Article L2316-21 of the French Labour Code
The site social and economic committee may call upon an expert as provided for in sub-section 10 of section 3 of chapter V of this title when it is competent in accordance with the provisions of this code.
The site social and economic committee may call upon an expert as provided for in sub-section 10 of section 3 of chapter V of this title when it is competent in accordance with the provisions of this code.
Where it is necessary to consult both the central social and economic committee and one or more establishment social and economic committees, an agreement may define the order and deadlines in which the central social and economic committee and the establishment social and economic committee(s) give and transmit their opinions. In the absence of an agreement, the opinion of each establishment social and economic committee is issued and forwarded to…
The works social and economic committees are responsible for and supervise the management of all social and cultural activities. However, establishment social and economic committees may entrust the central social and economic committee with the management of common activities. An agreement between the employer and one or more representative employee trade union organisations in the company, concluded under the conditions provided for in the first paragraph of article L. 2232-12,…
The composition of works’ social and economic committees is identical to that of the social and economic committee provided for in Articles L. 2314-1 to L. 2314-3.
In companies with at least fifty employees, the works’ social and economic committees have legal personality.
Works councils operate in the same way as company-level works councils.
Obstructing either the setting up of a social and economic committee, an establishment social and economic committee or a central social and economic committee, or the free appointment of their members, in particular by disregarding the provisions of articles L. 2314-1 to L. 2314-9, is punishable by one year’s imprisonment and a fine of €7,500. Obstructing their regular operation is punishable by a fine of €7,500.
In the absence of an agreement as provided for in Article L. 2312-19, the failure, in a company with at least three hundred employees or in a separate establishment with at least three hundred employees, to draw up and submit annually to the social and economic committee the company or establishment social balance sheet as provided for in Article L. 2312-14 is punishable by a fine of €7,500.
The Works Council exercises all the powers defined in Chapter II of Title I of this Book and has sole authority to negotiate, conclude and revise company or establishment agreements. Its operating procedures are those defined in Chapter V of Title I of this book.
The works council may be set up by a company agreement concluded under the conditions set out in the first paragraph of article L. 2232-12. This agreement is for an indefinite period. It may also be set up by an industry-wide agreement for companies without a trade union representative. The agreement specifies the terms and conditions under which negotiations take place at establishment level.
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is a Registered Trademark of
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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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