The competence of the European Works Council or the procedure mentioned in article L. 2341-4 concerns transnational issues. Transnational issues are those which concern the entire Community-scale undertaking or group of undertakings or at least two undertakings or establishments of the undertaking or group situated in two Member States.
The information and consultation of the European Works Council are coordinated with those of the other staff representative bodies mentioned in this book and those set up in application of the law of the Member State in whose territory the undertaking or establishment is located, according to their respective competences and areas of intervention. When the European Works Council is set up in the absence of an agreement or when…
If significant changes occur in the structure of the Community-scale undertaking or Community-scale group of undertakings, either in the absence of provisions provided for by the agreement(s) in force or in the event of conflicts between the provisions of two or more applicable agreements, the head of the undertaking or the dominant undertaking in the Community-scale group of undertakings shall initiate the negotiations referred to in Article L. 2342-1 on…
By way of derogation from Articles L. 2341-6 and L. 2341-7, the head of the undertaking or of the dominant undertaking in the Community-scale group of undertakings which launches a takeover bid for the capital of an undertaking is not required to refer the matter to the European Works Council or to the employees’ representatives as part of an information and consultation procedure prior to such launch. However, the European…
The use of videoconferencing to convene meetings of the European Works Council may be authorised by agreement between the head of the dominant undertaking in the group and the employee representatives sitting on the committee. In the absence of an agreement, such use is limited to three meetings per calendar year. A decree determines the conditions under which the European Works Council may, in this context, hold a secret ballot.
The head of the Community-scale undertaking or dominant undertaking of the Community-scale group of undertakings shall set up a special negotiating body made up of representatives of all the employees, in accordance with the provisions of Article L. 2344-1, with a view to concluding an agreement intended to implement the employees’ right to information and consultation at European level.
The special negotiating body shall determine with the employer, by written agreement, on the one hand the undertakings or establishments concerned, and on the other hand either the composition, powers and term of office of the European works council(s), or the arrangements for implementing an information and consultation procedure.
The employer initiates the procedure for setting up the special negotiating body when the workforce referred to in article L. 2341-1 is reached on average over the previous two years. The number of employees is calculated in accordance with the provisions of article L. 1111-2 for companies or establishments located in France and in accordance with national law in other countries. The persons responsible for obtaining and transmitting to the…
If the employer fails to take the initiative, the procedure for setting up the special negotiating body shall be initiated at the written request of one hundred employees or their representatives, from at least two undertakings or establishments located in at least two different States referred to in Article L. 2341-1. No employee may be penalised or dismissed for exercising this right of initiative. Any decision or act to the…
The head of the undertaking or the head of the dominant undertaking in the Community-scale group of undertakings shall invite and convene the special negotiating body to a meeting. He shall inform the heads of the establishments of the undertaking or the heads of the undertakings of the Community-scale group of undertakings and the European organisations of employees and employers consulted by the European Commission of the composition of the…
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75001, Paris France
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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