Subsection 2: Procedures for exercising general powers

In the absence of the agreement provided for in Article L. 2312-21, the database provided for in Article L. 2312-18 is set up at company level. In undertakings with a central social and economic committee, the database includes the information that the employer makes available to this committee and to the works councils. The information is regularly updated, at least in accordance with the intervals provided for in this code.

In the absence of an agreement as provided for in article L. 2312-21, the database is made available to the persons mentioned in the last paragraph of article L. 2312-36 on a computer medium for undertakings with at least three hundred employees, and on a computer medium or on paper for undertakings with less than three hundred employees. The employer informs these persons of the updating of the database in…

The information contained in the database which is of a confidential nature must be presented as such by the employer who shall indicate the duration of the confidential nature of this information which the persons mentioned in the last paragraph of article L. 2312-36 are required to respect.

In the absence of an agreement as provided for in Article L. 2312-21, the updated provision in the database of the information contained in the reports and the information transmitted on a recurring basis to the social and economic committee is deemed to be communication to the latter of the reports and information when the following cumulative conditions are met: 1° The condition set out in the second paragraph of…