Article L2334-3 of the French Labour Code
November 7, 2023
The Group Works Council meets for the first time, at the initiative of the parent company, as soon as it is set up and at the latest within six months of its creation.
The Group Works Council meets for the first time, at the initiative of the parent company, as soon as it is set up and at the latest within six months of its creation.
The Group Works Council may be assisted by a chartered accountant in carrying out the tasks set out in Article L. 2332-1. This expert is remunerated by the dominant undertaking. The Chartered Accountant has access to the same documents as the statutory auditors of the undertakings making up the Group, in order to carry out any checks or controls that fall within the scope of these tasks.
Failure to set up and convene a group committee for the first time in accordance with the conditions laid down in articles L. 2333-5 and L. 2334-3 or obstructing the appointment of group committee members is punishable by one year’s imprisonment and a fine of €7,500. Obstructing the regular operation of this committee is punishable by a fine of €7,500.
For the purposes of this Title, a Community-scale undertaking means an undertaking or body which employs at least one thousand employees in the Member States of the European Community or the European Economic Area and which has at least one establishment employing at least one hundred and fifty employees in at least two of those States.
For the purposes of this Title, a Community-scale group of undertakings means a group, within the meaning of Article L. 2331-1, which satisfies the conditions relating to the number of employees and the nature of the business mentioned in Article L. 2341-1 and which includes at least one undertaking employing at least one hundred and fifty employees in at least two of the States mentioned in that same Article.
The provisions of this Title apply to 1° to a Community-scale undertaking or group of undertakings whose registered office or that of the parent undertaking is in France ; 2° To the Community-scale undertaking or group of undertakings whose registered office or that of the dominant undertaking is located in a State other than those mentioned in Article L. 2341-1 and which has appointed a representative in France for the…
A European Works Council or an information and consultation procedure is set up in Community-scale undertakings or groups of undertakings in order to guarantee employees’ right to information and consultation at European level.
For the purposes of this Title, a dominant undertaking is defined in Article L. 2331-1.
The consultation provided for in this Title shall consist, for the head of the undertaking or the leading undertaking in the Community-scale group of undertakings or any other more appropriate level of management, in organising an exchange of views and establishing a dialogue with the representatives of the employees at a time, in such a way and with such content as to enable them to express, on the basis of…
The information provided for in this Title shall consist, for the head of the undertaking or the leading undertaking in the Community-scale group of undertakings or any other more appropriate level of management, in forwarding information to the employees’ representatives in order to enable them to become acquainted with the subject under consideration and to examine it. The information shall be provided at an appropriate time, in an appropriate manner…
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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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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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