{"id":9110,"date":"2025-02-11T15:32:37","date_gmt":"2025-02-11T14:32:37","guid":{"rendered":"https:\/\/www.groupe-aplitec.com\/?p=9110"},"modified":"2025-02-11T15:33:14","modified_gmt":"2025-02-11T14:33:14","slug":"the-social-and-economic-committee-3","status":"publish","type":"post","link":"https:\/\/www.groupe-aplitec.com\/en\/human-resources\/the-social-and-economic-committee-3\/","title":{"rendered":"The social and Economic Committee"},"content":{"rendered":"

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Preamble<\/h2>\n

The Social and Economic Committee (CSE in French) is the sole employee representation body that replaces, since the order of 22 September 2017, the three representative bodies that are the works council (CE), the staff delegates (DP) and the health, safety and working conditions committee (CHSCT).<\/p>\n

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1. What is a CSE ?<\/strong><\/span><\/p>\n

The CSE is the employee representation body in the company composed, <\/strong>on the one hand of the elected members of the CSE<\/span> and, on the other hand, of the employer <\/span>or his representative. The CSE must facilitate dialogue between employees and their employer, particularly on individual and collective demands and requests.<\/p>\n

In the absence of a contractual provision, the staff delegation shall comprise an equal number of staff members and substitutes<\/strong> according to the company’s workforce.<\/p>\n

For example, for companies with 11 to 24 employees, the CSE is composed of one member and one substitute and for companies between 25 and 49 employees, the CSE is composed of two members and two substitutes. <\/em><\/p>\n

The members of the CSE staff delegation are elected for a term of 4 years<\/strong> (unless collective agreement provides for a shorter period).\u00a0<\/p>\n

\u00a0The employer must convene the members of the CSE to a meeting<\/strong> at least once a month <\/strong>for companies with 11 to 49 employees.<\/span><\/p>\n

\u00a0On the other hand, for companies with at least 50 employees<\/span>, the number of meetings is fixed by collective agreement but may not be less than 6 per year.\u00a0 In the absence of an agreement, the CSE shall meet at least:<\/p>\n

– once every 2 months in companies with less than 300 employees.<\/p>\n

– once a month in companies with more than 300 employees.<\/p>\n

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2. The obligation to set up the CSE<\/strong><\/span><\/p>\n

The implementation of the CSE is mandatory as soon as the company’s workforce reaches at least 11 employees for 12 consecutive months.<\/span><\/p>\n

This implementation of the CSE is subject to the calculation of the workforce (Labor code<\/em>)<\/span> and includes in the count, employees on permanent contracts, fixed-term contracts (except replacement fixed-term contracts), employees with an intermittent employment contract, employees made available under certain conditions or part-time employees.<\/p>\n

The allocation of the CSE differs depending on whether the company has between 11 and 49 employees<\/span> (reduced allocations) <\/span>or at least 50 employees (extended allocations).<\/span><\/p>\n

NB: The establishment or renewal of the CSE is subject to compliance with strict procedural rules.<\/strong><\/span><\/p>\n

<\/strong><\/span><\/p>\n

3. Sanctions for the lack of a CSE and other consequences<\/strong><\/span><\/span><\/p>\n

\u00a0\u00a0 In the absence of the constitution of a CSE<\/strong>, the employer is exposed to an offence of obstruction,<\/span> which is criminally punishable. In addition, there is also a risk of loss of exemptions from social security contributions and non-access to public contracts.<\/p>\n

The lack of implementation of the CSE also has consequences on the daily life of the company and may hinder certain projects\/decisions of the employer. Below are some concrete examples:<\/p>\n