French Labour Code
In forceWhen a profit-sharing or incentive agreement, or a company savings plan, an inter-company savings plan, a collective retirement savings plan or a collective company retirement savings plan is concluded otherwise than within the framework of 1° of I of article L. 3312-5, the documents which are filed on the tele-procedure platform mentioned in article D. 2231-4 under the conditions provided for in this article and in II of article D. 2231-2 include :
1° If the agreement was concluded between the employer and the representatives of trade union organisations, the statement that these representatives have the status of trade union delegates or, failing that, the text of the mandate authorising them to sign the agreement ;
2° If the agreement was concluded within a social and economic committee between the employer and the staff delegation acting by majority, the minutes of the meeting;
3° If the agreement results, after consultation of all the employees on the company's payroll, from ratification by two-thirds of the employees of the draft proposed by the employer:
a) Either the signatures of the signatory employees on the nominative list of all employees ;
b) Or a report on the consultation.
When the employer's unilateral decision results from the failure of negotiations with the trade union delegate(s) or the social and economic committee, the documents that are filed on the tele-procedure platform mentioned in article D. 2231-4 under the conditions provided for in this article and in II of article D. 2231-2 include the minutes of disagreement in which the respective proposals of the parties are recorded in their final state and the minutes of the consultation of the social and economic committee.
