When an additional seat is allocated to a legal entity or natural person in application of article L. 2362-3 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 that has the most representatives on this committee. In the event of a tie, the seat is awarded to the organisation that received the…
The appointment of the members of the special negotiating body is notified to the legal entity or natural person, subsidiary or establishment within which the employee representatives work or, where applicable, to the management body mandated for this purpose. The managers of the legal entities or natural persons, subsidiaries and establishments forward to the managers of the participating legal entities or natural persons the names of the persons thus designated…
The directors of the legal entities or the natural persons participating in the creation of the European Cooperative Society shall convene the members of the special negotiating body to an initial meeting. The convening notice sets the date of the meeting. It shall be sent by registered letter with acknowledgement of receipt. The six-month period referred to in the second paragraph of article L. 2362-4 runs from the date of…
The members of the special negotiation body shall be kept informed : 1° The method of incorporation of the European Cooperative Society and its effects on the participating legal entities and natural persons as well as on their subsidiaries and establishments; 2° The procedures for information, consultation and participation instituted within these legal entities or natural persons, subsidiaries and establishments, whether they are located in France or in another Member…
For the calculation of the employee majorities mentioned in the first and second paragraphs of Article L. 2362-7, each member holding a seat on the special negotiation body allocated to a Member State represents a number of employees equal to the total number of employees employed in the participating legal entities, subsidiaries and establishments located in that Member State, divided by the number of seats allocated to that Member State,…
The information provided, pursuant to the fourth paragraph of Article L. 229-3 of the Commercial Code, by the company, subsidiary or establishment concerned by the merger to certify that the arrangements for employee involvement have been determined in accordance with the provisions of Articles L. 2361-1 to L. 2362-8, L. 2362-10 to L. 2363-6, L. 2363-8 to L. 2363-11 and L. 2364-1, shall be forwarded to the Labour Inspectorate.
The court with jurisdiction to rule on a challenge to the appointment and election of the members of the special negotiating body is that in whose jurisdiction is situated either the registered office of the European Cooperative Society, the legal entity, the subsidiary or the establishment concerned, as the case may be, or the domicile of the natural person participating in the formation of the European Cooperative Society. The objection…
Disputes arising from the application of the provisions of this section, other than those mentioned in article R. 2362-18, shall be brought before the president of the judicial court of the defendant’s domicile. He shall rule on the merits in accordance with the accelerated procedure.
In the cases provided for in Article L. 2363-2, the following must be attached to the application for registration of the European Cooperative Society: 1° The agreement relating to the establishment of the European Cooperative Society’s works council and, where the European Cooperative Society is not composed exclusively of natural persons, an employee participation scheme as provided for in article L. 2363-2 ; 2° In the absence of the agreement…
The members of the Committee of the European Cooperative Society are : 1° Either appointed in accordance with the procedures defined in articles D. 2362-6 et seq; 2° Or elected in accordance with the provisions of article D. 2362-11 when the conditions provided for in article L. 2362-3 insofar as it refers to article L. 2352-6 are met.
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75001, Paris France
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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