Sub-paragraph 3: Annual consultation on company social policy, working conditions and employment

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Article L2312-26

French Labour CodeIn force

Updated 7 Nov 2023

I.-The annual consultation on the company's social policy, working conditions and employment covers employment trends, qualifications, the multiannual training programme, training initiatives planned by the employer, apprenticeships, conditions for taking on trainees and preventive health and safety initiatives, working conditions, holidays and organisation of working time, working hours, professional equality between men and women and the procedures for exercising employees' right of expression in companies not covered by an agreement on professional equality and quality of life and working conditions containing provisions on this right.

The Committee may issue a single opinion covering all the topics set out in the first paragraph or issue separate opinions during consultations specific to each of these topics.

II - To this end, the employer makes available to the committee, under the conditions set out in the agreement mentioned in article L. 2312-21 or, in the absence of an agreement, in sub-paragraph 4:

1° Information on trends in employment, qualifications, training and wages, on measures to promote the employment of disabled workers, on the number of trainees and the conditions under which they are taken on, on apprenticeships and on the use of fixed-term employment contracts, assignment contracts concluded with a temporary employment agency or contracts concluded with an umbrella company ;

2° Information and quantified indicators on the comparative situation of women and men within the company, mentioned in 2° of article L. 2312-36, as well as the agreement on professional equality between women and men resulting from the negotiations mentioned in 2° of article L. 2242-1 or, failing that, the action plan mentioned in article L. 2242-3 ;

3° Information on the company's staff skills development plan;

4° Information on the implementation of professionalisation contracts and the personal training account;

4° bis Information on the implementation of professional interviews and the summary inventory provided for in article L. 6315-1;

5° Information on working hours relating to :

a) Overtime worked up to and beyond the annual quota applicable in the company;

b) If the annual overtime quota has not been determined by agreement, the arrangements for its use and any overtime worked under the conditions laid down in Articles L. 3121-28 to L. 3121-39 ;

c) An assessment of the part-time work carried out in the company;

d) The number of individual requests made by part-time employees to derogate from the minimum weekly working hours laid down in the first paragraph of article L. 3123-7 and in articles L. 3123-19 and L. 3123-27;

e) The duration and organisation of working hours, the period of paid leave provided for in Articles L. 3141-13 to L. 3141-16, the conditions of application of the adjustments to working hours provided for in Article L. 3121-44 when they apply to part-time employees, the use of fixed-rate agreements and the procedures for monitoring the workload of the employees concerned;

6° Information on the measures taken to facilitate the employment of people injured in the workplace, war invalids and the like, civil invalids and disabled workers, in particular those relating to the application of the obligation to employ disabled workers;

7° Information on the allocation of the contribution on salaries for the construction effort and on the housing conditions for foreign workers that the company intends to recruit;

8° Information on the procedures for exercising employees' right of expression as provided for in Article L. 2281-11;

9° Information relating to secondment contracts concluded with temporary employment agencies, employment support contracts, employment initiative contracts and the factors which led the company to make use, in respect of the past year, and which could lead it to make use for the coming year, of fixed-term employment contracts, assignment contracts concluded with a temporary employment agency or contracts concluded with a freelance administration agency.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

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15+ Years In Corporate Practice

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