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Title V: Employee involvement in the European Company and the European Company Committee

Article D2351-1 of the French Labour Code

Where the directors of the companies participating in the formation of this European Company decide that its registered office shall be established on French territory, the draft terms of formation of this company shall specify that the special negotiating body shall be formed at the place of this registered office.

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Article D2352-1 of the French Labour Code

Within one month of the publication of the draft constitution of a European Company, the directors of the participating companies shall inform their trade union organisations and those of their subsidiaries and establishments which have representatives or elected representatives within the meaning of the first paragraph of article L. 2352-5:1° The identity of the companies, subsidiaries and establishments; 2° Where they are located; 3° Their legal status; 4° The nature…

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Article D2352-2 of the French Labour Code

The directors of participating companies shall inform their trade union organisations, their subsidiaries and their establishments that have representatives or elected representatives of: 1° The number of their employees, on the date of publication of the draft constitution, in France, college by college, and in the other Member States; 2° The forms of participation that exist within the meaning of Article L. 2351-6 ; 3° The number of seats on…

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Article D2352-3 of the French Labour Code

In the event of the formation of the European Company by way of merger and in the cases referred to in Article L. 2352-4, the managers shall determine the number of additional seats and indicate those allocated to companies having their registered office in France.

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Article D2352-4 of the French Labour Code

In the absence of representatives or elected representatives in the company, the information mentioned in articles D. 2352-1 and D. 2352-2 is communicated directly, by any means, to the employees of the companies, subsidiaries and establishments concerned.

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Article R2352-5 of the French Labour Code

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…

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Article D2352-6 of the French Labour Code

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.

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Article D2352-8 of the French Labour Code

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…

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Article D2352-9 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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