Revistes Catalanes amb Accés Obert (RACO)

Concentration and merger transaction, Time and Information and consultation of the works council in French law

David Jonin, Francis Kessler

Abstract


Obligation to hold a meeting with the works council within three days following the publication of a statement relating to the notification of the contemplated concentration-merger transaction released by the competent authority. During this meeting, it will be possible for the works council to appoint a “concentration-merger” expert within the scope of this procedure.
- Obligation to inform and consult the works council within the framework of the provisions of Article L.2323-6 of the French Labor Code in relation to the contemplated transfer.

- Obligation to provide the members of the works council with precise, written information regarding the transaction. This obligation can require that the employer provide considerable information regarding the group’s companies –even if located abroad.

- The time frame for the information and consultation procedure will range between 15 days and 3 months maximum (save an agreement with the works council for a longer procedure). In principle, this time frame begins to run from the date the summons to the information and consultation meeting for the contemplated transfer transaction is sent to the members of the works council.

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ISSN: 1699-2938