Subsection 3: Operation.

The managers of the companies participating in the formation of the European Company shall invite the special negotiating body to meet and to this end shall inform the staff representatives and the managers of the establishments and subsidiaries concerned, who in the absence of staff representatives shall inform the employees directly, of the identity of the participating companies and the number of employees they comprise. Negotiations begin as soon as…

Time spent in meetings by members of the Special Negotiating Body is considered as working time and paid at the normal rate.

The expenses necessary for the proper performance of the task of the special negotiating body shall be borne by the participating companies.

In order to negotiate, the special negotiating body may be assisted by experts of its choice at any level it deems appropriate. These experts participate in the meetings of the group in an advisory capacity. All participating companies shall bear the expenses relating to the negotiations and the assistance of a single expert.

The special negotiating body takes its decisions by an absolute majority of its members, which must also represent an absolute majority of the employees of the participating companies, subsidiaries and establishments concerned. By way of derogation from these provisions, the decision not to open negotiations or to close negotiations already opened and to apply the rules on information and consultation in the Member States where the European Company has employees,…

No employee may be penalised or dismissed for exercising the right provided for in Article L. 2352-13. Any decision or act to the contrary shall be null and void.

The members of the special negotiating body and the experts who assist them are bound by the professional secrecy and discretion requirements set out in Article L. 2325-5.