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Title VI: Employee involvement in the European Cooperative Society and the Committee of the European Cooperative Society

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…

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Article L2361-2 of the French Labour Code

When a European Cooperative Society mentioned in article L. 2361-1 is a Community-scale undertaking or a Community-scale group of undertakings within the meaning of article L. 2341-2, title IV of this book relating to the European Works Council or to the information and consultation procedure in Community-scale undertakings is applicable neither to the European Cooperative Society nor to its subsidiaries. By way of derogation from the first paragraph, when the…

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Article L2361-3 of the French Labour Code

The procedures for employee involvement cover information, consultation and, where appropriate, participation. They are determined by agreement between the directors of the participating legal entities or the participating natural persons and the employee representatives in accordance with the provisions of this Title. In the absence of an agreement, these arrangements are determined in accordance with the provisions of Chapter III of this Title.

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Article L2361-4 of the French Labour Code

The provisions of Articles L. 2351-4 to L. 2351-6 relating to the definition of information, consultation and participation of employees in the European Company and the Committee of the European Company are applicable to European Cooperative Societies and to participating legal entities and natural persons as well as to their subsidiaries or establishments falling within the scope of this Title.

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Article L2361-6 of the French Labour Code

The provisions for the application of this Title relating to the procedure applicable to disputes and to the information sent to the Labour Inspectorate in the event of the formation of the European Cooperative Society by merger are determined by decree in the Conseil d’Etat.

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Article L2362-1 of the French Labour Code

A special negotiating body shall be set up as soon as possible after the publication of the draft terms of merger or transformation or, in the case of a European Cooperative Society formed by any means other than the merger of cooperatives or the transformation of a cooperative, after the adoption of the draft terms of constitution of the European Cooperative Society. It has legal personality.

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Article L2362-2 of the French Labour Code

The special negotiating body shall determine with the managers of the legal entities or natural persons participating in the creation of a European Cooperative Society having its registered office and central administration in France, or their representatives, by means of a written agreement, the arrangements for the involvement of the employees referred to in Article L. 2361-3.

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Article L2362-4 of the French Labour Code

The managers of the legal entities and the natural persons participating in the formation of the European Cooperative Society shall invite the special negotiating body to meet and to that end shall inform the staff representatives and the managers of the establishments and subsidiaries concerned who, in the absence of staff representatives, shall inform the employees directly, of the identity of the participating legal entities and, where applicable, of the…

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