French Business Law - French Legislation

Article L2353-24 of the French Labour Code

November 7, 2023

The operating expenses of the European Company Committee and its Bureau shall be borne by the European Company, which shall provide the employee representatives with the financial and material resources necessary to enable them to carry out their duties in an appropriate manner. The European Company shall also bear the costs of organising meetings and interpreting, as well as the accommodation and travel expenses of the members of the Committee…

Article L2353-25 of the French Labour Code

November 7, 2023

The secretary and the members of the European Company Committee and its Bureau are entitled to the time necessary for the performance of their duties up to a limit which, save in exceptional circumstances, may not exceed one hundred and twenty hours per year for each of them. This time is considered as working time and is paid at the normal rate. The manager of the European Company who wishes…

Article L2353-26 of the French Labour Code

November 7, 2023

The members of the European Company Committee and the experts who assist them are bound by professional secrecy and the obligation of discretion provided for in Article L. 2325-5.

Article L2353-27 of the French Labour Code

November 7, 2023

The members of the European Company Works Council are entitled to training leave under the conditions set out in Article L. 2325-44.

Article L2353-27-1 of the French Labour Code

November 7, 2023

The use of videoconferencing to convene meetings of the European Company Works Council may be authorised by agreement between the Chairman and the employee representatives sitting on the Council. In the absence of an agreement, such use is limited to three meetings per calendar year. A decree determines the conditions under which the European Company Works Council may hold a secret ballot.

Article L2353-28 of the French Labour Code

November 7, 2023

Where no agreement has been reached and the special negotiating body has not taken the decision provided for in the second paragraph of Article L. 2352-13, employee participation in the European Company is governed by the following provisions: 1° In the case of a European Company formed by transformation, if there is a system of employee participation in the administrative or supervisory body prior to registration, all the elements of…

Article L2353-29 of the French Labour Code

November 7, 2023

If only one form of participation exists within the participating companies, this system shall be applied to the European Company, taking into account the proportion or, as the case may be, the highest number of members concerned by participation rights in the administrative or supervisory body. If several forms of participation exist within the participating companies, the Special Negotiation Body shall determine which of these forms shall be introduced in…

Article L2353-30 of the French Labour Code

November 7, 2023

In the absence of an agreement by the special negotiating body on the choice of the form of participation, the directors determine the form of participation applicable. The applicable system is always based on the highest proportion or number of members of the administrative or supervisory body concerned by the participation rights.

Article L2353-31 of the French Labour Code

November 7, 2023

Where the applicable form of participation consists of recommending or opposing the appointment of members of the board of directors or supervisory board, the European Company Committee shall determine the conditions under which this form of participation is exercised. Where the form of participation chosen consists of the election of members of the board of directors or, where applicable, the supervisory board, the procedure is conducted in accordance with the…

Article L2353-32 of the French Labour Code

November 7, 2023

Once the number of seats on the management body concerned has been determined under the conditions set out in Article L. 2353-31, the European Company Committee shall ensure that they are allocated in proportion to the number of employees of the European Company employed in each Member State. By way of derogation from these provisions, the committee shall ensure, as far as possible, that each Member State which had a…

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Legislative part

Article L2353-24 of the French Labour Code

Article L2353-25 of the French Labour Code

Article L2353-26 of the French Labour Code

Article L2353-27 of the French Labour Code

Article L2353-27-1 of the French Labour Code

Article L2353-28 of the French Labour Code

Article L2353-29 of the French Labour Code

Article L2353-30 of the French Labour Code

Article L2353-31 of the French Labour Code

Article L2353-32 of the French Labour Code

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