A special negotiating body shall be set up as soon as possible after the publication of the draft terms of merger or transformation or, in the case of a European Cooperative Society formed by any means other than the merger of cooperatives or the transformation of a cooperative, after the adoption of the draft terms of constitution of the European Cooperative Society. It has legal personality.
The special negotiating body shall determine with the managers of the legal entities or natural persons participating in the creation of a European Cooperative Society having its registered office and central administration in France, or their representatives, by means of a written agreement, the arrangements for the involvement of the employees referred to in Article L. 2361-3.
The provisions of articles L. 2352-3 to L. 2352-8 relating to the appointment, election and status of the members of the special negotiating body apply to the European Cooperative Society.
The managers of the legal entities and the natural persons participating in the formation of the European Cooperative Society shall invite the special negotiating body to meet and to that 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 legal entities and, where applicable, of the…
The expenses necessary for the proper performance of the task of the special negotiating body shall be borne by the participating parties.
In order to negotiate, the special negotiating body may be assisted by experts of its choice at any level it deems appropriate. These experts shall participate in the meetings of the group in an advisory capacity. All the persons participating in the formation of the European Cooperative Society shall bear the expenses relating to the negotiation and the assistance of a single expert.
The special negotiating body takes its decisions by an absolute majority of its members, who must also represent an absolute majority of the employees of the participating parties and of the subsidiaries or establishments concerned. Each member has one vote. By way of derogation from the first paragraph, the decision not to open negotiations or to close negotiations already opened and to apply the rules on information and consultation in…
Documents sent to employee representatives include at least one version in French.
The provisions of articles L. 2352-14 and L. 2352-15 relating to the protection against dismissal and to the professional secrecy of the members of the special negotiating body of the European Company apply to the European Cooperative Society.
Subject to the provisions of the second paragraph of Article L. 2362-7, the managers of each of the participating legal entities and, where applicable, the participating natural persons negotiate with the special negotiating body with a view to reaching an agreement, the content of which is determined in accordance with the provisions of Articles L. 2352-16 to L. 2352-20.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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