Chapter III: Criminal provisions.

Any refusal by an employer to enter into negotiations with a view to concluding an agreement defining the terms and conditions for exercising employees’ right of expression, as provided for in article L. 2281-5, is punishable by one year’s imprisonment and a fine of 3,750 euros.

In companies and organisations where no trade union delegate has been appointed or where the agreement defining the procedures for exercising employees’ right of expression, as provided for in article L. 2281-5, has not been concluded, refusal to consult the social and economic committee is punishable by one year’s imprisonment and a fine of 3,750 euros.