Title IV: European Works Council or information and consultation procedure in Community-scale undertakings

The head of the Community-scale undertaking or dominant undertaking of the Community-scale group of undertakings shall set up a special negotiating body made up of representatives of all the employees, in accordance with the provisions of Article L. 2344-1, with a view to concluding an agreement intended to implement the employees’ right to information and consultation at European level.

The special negotiating body shall determine with the employer, by written agreement, on the one hand the undertakings or establishments concerned, and on the other hand either the composition, powers and term of office of the European works council(s), or the arrangements for implementing an information and consultation procedure.

The employer initiates the procedure for setting up the special negotiating body when the workforce referred to in article L. 2341-1 is reached on average over the previous two years. The number of employees is calculated in accordance with the provisions of article L. 1111-2 for companies or establishments located in France and in accordance with national law in other countries. The persons responsible for obtaining and transmitting to the…

If the employer fails to take the initiative, the procedure for setting up the special negotiating body shall be initiated at the written request of one hundred employees or their representatives, from at least two undertakings or establishments located in at least two different States referred to in Article L. 2341-1. No employee may be penalised or dismissed for exercising this right of initiative. Any decision or act to the…

The head of the undertaking or the head of the dominant undertaking in the Community-scale group of undertakings shall invite and convene the special negotiating body to a meeting. He shall inform the heads of the establishments of the undertaking or the heads of the undertakings of the Community-scale group of undertakings and the European organisations of employees and employers consulted by the European Commission of the composition of the…

The time spent in meetings by the members of the special negotiating body is considered as working time and is 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 company or the dominant company in the group of companies.

In order to negotiate, the special negotiating body may be assisted by experts of its choice, including representatives of the European employees’ organisations referred to in Article L. 2342-5. The experts and representatives of the aforementioned organisations may, at the request of the Special Negotiating Body, attend the negotiation meetings in an advisory capacity. The dominant undertaking or undertaking in the Community-scale group of undertakings shall bear the costs relating…

The decision to conclude an agreement shall be taken by the special negotiating body by a majority of its members. The group may decide, by at least two-thirds of the votes cast, not to open negotiations or to terminate negotiations already in progress. In this case, a new request to set up a special negotiating body may not be made until two years after this decision, unless the parties concerned…