Articles L. 2312-45 to L. 2312-51 of this Code do not apply to the offers referred to in Articles L. 225-207 and L. 22-10-62 of the French Commercial Code or when the company is the subject of a public offer initiated by entities, acting alone or in concert within the meaning of Article L. 233-10 of the same Code, holding more than half of the capital or voting rights of…
The social and economic committee is informed and consulted : 1° Before an application to open receivership or compulsory liquidation proceedings is filed with the company registry; 2° During safeguard proceedings, in the situations provided for in articles L. 623-3 and L. 626-8 of the French Commercial Code; 3° During receivership proceedings, in the situations and under the conditions set out in Articles L. 631-17, L. 631-18, L. 631-19 and…
The person or persons designated by the social and economic committee, in accordance with the provisions of article L. 661-10 of the French Commercial Code, shall be heard by the competent court: 1° During safeguard proceedings in the situations provided for in articles L. 621-1, L. 622-10, L. 626-9 and L. 626-26 of the French Commercial Code; 2° During receivership proceedings in the situations and under the conditions provided for…
A company agreement, concluded under the conditions provided for in the first paragraph of article L. 2232-12 or, in the absence of a trade union delegate, an agreement between the employer and the social and economic committee, adopted by a majority of the full members of the committee’s staff delegation may define: 1° The content of the ad hoc consultations and information of the social and economic committee provided for…
A group agreement may provide that the specific consultations and information mentioned in Articles L. 2312-8 and L. 2312-37 are carried out at group works council level. It sets out the procedures for forwarding the opinion of the group works council: 1° To each social and economic committee of the companies in the group, which remains consulted on the consequences of the projects on the company; 2° To the body…
In the absence of an agreement, one month after each election of the social and economic committee, the employer provides it with economic and financial documentation specifying: 1° The legal form of the company and its organisation; 2° The company’s economic prospects as they may be envisaged; 3° Where applicable, the company’s position within the group; 4° Taking into account the information available to the employer, the breakdown of capital…
In the absence of an agreement, when the proposed restructuring and downsizing submitted to the Social and Economic Committee is likely to affect the volume of activity or employment of a subcontracting company, the ordering company immediately informs the subcontracting company. The social and economic committee of the subcontracting company is immediately informed and receives any useful explanations on the likely development of activity and employment.
If a member of the staff delegation on the Social and Economic Committee observes, in particular through the intermediary of an employee, that there is an infringement of the rights of individuals, their physical and mental health or individual freedoms in the company which is not justified by the nature of the task to be performed, nor proportionate to the aim pursued, he/she immediately informs the employer. This infringement may,…
A member of the staff delegation on the social and economic committee exercises the right to alert in situations of serious and imminent danger as well as in matters of public health and the environment under the conditions set out, as appropriate, in articles L. 4132-1 to L. 4132-5 and L. 4133-1 to L. 4133-4.
When the Social and Economic Committee becomes aware of facts likely to have a worrying effect on the economic situation of the company, it may ask the employer to provide explanations. This request is automatically included on the agenda for the next committee meeting. If the committee is unable to obtain a satisfactory response from the employer, or if the employer confirms that the situation gives cause for concern, it…
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is a Registered Trademark of
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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