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Chapter III: Setting up and closing down the social and economic committee

Article R2313-1 of the French Labour Code

When it takes a decision on the determination of the number and scope of separate establishments in application of article L. 2313-4, the employer shall inform each representative trade union organisation in the company and each trade union organisation that has formed a trade union section in the company, by any means that allows this information to be dated with certainty. When negotiations have taken place in accordance with article…

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Article R2313-2 of the French Labour Code

The Regional Director of Companies, Competition, Consumption, Labour and Employment will take a decision within two months of receipt of the challenge. This decision is notified by registered letter with acknowledgement of receipt, indicating the appeal procedures and deadlines. It may be appealed before the judicial court within fifteen days of its notification. In the event of an implicit rejection decision by the Regional Director of Companies, Competition, Consumption, Labour…

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Article R2313-3 of the French Labour Code

Disputes are referred to the judicial court by means of an application. At the request of the court registry, the Regional Director of Companies, Competition, Consumer Affairs, Labour and Employment will provide proof that his decision has been notified to the court or, failing this, that the challenge has been received. If the court so requests, it will provide a report setting out the legal and factual grounds for its…

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Article R2313-4 of the French Labour Code

When one of the employers mandated by the others takes a decision on the determination of the number and perimeter of separate establishments in application of article L. 2313-8, it shall bring this to the attention of each representative trade union organisation in the economic and social unit and of each trade union organisation having set up a trade union section in the economic and social unit, by any means…

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Article R2313-5 of the French Labour Code

The Regional Director of Companies, Competition, Consumption, Labour and Employment will take a decision within two months of receipt of the challenge. This decision is notified by registered letter with acknowledgement of receipt, indicating the appeal procedures and deadlines. It may be appealed before the judicial court within fifteen days of its notification. In the event of an implicit rejection decision by the Regional Director of Companies, Competition, Consumption, Labour…

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Article R2313-6 of the French Labour Code

Disputes are referred to the judicial court by means of an application. At the request of the clerk’s office, the regional director of companies, competition, consumption, labour and employment shall provide proof that his decision has been notified to the court or, failing this, that the challenge has been received. In the event of a decision taken in application of the first paragraph of article L. 2313-5, if the court…

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