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Article D2372-10 of the French Labour Code

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. 2372-6 to D. 2372-9 ; 2° Or elected in accordance with the provisions of Article D. 2372-11. The respective numbers of members appointed and elected to fill the seats due to France on the special negotiating…

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Article D2372-11 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…

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Article D2372-12 of the French Labour Code

When an additional seat is allocated to a participating company in application of article L. 2372-3 insofar as it refers to 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…

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Article D2372-13 of the French Labour Code

The appointments of the members of the special negotiation body are notified to the managers of the company, subsidiary or establishment in which the employee 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 designated and those of the persons elected in application…

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Article D2372-14 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.

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Article D2372-15 of the French Labour Code

The members of the special negotiating body shall be kept informed of : 1° The method of incorporation of the company resulting from the cross-border operation and its effects on the participating companies and their subsidiaries and establishments; 2° The shareholding arrangements made within these participating companies, subsidiaries and establishments, whether they are located in France or in another Member State of the European Union or the European Economic Area;…

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Article D2372-16 of the French Labour Code

For the calculation of the employee majorities mentioned in the first and second paragraphs of Article L. 2372-4, 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, rounded…

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Article R2372-17 of the French Labour Code

The information provided, in application of the fourth paragraph of Article L. 229-3 of the Commercial Code, by the company, subsidiary or establishment concerned by the transaction to certify that the terms and conditions relating to employee participation have been set in accordance with the provisions of Articles L. 2371-1 to L. 2371-3, L. 2372-1 to L. 2372-4, the second paragraph of Article L. 2372-5 and Articles L. 2372-6 to…

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Article R2372-18 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 in whose jurisdiction the registered office of the company resulting from the cross-border operation, or of the company, subsidiary or 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…

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Article R2372-19 of the French Labour Code

Disputes arising from the application of the provisions of this section, other than those referred to in article R. 2372-18, 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.

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