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Chapter III: European Company Committee and employee participation in the absence of an agreement

Article L2353-1 of the French Labour Code

A European Company Committee is set up when, at the end of the negotiation period provided for in Article L. 2352-9, no agreement has been reached and the special negotiating body has not taken the decision referred to in Article L. 2352-13.

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Article L2353-2 of the French Labour Code

In the case provided for in Article L. 2353-1, the European Company may only be registered if the parties decide to apply the provisions of this Chapter and Chapter IV or if the directors of the participating companies undertake to apply them.

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Article L2353-3 of the French Labour Code

The competence of the Committee of the European Company shall be limited to matters concerning the European Company itself or any subsidiary or any establishment situated in another Member State, or exceeding the powers of the decision-making bodies in a single Member State.

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Article L2353-4 of the French Labour Code

The European Company Committee meets at least once a year. The annual meeting focuses in particular on 1° The economic and financial situation of the European Company, its subsidiaries and establishments; 2° The likely development of the business; 3° Production and sales; 4° The employment situation and probable trends; 5° Investments ; 6° Substantial changes in organisation, the introduction of new working methods or new production processes; 7° Transfers of…

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Article L2353-5 of the French Labour Code

When exceptional circumstances arise which considerably affect the interests of the employees, in particular in the event of relocation, closure of an undertaking or establishment or collective redundancies, the European Company Committee or, if it so decides, the Board, shall be convened as of right, if it so requests, by the manager of the European Company in order to be informed and consulted on the measures considerably affecting the interests…

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Article L2353-6 of the French Labour Code

The manager of the European Company who decides to launch a takeover bid for a company may inform the European Company Committee only after the bid has been made public. In this case, he should convene a meeting of the committee within eight days of the publication of the bid to provide it with precise written information on the content of the bid and its likely impact on employment.

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Article L2353-7 of the French Labour Code

The European Company Committee is made up of : 1° The manager of the European Company or his representative, assisted by two employees of his choice in an advisory capacity; 2° Staff representatives from the participating companies, subsidiaries and establishments concerned, appointed in accordance with article L. 2353-9.

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Article L2353-9 of the French Labour Code

The members of the European Company Committee representing the staff of the participating companies, subsidiaries and establishments concerned located in France and belonging to a European Company whose registered office is located in France are appointed in accordance with the provisions of Article L. 2352-5.

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Article L2353-10 of the French Labour Code

Where there is no trade union organisation in the European Company whose registered office is in France, employee representatives on the European Company Works Council are elected directly in accordance with the rules applicable to the Social and Economic Committee. The same applies when there is no trade union organisation in the establishment or company located in France and belonging to a European Company.

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