Within ten days of the opening judgment, the legal representative of the debtor legal entity or the individual debtor, assisted by the administrator if one has been appointed, convenes the social and economic committee or, failing this, the employees. The employees then elect their representative by secret ballot in a single-round uninominal ballot.
The minutes of the appointment of the employees’ representative, or the minutes of the failure to act drawn up under the conditions of the second paragraph of article L. 621-4, is immediately filed with the court registry.