Subsection 5: Warning rights

When the Social and Economic Committee becomes aware of facts likely to have a worrying effect on the economic situation of the company, it may ask the employer to provide explanations. This request is automatically included on the agenda for the next committee meeting. If the committee is unable to obtain a satisfactory response from the employer, or if the employer confirms that the situation gives cause for concern, it…

The social and economic committee or, where applicable, the economic committee may be assisted, once per financial year, by the chartered accountant provided for in article L. 2315-92, summon the statutory auditor and appoint, in an advisory capacity, two employees of the company chosen for their competence and from outside the social and economic committee. These employees have five hours each to assist the committee or the economic commission in…

The report of the social and economic committee or, where applicable, of the economic committee, concludes by issuing an opinion on the advisability of referring its conclusions to the administrative or supervisory body in the case of companies or legal entities which have such bodies, or of informing the shareholders in the case of other types of companies or the members in the case of economic interest groupings. In the…

In companies with a Board of Directors or Supervisory Board, the request for an explanation of the worrying nature of the company’s economic situation is placed on the agenda for the next meeting of the Board of Directors or Supervisory Board, provided that the matter has been referred to the Board at least fifteen days in advance. The employer’s reply must state the reasons for the request. In other legal…

Information concerning the company communicated in application of this paragraph is confidential by nature. Any person with access to such information is bound by an obligation of discretion.

In the absence of the consultation provided for in Article L. 2312-25, public aid for research and technological development activities is suspended.

Every quarter, in undertakings with at least three hundred employees, the employer provides the Social and Economic Committee, under the conditions laid down in the agreement referred to in Article L. 2312-21 or, in the absence of an agreement, in sub-paragraph 4 of paragraph 3 of sub-section 3 of this section, with information on : 1° The general trend in orders and the execution of production programmes; 2° Any delays…