Part Two: Collective labour relations

The provisions of this Title apply to 1° European Companies with registered offices in France incorporated in accordance with Council Regulation (EC) n° 2157/2001 of 8 October 2001 on the Statute for a European Company (SE); 2° Companies participating in the formation of a European Company and having their registered office in France; 3° Subsidiaries and establishments located in France of a European Company located in another Member State of…

When a European Company mentioned in Article L. 2351-1 is a Community-scale undertaking or a Community-scale group of undertakings within the meaning of Article L. 2341-2, the provisions of Title IV relating to the European Works Council or to the information and consultation procedure in Community-scale undertakings do not apply either to the European Company or to its subsidiaries.

The arrangements for employee involvement in the European Company shall cover information, consultation and, where appropriate, participation. They shall be determined by agreement between the management of the participating companies and the employee representatives in accordance with the provisions of this Title. In the absence of an agreement, these arrangements shall be determined in accordance with the provisions of Chapter III.

Information shall mean information provided by the management body of the European Company to the body representing the employees on matters which either concern the European Company itself and any subsidiary or any establishment situated in another Member State, or which exceed the powers of the decision-making bodies situated in a Member State. This information shall be provided in such a way as to enable the employees’ representatives to assess…

Consultation means the establishment of a dialogue and an exchange of views between the body representing the employees or the employees’ representatives and the competent body of the European Company in such a way as to enable the employees’ representatives, on the basis of the information provided, to express an opinion on the measures envisaged by the competent body. This opinion may be taken into account in the decision-making process…

Participation means the influence exercised by the body representing the employees or by the employees’ representatives on the affairs of a company in the following ways: – either by exercising their right to elect or appoint certain members of the company’s supervisory or administrative body ; – by exercising their right to recommend or oppose the appointment of some or all of the members of the company’s supervisory or administrative…

The number of employees of the participating companies, subsidiaries or establishments concerned located in France is calculated in accordance with the provisions of article L. 1111-2.