Under French law, companies employing 11 or more staff must have a Comité Social et Économique (Social and Economic Committee) or CSE. The main purpose of the CSE is to present the collective views of employees to the employer.
Who makes up the CSE?
CSE representatives are elected among the employees. While the total number of representatives depends on the size of the company, they will generally consist of workers from different business categories (such as management, workers and engineers).
The employer chairs the CSE and is its President, although they mostly do not have the right to vote. The President may be assisted by a colleague (such as the HR Director) who must be familiar enough with the company to deal with all meeting agenda items.
If the company employs 50 or more employees, a CSE treasurer must be appointed. The treasurer is responsible for opening a CSE bank account, paying the committee’s bills, and bookkeeping in accordance with Labour Code.
In larger companies, each of the company’s recognised trades unions may appoint a representative to sit on the CSE.
How is the CSE organised?
A CSE secretary is elected from the members at their first meeting. The secretary is responsible for the day-to-day running of the CSE (also assuming the treasurer’s role if one is not appointed) and will draw up meeting agendas with the President. Each agenda includes workplace-related issues or concerns raised by the employee representatives.
The secretary is then required to draw up, display, and distribute the CSE meeting minutes.
What issues do the CSE consult on?
Every year, the CSE must be consulted on the company’s:
- strategic direction,
- social policy, working conditions, and employment,
- economic and financial situation
In companies employing more than 50 employees, the data required for these mandatory consultations is contained in the base de données économiques, sociales et environnementales (BDESE) – a database that must be made available to the CSE by the employer.
The CSE must also be consulted on any decision that concerns employees, before any action is taken by the employer. The CSE must also be given appropriate time to consider each matter at hand, although in the absence of an agreement it will be assumed that they have offered a negative opinion after a month has passed. This period is extended to two months if guidance has been sought from an expert.
Is the CSE’s opinion binding?
The CSE is backed by the French Labour Code, so while their influence is mostly advisory it should not be ignored. Because it represents the collective view of employees, the CSE’s advice impacts wider company culture by legitimising decisions taken by the employer.
Note that there are some initiatives – referred to as avis conforme – that cannot proceed without the approval of the CSE. These include the implementation of flexitime and the appointment of a new occupational health service.
Can we help with CSE-related matters in your French workplace?
Our qualified and bilingual team is ready to offer support that answers your questions and ensures your company is legally compliant.
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