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Article D2372-1 of the French Labour Code

Within one month of the publication of the draft constitution of a company resulting from the cross-border operation, the managers of the participating companies shall inform their trade union organisations and those of their subsidiaries and establishments which have representatives or elected representatives within the meaning of Article L. 2352-5: 1° The identity of the companies, subsidiaries and establishments; 2° Where they are located; 3° Their legal status; 4° The…

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Article D2372-2 of the French Labour Code

The directors of the participating companies shall inform their trade union organisations, their subsidiaries and their establishments that have representatives or elected representatives of: 1° The number of their employees on the date of publication of the draft operation, in France by college and in the other Member States; 2° The forms of participation existing within the meaning of Article L. 2371-3 insofar as it refers to Article L. 2351-6…

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Article D2372-4 of the French Labour Code

When the companies, subsidiaries and establishments concerned do not have any form of representation, the information mentioned in articles D. 2372-1 and D. 2372-2 is communicated directly, by any means, to their employees.

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Article R2372-5 of the French Labour Code

Pursuant to Article L. 2372-3 insofar as it refers to Article L. 2352-3, the number of seats per Member State on the special negotiating body is equal to : 1° Up to 10% of the total workforce: 1 seat; 2° From more than 10% to 20% of the total workforce: 2 seats; 3° From more than 20% to 30% of the total workforce: 3 seats; 4° From more than 30%…

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Article D2372-6 of the French Labour Code

Where there are representatives or elected representatives in all the companies, subsidiaries and establishments, the trade union organisations appoint the members of the special negotiating body in accordance with the procedures laid down in Articles D. 2372-8 and D. 2372-9.

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Article D2372-8 of the French Labour Code

In order to allocate the seats of the special negotiating body between the colleges in accordance with article L. 2372-3 insofar as it refers to the provisions of the third paragraph of article L. 2352-5, the workforce to be taken into account is the sum of the number of employees belonging to the colleges of the companies, subsidiaries and establishments. A quotient is determined equal to the number of employees…

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Article D2372-9 of the French Labour Code

In order to distribute the seats allocated to each college between the trade union organisations, a quotient is calculated equal to the total number of elected representatives of this college in the social and economic committees or establishment social and economic committees of the companies, subsidiaries and establishments, divided by the number of seats allocated to this college. Each trade union organisation is allocated as many seats per college as…

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Article D2372-10 of the French Labour Code

Where only certain companies, subsidiaries and establishments have a representative or an elected member, the members of the special negotiating body are: 1° Either appointed in accordance with the procedures defined in Articles D. 2372-6 to D. 2372-9 ; 2° Or elected in accordance with the provisions of Article D. 2372-11. The respective numbers of members appointed and elected to fill the seats due to France on the special negotiating…

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