Article L2352-10 of the French Labour Code
November 7, 2023
Time spent in meetings by members of the Special Negotiating Body is considered as working time and paid at the normal rate.
Time spent in meetings by members of the Special Negotiating Body is considered as working time and paid at the normal rate.
The expenses necessary for the proper performance of the task of the special negotiating body shall be borne by the participating companies.
In order to negotiate, the special negotiating body may be assisted by experts of its choice at any level it deems appropriate. These experts participate in the meetings of the group in an advisory capacity. All participating companies shall bear the expenses relating to the negotiations and the assistance of a single expert.
The special negotiating body takes its decisions by an absolute majority of its members, which must also represent an absolute majority of the employees of the participating companies, subsidiaries and establishments concerned. By way of derogation from these provisions, the decision not to open negotiations or to close negotiations already opened and to apply the rules on information and consultation in the Member States where the European Company has employees,…
No employee may be penalised or dismissed for exercising the right provided for in Article L. 2352-13. Any decision or act to the contrary shall be null and void.
The members of the special negotiating body and the experts who assist them are bound by the professional secrecy and discretion requirements set out in Article L. 2325-5.
Subject to the provisions of the second paragraph of Article L. 2352-13, the managers of each of the participating companies and the special negotiating body negotiate with a view to reaching an agreement which determines : 1° The participating companies, establishments and subsidiaries concerned by the agreement ; 2° The composition, number of members and allocation of seats of the representative body which is the interlocutor of the management body…
If, in the course of negotiations, the parties decide to lay down participation arrangements, the agreement shall determine the content of these arrangements including, where applicable, the number of members of the administrative or supervisory body of the European Company which the employees are entitled to elect, appoint, recommend or oppose, the procedures to be followed for the employees to elect, appoint, recommend or oppose the appointment of these members,…
Where the European Company is formed by transformation, the agreement provides for a level of information, consultation and participation at least equivalent to that existing in the company which is to be transformed into a European Company.
Where several forms of participation exist within the participating companies, the special negotiating body which decides to implement the participation arrangements provided for in Article L. 2352-17 first chooses, under the conditions provided for in Article L. 2352-13, which of these forms is to be applied within the European Company.
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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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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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