Section 3: Mutual funding of employee trade unions and professional employers' organisations

I. - The fund referred to in article L. 2135-9 is managed by a joint association, administered by a board of directors made up of representatives of employee trade unions and professional employers' organisations that are representative at national and cross-industry level. Within this board, each professional employers' organisation has a number of votes proportional to its audience at national and cross-industry level. To assess this audience, the number of companies that are members of professional employers' organisations that are representative at national and cross-industry level and the number of employees employed by these same companies are taken into account (30% and 70% respectively).

The association is chaired alternately by a representative of the employee trade unions and a representative of the professional employers' organisations representative at national and cross-industry level.

The employees' trade union organisations, whose statutory purpose is of a national and cross-industry nature and which received more than 3% of the votes cast in the elections provided for in 3° of article L. 2122-9, and the employers' professional organisations which are representative at national and cross-industry level, are sent the draft deliberations and decisions of the Board of Directors relating to the allocation of the credits referred to in article L. 2135-13 and may make their observations known.

The association adopts its own rules of procedure, which are approved by the Minister for Employment.

II - The Minister for Employment appoints a Government Commissioner to the joint association mentioned in I.

The Government Commissioner attends all meetings of the association's deliberative and administrative bodies. He shall receive all resolutions of the Board of Directors. He shall be provided with all documents relating to the management of the fund.

If the Government Commissioner considers that a decision taken by the Board of Directors or by another internal body or authority of the association managing the fund does not comply with the provisions of this section, with the stipulations of the approved national and interprofessional agreement or with regulatory provisions, he will refer the matter to the Chairman of the Board of Directors, who will send him a reasoned reply.

When the Government Commissioner considers that a deliberation or decision referred to in the third paragraph of this II and concerning the use of the State subsidy provided for in 3° of I of Article L. 2135-10 does not comply with the purpose of this contribution, as defined in Articles L. 2135-11 and L. 2135-12, he may oppose its implementation by means of a reasoned decision.

The procedures for applying this article shall be determined by regulation.