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Chapter II: Involvement of employees in the European Cooperative Society by agreement of the special negotiating body.

Article D2362-1 of the French Labour Code

Within one month of the publication of the draft constitution of a European Cooperative Society, the directors of the legal entities or natural persons participating in the creation of a European Cooperative Society shall inform their trade union organisations, those of their subsidiaries and establishments which have representatives or elected representatives within the meaning of the first paragraph of article L. 2362-3 insofar as it refers to article L. 2352-5:…

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Article D2362-2 of the French Labour Code

The directors of legal entities or natural persons shall inform their trade union organisations, their subsidiaries and their establishments that have representatives or elected representatives: 1° The number of their employees at the date of publication of the draft constitution, in France college by college and in the other Member States ; 2° Where the European Cooperative Society is not composed exclusively of natural persons, the forms of participation existing…

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Article D2362-3 of the French Labour Code

In the event of the formation of the European Cooperative Society by merger and in the cases mentioned in article L. 2362-3 insofar as it refers to article L. 2352-4, the managers of the legal entities determine the number of additional seats and indicate those allocated to the companies having their registered office in France.

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Article D2362-4 of the French Labour Code

When the employees of the legal entities or natural persons, subsidiaries and establishments concerned do not have any form of representation, the information mentioned in articles D. 2362-1 and D. 2362-2 is communicated directly to them by any means.

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Article R2362-5 of the French Labour Code

Pursuant to the first paragraph of Article L. 2362-3 insofar as it refers to Article L. 2352-3, the number of seats per Member State on the special negotiating body is equal to : 1° Up to 10% of the total workforce: 1 seat ; 2° From more than 10% to 20% of the total workforce: 2 seats; 3° Between 20% and 30% of the total workforce: 3 seats; 4° From…

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Article D2362-6 of the French Labour Code

Where there are representatives or elected representatives for all the legal entities or natural persons, subsidiaries and establishments, the trade union organisations appoint the members of the special negotiating body in accordance with the procedures laid down in articles D. 2362-8 and D. 2362-9.

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Article D2362-8 of the French Labour Code

In order to allocate the seats of the special negotiating body between the colleges in accordance with Article L. 2362-3 insofar as it refers to the provisions of the third paragraph of Article L. 2352-5, the number of employees to be taken into account is the sum of the number of employees belonging to the colleges of legal entities and assimilated employees of natural persons, subsidiaries and establishments. A quotient…

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Article D2362-9 of the French Labour Code

In order to distribute the seats allocated to each college between the trade union organisations, a quotient is calculated equal to the total number of elected representatives of this college in the social and economic committees or establishment social and economic committees of the companies, subsidiaries and establishments, divided by the number of seats allocated to this college. Each trade union organisation is allocated as many seats per college as…

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Article D2362-10 of the French Labour Code

Where only certain legal entities or natural persons, subsidiaries and establishments have a representative or an elected member, the members of the special negotiating body are : 1° Either designated in accordance with the procedures defined in articles D. 2362-6 et seq; 2° Or elected in accordance with the provisions of article D. 2362-11. The respective numbers of members appointed and elected to fill the seats due to France on…

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