No.
During their term of office, the full and alternate members of the staff delegations and the health and safety representative may not be subjected to a change of an essential clause in their employment contracts rendering applicable the legal procedure laid down in Article L. 121-7 of the Labour Code.
Staff delegates are granted a specific remedy to take action against a unilateral change. Article L. 415-10, paragraph 1, subparagraph 2, of the Labour Code stipulates as follows: “Where appropriate, those delegates may, by an ordinary request to the president of the employment court, who will adjudicate as a matter of urgency and by summary decision, after the parties have been heard or duly convened, request discontinuation of any unilateral amendment to any such clause.”
Where a substantial change is unilaterally imposed by an employer on a member of the staff delegation, the latter is granted two remedies: he may in the same way as any other employee, decide to resign and to take action for dismissal and claim damages, or seek cessation of the change on the basis of Article L. 415-10, paragraph 1, subparagraph 2, of the Labour Code. Delegates may therefore seek cessation of the unilateral change by an ordinary application to the President of the Labour Court, who will give a decision as a matter of urgency. It should, however, be pointed out that the effect of such cessation of a change is not entirely clear. In principle, a cessation takes effect only from the time when the court gives judgement and it does not have retroactive effect. Consequently, the change would not be void as from its entry into force. At the present time, this question has not yet been settled definitively by case law.
It is however accepted in the case law that a change to the employment contract of a delegate is possible where there is a flexibility clause. The implementation of such a clause must, however, be carried out without any abuse of law. Consequently, the employer remains, according to the case law, authorised to change the working conditions of a staff delegate if the contract contains a flexibility clause and the change is not unfair.