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Chapter VI: Central social and economic committee and local social and economic committee

Article L2316-1 of the French Labour Code

The central company social and economic committee exercises the powers that concern the general running of the company and that exceed the limits of the powers of the heads of establishments. It alone is consulted on : 1° Projects decided at company level which do not involve adaptation measures specific to one or more establishments. In this case, its opinion accompanied by the documents relating to the project is sent,…

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Article L2316-2 of the French Labour Code

The central company social and economic committee is informed and consulted on all major projects concerning the company in economic and financial matters, particularly in the cases defined in articles L. 2312-42 to L. 2312-51 , as well as in matters of health, safety and working conditions, particularly in the cases defined in 4° of II of article L. 2312-8.

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Article L2316-3 of the French Labour Code

If the appointment of an expert provided for in sub-section 10 of section 3 of chapter V of this title is envisaged in the context of the projects mentioned in article L. 2316-2, it is carried out by the central social and economic committee.

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Article L2316-4 of the French Labour Code

The central social and economic committee is made up of: 1° The employer or his representative; 2° An equal number of full delegates and alternates, elected for each establishment by the establishment social and economic committee from among its members. This number is determined by decree in the Conseil d’Etat. The total number of members may not exceed a maximum also determined by decree by the Conseil d’Etat; 3° The…

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Article L2316-5 of the French Labour Code

Where one or more establishments in the company constitute three electoral colleges in application of article L. 2314-11, at least one full delegate and one alternate delegate to the central social and economic committee belong to the category of engineers, heads of department and administrative, commercial or technical managers with equivalent classification.

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Article L2316-6 of the French Labour Code

Where no single establishment in the company constitutes three electoral colleges, but where several separate establishments together group together at least five hundred and one employees or at least twenty-five members of staff belonging to the category of engineers, heads of department and administrative, commercial or technical executives assimilated in terms of classification, at least one full delegate to the central social and economic committee belongs to this category.

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Article L2316-7 of the French Labour Code

Each representative trade union organisation in the company appoints a representative to the central company social and economic committee chosen either from among the representatives of this organisation on the establishment social and economic committees or from among the elected members of these committees. This representative attends meetings of the Central Social and Economic Committee in an advisory capacity.

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Article L2316-8 of the French Labour Code

In each company, the distribution of seats between the different establishments and the different colleges is the subject of an agreement between the employer and the trade union organisations concerned, concluded under the conditions of article L. 2314-6. In the event of disagreement on the distribution of seats, the administrative authority in whose jurisdiction the head office of the company is located decides on this distribution. Referral to the administrative…

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Article L2316-9 of the French Labour Code

Disputes relating to the electorate, the legality of electoral operations and the appointment of trade union representatives fall within the jurisdiction of the courts. When a dispute makes it essential to have recourse to an investigative measure, the expenses relating to this measure are borne by the State.

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