Call Us + 33 1 84 88 31 00

Article L2353-29 of the French Labour Code

If only one form of participation exists within the participating companies, this system shall be applied to the European Company, taking into account the proportion or, as the case may be, the highest number of members concerned by participation rights in the administrative or supervisory body. If several forms of participation exist within the participating companies, the Special Negotiation Body shall determine which of these forms shall be introduced in…

Read More »

Article L2353-30 of the French Labour Code

In the absence of an agreement by the special negotiating body on the choice of the form of participation, the directors determine the form of participation applicable. The applicable system is always based on the highest proportion or number of members of the administrative or supervisory body concerned by the participation rights.

Read More »

Article L2353-31 of the French Labour Code

Where the applicable form of participation consists of recommending or opposing the appointment of members of the board of directors or supervisory board, the European Company Committee shall determine the conditions under which this form of participation is exercised. Where the form of participation chosen consists of the election of members of the board of directors or, where applicable, the supervisory board, the procedure is conducted in accordance with the…

Read More »

Article L2353-32 of the French Labour Code

Once the number of seats on the management body concerned has been determined under the conditions set out in Article L. 2353-31, the European Company Committee shall ensure that they are allocated in proportion to the number of employees of the European Company employed in each Member State. By way of derogation from these provisions, the committee shall ensure, as far as possible, that each Member State which had a…

Read More »

Article L2354-1 of the French Labour Code

When a European Company is registered, the agreement referred to in Article L. 2352-16 or a collective agreement concluded at the appropriate level may decide to abolish or to adjust the operating conditions, possibly in the form of a redefinition of their national scope of intervention, of the employee representative bodies which would disappear as a result of the loss of legal autonomy of one or more participating companies located…

Read More »

Article L2354-2 of the French Labour Code

Four years after the establishment of the European Company Committee, the latter shall examine whether it is appropriate to enter into negotiations with a view to concluding the agreement under the conditions defined in Chapter II. To this end, the manager of the European Company shall convene a meeting of the Committee within six months of the end of the four-year period. To conduct these negotiations, the Committee acts as…

Read More »

Article L2354-3 of the French Labour Code

When the special negotiation body has taken the decision provided for in Article L. 2352-13, it shall be convened by the manager of the European Company at the written request of at least 10% of the employees of the European Company, its subsidiaries and establishments or their representatives, at the earliest two years after the date of this decision, unless the parties agree to reopen negotiations sooner. If negotiations fail,…

Read More »

Article L2354-4 of the French Labour Code

If, after the registration of the European Company, changes occur in the structure of the company, the location of its registered office or the number of employees it employs, which are likely to substantially affect the composition of the European Company Works Council or the arrangements for employee involvement as defined by the agreement resulting from negotiations initiated prior to the registration of the European Company or in application of…

Read More »

Article L2355-1 of the French Labour Code

Obstructing either the setting up of a special negotiating body or a European Company committee, whether or not set up by agreement, or the free appointment of their members, 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.

Read More »

Article L2361-1 of the French Labour Code

This Title applies to: 1° European Cooperative Societies constituted in accordance with Council Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society and having their registered office and head office in France; 2° Legal persons having their registered office in France and natural persons resident in France who participate in the formation of a European Cooperative Society; 3° Subsidiaries and establishments located in…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.