French Labour Code
In forceI.-The joint fund allocates its credits :
1° Equally between employee trade union organisations, on the one hand, and professional employers' organisations, on the other hand, in respect of the mission mentioned in 1° of article L. 2135-11, at national level and at branch level. The methods for distributing the funds between employee trade union organisations and between professional employers' organisations are determined by regulation, in a uniform manner for employee trade union organisations and on the basis of audience for professional employers' organisations. To assess this audience, 50% each of the number of companies that are members of representative professional employers' organisations and that employ at least one employee and the number of employees employed by these same companies are taken into account;
2° On an identical flat-rate basis, set by decree, for each of the employees' trade union organisations and the employers' professional organisations that are representative at national and cross-industry level, and on an identical flat-rate basis of a lower amount, set by decree, for each of the employees' trade union organisations whose statutory purpose is national and cross-industry in nature and which received more than 3% of the votes cast in the elections provided for in 3° of article L. 2122-9 and for each of the representative professional employers' organisations at national and multi-professional level mentioned in article L. 2152-2, in respect of the mission mentioned in 2° of article L. 2135-11 ;
3° On the basis of a distribution, defined by decree, according to the audience of each of the employee trade union organisations whose statutory vocation is of a national and cross-industry nature and which received more than 3% of the votes cast during the elections provided for in 3° of Article L. 2122-9, in respect of the mission mentioned in 3° of Article L. 2135-11.
II.-For the allocation of credits from the fund to the organisations mentioned in article L. 2135-12 , the year following that in which:
1° Their representativeness is determined and their audience measured pursuant to the provisions of articles L. 2122-5 and L. 2122-9 in the case of employees' trade union organisations and articles L. 2152-1, L. 2152-2 and L. 2152-4 in the case of professional employers' organisations is taken into account;
2° The order merging the areas covered by collective bargaining agreements, issued in application of the provisions of article L. 2261-32, or the order extending the agreement merging the said areas, has been published and the representativeness and audience of the employees' trade union organisations and the professional employers' organisations concerned have been assessed in accordance with the provisions of 1° and 3° of this article.
