Section 2: Duties of the social and economic committee in undertakings with at least eleven employees and fewer than fifty employees

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Article L2312-5

French Labour CodeIn force

Updated 7 Nov 2023

The task of the staff delegation on the social and economic committee is to submit to the employer individual or collective complaints relating to wages, the application of the Labour Code and other legal provisions concerning social protection in particular, as well as agreements and arrangements applicable in the company.

It helps to promote health, safety and the improvement of working conditions within the company and carries out investigations into accidents at work or occupational or work-related illnesses. The employer presents it with the list of prevention and protection measures provided for in 2° of III of article L. 4121-3-1.

It exercises the right to alert under the conditions laid down in articles L. 2312-59 and L. 2312-60.

In a limited company, when the members of the staff delegation of the social and economic committee submit complaints which could only be acted upon after deliberation by the board of directors, they are received by the latter, at their request, in the presence of the director or his representative with knowledge of the complaints submitted.

The members of the Committee's staff delegation may submit to the Labour Inspectorate all complaints and observations relating to the application of the legal provisions which it is responsible for monitoring.

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

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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