In October 2005, the French highest Court specified that, once the special group set up in order to negociate an agreement on a European Works council, its composition cannot be modified to take into account the results of the ballot occured later on. (Réf. 06211)
The article L 439-6 of the Labour code implements the European directive 94/45 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees. This article lays down that trades-unions shall appoint the members of the special negociation body within their elected representatives in the company’s works council in accordance with the results of the last election.
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