French Business Law - French Legislation

Article L2351-1 of the French Labour Code

November 7, 2023

The provisions of this Title apply to 1° European Companies with registered offices in France incorporated in accordance with Council Regulation (EC) n° 2157/2001 of 8 October 2001 on the Statute for a European Company (SE); 2° Companies participating in the formation of a European Company and having their registered office in France; 3° Subsidiaries and establishments located in France of a European Company located in another Member State of…

Article L2351-2 of the French Labour Code

November 7, 2023

When a European Company mentioned in Article L. 2351-1 is a Community-scale undertaking or a Community-scale group of undertakings within the meaning of Article L. 2341-2, the provisions of Title IV relating to the European Works Council or to the information and consultation procedure in Community-scale undertakings do not apply either to the European Company or to its subsidiaries.

Article L2351-3 of the French Labour Code

November 7, 2023

The arrangements for employee involvement in the European Company shall cover information, consultation and, where appropriate, participation. They shall be determined by agreement between the management of the participating companies and the employee representatives in accordance with the provisions of this Title. In the absence of an agreement, these arrangements shall be determined in accordance with the provisions of Chapter III.

Article L2351-4 of the French Labour Code

November 7, 2023

Information shall mean information provided by the management body of the European Company to the body representing the employees on matters which either concern the European Company itself and any subsidiary or any establishment situated in another Member State, or which exceed the powers of the decision-making bodies situated in a Member State. This information shall be provided in such a way as to enable the employees’ representatives to assess…

Article L2351-5 of the French Labour Code

November 7, 2023

Consultation means the establishment of a dialogue and an exchange of views between the body representing the employees or the employees’ representatives and the competent body of the European Company in such a way as to enable the employees’ representatives, on the basis of the information provided, to express an opinion on the measures envisaged by the competent body. This opinion may be taken into account in the decision-making process…

Article L2351-6 of the French Labour Code

November 7, 2023

Participation means the influence exercised by the body representing the employees or by the employees’ representatives on the affairs of a company in the following ways: – either by exercising their right to elect or appoint certain members of the company’s supervisory or administrative body ; – by exercising their right to recommend or oppose the appointment of some or all of the members of the company’s supervisory or administrative…

Article L2351-7 of the French Labour Code

November 7, 2023

The number of employees of the participating companies, subsidiaries or establishments concerned located in France is calculated in accordance with the provisions of article L. 1111-2.

Article L2352-1 of the French Labour Code

November 7, 2023

A special negotiating body is set up as soon as possible after the publication of the draft terms of merger or the draft terms of incorporation of the holding company or after the adoption of the draft terms of incorporation of a subsidiary or the draft terms of conversion into a European Company. It has legal personality.

Article L2352-2 of the French Labour Code

November 7, 2023

The Special Negotiation Body shall determine with the managers of the companies participating in the creation of the European Company or their representatives, by means of a written agreement, the arrangements for employee involvement within the European Company referred to in Article L. 2351-3.

Article L2352-3 of the French Labour Code

November 7, 2023

Seats on the special negotiating body are allocated between the Member States in proportion to the number of employees in each of these States in relation to the workforce of the participating companies and subsidiaries or establishments concerned in all the Member States. Their number is fixed by decree of the Conseil d’Etat. Following the distribution thus made, the number of employees that each member of the special negotiating body…

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Legislative part

Article L2351-1 of the French Labour Code

Article L2351-2 of the French Labour Code

Article L2351-3 of the French Labour Code

Article L2351-4 of the French Labour Code

Article L2351-5 of the French Labour Code

Article L2351-6 of the French Labour Code

Article L2351-7 of the French Labour Code

Article L2352-1 of the French Labour Code

Article L2352-2 of the French Labour Code

Article L2352-3 of the French Labour Code

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Legislative part

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