Paragraph 1: Establishment of social and economic committees and works councils

A social and economic committee is set up at company level. Establishment social and economic committees and a central company social and economic committee are set up in companies with at least fifty employees and at least two separate establishments.

A company agreement, concluded under the conditions set out in the first paragraph of Article L. 2232-12, determines the number and scope of separate establishments.

In the absence of an agreement concluded under the conditions referred to in Article L. 2313-2 and in the absence of a trade union delegate, an agreement between the employer and the Social and Economic Committee, adopted by a majority of the elected full members of the Committee’s staff delegation, may determine the number and scope of separate establishments.

In the absence of an agreement concluded under the conditions set out in Articles L. 2313-2 and L. 2313-3, the employer determines the number and scope of separate establishments, taking into account the management autonomy of the head of the establishment, particularly in terms of personnel management.

In the event of a dispute concerning the employer’s decision provided for in article L. 2313-4, the number and perimeter of the separate establishments are set by the administrative authority of the company’s registered office under conditions laid down by decree in the Conseil d’Etat. When the referral to the administrative authority is made as part of an overall electoral process, it suspends this process until the administrative decision is…

The loss of the status of separate establishment in the cases provided for in articles L. 2313-2 to L. 2313-5 entails the termination of the duties of the members of the staff delegation of the social and economic committee of this establishment, unless an agreement to the contrary, concluded between the employer and the representative trade union organisations under the conditions provided for in the first paragraph of article L….