Paragraph 1: Conditions of validity.

The validity of a company or establishment agreement is subject to its signature by, on the one hand, the employer or his representative and, on the other hand, one or more representative employee trade union organisations having received more than 50% of the votes cast in favour of representative organisations in the first round of the most recent elections of permanent members to the social and economic committee, whatever the number of voters.

If this condition is not met and if the agreement has been signed both by the employer and by representative trade union organisations that received more than 30% of the votes cast for representative organisations in the first round of the elections mentioned in the first paragraph, regardless of the number of voters, one or more of these organisations that received more than 30% of the votes have a period of one month from the signing of the agreement to indicate that they wish to consult employees with a view to validating the agreement. At the end of this period, the employer may ask for this consultation to be organised, in the absence of opposition from all these organisations.

If, at the end of a period of eight days from this request or on the employer's initiative, any signatures from other representative trade union organisations have not enabled the 50% rate mentioned in the first paragraph to be reached and if the conditions mentioned in the second paragraph are still met, this consultation is organised within a period of two months.

The consultation of employees, which may be organised by electronic means, takes place in compliance with the general principles of electoral law and in accordance with the procedures laid down in a specific protocol concluded between the employer and one or more representative trade union organisations having received more than 30% of the votes cast in favour of representative organisations in the first round of the elections mentioned in the first paragraph, regardless of the number of voters.

The employees of the establishments covered by the agreement and eligible to vote within the meaning of articles L. 2314-15 and L. 2314-17 to L. 2314-18-1 take part in the consultation.

The agreement is valid if it is approved by the employees by a majority of the votes cast.

In the absence of approval, the agreement is deemed to be unwritten.

A decree defines the conditions for employee consultation organised in application of this article.