Subsection 2: Nomination, election and status of members.

Pursuant to the first paragraph of Article L. 2362-3 insofar as it refers to 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° Between 20% and 30% of the total workforce: 3 seats; 4° From…

Where there are representatives or elected representatives for all the legal entities or natural persons, 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. 2362-8 and D. 2362-9.

The trade union organisation shall notify the employer of the appointment of the members of the special negotiating body by registered letter with acknowledgement of receipt.

In order to allocate the seats of the special negotiating body between the colleges in accordance with Article L. 2362-3 insofar as it refers to the provisions of the third paragraph of Article L. 2352-5, the number of employees to be taken into account is the sum of the number of employees belonging to the colleges of legal entities and assimilated employees of natural persons, subsidiaries and establishments. A quotient…

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…

Where only certain legal entities or natural persons, subsidiaries and establishments have a representative or an elected member, the members of the special negotiating body are : 1° Either designated 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. The respective numbers of members appointed and elected to fill the seats due to France on…

Where none of the legal entities or natural persons, subsidiaries and 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 legal entities or natural persons, subsidiaries and establishments. The distribution of seats between the different categories and the distribution of employees in the electoral colleges are…

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…