When an economic and social unit comprising at least eleven employees is recognised by collective agreement or court decision between several legally distinct undertakings, a joint social and economic committee is set up.
Establishment social and economic committees and a central company social and economic committee are set up in economic and social units comprising at least two establishments.
A company agreement concluded at the level of the economic and social unit under the conditions provided for in the first paragraph of article L. 2232-12 determines the number and scope of the separate establishments.
In the absence of such an agreement and in the absence of a trade union delegate appointed at the level of the economic and social unit, an agreement between the undertakings grouped together within the economic and social unit and the social and economic committee, adopted by a majority of the elected full members of the personnel delegation of the committee, may determine the number and perimeter of the separate establishments.
In the absence of a company agreement or an agreement concluded with the social and economic committee, one of the employers mandated by the others determines the number and scope of separate establishments, taking into account the management autonomy of the head of the establishment, particularly in terms of personnel management.
In the event of a dispute concerning this decision, the number and perimeter of the separate establishments shall be determined by the administrative authority of the registered office of the undertaking which took the decision, in accordance with the conditions laid down by decree in the Conseil d’Etat. Where the referral to the administrative authority is made as part of an overall electoral process, it suspends this process until the administrative decision is taken and extends the term of office of the elected representatives until the results of the ballot are announced.
The decision of the administrative authority may be appealed to the judicial judge, to the exclusion of any other administrative or contentious appeal.