French Business Law - French Legislation

Article L2344-3 of the French Labour Code

November 7, 2023

For establishments or undertakings located in France, the seats are distributed between the colleges in proportion to the numerical importance of each of them. The seats allocated to each college are distributed between the trade union organisations in proportion to the number of elected representatives they have obtained in these colleges, in accordance with the rule of proportional representation with the largest remainder.

Article L2344-4 of the French Labour Code

November 7, 2023

For establishments or undertakings located in one of the States mentioned in Article L. 2341-1, other than France, the members of the special negotiating body and the employee representatives on the European Works Council, set up in application of Article L. 2343-1, are elected or appointed in accordance with the rules or practices in force in these States.

Article L2344-5 of the French Labour Code

November 7, 2023

In the case of a Community-scale undertaking or group of undertakings whose registered office or that of the dominant undertaking is located in France, where there is no trade union organisation, the staff representatives on the special negotiating body or the European social and economic committee are elected directly in accordance with the rules applicable to the social and economic committee.

Article L2344-6 of the French Labour Code

November 7, 2023

For a Community-scale undertaking or group of undertakings required to set up a European Works Council or an information and consultation procedure in one of the States other than France mentioned in Article L. 2341-1, the provisions of Article L. 2344-5 apply, where there is no trade union organisation, to the establishment or undertaking in France with at least fifty employees.

Article L2344-7 of the French Labour Code

November 7, 2023

Disputes relating to the appointment of members of the special negotiating body and representatives on the European works council of employees of establishments or undertakings located in France shall be brought before the courts.

Article L2344-8 of the French Labour Code

November 7, 2023

The members of the special negotiating body and the members of the European works council set up under the provisions of article L. 2343-1, as well as 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.

Article L2344-9 of the French Labour Code

November 7, 2023

The members of the special negotiating body and of the European works council set up in the absence of an agreement benefit, without loss of salary, from the training necessary for the exercise of their mandate.

Article L2345-1 of the French Labour Code

November 7, 2023

When, as a result of a reduction in the workforce, the Community-scale undertaking or group of undertakings no longer meets the threshold conditions mentioned in Article L. 2341-1, the European Works Council, whether or not it has been set up by agreement, may be abolished by agreement. In the absence of an agreement, the administrative authority may authorise the abolition of the committee in the event of a significant and…

Article L2345-2 of the French Labour Code

November 7, 2023

Where a group of undertakings has set up a European Works Council, the agreement referred to in Article L. 2342-2 or an agreement reached within the group may decide to abolish the Group Works Council. The entry into force of the agreement is subject to a favourable vote by the Group Works Council. If the Group Works Council is abolished, the provisions of articles L. 2332-1, L. 2332-2 and L….

Article L2346-1 of the French Labour Code

November 7, 2023

Obstructing either the setting up of a special negotiating body, a European works council or the implementation of an information and consultation procedure, or the free appointment of their members, in particular by disregarding articles L. 2342-1 to L. 2342-7 and L. 2343-1, is punishable by one year’s imprisonment and a fine of €7,500. Obstructing their regular operation is punishable by a fine of €7,500.

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Legislative part

Article L2344-3 of the French Labour Code

Article L2344-4 of the French Labour Code

Article L2344-5 of the French Labour Code

Article L2344-6 of the French Labour Code

Article L2344-7 of the French Labour Code

Article L2344-8 of the French Labour Code

Article L2344-9 of the French Labour Code

Article L2345-1 of the French Labour Code

Article L2345-2 of the French Labour Code

Article L2346-1 of the French Labour Code

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Legislative part

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