Article L2352-14 of the French Labour Code
November 7, 2023
No employee may be penalised or dismissed for exercising the right provided for in Article L. 2352-13. Any decision or act to the contrary shall be null and void.
No employee may be penalised or dismissed for exercising the right provided for in Article L. 2352-13. Any decision or act to the contrary shall be null and void.
The members of the special negotiating body and the experts who assist them are bound by the professional secrecy and discretion requirements set out in Article L. 2325-5.
Subject to the provisions of the second paragraph of Article L. 2352-13, the managers of each of the participating companies and the special negotiating body negotiate with a view to reaching an agreement which determines : 1° The participating companies, establishments and subsidiaries concerned by the agreement ; 2° The composition, number of members and allocation of seats of the representative body which is the interlocutor of the management body…
If, in the course of negotiations, the parties decide to lay down participation arrangements, the agreement shall determine the content of these arrangements including, where applicable, the number of members of the administrative or supervisory body of the European Company which the employees are entitled to elect, appoint, recommend or oppose, the procedures to be followed for the employees to elect, appoint, recommend or oppose the appointment of these members,…
Where the European Company is formed by transformation, the agreement provides for a level of information, consultation and participation at least equivalent to that existing in the company which is to be transformed into a European Company.
Where several forms of participation exist within the participating companies, the special negotiating body which decides to implement the participation arrangements provided for in Article L. 2352-17 first chooses, under the conditions provided for in Article L. 2352-13, which of these forms is to be applied within the European Company.
The management of the participating companies and the Special Negotiating Body may decide, by agreement, to apply the reference provisions relating to the establishment of the European Company Committee provided for in Chapter III.
A European Company Committee is set up when, at the end of the negotiation period provided for in Article L. 2352-9, no agreement has been reached and the special negotiating body has not taken the decision referred to in Article L. 2352-13.
In the case provided for in Article L. 2353-1, the European Company may only be registered if the parties decide to apply the provisions of this Chapter and Chapter IV or if the directors of the participating companies undertake to apply them.
The competence of the Committee of the European Company shall be limited to matters concerning the European Company itself or any subsidiary or any establishment situated in another Member State, or exceeding the powers of the decision-making bodies in a single Member State.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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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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