French Labour Code
In forceEmployee participation is implemented in accordance with Articles L. 225-28 to L. 225-56 and L. 225-79 to L. 225-93, L. 22-10-8 to L. 22-10-17 and L. 22-10-23 to L. 22-10-30 of the French Commercial Code.
Notwithstanding the first paragraph, a special negotiation body with legal personality shall be set up as soon as possible after publication of the proposed cross-border transaction if one of the following conditions is met:
1° At least one of the companies involved in the cross-border operation applies rules on employee profit-sharing and employs, during the six-month period preceding publication of the draft terms of merger, an average number of employees equivalent to at least four-fifths of the threshold above which the rules on employee profit-sharing apply ;
2° The company resulting from the cross-border merger does not guarantee at least the same level of employee participation, assessed on the basis of the proportion of representatives among the members of the board of directors, the supervisory board or the committee referred to in Article L. 2373-1 of this Code, as the level of employee participation applicable to the companies participating in the cross-border merger prior to the latter taking effect;
3° The company resulting from the cross-border operation does not guarantee that the employees of its establishments located in a Member State of the European Union other than that of destination benefit from the same rights as the employees of its establishments located in the Member State of destination.
