When the statutory auditor of the social and economic committee, in the course of carrying out his duties, identifies facts likely to jeopardise the continued operation of the social and economic committee, he shall inform the secretary and the chairman of the social and economic committee, in accordance with the conditions laid down by decree in the Conseil d’Etat.
If the secretary of the Social and Economic Committee fails to respond within a period set by decree in the Conseil d’Etat, or if this response does not enable the secretary to be assured of the continued operation of the Social and Economic Committee, the statutory auditor will draw up a special report and will invite the employer, in a written document, a copy of which will be sent to the president of the competent court and to the members of the Social and Economic Committee, to convene a meeting of the committee so that the committee can discuss the matters raised. The statutory auditor is summoned to this meeting, which is held in accordance with the conditions and deadlines set by decree in the Conseil d’Etat.
In the absence of a meeting of the social and economic committee within the period provided for in the second paragraph of this article, in the absence of a notice to attend by the statutory auditor or if, at the end of the meeting of the social and economic committee, the statutory auditor finds that the decisions taken do not enable the company to continue as a going concern, he shall inform the President of the Tribunal Judiciaire of the steps he has taken and communicate the results to him. Article L. 611-2 I of the Commercial Code applies, under the same conditions, to the Social and Economic Committee. For the application of this article, the President of the Tribunal Judiciaire has jurisdiction and exercises the same powers as those attributed to the President of the Tribunal de Commerce.
Within six months of the warning procedure being triggered, the statutory auditor may resume the procedure at the point at which he considered it could be terminated if, despite the information on which his assessment was based, the continued operation of the social and economic committee is still in jeopardy and immediate action is required as a matter of urgency.
This article does not apply where conciliation or safeguard proceedings have been initiated by the debtor pursuant to articles L. 611-6 or L. 620-1 of the French Commercial Code.