Subsection 2: Nomination, election and status of members

Pursuant to the first paragraph of 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° From more than 20% to 30% of the total workforce: 3 seats; 4° From more than 30% to 40% of the…

Where there are representatives or elected representatives in all the companies, 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. 2352-8 and D. 2352-9.

The trade union organisation shall notify the employer of the appointment of the members of the special negotiating body by registered letter with acknowledgement of receipt.

In order to allocate the seats of the special negotiating body between the colleges in accordance with the provisions of the third paragraph of Article L. 2352-5, the workforce to be taken into account is the sum of the number of employees belonging to the colleges of the companies, subsidiaries and establishments. A quotient is determined equal to the number of employees calculated in the first paragraph divided by the…

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…

Where only certain companies, subsidiaries and establishments have a representative or an elected member, the members of the special negotiating body are: 1° Either appointed in accordance with the procedures defined in Articles D. 2352-6 et seq.; 2° Or elected in accordance with the provisions of Article D. 2352-11. The respective numbers of members appointed and elected to fill the seats due to France on the special negotiating body are…

Where none of the companies, subsidiaries or establishments has a representative or an elected member, the members of the special negotiating body are elected directly by the employees. The election takes place college by college. It is common to all companies, subsidiaries and establishments. The distribution of seats between the different categories and the distribution of employees in the electoral colleges are carried out on the basis of their combined…

When an additional seat is allocated to a participating company in application of article L. 2352-4, this seat is allocated: 1 If there is a social and economic committee, to the trade union organisation which has the most representatives on this committee. In the event of a tie, the seat is awarded to the organisation that received the highest number of votes in the first ballot of the election of…

The appointment of the members of the special negotiating body shall be notified to the managers of the company, subsidiary or establishment in which the employees’ representatives work or, where applicable, to the management body mandated for this purpose. The managers of the companies, subsidiaries and establishments shall forward to the managers of the participating companies the names of the persons thus appointed and those of the persons elected pursuant…