Call Us + 33 1 84 88 31 00

Article D2352-11 of the French Labour Code

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…

Read More »

Article D2352-12 of the French Labour Code

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…

Read More »

Article D2352-13 of the French Labour Code

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…

Read More »

Article D2352-14 of the French Labour Code

The directors of the participating companies convene the members of the special negotiating body to an initial meeting. The invitation sets the date of the meeting. It is sent by registered letter with acknowledgement of receipt. The six-month period referred to in the second paragraph of Article L. 2352-9 runs from the date of this first meeting.

Read More »

Article D2352-15 of the French Labour Code

The members of the special negotiating body shall be kept informed of : 1 The method of incorporation of the European Company and its effects on the participating companies and their subsidiaries and establishments; 2 The procedures for information, consultation and participation instituted within these companies, subsidiaries and establishments, whether their place of business is in France or in another Member State of the European Community or the European Economic…

Read More »

Article D2352-16 of the French Labour Code

For the calculation of the employee majorities referred to in the first and second paragraphs of Article L. 2352-13, each member holding a seat on the special negotiating body allocated to a Member State represents a number of employees equal to the total number of employees employed in the participating companies, subsidiaries and establishments located in that Member State, divided by the number of seats allocated to that Member State,…

Read More »

Article R2352-17 of the French Labour Code

The information provided, pursuant to the fourth paragraph of Article L. 229-3 of the Commercial Code, by the company, subsidiary or establishment involved in the merger to certify that the arrangements for employee involvement have been determined in accordance with the provisions of Articles L. 2351-1 to L. 2352-13, L. 2352-16 to L. 2353-25, L. 2353-27 to L. 2353-32 and L. 2354-1, shall be forwarded to the Labour Inspectorate.

Read More »

Article R2352-18 of the French Labour Code

The court with jurisdiction to rule on a challenge to the appointment and election of the members of the special negotiating body is the court within whose jurisdiction the registered office of the European Company, the company, the subsidiary or the establishment concerned, as the case may be, is located. The dispute is lodged, investigated and judged in accordance with the procedures set out in articles R. 2324-24 and R….

Read More »

Article R2352-19 of the French Labour Code

Disputes arising from the application of the provisions of this section, other than those mentioned in article R. 2352-18, shall be brought before the president of the judicial court of the defendant’s domicile. The President of the Court shall rule on the merits of the case in accordance with the accelerated procedure.

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.