France

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

France’s overall score is 94 out of 100. The overall score for France is greater than the regional average observed across Western Europe (92). Within the Western Europe, the highest score is observed for Belgium (95.5).

France ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1951 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1951.

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§L2141, 2311-2315 of the French Labour Code, §431-1 of Penal Code

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§69-71 of the French Constitution; §L2211-L2282 of the French Labour Code; ITUC Global Rights Index 2024 (France Profile)

Does the law provide for the right to strike?

Yes

1

§L2511, L2512 of the French Labour Code

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§L1132-1,1242-6 of the French Labour Code; ITUC Global Rights Index 2024 (France Profile)

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

Information

Source: §L2141, 2311-2315 of the French Labour Code, §431-1 of Penal Code

Information

Source: §69-71 of the French Constitution; §L2211-L2282 of the French Labour Code; ITUC Global Rights Index 2024 (France Profile)

A : National Law

National Labour Legislation

"Art 2232-12: 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 organizations having collected more than 50% of the votes cast in favor of representative organizations in the first round of the last elections of the incumbents to the social and economic committee, regardless of the number of voters. If this condition is not met and if the agreement has been signed by both the employer and by representative trade union organisations that have received more than 30% of the votes cast in favour of representative organisations in the first round of the elections referred to in the first paragraph, regardless of the number of voters, one or more of these organisations that have received more than 30% of the votes shall have a period of one month from the signing of the agreement to indicate that they wish to consult employees in order to validate the agreement. At the end of this period, the employer may request that this consultation be organised, in the absence of opposition from all of these organisations. If, after a period of eight days from this request or the employer's initiative, the possible signatures of other representative trade union organisations have not made it possible to reach the 50% rate mentioned in the first paragraph and if the conditions mentioned in the second paragraph are still met, this consultation shall be organised within a period of two months. The consultation of employees, which may be organised electronically, shall take place in compliance with the general principles of electoral law and in accordance with the procedures provided for 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 voters within the meaning of Articles L. 2314-15 and L. 2314-17 to L. 2314-18-1 participate 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 unwritten. A decree defines the conditions for the employee consultation organized in application of this article"

C : ITUC

ITUC Global Rights Index (country legal profile)

"Initially, the law of 4 May 2004 and the law of 20 August 2008 provided, in order to assess the majority nature of agreements, for the validation of agreements that had obtained at least 30% support and without majority opposition. Although this method of concluding agreements remains valid for sectoral and national interprofessional agreements, the law of 8 August 2016 on labour, the modernisation of social dialogue and guarantees for professional careers, known as the "Labour Law", reinforced the majority requirement for collective agreements (article L2232-12 of the Labour Code). In order to be valid, a company agreement must now have been concluded by trade union organisations that have obtained more than 50% of the votes of the representative trade unions in the first round of CSE elections (a new calculation is made taking into account only the votes obtained by those trade union organisations that have obtained at least 10% of the valid votes). Failing this, a minority agreement with 30% could be validated by referendum within the company. Trade unions oppose the use of a referendum, which calls into question the legitimacy of trade union organisations and contributes to the deterioration of the social climate in companies"

Information

Source: §L2511, L2512 of the French Labour Code

Information

Source: §L1132-1,1242-6 of the French Labour Code; ITUC Global Rights Index 2024 (France Profile)

A : National Law

National Labour Legislation

"Article 1242-6: In addition to the cases provided for in Article L. 1242-5, it is prohibited to conclude a fixed-term employment contract: 1° To replace an employee whose employment contract is suspended following a collective labor dispute; 2° To carry out certain particularly dangerous work appearing on a list established by regulation, under the conditions provided for in Article L. 4154-1. The administrative authority may exceptionally authorize an exemption from this prohibition under conditions determined by regulation."

C : ITUC

ITUC Global Rights Index (country legal profile)

"The Labour Code excludes the use of temporary employment contracts or fixed-term contracts in the event of temporary absence or suspension of the employment contract in the context of a collective dispute (art. L 1242-6)"