By way of derogation from article L. 2312-14, an employer who launches a public takeover bid for the capital of a company is not required to consult the social and economic committee prior to such launch. However, the employer must convene a meeting of the social and economic committee within two working days of the publication of the offer, or of the announcement of the offer in the case provided…
If the takeover bid is made by a company that does not have a social and economic committee, the employer informs the employees directly. Similarly, if there is no social and economic committee in the company which is the subject of the bid, the employer of that company shall inform the employees directly. In this case, within three days of publication of the offer document referred to in III of…
If, following the public offer, the bidder has acquired control of the company which is the subject of the offer within the meaning of Articles L. 233-1, L. 233-3 and L. 233-16 of the Commercial Code, it shall report to the social and economic committee of that company, during the sixth, twelfth and twenty-fourth months following the close of the bid, on the manner in which it has implemented the…
Articles L. 2312-45 to L. 2312-51 of this Code do not apply to the offers referred to in Articles L. 225-207 and L. 22-10-62 of the French Commercial Code or when the company is the subject of a public offer initiated by entities, acting alone or in concert within the meaning of Article L. 233-10 of the same Code, holding more than half of the capital or voting rights of…
The social and economic committee is informed and consulted : 1° Before an application to open receivership or compulsory liquidation proceedings is filed with the company registry; 2° During safeguard proceedings, in the situations provided for in articles L. 623-3 and L. 626-8 of the French Commercial Code; 3° During receivership proceedings, in the situations and under the conditions set out in Articles L. 631-17, L. 631-18, L. 631-19 and…
The person or persons designated by the social and economic committee, in accordance with the provisions of article L. 661-10 of the French Commercial Code, shall be heard by the competent court: 1° During safeguard proceedings in the situations provided for in articles L. 621-1, L. 622-10, L. 626-9 and L. 626-26 of the French Commercial Code; 2° During receivership proceedings in the situations and under the conditions provided for…
A company agreement, concluded under the conditions provided for in the first paragraph of article L. 2232-12 or, in the absence of a trade union delegate, an agreement between the employer and the social and economic committee, adopted by a majority of the full members of the committee’s staff delegation may define: 1° The content of the ad hoc consultations and information of the social and economic committee provided for…
A group agreement may provide that the specific consultations and information mentioned in Articles L. 2312-8 and L. 2312-37 are carried out at group works council level. It sets out the procedures for forwarding the opinion of the group works council: 1° To each social and economic committee of the companies in the group, which remains consulted on the consequences of the projects on the company; 2° To the body…
In the absence of an agreement, one month after each election of the social and economic committee, the employer provides it with economic and financial documentation specifying: 1° The legal form of the company and its organisation; 2° The company’s economic prospects as they may be envisaged; 3° Where applicable, the company’s position within the group; 4° Taking into account the information available to the employer, the breakdown of capital…
In the absence of an agreement, when the proposed restructuring and downsizing submitted to the Social and Economic Committee is likely to affect the volume of activity or employment of a subcontracting company, the ordering company immediately informs the subcontracting company. The social and economic committee of the subcontracting company is immediately informed and receives any useful explanations on the likely development of activity and employment.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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