Paragraph 2: Negotiation procedures in companies with between eleven and fifty employees

I. - In companies with between eleven and less than fifty employees, where there is no trade union representative in the company or establishment, company or establishment agreements may be negotiated, concluded, revised or terminated :

1° Either by one or more employees expressly authorised by one or more representative trade union organisations in the branch or, failing that, by one or more representative trade union organisations at national and cross-industry level, whether or not they are members of the staff delegation of the social and economic committee. For this purpose, the same organisation may appoint only one employee;

2° Or by one or more full members of the staff delegation of the social and economic committee.

Agreements negotiated, concluded, revised or terminated in this way may relate to all measures that may be negotiated by company or establishment agreement on the basis of this code.

II. - The validity of agreements or revision amendments concluded with one or more members of the staff delegation of the social and economic committee, whether or not they have a mandate, is subject to their being signed by members of the social and economic committee representing the majority of votes cast in favour of the members of the social and economic committee at the last professional elections.

For the assessment of the majority condition provided for in the first paragraph of this II, when an agreement is concluded by one or more full members of the staff delegation of the central social and economic committee, account is taken, for each of the full members of the delegation, of a weighting equal to the ratio between the number of votes cast in the establishment in favour of that member and the total number of votes cast in each establishment in favour of the full members making up the said delegation.

The validity of revision agreements or amendments concluded with one or more authorised employees, if they are not members of the staff delegation of the Social and Economic Committee, is subject to their approval by the employees by a majority of the votes cast, under conditions determined by decree and in compliance with the general principles of electoral law.