A company resulting from a cross-border merger is not required to introduce rules on employee profit-sharing if, on the date of its registration, none of the companies involved in the merger is governed by such rules.
The terms and conditions of employee participation, within the meaning of Article L. 2351-6, shall be determined by agreement between the management of the companies involved in the cross-border operation and the employee representatives in accordance with this Chapter and Chapter II of this Title. Failing agreement, these terms and conditions shall be determined in accordance with Chapter III of this Title. By way of derogation from the first paragraph,…
The employee participation rules applicable prior to the cross-border transaction shall continue to apply until the date of application of any rules agreed subsequently or, in the absence of agreement, until the application of the provisions of Chapter III of this Title.
The workforce of the participating companies, subsidiaries or establishments concerned located in France is counted in accordance with Article L. 1111-2.
The provisions for the application of this Title relating to the procedure applicable to disputes and the information sent to the labour inspectorate in the event of the formation of the company resulting from the cross-border operation are determined by decree in the Conseil d’Etat.
Employee participation is implemented in accordance with Articles L. 225-28 to L. 225-56 and L. 225-79 to L. 225-93, L. 22-10-8 to L. 22-10-17 and L. 22-10-23 to L. 22-10-30 of the French Commercial Code. Notwithstanding the first paragraph, a special negotiation body with legal personality shall be set up as soon as possible after publication of the proposed cross-border transaction if one of the following conditions is met: 1°…
The special negotiating body shall determine with the managers of the companies involved in the cross-border operation or their representatives, by means of a written agreement, the terms and conditions of employee participation in the company resulting from the operation.
The provisions of articles L. 2352-3 to L. 2352-8, relating to the appointment, election and status of the members of the special negotiating body in the European Company, apply to the company resulting from a cross-border operation.
The special negotiating body takes its decisions by an absolute majority of its members, who must also represent an absolute majority of the employees of the participating companies, subsidiaries and establishments concerned. Each member has one vote. By way of derogation from the first paragraph, in the event of a cross-border merger, the decision not to enter into negotiations or to terminate negotiations already entered into and to rely on…
No employee may be penalised or dismissed for taking part in the taking of a decision pursuant to Article L. 2372-4. Any decision or act contrary to this prohibition is automatically null and void. The other operating procedures of the special negotiating body are governed by articles L. 2352-9 to L. 2352-12 and L. 2352-15.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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