In the absence of an agreement by the special negotiation body on the choice of the form of employee participation, the directors of the companies participating in the cross-border operation determine the form of participation applicable. The applicable system is always based on the highest proportion or number of members of the administrative or supervisory body concerned by employee participation rights.
Where the applicable form of employee participation consists of recommending or opposing the appointment of members of the administrative or supervisory body, the company committee determines the conditions under which this form of employee participation is exercised. Where the chosen form of employee participation is election, the procedure is carried out in accordance with Articles L. 225-28 to L. 225-34 and L. 225-80 of the Commercial Code, with the exception…
Once the number of seats on the administrative or supervisory body has been determined under the conditions provided for in Article L. 2373-7, the committee of the company resulting from the cross-border operation shall ensure that they are allocated in proportion to the number of employees of the company employed in each Member State of the European Union. By way of derogation from the first paragraph, the committee shall, as…
When a company resulting from a cross-border merger is registered, the agreement referred to in Article L. 2372-6 or a collective agreement concluded at the appropriate level may decide to abolish or to adjust the operating conditions, possibly in the form of a redefinition of their national scope of operation, of the staff representative bodies which would disappear as a result of the loss of the legal autonomy of one…
Where an employee participation system exists in the company resulting from the cross-border operation, that company shall be required, for a period of four years after the cross-border operation, to take the measures necessary to protect employee participation in the event of subsequent national operations in accordance with the rules laid down in this Title.
The employees’ representatives sitting on the administrative or supervisory body, or participating in the general meeting or in the section or branch meetings of the company resulting from the cross-border operation, are bound by the professional secrecy and obligation of discretion provided for in Article L. 2315-3.
Employee representatives sitting on the administrative or supervisory body, or participating in the general meeting or in the section or branch meetings of the company resulting from the cross-border operation, benefit from the protection instituted by Article L. 2411-1.
Obstructing either the establishment of a special negotiating body or a committee of the company resulting from the cross-border merger, whether or not set up by agreement, or the free appointment of their members, 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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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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