
The union must fulfill one of the following 2 conditions :
- Legally constituted trade union, i.e. meeting the following 4 conditions:
- Minimum of 2 years of seniority
- Competent in the company's geographical and professional field
- Respect for republican values (e.g. respect for freedom of political opinion)
- Financial transparency (e.g. compliance with accounting requirements)
- Or trade union affiliated to a representative trade union organization at national and inter-branch level.
Age and seniority requirements
The employee applying for RSS duties must meet the following 3 conditions:
- Be at least 18 years old
- Work in the company for at least 1 year (or for 4 months in case of company creation or opening of establishment)
- Have not been subject to any prohibition, forfeiture or incapacity concerning its civil rights.
Please note
In a company of temporary work, the employee must work in the company for at least 6 months taking into account the periods of the engagement contract during the 18 months prior to its designation.
Selection of the designated employee
The non-representative union in the company refers to the RSS among employees company.
The union shall inform the employer of the identity of the RSS by registered letter with acknowledgement of receipt or by letter delivered against receipt.
The letter must mention the mandate entrusted to the employee and the framework within which this designation is made (company, establishment for example).
A copy of this letter is sent by the union to the labor inspector who follows the company.
The union displays the name of the RSS on the union communications panel.
FYI
In the event of replacement of the SSR or termination of its functions during its term of office, the same procedure shall apply.
Hours of Delegation
The RSS benefits fromat least 4 hours of delegation per month to devote himself to his duties.
These hours of delegation shall be considered as actual working time. They are paid with the usual salary.
The hours of delegation of an employee in package days are grouped into half-days, which are deducted from the annual number of days worked. Half a day corresponds to a 4-hour mandate.
Displacements
The RSS can move freely within the company and make the necessary contacts to carry out its mission.
They can also contact an employee at their workstation. This should not hinder the work of employees.
In the performance of his duties, he may travel outside the company during his hours of delegation.
Communication
The RSS shall use the means granted to the trade union section.
It can display information on the union section billboard in the company.
It may organize or participate in trade union meetings every month in the company.
The RSS may publish and distribute trade union leaflets.
The mandate of the RSS ends automatically at the end of the 1res professional elections following his appointment.
The term of office may also end in the following cases:
- Withdrawal of RSS mandate by the union
- Resignation of his mandate
- Termination of the employment contract (e.g. resignation from employment).
Yes, the RSS is a protected employee. He is protected against dismissal.
The dismissal of an RSS cannot take place only after the authorization of the labor inspector.
Protected employee status ensures that the dismissal of the employee is not related to his duties as a representative of the trade union section.
This protection is intended in particular to protect him from possible reprisals by the employer.
The duration of this protection is different during the mandate and after the end of the mandate.
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During the mandate
The protection is applicable throughout the term of office RSS.
After the termination of the mandate
At the end of the term of office, the SSR shall enjoy protection against dismissal as set out in 12 months provided you have performed his duties during at least 1 year.
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