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.
A special negotiating body is set up as soon as possible after the publication of the draft terms of merger or the draft terms of incorporation of the holding company or after the adoption of the draft terms of incorporation of a subsidiary or the draft terms of conversion into a European Company. It has legal personality.
The Special Negotiation Body shall determine with the managers of the companies participating in the creation of the European Company or their representatives, by means of a written agreement, the arrangements for employee involvement within the European Company referred to in Article L. 2351-3.
Seats on the special negotiating body are allocated between the Member States in proportion to the number of employees in each of these States in relation to the workforce of the participating companies and subsidiaries or establishments concerned in all the Member States. Their number is fixed by decree of the Conseil d’Etat. Following the distribution thus made, the number of employees that each member of the special negotiating body…
Where a European Company is formed by means of a merger and at least one participating company loses its own legal existence and is not directly represented by a member of the special negotiating body, the latter shall include, in addition to the seats allocated in accordance with article L. 2352-3, one or more additional seats. However, regardless of the number of companies involved, the number of additional members may…
The members of the special negotiating body are appointed by the employee trade union organisations from among their elected representatives on the social and economic committees or their trade union representatives, on the basis of the results of the most recent elections. The same applies to the employee representatives of the participating companies, subsidiaries or establishments concerned located in France and belonging to a European Company located in a State…
Where there is no trade union organisation in the European Company whose registered office is in France, employee representatives on the special negotiating body are elected directly in accordance with the rules applicable to the social and economic committee. The same applies when there is no trade union organisation in the establishment or company based in France and belonging to a European Company.
If substantial changes occur during the negotiations, in particular a transfer of seat, a change in the composition of the European Company or a change in the workforce likely to lead to a change in the distribution of seats of one or more Member States within the special negotiating body, the composition of the latter shall be modified accordingly.
Disputes relating to the appointment of the members of the special negotiating body and the employee representatives on the committee of the European Company whose registered office is in France, as well as the employees of the participating companies, establishments or subsidiaries located in France, shall be brought before the courts.
The managers of the companies participating in the formation of the European Company shall invite the special negotiating body to meet and to this end shall inform the staff representatives and the managers of the establishments and subsidiaries concerned, who in the absence of staff representatives shall inform the employees directly, of the identity of the participating companies and the number of employees they comprise. Negotiations begin as soon as…
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is a Registered Trademark of
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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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