All of French Company Law: ordinary law of companies and specific regime for different types of companies

Company Law (en cours)

The Macron Ordinance of 22 September 2017  merged three former structures—the works council, staff delegates, and the health, safety, and working conditions committee—into a single entity called the Social and Economic Committee (CSE). Article L. 2312-8 of the Labor Code provides that the Social and Economic Committee is tasked with ensuring a collective expression of employees, allowing for the o …

Defense of employees' interests in management decisions.

AUZERO, The Social and Economic Committee, BJS 2018, 131; PETIT, The Transformations of Employee Representation. From the Social and Economic Committee to the Works Council, Rev. sociétés 2020, 7.

The Macron Ordinance of 22 September 2017  merged three former structures—the works council, staff delegates, and the health, safety, and working conditions committee—into a single entity called the Social and Economic Committee (CSE). Article L. 2312-8 of the Labor Code provides that the Social and Economic Committee is tasked with ensuring a collective expression of employees, allowing for the ongoing consideration of their interests in decisions related to the management and economic and financial development of the undertaking, work organization, professional training, and production techniques, particularly with regard to the environmental consequences of these decisions. In this capacity, it is informed and consulted on matters concerning the organization, management, and general operation of the undertaking .

In companies, two members of the employee delegation of the Social and Economic Committee, one belonging to the category of technical managers and supervisors, the other to the category of employees and workers, attend all meetings of the board of directors or the supervisory board, as the case may be, with an advisory vote . The appointment of two employee representatives as members of the supervisory board by the company's Social and Economic Committee must, however, be annulled when there is a group committee, which alone can proceed with their appointment . The judge further considers that the fact that the bureau of the Social and Economic Committee has not yet been fully constituted following the last elections does not justify its absence from mandatory convocation to a board of directors meeting dedicated to the dismissal of an executive .

The Social and Economic Committee of a joint stock company, which sits with an advisory vote on the board of directors, is authorized to bring a dispute before the Commercial Court regarding the regularity of a meeting due to a failure to communicate corporate documents to its members, as well as to seek the nullity of subsequent resolutions adopted by the general meeting .

Ord. No 2017-1386 of 22 September 2017, on the new organization of social and economic dialogue in the undertaking and promoting the exercise and enhancement of trade union responsibilities.

Cass. soc., 28 November 2000, LawLex202200005865JBJ, holding that the Social and Economic Committee must be informed and consulted on the marketing methods of a new group insurance contract insofar as they affect the employees' remuneration scheme, even if they do not necessarily disadvantage them.

Cass. soc., 23 November 2022, LawLex202300008284JBJ.

CA Paris, 2 December 2021, LawLex202300008969JBJ.

CA Nîmes, 3 March 2021, LawLex202300008968JBJ.

Company Law (en cours)

516. Defense of employees' interests in management decisions.(1)

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Les notions juridiques connexes

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