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Social and Economic Committee (CSE)
Verified 29 September 2022 - Directorate for Legal and Administrative Information (Prime Minister)
The Social and Economic Committee (SSC) is the body representing the staff in the company. It must be implemented in companies with more than 11 employees. The members of the SSC shall be elected by the employees of the company for a maximum period of 4 years. The skills, composition and functioning of the ESC vary depending on the size of the company.
What applies to you ?
Company of less than 11 employees
The establishment of an ETUC is not possible in companies with fewer than 11 employees.
Its establishment becomes mandatory if at least 11 employees are employed for 12 consecutive months.
Company of 11 to 49 employees
The ETUC must be implemented in all companies with at least 11 employees:
- Private law employers and their employees, irrespective of legal form and company activity (commercial businesses, civil businesses, associations)
- Industrial and commercial public establishments
- Public administrative institutions employing staff under private law
Please note
at the end of the term of office of the members of the staff delegation of the SSC, if the company workforce has remained below 11 employees for at least 12 consecutive months, the SSC shall not be renewed.
The employer organises all 4 years the election of the members of the SSC.
The election is organised within 90 days of the employees being informed.
The election shall be held by secret ballot in an envelope or by electronic vote.
To be an elector, you have to fill out the 3 criteria following:
- Be an employee of the company and have at least 3 months of seniority at 1to ballot
- Be at least 16 years old
- Enjoying your civil rights
FYI
for employees made available which are accounted for in the staff of the user company, the condition of presence in the user company shall be 12 continuous months. The employees made available who fulfil these conditions shall choose whether to exercise their right to vote in the company where they are employed or the user company.
In order to run for office, the employee must respond to 4 following:
- Be at least 18 years old
- Have worked in the company for at least 1 year
- Not being a Civil partnership, partner, partner, partner, ascending, downhill, brother, sister and ally to the same extent as the employer
- Not having been convicted of not being an elector and therefore not being elected
FYI
employees working part-time simultaneously in several companies may run for election in one company. They choose the one in which they apply.
The term of office of the members of the ESC shall be: 4 years.
A collective agreement may fix a term of office of between 2 and 4 years.
The ESC includes the employer and a staff delegation.
The delegation of staff shall consist of an equal number of holders and alternates. The alternate shall attend meetings in the absence of the holder.
Workforce (number of employees) | Number of holders |
---|---|
11 to 24 | 1 |
25 to 49 | 2 |
FYI
a reference in the fight against sexual harassment shall be appointed from among the members of the ESC.
ETUC responsibilities
The ETUC's responsibilities are defined according to the company's size.
The mission of the staff delegation to the ESC is to submit individual or collective claims to the employer in the following areas:
- Salaries
- Application of the Labour Code and other legal provisions concerning, in particular, social protection
- Conventions and agreements applicable in the company
It helps promote health, safety and working conditions in the company. It carries out investigations into accidents at work or occupational or occupational diseases.
The employer shall submit to the ETUC the list of preventive and protective measures provided for in single professional risk assessment document (DUERP).
Members may refer to the Labour Inspectorate all complaints and observations concerning the application of the legal provisions for which the ESC is responsible for monitoring.
Right of alert
The ETUC benefits of a right of alert enabling him to ask the employer for details in the following situations:
- Infringement of individual rights (e.g., moral harassment), physical and mental health or individual freedoms (e.g. freedom of expression, opinion) in the company
- Severe and Imminent Danger
- Serious and imminent risk to public health and the environment
Local and Display
The employer shall provide the ESC with a room and a billboard.
Budget
The ETUC has no budget.
Monthly meetings
The employer must call the members of the ESC at least 1 time a month.
The meetings of the SSC shall bring together the employer or his representative and the members of the staff delegation. Alternates participate in meetings in the absence of the incumbents.
Members of the ETUC shall submit their written applications at least 2 business days before the meeting.
The employer will respond in writing within 6 business days of the meeting.
The employer's requests and responses are recorded in a specific register.
This register shall be opened by the employer and shall be made available to the following persons:
- Company employees for 1 working day every 15 days and outside working time
- Labour Inspector
- ETUC Members
Delegation times
Workforce (number of employees) | Number of holders | Monthly number of delegation hours | Total hours of delegation |
---|---|---|---|
11 to 24 | 1 | 10 | 10 |
25 to 49 | 2 | 10 | 20 |
Full members of the ESC shall have 10 hours of delegation per month.
The time spent in meetings of the ESC is paid as working time. No deduction shall be made from this delegation time credit.
Training
The members of the ETUC receive training in the areas of health, safety and working conditions.
The training shall be of a duration of:
- 5 days on their 1to mandate
- 3 days in case of renewal of their mandate.
The time spent on training is spent on working time.
The employee is paid by the employer.
Training time shall not be deducted from delegation time.
Funding for this training is provided by the employer. This training may also be financed by theOpco: titleContent.
Protection
Members of the Staff Delegation to the ESC shall protection against dismissal : they are protected employees.
Protected employee status ensures that the employee's dismissal is not related to his or her duties as a staff representative. This protection is intended, in particular, to protect him from possible retaliation by the employer.
Company of 50+ employees
The ETUC should be implemented in all companies:
- Private law employers and their employees, irrespective of legal form and company activity (commercial businesses, civil businesses, associations)
- Industrial and commercial public establishments
- Public administrative institutions employing staff under private law
Please note
at the end of the term of office of the members of the staff delegation of the SSC, if the company workforce has remained below 11 employees for at least 12 consecutive months, the SSC shall not be renewed.
The employer organises all 4 years the election of the members of the SSC.
The election is organised within 90 days of the employees being informed.
The election shall be held by secret ballot in an envelope or by electronic vote.
To be an elector, you have to fill out the 3 criteria following:
- Be an employee of the company and have at least 3 months of seniority at 1to ballot
- Be at least 16 years old
- Enjoying your civil rights
FYI
for employees made available which are accounted for in the staff of the user company, the condition of presence in the user company shall be 12 continuous months. The employees made available who fulfil these conditions shall choose whether to exercise their right to vote in the company where they are employed or the user company.
In order to run for office, the employee must respond to 4 following:
- Be at least 18 years old
- Have worked in the company for at least 1 year
- Not being a Civil partnership, partner, partner, partner, ascending, downhill, brother, sister and ally to the same extent as the employer
- Not having been convicted of not being an elector and therefore not being elected
FYI
employees working part-time simultaneously in several companies may run for election in one company. They choose the one in which they apply.
The term of office of the members of the ESC shall be: 4 years.
A collective agreement may fix a term of office of between 2 and 4 years.
The number of successive terms of office is fixed at 3. A collective agreement may provide for a number of successive terms above this limit.
The ESC includes the employer and a staff delegation.
The delegation of staff shall consist of an equal number of holders and alternates. The alternate shall attend meetings in the absence of the holder.
In companies of less than 300 employees, union delegate is an ex officio member of the ESC.
In companies of more than 300 employees, each representative trade union organisation in the company or the institution may designate a delegate to sit on the ETUC.
The occupational physician and the internal head of the security service attend the meetings of the ESC on health, safety and working conditions.
FYI
a reference in the fight against sexual harassment shall be appointed from among the members of the ESC.
Workforce (number of employees) | Number of holders |
---|---|
11 to 24 | 1 |
25 to 49 | 2 |
50-74 | 4 |
75-99 | 5 |
100 to 124 | 6 |
125 to 149 | 7 |
150 to 174 | 8 |
175 to 199 | 9 |
200 to 249 | 10 |
250-299 | 11 |
300 to 399 | 11 |
400 to 499 | 12 |
500 to 599 | 13 |
600 to 699 | 14 |
700 to 799 | 14 |
800 to 899 | 15 |
900 to 999 | 16 |
1000 to 1249 | 17 |
1250 to 1499 | 18 |
1500 to 1749 | 20 |
1750 to 1999 | 21 |
2000 to 2249 | 22 |
2250 to 2499 | 23 |
2500 to 2749 | 24 |
2750 to 2999 | 24 |
3000 to 3249 | 25 |
3250 to 3499 | 25 |
3500 to 3749 | 26 |
3750 to 3999 | 26 |
4000 to 4249 | 26 |
4250 to 4499 | 27 |
4500 to 4749 | 27 |
4750 to 4999 | 28 |
5000 to 5249 | 29 |
5250 to 5499 | 29 |
5500 to 5749 | 29 |
5750 to 5999 | 30 |
6000 to 6249 | 31 |
6250 to 6499 | 31 |
6500 to 6749 | 31 |
6750 to 6999 | 31 |
7000 to 7249 | 32 |
7250 to 7499 | 32 |
7500 to 7749 | 32 |
7750 to 7999 | 32 |
8000 to 8249 | 32 |
8250 to 8499 | 33 |
8500 to 8749 | 33 |
8750 to 8999 | 33 |
9000 to 9249 | 34 |
9250 to 9499 | 34 |
9500 to 9749 | 34 |
9750 to 9999 | 34 |
10000 | 35 |
ETUC responsibilities
The mission of the staff delegation to the ESC is to submit individual or collective claims to the employer in respect of:
- Salaries
- Application of the Labour Code and other legal provisions concerning, in particular, social protection
- Conventions and agreements applicable in the company
It helps promote health, safety and working conditions in the company. It carries out investigations into accidents at work or occupational or occupational diseases.
Members may refer to the Labour Inspectorate all complaints and observations concerning the application of the legal provisions for which the ESC is responsible for monitoring.
The ETUC ensures the collective expression of employees. The interests of employees shall be taken into account in decisions on:
- Company management, economic and financial development
- Organisation of work, vocational training and production techniques
The ESC is informed and consulted on matters of organisational, management and general company management, including:
- Measures to affect the size or structure of the workforce
- Change in its economic or legal organisation
- Conditions of employment, working conditions, including working hours, and vocational training
- Introduction of new technologies, any major developments affecting health and safety conditions or working conditions
- Measures taken to facilitate the placing or keeping in work of sick, injured, disabled and disabled workers, in particular on the layout of workstations
Employee expression
The CSE's mission is to ensure the collective expression of employees, allowing their interests to be taken into account in decisions on the following points:
- Company management and economic and financial development
- Organisation of work
- Vocational Training
- Production techniques
General Organisation of the company
The ESC is informed and consulted on matters of organisational, management and general company management, including:
- Measures to affect the size or structure of the workforce
- Change in its economic or legal organisation
- Conditions of employment, working conditions, including working hours, and vocational training
- Introduction of new technologies, any major developments affecting health and safety conditions or working conditions
- Measures taken to facilitate the placing or keeping in work of sick, injured, disabled and disabled workers, in particular on the layout of workstations
The CSE may post information that it has the role of bringing to the attention of employees on mandatory locations and at the doors of entry to workplaces.
Health and safety in the company
In the field of health, safety and working conditions, the CSE has the following tasks:
- It shall carry out an analysis of the occupational risks to which workers, including pregnant women, may be exposed.
- It helps to facilitate women's access to all jobs and the resolution of issues related to motherhood.
- It participates in the adaptation and layout of workstations to facilitate access and retention of persons with disabilities to all jobs during their working life.
- It can encourage any initiative it deems useful, including actions to prevent moral harassment, sexual harassment and gender-based acts.
The ESC conducts regular health, safety and working conditions inspections. It carries out investigations into accidents at work or occupational or occupational diseases.
Labour Inspectorate
During the visits of the Labour Inspection Control Officer, the members of the staff delegation to the EHC shall be informed of his presence by the employer. They may submit their comments.
The screening officer shall be accompanied by a member of the committee staff delegation, if the latter so wishes.
Proposals
The ESC shall, on its own initiative, consider, at the employer's request, any proposal that would improve the following:
- Conditions of employment and vocational training of employees
- Living conditions in the company
- Conditions under which they enjoy complementary collective guarantees
Consultation
The ESC is consulted on the following topics:
- Company strategic directions
- Economic and financial situation of the company
- Company social policy, working conditions and employment
- Implementation of the means of monitoring the activity of employees
- Restructuring and downsizing
- Collective dismissal for economic reasons
- Public takeover bid
- Safeguard, recovery and liquidation procedures
Right of alert
The ETUC shall benefit from right of alert enabling him to ask the employer for details in the following situations:
- Infringement of individual rights (e.g., moral harassment), physical and mental health or individual freedoms (e.g. freedom of expression, opinion) in the company
- Serious and imminent public health and environmental risk
- Knowledge of facts likely to have a worrying effect on the company's economic situation
- Knowledge of facts that may characterise the abuse of fixed-term employment contracts (DCS)
Participation in the Board of Directors
2 members of the staff delegation of the ESC shall attend all meetings of the Management Board or the Supervisory Board in an advisory capacity. They can also attend the general meetings.
Committees
Company of less than 300 employees
In companies with fewer than 300 employees, the setting up of one or more commissions may be decided by company agreement or by agreement between the employer and the SSC.
The Labour Inspection Review Officer may, if he deems it necessary, require the establishment of a Health, Safety and Working Conditions Board.
Company of at least 300 employees
The ETUC is composed of several committees:
- Committee on Health, Safety and Working Conditions responsible for the welfare of employees in the company
- Commission on Training for Continuing Vocational Training
- Information and Housing Assistance Commission to facilitate the employee's access to the property and rental of a dwelling
- Commission on Professional Equality for the Study of company Social Policy
- Contracting Commission responsible for choosing CSE suppliers and providers
Company of at least 1,000 employees
The ETUC is composed of several committees:
- Committee on Health, Safety and Working Conditions responsible for the welfare of employees in the company
- Commission on Training for Continuing Vocational Training
- Information and Housing Assistance Commission to facilitate the employee's access to the property and rental of a dwelling
- Commission on Professional Equality for the Study of company Social Policy
- Contracting Commission responsible for choosing CSE suppliers and providers
- Economic Commission for the Study of company Economic and Financial Documents
Funding
The CSE has an operating budget and a budget for social and cultural activities (CSO).
The employer pays an operating grant to the ESC based on the company size.
The operating budget of the ETUC shall be:
- 0,20% of the gross wage bill in companies with 50 to 1999 employees,
- 0.22% in companies with at least 2000 employees.
The budget for social and cultural activities is established by company agreement.
In the absence of an agreement, the annual contribution is calculated by reference to the gross payroll contribution report for the previous year.
Thus, the gross payroll contribution ratio for year N cannot be less than the same ratio for year N-1.
Example :
A company has been awarded €75,000 grant. The payroll is €750 000.
The ratio of this contribution is 75 000/750 000 = 0,1 therefore 10 %.
The ESC may transfer a portion of its annual operating budget surplus to the CSA budget. Transfer to the CSA budget is possible within 10% of this surplus.
Meetings
The number of meetings of the ESC shall be fixed by collective agreement, but shall not be less than 6 per year.
In the absence of an agreement, the ESC shall meet at least:
- 1 every 2 months in companies with less than 300 employees,
- 1 times a month in companies with more than 300 employees.
The meetings of the SSC shall bring together the employer or his representative and the members of the staff delegation.
In the absence of the employer or members of the staff delegation, their alternates may participate in the meetings.
Resolutions of the ESC shall be taken by a majority of the members present. The proceedings of the SSC shall be recorded in a record drawn up by the Secretary of the Committee.
The employer shall provide the members of the staff delegation of the ESC with the necessary premises to enable them to carry out their duties and, in particular, to meet.
This room is lit, heated and furnished.
Delegation times
Delegation times for ESC members
Full members of the ESC shall have 18 hours of delegation per month.
The time spent in meetings of the ESC is paid as working time. It shall not be deducted from these hours of delegation.
Number of hours of delegation granted to the delegation of staff of the ESC
The number of members and the number of hours of delegation of staff of the ESC shall be determined as follows:
Workforce (number of employees) | Number of holders | Monthly number of delegation hours | Total hours of delegation |
---|---|---|---|
50-74 | 4 | 18 | 72 |
75-99 | 5 | 19 | 95 |
100 to 124 | 6 | 21 | 126 |
125 to 149 | 7 | 21 | 147 |
150 to 174 | 8 | 21 | 168 |
175 to 199 | 9 | 21 | 189 |
200 to 249 | 10 | 22 | 220 |
250-299 | 11 | 22 | 242 |
300 to 399 | 11 | 22 | 242 |
400 to 499 | 12 | 22 | 264 |
500 to 599 | 13 | 24 | 312 |
600 to 699 | 14 | 24 | 336 |
700 to 799 | 14 | 24 | 336 |
800 to 899 | 15 | 24 | 360 |
900 to 999 | 16 | 24 | 384 |
1000 to 1249 | 17 | 24 | 408 |
1250 to 1499 | 18 | 24 | 432 |
1500 to 1749 | 20 | 26 | 520 |
1750 to 1999 | 21 | 26 | 546 |
2000 to 2249 | 22 | 26 | 572 |
2250 to 2499 | 23 | 26 | 598 |
2500 to 2749 | 24 | 26 | 624 |
2750 to 2999 | 24 | 26 | 624 |
3000 to 3249 | 25 | 26 | 650 |
3250 to 3499 | 25 | 26 | 650 |
3500 to 3749 | 26 | 27 | 702 |
3750 to 3999 | 26 | 27 | 702 |
4000 to 4249 | 26 | 28 | 728 |
4250 to 4499 | 27 | 28 | 756 |
4500 to 4749 | 27 | 28 | 756 |
4750 to 4999 | 28 | 28 | 784 |
5000 to 5249 | 29 | 29 | 841 |
5250 to 5499 | 29 | 29 | 841 |
5500 to 5749 | 29 | 29 | 841 |
5750 to 5999 | 30 | 29 | 870 |
6000 to 6249 | 31 | 29 | 899 |
6250 to 6499 | 31 | 29 | 899 |
6500 to 6749 | 31 | 29 | 899 |
6750 to 6999 | 31 | 30 | 930 |
7000 to 7249 | 32 | 30 | 960 |
7250 to 7499 | 32 | 30 | 960 |
7500 to 7749 | 32 | 31 | 992 |
7750 to 7999 | 32 | 32 | 1024 |
8000 to 8249 | 32 | 32 | 1024 |
8250 to 8499 | 33 | 32 | 1056 |
8500 to 8749 | 33 | 32 | 1056 |
8750 to 8999 | 33 | 32 | 1056 |
9000 to 9249 | 34 | 32 | 1088 |
9250 to 9499 | 34 | 32 | 1088 |
9500 to 9749 | 34 | 32 | 1088 |
9750 to 9999 | 34 | 34 | 1156 |
10000 | 35 | 34 | 1190 |
Training
The members of the ETUC receive training.
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Training in health, safety and working conditions
1st mandate
The members of the ETUC receive training in the fields of health, safety and working conditions for a period of 5 days.
Funding for this training is provided by the employer.
Reappointment
ETUC Members
They receive a 3-day course.
Funding for this training is provided by the employer.
Members of the Committee on Health, Safety and Working Conditions in companies with 300 or more employees
They receive a 5-day training.
Funding for this training is provided by the employer.
Economic Training
Members holders of the ESC elected forre times receive an economic training course of up to 5 days.
Funding for this training is provided by the ESC.
Renewal
This training is renewed when the member of the CSE has served for 4 consecutive years or not.
The time spent on training is spent on working time. The employee is paid by the employer. Training time shall not be deducted from delegation time.
Protection
Members of the Staff Delegation to the ESC shall protection against dismissal : they are protected employees.
Protected employee status ensures that the employee's dismissal is not related to his or her duties as a staff representative. This protection is intended, in particular, to protect him from possible retaliation by the employer.
- Labour Code: Articles L2311-1 to L2311-2Implementation of the ESC
- Labour Code: Articles L2312-8 to L2312-10General responsibilities of the ESC
- Labour Code: Articles L2312-11 to L2312-16ETUC responsibilities
- Labour Code: Article L2315-15View
- Labour Code: Article L2312-38Recruitment methods and means of controlling employee activity
- Labour Code: Articles L2312-26 to L2312-35Annual consultation on company social policy, working conditions and employment
- Labour Code: Articles L2315-7 to L2315-13Delegation times
- Labour Code: Articles L2315-16 to L2315-17Training
- Labour Code: Article L2315-18Funding for health, safety and working conditions training
- Labour Code: Article L2315-63Economic Training
- Labour Code: Articles L2314-18 to L2314-25Electorate and eligibility
- Labour Code: Articles L2314-33 to L2314-37Term and end of mandate
- Labour Code: Articles L2314-1 to L2314-3Composition of the ETUC
- Labour Code: Article L2314-10Organisation of elections
- Labour Code: Articles L2315-21 to L2315-22Meetings in companies with less than 50 employees
- Labour Code: Article L2315-28Meetings in companies with less than 300 employees and at least 300 employees
- Labour Code: Article R2314-1Number of members and hours of delegation of staff of the ESC
- Labour Code: Article L2312-59Human rights alert
- Labour Code: Article L2312-60Severe and Imminent Hazard Alert
- Labour Code: Articles L2312-63 to L2312-69Economic warning right
- Labour Code: Articles L2312-70 to L2312-71Right of social alert