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Section 3: Provisions applicable to European Cooperative Societies not initially subject to the formation of the Special Negotiating Body

Article L2363-12 of the French Labour Code

In the case of the European Cooperative Society referred to in Article L. 2363-11, the terms of involvement referred to in Chapter I of this Title are determined under the following conditions: 1° Within the European Cooperative Society, information and consultation are governed by Titles I and II of this Book and participation is organised, where applicable, in accordance with Articles L. 225-27 to L. 225-34, L. 225-79 and L….

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Article L2363-13 of the French Labour Code

If, after registration of a European Cooperative Society, at least one third of the employees of the European Cooperative Society and of its subsidiaries and establishments, employed in at least two Member States, so request or if the threshold of fifty employees employed in at least two Member States is reached or exceeded, a special negotiating body shall be set up and negotiations shall be organised in accordance with the…

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Article L2363-14 of the French Labour Code

When, at the end of the negotiation period provided for in Article L. 2363-13, no agreement has been reached and the special negotiation body has not taken the decision provided for in the second paragraph of Article L. 2362-7, a European Cooperative Society Committee is set up, the establishment, powers and operating rules of which are determined in accordance with the provisions of Articles L. 2363-1 to L. 2363-7.

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Article L2363-15 of the French Labour Code

The members of the Committee of the European Cooperative Society representing the employees of the participating persons, establishments and subsidiaries located in France are appointed in accordance with the provisions of the first paragraph of Article L. 2352-5 or, where applicable, of Article L. 2352-6. The members of the Committee of the European Cooperative Society representing the employees of the participating persons, establishments and subsidiaries located in another Member State…

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Article L2363-16 of the French Labour Code

When, at the end of the negotiation period provided for in Article L. 2363-14, no agreement has been reached and the special negotiation body has not taken the decision provided for in the second paragraph of Article L. 2362-7, employee participation is organised in accordance with the provisions of Articles L. 2363-8 to L. 2363-10.

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Article L2363-17 of the French Labour Code

In the event of the transfer of the registered office of a European Cooperative Society governed by participation rules to another Member State of the European Community, employee participation rights are maintained at at least an equivalent level.

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