The employer initiates the procedure for setting up the special negotiating body when the workforce referred to in article L. 2341-1 is reached on average over the previous two years.
The number of employees is calculated in accordance with the provisions of article L. 1111-2 for companies or establishments located in France and in accordance with national law in other countries.
The persons responsible for obtaining and transmitting to the employees and their representatives referred to in article L. 2342-4 the information essential to the opening of the negotiations referred to in article L. 2342-1, in particular information relating to the structure of the company or group and its workforce, are :
1° Any head of a company or of the dominant company in a Community-scale group of companies;
2° Any head of an undertaking belonging to a Community-scale group of undertakings;
3° Any head of an establishment of a Community-scale undertaking or belonging to a Community-scale group of undertakings;
4° In the absence of a representative in France designated in application of 2° of article L. 2341-3, the head of the establishment of the Community-scale undertaking or the head of the dominant undertaking of the Community-scale group of undertakings mentioned in 3° of this article.