Disputes relating to the electorate and to the regularity of the consultation shall fall within the jurisdiction of the judicial court, which shall have final jurisdiction. They shall be lodged within the time limits laid down in article R. 2324-24. The decision may be appealed to the Supreme Court.
I. – The trade union(s) requesting the organisation of the consultation shall notify the employer and the other representative trade union(s) of their request in writing within one month of the date of signature of the agreement. II and III (Cancelled).
In the event of disagreement on the methods of organising the consultation adopted by the employer, the president of the judicial court, if the matter is referred to him by the representative trade union organisations in the undertaking or establishment, shall rule in accordance with the accelerated procedure on the merits and as a last resort. If the matter is not referred to the president of the court within eight…
The consultation provided for in articles L. 2232-23-1, L. 2232-24 and L. 2232-26 is organised within two months of the conclusion of the agreement. The employer shall first consult the mandated elected employee representative(s) or the mandated employee(s) on the terms and conditions. It shall inform the employees of these procedures by any means no later than fifteen days before the consultation.
In the event of disagreement over the methods of organising the consultation chosen by the employer, the matter may be referred to the President of the Tribunal Judiciaire within eight days of the information provided for in Article D. 2232-8 and the decision shall be taken in accordance with the accelerated procedure on the merits and in the final instance.
The conditions under which the employer seeks the approval of employees pursuant to articles L. 2232-21 to L. 2232-23 are as follows: 1° The consultation takes place by any means during working time. Its material organisation is the responsibility of the employer; 2° The personal and secret nature of the consultation is guaranteed; 3° The result of the consultation is brought to the attention of the employer at the end…
The employer defines the procedures for organising the consultation, which include: 1° The procedures for sending the text of the agreement to the employees; 2° The place, date and time of the consultation; 3° The organisation and conduct of the consultation; 4° The text of the question relating to the approval of the agreement submitted for employee consultation.
At least fifteen days before the date of the consultation, the employer shall notify the employees of the draft agreement and the organisational arrangements defined in application of article R. 2232-11.
Disputes relating to the list of employees to be consulted and to the regularity of the consultation shall fall within the jurisdiction of the judicial court, which shall have final jurisdiction. They must be lodged within the deadlines set out in article R. 2324-24. The decision may be appealed to the Supreme Court.
The Observatory for Analysis and Support of Social Dialogue and Negotiations is made up of a maximum of thirteen members: -up to six members representing employees ; -up to six members representing employers. The head of the departmental unit or his deputy, appointed by the regional director of companies, consumer affairs, competition, labour and employment, sits as the representative of the competent administrative authority on the observatory. The Observatory’s secretariat…
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.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
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.
