Ethix

1. PREREQUISITE

2 cases are possible:

• ETHIX is already assisting the Work’s Council (in the analysis of Annual statement of accounts or any other issue). In this case, we evaluate together the opportunity of starting this procedure and its related conditions.
• The Work’s Council is not assisted by ETHIX. In this case, we advise you to contact us before processing such procedure. 

2. MENTION IN THE AGENDA OF THE WORK'S COUNCIL

For instance:
"The Work’s Council is noticed about a decrease in turnover, orders and the activity of the company. Consequently, they ask the Board: Is the decrease punctual or durable? Which measures are planned to improve the situation? Does the company have enough financial assets to boost this activity? "


3. ANSWER OF THE BOARD AT THE NEXT MEETING OF THE WORK'S COUNCIL

During the following meeting of the Work’s Council, the Board must give answers to those questions. 2 cases are possible:

• The Work’s Council considers that the situation of the company is not as worrying as it was at the first sight regarding the answers given by the Board. Thus, the warning notice process is stopped.
  
• The Work’s Council considers that the answers given by the Board are not sufficient or confirm the worrying side of the economical situation of the company. In this case, the warning notice process is going on and the Work’s Council can be helped by a Chartered Accountant.

This decision and the naming of a Chartered Accountant have to be approved by vote on the following basis: "After having studied the answers of the Board, the Works’ Council confirms the worrying side of the economical situation of the company. Consequently, they will write a report [or will ask its Economical Committee to do it] and name ETHIX to assist them as mentioned in the French Labour Code, L2323-79 and L2325-35 articles."


4. CONCERTED WORK BETWEEN THE WORK'S COUNCIL (OR THE ECONOMICAL COMMITTEE) AND ETHIX

None period of time is required by law for this work. Nevertheless, the emergency of the economical situation must be taken in account. In other words, wide investigating means are at the disposal of the Expert. Thus, he is able to analyse the real reasons of difficulties, point out their origin, and submit forward-looking solutions.
ETHIX always manages this assistance close together with the Work’s Council (or the Economical Committee). ETHIX restores its analysis in a detailed report which ends by an advice summarizing in a few pages its arguments and forward-looking solutions. 
The Work’s Council (or Economical Committee) report is generally based on Ethix report but separate. It can be made of 2 or 3 pages because there is no requirement on its size. But it must be concluded by the decision to go on the warning notice process or to stop it.


5. STUDY OF THESE REPORTS DURING THE PLENARY MEETING OF THE WORK'S COUNCIL

ETHIX report and Work’s Council report will be discussed during the plenary meeting. On this occasion, the Works’ Council must decide: