Chapter IV: Provisions common to the special negotiating body and the committee set up in the absence of an agreement

The members of the special negotiating body and the employee representatives of establishments or undertakings located in France on the European works council are appointed by the employee trade union organisations from among their elected representatives on the social and economic committees or their trade union representatives in the undertaking or group, on the basis of the results of the most recent elections. The same applies to employee representatives of…

For establishments or undertakings located in France, the seats are distributed between the colleges in proportion to the numerical importance of each of them. The seats allocated to each college are distributed between the trade union organisations in proportion to the number of elected representatives they have obtained in these colleges, in accordance with the rule of proportional representation with the largest remainder.

For establishments or undertakings located in one of the States mentioned in Article L. 2341-1, other than France, the members of the special negotiating body and the employee representatives on the European Works Council, set up in application of Article L. 2343-1, are elected or appointed in accordance with the rules or practices in force in these States.

In the case of a Community-scale undertaking or group of undertakings whose registered office or that of the dominant undertaking is located in France, where there is no trade union organisation, the staff representatives on the special negotiating body or the European social and economic committee are elected directly in accordance with the rules applicable to the social and economic committee.

For a Community-scale undertaking or group of undertakings required to set up a European Works Council or an information and consultation procedure in one of the States other than France mentioned in Article L. 2341-1, the provisions of Article L. 2344-5 apply, where there is no trade union organisation, to the establishment or undertaking in France with at least fifty employees.

Disputes relating to the appointment of members of the special negotiating body and representatives on the European works council of employees of establishments or undertakings located in France shall be brought before the courts.

The members of the special negotiating body and the members of the European works council set up under the provisions of article L. 2343-1, as well as the experts who assist them, are bound : 1° to professional secrecy for all matters relating to manufacturing processes ; 2° To an obligation of discretion with regard to information of a confidential nature and given as such by the employer.

The members of the special negotiating body and of the European works council set up in the absence of an agreement benefit, without loss of salary, from the training necessary for the exercise of their mandate.