French Business Law - French Legislation

Article L2354-1 of the French Labour Code

November 7, 2023

When a European Company is registered, the agreement referred to in Article L. 2352-16 or a collective agreement concluded at the appropriate level may decide to abolish or to adjust the operating conditions, possibly in the form of a redefinition of their national scope of intervention, of the employee representative bodies which would disappear as a result of the loss of legal autonomy of one or more participating companies located…

Article L2354-2 of the French Labour Code

November 7, 2023

Four years after the establishment of the European Company Committee, the latter shall examine whether it is appropriate to enter into negotiations with a view to concluding the agreement under the conditions defined in Chapter II. To this end, the manager of the European Company shall convene a meeting of the Committee within six months of the end of the four-year period. To conduct these negotiations, the Committee acts as…

Article L2354-3 of the French Labour Code

November 7, 2023

When the special negotiation body has taken the decision provided for in Article L. 2352-13, it shall be convened by the manager of the European Company at the written request of at least 10% of the employees of the European Company, its subsidiaries and establishments or their representatives, at the earliest two years after the date of this decision, unless the parties agree to reopen negotiations sooner. If negotiations fail,…

Article L2354-4 of the French Labour Code

November 7, 2023

If, after the registration of the European Company, changes occur in the structure of the company, the location of its registered office or the number of employees it employs, which are likely to substantially affect the composition of the European Company Works Council or the arrangements for employee involvement as defined by the agreement resulting from negotiations initiated prior to the registration of the European Company or in application of…

Article L2355-1 of the French Labour Code

November 7, 2023

Obstructing either the setting up of a special negotiating body or a European Company committee, whether or not set up by agreement, or the free appointment of their members, 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.

Article L2361-1 of the French Labour Code

November 7, 2023

This Title applies to: 1° European Cooperative Societies constituted in accordance with Council Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative Society and having their registered office and head office in France; 2° Legal persons having their registered office in France and natural persons resident in France who participate in the formation of a European Cooperative Society; 3° Subsidiaries and establishments located in…

Article L2361-2 of the French Labour Code

November 7, 2023

When a European Cooperative Society mentioned in article L. 2361-1 is a Community-scale undertaking or a Community-scale group of undertakings within the meaning of article L. 2341-2, title IV of this book relating to the European Works Council or to the information and consultation procedure in Community-scale undertakings is applicable neither to the European Cooperative Society nor to its subsidiaries. By way of derogation from the first paragraph, when the…

Article L2361-3 of the French Labour Code

November 7, 2023

The procedures for employee involvement cover information, consultation and, where appropriate, participation. They are determined by agreement between the directors of the participating legal entities or the participating natural persons and the employee representatives in accordance with the provisions of this Title. In the absence of an agreement, these arrangements are determined in accordance with the provisions of Chapter III of this Title.

Article L2361-4 of the French Labour Code

November 7, 2023

The provisions of Articles L. 2351-4 to L. 2351-6 relating to the definition of information, consultation and participation of employees in the European Company and the Committee of the European Company are applicable to European Cooperative Societies and to participating legal entities and natural persons as well as to their subsidiaries or establishments falling within the scope of this Title.

Article L2361-5 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.

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Legislative part

Article L2354-1 of the French Labour Code

Article L2354-2 of the French Labour Code

Article L2354-3 of the French Labour Code

Article L2354-4 of the French Labour Code

Article L2355-1 of the French Labour Code

Article L2361-1 of the French Labour Code

Article L2361-2 of the French Labour Code

Article L2361-3 of the French Labour Code

Article L2361-4 of the French Labour Code

Article L2361-5 of the French Labour Code

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