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Article L2312-32 of the French Labour Code

In joint stock companies, the most recent social balance sheet, together with the opinion of the social and economic committee provided for in Article L. 2312-28, is sent to shareholders or made available to them under the same conditions as the documents provided for in Articles L. 225-108 and L. 225-115 of the Commercial Code.

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Article L2312-34 of the French Labour Code

The threshold of three hundred employees referred to in this chapter is deemed to have been crossed when the number of employees in the company exceeds this threshold for twelve consecutive months. The employer has a period of one year from the date on which this threshold is crossed to comply fully with the resulting obligations to inform and consult the Social and Economic Committee.

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Article L2312-35 of the French Labour Code

A decree in the Council of State specifies the content of the information provided for in this paragraph. Decrees in the Council of State determine the adaptation measures necessary for the application of the provisions of articles L. 2312-28 to L. 2312-33 in undertakings required to set up a social and economic committee or staff representation bodies which take their place by virtue either of legal provisions other than those…

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Article L2312-37 of the French Labour Code

In addition to the subjects provided for in Article L. 2312-8, the Social and Economic Committee is consulted under the conditions defined in this section in the following cases: 1° Implementation of means of monitoring employee activity ; 2° Restructuring and downsizing of the workforce; 3° Collective redundancies for economic reasons; 3° bis Merger; 4° Takeover bids; 5° Safeguard, receivership and compulsory liquidation procedures.

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Article L2312-38 of the French Labour Code

The Social and Economic Committee shall be informed, prior to their use, of any methods or techniques used to assist in the recruitment of job applicants and of any changes thereto. It shall also be informed, prior to their introduction into the company, of any automated personnel management processes and of any changes thereto. The Committee shall be informed and consulted, prior to any decision to implement in the company,…

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Article L2312-39 of the French Labour Code

The Social and Economic Committee is informed in good time of any plans to restructure or reduce the workforce. It issues an opinion on the planned operation and its implementation procedures under the conditions and within the timeframes provided for in article L. 1233-30, when it is subject to the obligation to draw up a job protection plan. This opinion is sent to the administrative authority. This article is not…

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Article L2312-41 of the French Labour Code

When a company is involved in a merger operation, as defined inarticle L. 430-1 of the French Commercial Code, the employer shall convene a meeting of the social and economic committee at the latest within three days of the publication of the notification of the proposed merger, issued either by the French administrative authority pursuant to article L. 430-3 of the same code, or by the European Commission pursuant to…

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