Decree No. 2011-1414 Of 31 October 2011 On The Composition Of The Special Negotiating Body And The European Works Council

Original Language Title: Décret n° 2011-1414 du 31 octobre 2011 relatif à la composition du groupe spécial de négociation et du comité d'entreprise européen

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translated texts
Directive 2009/38 / EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of undertakings Community dimension for informing and consulting employees (recast)
Summary


Application of Article 22 of the law 2011-302.
Complete transposition of Directive 2009/38 / EC of the European Parliament and of the Council on the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of companies of dimension Community for informing and consulting employees (recast). Keywords


JOB,
CORPORATE GROUP COMPANIES
, SPECIAL GROUP
NEGOTIATION COMMITTEE EUROPEAN CORPORATE
,
ORGANIZATION MISSION
,
OPERATION, COMPOSITION
,
JURISDICTION DIRECTIVE
EUROPEAN FULL IMPLEMENTATION
JORF No. 0254 of 1 November 2011

page 18425 text n ° 16

Decree No. 2011-1414 of 31 October 2011 on the composition of the special negotiating body and the European works council NOR
:
ETST1122144D ELI: https: //www.legifrance.gouv. fr / eli / decree / 2011/10/31 / ETST1122144D / jo / text
AKA: https://www.legifrance.gouv.fr/eli/decret/2011/10/31/2011-1414/jo/
text

Audiences: companies and groups of Community-scale undertakings employing at least 1 000 employees within 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 headquartered outside the European Union who meet the same conditions of staff and implementation in two different Member States.
Subject: transposition of Directive 2009/38 / EC of the European Parliament and of the Council of 6 May 2009 revising the EU Directive 94/45 / EC of 22 September 1994 on the establishment of a European Works Council or a procedure in Community-scale undertakings and groups of Community-scale undertakings to inform and consult employees.
Effective: the text comes into force the day after its publication.
Notice: The Order amends the composition of the special negotiating body and the European Works Council established without agreement by establishing the principle of proportional representation of the number of employees in each Member State and by removing any reference to a minimum and maximum number of members.
References: the provisions of the Labour Code, as modified by this Order, are available on the website Légifrance (http://www.legifrance.gouv.fr).
Prime Minister
On the report of the Minister of Labour, Employment and Health,
Given the Directive 2009/38 / EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings to inform and consult employees;
Given the labor code, in particular Articles L. 2344-1 and R. 2344-1;
Considering the opinion of the National Collective Bargaining Commission dated 6 July 2011;
The Council of State (social section) heard
Decrees:


Article 1
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Article R. 2344-1 of the Labour Code is replaced by the following:
"Art. R. 2344-1.-The number of seats in the special negotiating body and the European Works Council set up in the absence of agreement to the States mentioned in Article L. 2341-1 is fixed according to the rules following:
1 Up to 10% of the total workforce: 1 seat;
2 ° over 10% to 20% of the total: 2 seats;
3 ° over 20% to 30% of the total: 3 seats;
4. In addition 30% to 40% of the total: 4 seats;
5. In addition 40% to 50% of the total: 5 seats;
6. In addition from 50% to 60% of the total: 6 seats;
7. In addition 60% to 70% of the total workforce: 7 seats;
8. Additionally 70% to 80% of the total: 8 seats;
9 ° From more than 80% to 90% of the total: 9 seats;
10 ° Over 90% of the total 10 seats. "

Article 2
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Article R. 2344-2 is repealed.


Article 3 More about this article ...

The Minister of Labour, Employment and Health is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.


Dated October 31, 2011. Fillon


By the Prime Minister:
Labour Minister,
employment and health, Xavier Bertrand

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