French Labour Code
In forceThe special negotiating body takes its decisions by an absolute majority of its members, who must also represent an absolute majority of the employees of the participating parties and of the subsidiaries or establishments concerned. Each member has one vote.
By way of derogation from the first paragraph, the decision not to open negotiations or to close negotiations already opened and to apply the rules on information and consultation in force in the Member States where the European Cooperative Society employs employees shall be taken by a majority of two thirds of the members of the special negotiating body, coming from at least two Member States and provided that they represent at least two thirds of the employees of the participating persons as well as of the subsidiaries and establishments concerned. In this case, Chapter III of this Title shall not apply. Such a decision may not be taken in the case of a European Cooperative Society constituted by transformation where there is a system of participation in the cooperative which is to be transformed.
Where the participation concerns at least 25% of the total number of employees of the participating persons in the case of the incorporation of a European Cooperative Society by way of merger, or at least 50% of such total number in the case of incorporation by any other means, with the exception of the case provided for in the first paragraph of article L. 2362-12, the majority required is that provided for in the second paragraph of this article if the special negotiating body intends to set a number or proportion of the members of the supervisory or administrative body through which employees exercise their participation rights at a lower level than that which was the highest within one of the participating entities.
