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Book II: Collective bargaining - Collective bargaining agreements

Article D2232-2 of the French Labour Code

The conditions under which the employer seeks the approval of employees in application of articles L. 2232-12, L. 2232-23-1, L. 2232-24 and L. 2232-26 are as follows: 1° The consultation takes place during working hours, by secret ballot in an envelope or by electronic means under the conditions set out in articles R. 2324-5 to R. 2324-17. Its material organisation is the responsibility of the employer; 2° The result of…

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Article D2232-3 of the French Labour Code

The procedures for organising the consultation include: 1° The procedures for informing employees of the text of the agreement; 2° The place, date and time of the ballot; 3° The procedures for organising and conducting the vote; 4° The text of the question submitted to the employee vote.

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Article R2232-5 of the French Labour Code

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.

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Article D2232-6 of the French Labour Code

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).

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Article D2232-7 of the French Labour Code

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…

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Article D2232-8 of the French Labour Code

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.

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Article D2232-9 of the French Labour Code

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.

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Article R2232-10 of the French Labour Code

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…

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Article R2232-11 of the French Labour Code

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.

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