Article L2362-5 of the French Labour Code
November 7, 2023
The expenses necessary for the proper performance of the task of the special negotiating body shall be borne by the participating parties.
The expenses necessary for the proper performance of the task of the special negotiating body shall be borne by the participating parties.
In order to negotiate, the special negotiating body may be assisted by experts of its choice at any level it deems appropriate. These experts shall participate in the meetings of the group in an advisory capacity. All the persons participating in the formation of the European Cooperative Society shall bear the expenses relating to the negotiation and the assistance of a single expert.
The special negotiating body takes its decisions by an absolute majority of its members, who must also represent an absolute majority of the employees of the participating parties and of the subsidiaries or establishments concerned. Each member has one vote. By way of derogation from the first paragraph, the decision not to open negotiations or to close negotiations already opened and to apply the rules on information and consultation in…
Documents sent to employee representatives include at least one version in French.
The provisions of articles L. 2352-14 and L. 2352-15 relating to the protection against dismissal and to the professional secrecy of the members of the special negotiating body of the European Company apply to the European Cooperative Society.
Subject to the provisions of the second paragraph of Article L. 2362-7, the managers of each of the participating legal entities and, where applicable, the participating natural persons negotiate with the special negotiating body with a view to reaching an agreement, the content of which is determined in accordance with the provisions of Articles L. 2352-16 to L. 2352-20.
The agreement includes in the cases of renegotiation the hypothesis of changes occurring after the incorporation of the European Cooperative Society and affecting its structure, as well as that of its subsidiaries and establishments.
Where the European Cooperative Society is formed by the transformation of a cooperative, the agreement shall provide for a level of information, consultation and participation at least equivalent to that existing in the cooperative which is to be transformed. An agreement concluded in breach of the provisions of the first paragraph shall be null and void. In such a case, the provisions of Chapter III of this Title relating to…
A European Cooperative Society Committee is set up when, at the end of the negotiation period provided for in Article L. 2362-4, no agreement has been reached and the special negotiation body has not taken the decision provided for in the second paragraph of Article L. 2362-7.
In the case provided for in Article L. 2363-1, the registration of the European Cooperative Society may only take place if the parties decide to implement the provisions of this Chapter and of Chapter IV of this Title, or if the directors of the participating legal entities or the participating natural persons undertake to implement them.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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