(Law n ° 89-549 of August 2, 1989 art. 20 Official Journal of August 8, 1989)
(Ordinance n ° 2004-602 of June 24, 2004 art 13 I Official Journal of June 26, 2004)
The works council, which intends to use the option of having recourse to the assistance of a chartered accountant in application of the first paragraph of article L. 434-6,
takes its decision at the first meeting provided for in the fourth paragraph of Article L. 321-3.
The accountant may also be assisted by a technical expert under the conditions provided for in the penultimate paragraph of article L. 434-6.
In this case, the works council holds a second meeting at the earliest on the twentieth and at the latest on the twenty-second day after the first. It holds a third meeting within a period of time after its second meeting. This period may not be greater than fourteen days when the number of dismissals is less than one hundred, twenty-one days when the number of dismissals is at least equal to one hundred and less than two hundred and fifty and twenty-eight days when the number of dismissals is at least equal to two hundred and fifty, without prejudice to the more favorable provisions provided for in collective labor agreements or agreements.
The employer mentions this decision of the works council in the notification that he is required to make to the competent administrative authority in application of the first two paragraphs of article L. 321-7. He informs the latter of the date of the second meeting of the works council. He also sends him any changes to the dismissal plan at the end of the second and, if applicable, the third meeting. The minutes of each of the three meetings are sent at the end of each one to the competent administrative authority.
The deadlines mentioned in the first paragraph of Article L. 321-6 run from the fourteenth day following the notification provided for in the previous paragraph. The deadlines granted to the competent administrative authority in the fourth paragraph of Article L. 321-7 run from the day after the second meeting of the works council. They expire at the latest four days before the expiry of the periods mentioned in the first paragraph of article L. 321-6.
When the central works council calls on a chartered accountant in application of the provisions of article L. 321-2, only the provisions of the first three paragraphs of this article are applicable.
The competent administrative authority is informed of the consultation of the central works council and, where applicable, of the appointment of a chartered accountant.