For a Community-scale undertaking or group of undertakings required to set up a European Works Council or an information and consultation procedure in one of the States other than France mentioned in Article L. 2341-1, the provisions of Article L. 2344-5 apply, where there is no trade union organisation, to the establishment or undertaking in France with at least fifty employees.
Disputes relating to the appointment of members of the special negotiating body and representatives on the European works council of employees of establishments or undertakings located in France shall be brought before the courts.
The members of the special negotiating body and the members of the European works council set up under the provisions of article L. 2343-1, as well as the experts who assist them, are bound : 1° to professional secrecy for all matters relating to manufacturing processes ; 2° To an obligation of discretion with regard to information of a confidential nature and given as such by the employer.
The members of the special negotiating body and of the European works council set up in the absence of an agreement benefit, without loss of salary, from the training necessary for the exercise of their mandate.
When, as a result of a reduction in the workforce, the Community-scale undertaking or group of undertakings no longer meets the threshold conditions mentioned in Article L. 2341-1, the European Works Council, whether or not it has been set up by agreement, may be abolished by agreement. In the absence of an agreement, the administrative authority may authorise the abolition of the committee in the event of a significant and…
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 abolish the Group Works Council. The entry into force of the agreement is subject to a favourable vote by the Group Works Council. If the Group Works Council is abolished, the provisions of articles L. 2332-1, L. 2332-2 and L….
Obstructing either the setting up of a special negotiating body, a European works council or the implementation of an information and consultation procedure, or the free appointment of their members, in particular by disregarding articles L. 2342-1 to L. 2342-7 and L. 2343-1, 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.
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75001, Paris France
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is a Registered Trademark of
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75001, Paris France
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