In the event of a dispute arising from the application of Articles L. 2331-1, L. 2331-2 and L. 2331-6, the social and economic committee or the representative trade union organisations in the company in question or in a company in the group may bring the dispute before the court at the registered office of the dominant company.
The undertakings referred to in points a and c of paragraph 5 of Article 3 of Council Regulation (EC) No 139/2004 of 20 January 2004 on concentrations shall not be regarded as dominant undertakings.
Banking networks with a central body, within the meaning of Articles L. 511-30 and L. 511-31 of the Monetary and Financial Code relating to the activity and control of credit institutions, constitute a group works council when this central body is not a public institution. For the purposes of this Title, the central body is considered to be the dominant undertaking.
The provisions of this Title apply regardless of the number of employees.
The Group Works Council receives information on the activity, financial situation, annual or multi-annual employment trends and forecasts, and any preventive measures envisaged in the light of these forecasts, in the Group and in each of the undertakings making up the Group. Where they exist, it receives the consolidated accounts and balance sheet, as well as the corresponding auditor’s report. In these areas, it is informed of the Group’s economic…
In the event of a takeover bid being announced for the dominant undertaking in a group, the employer of that undertaking shall immediately inform the group works council. The provisions set out in articles L. 2323-35 to L. 2323-39 for the social and economic committee are then applied at group committee level. Compliance with these provisions waives the obligations set out in articles L. 2323-26 to L. 2323-44 for the…
The Group Works Council is made up of the head of the parent company, assisted by two persons of his or her choice in an advisory capacity, and staff representatives from the companies making up the group. The maximum number of staff representatives on the Group Works Council is determined by decree of the Conseil d’Etat.
Staff representatives are appointed by the employee trade unions from among their elected representatives on the social and economic committees of all the companies in the group, based on the results of the most recent elections.
Staff representatives are appointed to group committees every four years. However, a branch agreement, a group agreement or a company agreement, as the case may be, may set the term of office of staff representatives on group committees at between two and four years.
The total number of seats on the Group Works Council is divided between the elected representatives of the various electoral colleges in proportion to the numerical strength of each college. The seats allocated to each college are distributed between the trade union organisations in proportion to the number of elected representatives they have obtained in these colleges, according to the rule of proportional representation with the highest remainder. Where, for…
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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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