The time spent in meetings by the members of the special negotiating body is considered as working time and is paid at the normal rate. The expenses necessary for the proper performance of the task of the special negotiating body shall be borne by the company or the dominant company in the group of companies.
In order to negotiate, the special negotiating body may be assisted by experts of its choice, including representatives of the European employees’ organisations referred to in Article L. 2342-5. The experts and representatives of the aforementioned organisations may, at the request of the Special Negotiating Body, attend the negotiation meetings in an advisory capacity. The dominant undertaking or undertaking in the Community-scale group of undertakings shall bear the costs relating…
The decision to conclude an agreement shall be taken by the special negotiating body by a majority of its members. The group may decide, by at least two-thirds of the votes cast, not to open negotiations or to terminate negotiations already in progress. In this case, a new request to set up a special negotiating body may not be made until two years after this decision, unless the parties concerned…
Where it opts to set up a European Works Council, the special negotiating body shall conclude an agreement which determines : 1° The establishments of the Community-scale undertaking or the member undertakings of the Community-scale group of undertakings concerned by the agreement ; 2° The composition of the European Works Council, in particular the number of its members, the distribution of seats in order to take into account the need…
The members of the European Works Council set up by agreement and the experts who assist them are bound : 1° to professional secrecy for all matters relating to manufacturing processes ; 2° To an obligation of discretion with regard to information of a confidential nature and given as such by the employer.
The members of the European Works Council set up by agreement inform the staff representatives of the establishments or undertakings of a Community-scale group of undertakings or, in the absence of representatives, all employees of the content and results of the information and consultation procedure implemented, in compliance with the provisions relating to professional secrecy and the obligation of discretion referred to in Article L. 2342-10.
The members of the European Works Council set up by agreement are entitled, without loss of salary, to the training necessary for the exercise of their mandate under conditions determined by the agreement.
Where, instead of setting up a European Works Council, the special negotiating body opts for the establishment of one or more information and consultation procedures, the agreement shall lay down the arrangements by which the employees’ representatives may meet in order to carry out a consultation on the information communicated to them and which relates, in particular, to transnational issues significantly affecting the interests of the employees.
The employees’ representatives within the framework of an information and consultation procedure and the experts who assist them are bound : 1° Professional secrecy for all matters relating to manufacturing processes; 2° An obligation of discretion with regard to information of a confidential nature and given as such by the employer.
A European Works Council shall be established in accordance with the provisions of this chapter in the following cases: 1° Where the head of the Community-scale undertaking or dominant undertaking refuses to set up a special negotiating body or to open negotiations within six months of receipt of the request provided for in Article L. 2342-4 ; 2° Where the special negotiating body has not concluded an agreement within three…
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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
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Paris Bar Registration n° (Toque) C2396
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