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Article L2343-15 of the French Labour Code

The employer shall allow the secretary and the officers of the European Works Council the time necessary to carry out their duties up to a limit which, save in exceptional circumstances, may not exceed one hundred and twenty hours per year for each of them. This time is considered as working time and is paid at the normal rate. The time spent by the secretary and the members of the…

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Article L2343-18 of the French Labour Code

Four years after the establishment of the European Works Council in the cases provided for in Article L. 2343-1, the European Works Council shall examine whether it should be renewed or whether negotiations should be undertaken with a view to concluding the agreement referred to in Articles L. 2342-2 and L. 2342-9. In the latter case, the members of the committee form the special negotiation group authorised to conclude the…

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Article L2343-19 of the French Labour Code

Where a group of undertakings has set up a European Works Council, the agreement referred to in Article L. 2342-2 or an agreement reached within the group may decide to adapt the conditions under which the Group Works Council operates. The agreement will only come into force if the Group Works Council votes in favour.

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Article L2344-1 of the French Labour Code

The number of seats on the Special Negotiating Body and on the European Works Council set up in the absence of an agreement, as well as the minimum and maximum number of employee representatives on the European Works Council set up under the same conditions, are set by decree by the Conseil d’Etat. The employer and the employee representatives may decide to involve representatives of employees employed in States other…

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Article L2344-2 of the French Labour Code

The members of the special negotiating body and the employee representatives of establishments or undertakings located in France on the European works council are appointed by the employee trade union organisations from among their elected representatives on the social and economic committees or their trade union representatives in the undertaking or group, on the basis of the results of the most recent elections. The same applies to employee representatives of…

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Article L2344-3 of the French Labour Code

For establishments or undertakings located in France, the seats are distributed between the colleges in proportion to the numerical importance of each of them. 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, in accordance with the rule of proportional representation with the largest remainder.

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Article L2344-4 of the French Labour Code

For establishments or undertakings located in one of the States mentioned in Article L. 2341-1, other than France, the members of the special negotiating body and the employee representatives on the European Works Council, set up in application of Article L. 2343-1, are elected or appointed in accordance with the rules or practices in force in these States.

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Article L2344-5 of the French Labour Code

In the case of a Community-scale undertaking or group of undertakings whose registered office or that of the dominant undertaking is located in France, where there is no trade union organisation, the staff representatives on the special negotiating body or the European social and economic committee are elected directly in accordance with the rules applicable to the social and economic committee.

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