Key Benefits:
Publics concerned: companies and groups of enterprises of a community dimension who employ at least 1,000 employees in the Member States of the European Union and at least 150 employees in at least two Member States as well as companies or groups of companies with their seats outside the European Union that meet the same conditions of staffing and settlement in two different Member States.
Subject: Transposition of Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 which revises European Directive No. 94/45/EC of 22 September 1994 concerning the establishment of a European works council or a procedure in community-based enterprises and community-based groups of enterprises to inform and consult workers.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree amends the composition of the special negotiating group and the European works council established without agreement by placing the principle of proportional representation of the number of employees in each Member State and removing any reference to a minimum and maximum number of members.
References: the provisions of Labour code, as amended by this decree, can be found on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Labour, Employment and Health,
Having regard to Directive 2009/38/EC of the European Parliament and the Council of 6 May 2009 on the establishment of a European works council or a procedure in community-based enterprises and community-based groups of enterprises to inform and consult workers;
Vu le Labour codeincluding articles L. 2344-1 and R. 2344-1;
Considering the opinion of the National Collective Bargaining Commission dated 6 July 2011;
The State Council (Social Section) heard,
Decrete:
Section R. 2344-1 of the Labour Code is replaced by the following provisions:
"Art. R. 2344-1.-The number of seats in the special negotiating group and the European works council established in the absence of agreement for each of the States referred to in Article L. 2341-1 shall be determined according to the following rules:
1° Up to 10% of the total strength: 1 seat;
2° Over 10% to 20% of the total strength: 2 seats;
3° Over 20% to 30% of the total strength: 3 seats;
4° Over 30% to 40% of the total strength: 4 seats;
5° Over 40% to 50% of the total strength: 5 seats;
6° Over 50% to 60% of the total strength: 6 seats;
7° Over 60% to 70% of the total strength: 7 seats;
8° Over 70% to 80% of the total strength: 8 seats;
9° Over 80% to 90% of the total strength: 9 seats;
10° Over 90% of the total strength: 10 seats. »
Section R. 2344-2 is repealed.
The Minister of Labour, Employment and Health is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 31 October 2011.
François Fillon
By the Prime Minister:
The Minister of Labour,
employment and health,
Xavier Bertrand
