Subsection 3: Negotiation procedures in undertakings without a trade union delegate or works council

Employees who, by virtue of the powers they hold, can be assimilated to the employer, as well as employees related to the employer mentioned in the first paragraph of Article L. 2314-19, may not be appointed as representatives.

Negotiations between the employer and the members of the staff delegation of the social and economic committee, with or without mandate, or the employees of the company with mandate, take place in compliance with the following rules: 1° Independence of the negotiators vis-à-vis the employer ; 2° Joint preparation of the draft agreement by the negotiators; 3° Consultation with employees; 4° Ability to contact representative trade union organisations in the…

Company or establishment agreements concluded in accordance with the procedures set out in paragraphs 1 to 3 of this sub-section may not come into force until they have been filed with the administrative authority in accordance with the conditions laid down by regulation.

For the purposes of this sub-section, the number of employees is calculated in accordance with the procedures defined in articles L. 1111-2 and L. 1251-54.