What is the right of alert of the Social and Economic Committee (ESC)? 

When a member of the ESC: titleContent finds in the company an infringement of the rights of individuals, their physical or mental health or individual freedoms, he must immediately bring the matter before the employer.

The employer then proceeds without delay an investigation with the member of the ESC. It shall take the necessary measures to remedy the situation.

If the employer does not take any action or if there is a discrepancy on this breach, the CSE member must notify the employee in writing which it intends to seize the prud'hommes council.

This is only possible if the employee agrees.

The member of the ESC: titleContent if a serious and imminent danger is identified, the employer must be alerted immediately. The alert shall be recorded in writing in the Register of Serious and Imminent Hazards which has been opened by the employer.

This alert must be dated and signed. It shall contain the following information:

• Workstations affected by the cause of the observed hazard

• Nature and cause of this danger

• Name of exposed workers

The employer shall immediately investigate the matter with the member of the ESC who triggered the alert. It shall take the necessary measures to remedy the situation.

At the end of the investigation, an information sheet is sent to the labor inspector.

In the event of disagreement between the employer and the member of the ESC, the employer shall convene the ESC within a maximum of 24 hours.

The labor inspector and the officer of the health prevention service Carsat: titleContent shall be informed and may attend the meeting.

The employer may be formal notice by the Dreets: titleContent to remedy the situation.

A member of the ESC: titleContent if he finds in the company that the products or manufacturing processes used or carried out by the establishment present a serious risk to public health or the environment, he shall notify his employer.

The alert shall be recorded in writing in a special register which has been opened by the employer.

The alert is dated and signed. It shall contain the following information:

• Products or manufacturing processes used or carried out by the establishment which the EESC member considers in good faith to pose a serious risk to public health or the environment

• Possible consequences for public health or the environment

• Any other information relevant to the assessment of the recorded alert

The employer shall examine the situation together with the member of the ESC. He shall inform him of the action he takes in response to the alert.

In case of discrepancy with the employer on the merits of an alert transmitted by a member of the ESC or in the absence of follow-up within a month, the staff representative may refer the matter to the prefect of the department.

When the ESC: titleContent if the employer is aware of facts which may have a worrying effect on the company's economic situation, he may ask the employer to provide him with explanations.

This request must be on the agenda of the next EESC meeting.

If the CSE was unable to obtain an adequate response from the employer, the CSE will prepare a report.

It shall also draw up a report if the employer's response confirms that the situation is of concern.

The report shall be forwarded to the employer and to the auditor.

Where a significant increase in the number of employees in CSD: titleContent or assignment contract (interim) is noted, the ESC alerts the employer.

This increase may have occurred after the last meeting of the ESC: titleContent having addressed this subject. In this case, this alert shall be placed on the agenda of the next meeting of the ESC, if the majority of members so request.

On this occasion, the employer shall inform the ESC of:

• Number of employees with fixed-term employment contracts and temporary employees
• Reasons for his recourse to such recruitment
• Number of working days completed by stakeholders since the last communication on this subject.

The ESC may refer these findings to the labor inspectorate.

It may also do so if it has knowledge of facts likely to characterize a misuse of this type of contract.

The employer must then specify, at the request of the labor inspectorate, the means he is using to limit the use of precarious contracts."

The EESC member is protected against dismissal in the exercise of its mandate.