international employment law firm alliance L&E Global
France

France: Limits to the freedom of expression of trade union representatives

A union representative who, during a meeting of the Technical Committee, makes “particularly disrespectful and aggressive” remarks to his or her superior is guilty of disciplinary misconduct.  While trade union representatives enjoy a greater freedom of expression than other public officials, required for the exercise of their mandate and for the defence of the interests of the staff they represent, this freedom is not unlimited and must be reconciled with their ethical obligations. These obligations must be respected, including within consultation bodies, the Conseil d’État points out.

 

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