The number of seats on the Special Negotiating Body and on the European Works Council set up in the absence of an agreement, as well as the minimum and maximum number of employee representatives on the European Works Council set up under the same conditions, are set by decree by the Conseil d’Etat.
The employer and the employee representatives may decide to involve representatives of employees employed in States other than those mentioned in Article L. 2341-1 in the work of the special negotiating body or the European Works Council. These associate members do not have the right to vote within the body in question.