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Article L2312-37 of the French Labour Code

In addition to the subjects provided for in Article L. 2312-8, the Social and Economic Committee is consulted under the conditions defined in this section in the following cases: 1° Implementation of means of monitoring employee activity ; 2° Restructuring and downsizing of the workforce; 3° Collective redundancies for economic reasons; 3° bis Merger; 4° Takeover bids; 5° Safeguard, receivership and compulsory liquidation procedures.

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Article L2312-38 of the French Labour Code

The Social and Economic Committee shall be informed, prior to their use, of any methods or techniques used to assist in the recruitment of job applicants and of any changes thereto. It shall also be informed, prior to their introduction into the company, of any automated personnel management processes and of any changes thereto. The Committee shall be informed and consulted, prior to any decision to implement in the company,…

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Article L2312-39 of the French Labour Code

The Social and Economic Committee is informed in good time of any plans to restructure or reduce the workforce. It issues an opinion on the planned operation and its implementation procedures under the conditions and within the timeframes provided for in article L. 1233-30, when it is subject to the obligation to draw up a job protection plan. This opinion is sent to the administrative authority. This article is not…

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Article L2312-41 of the French Labour Code

When a company is involved in a merger operation, as defined inarticle L. 430-1 of the French Commercial Code, the employer shall convene a meeting of the social and economic committee at the latest within three days of the publication of the notification of the proposed merger, issued either by the French administrative authority pursuant to article L. 430-3 of the same code, or by the European Commission pursuant to…

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Article L2312-42 of the French Labour Code

When a takeover bid is made, the employer of the company to which the bid relates and the employer making the bid immediately convene their respective social and economic committees to inform them of the bid. The bidding employer convenes a meeting of the social and economic committee under the conditions set out in Article L. 2312-49. During the meeting of the social and economic committee of the company that…

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Article L2312-43 of the French Labour Code

The hearing of the offeror referred to in the last paragraph of Article L. 2312-42 shall be held within one week of the filing of the draft takeover bid. During the hearing, the bidder may be assisted by persons of his choice. The bidder presents to the social and economic committee its industrial and financial policy, its strategic plans for the company concerned and the repercussions of the implementation of…

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Article L2312-44 of the French Labour Code

Within three days of publication of the offer, the offeror shall send the information memorandum referred to in III of Article L. 621-8 of the Monetary and Financial Code to the social and economic committee to which the offer relates.

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Article L2312-45 of the French Labour Code

The Chartered Accountant appointed pursuant to the last paragraph of Article L. 2312-42 shall draw up a report assessing the industrial and financial policy and the strategic plans that the bidder intends to apply to the company that is the subject of the bid, as well as the repercussions of their implementation on all the interests, employment, sites of activity and location of the decision-making centres of the latter company….

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Article L2312-46 of the French Labour Code

I. – Before the board of directors or supervisory board issues its reasoned opinion on the merits of the bid and its consequences for the target company, its shareholders and employees, the social and economic committee of the company that is the target of the bid shall be convened and consulted on the proposed bid. During this meeting, it shall examine the report drawn up by the Chartered Accountant pursuant…

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