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Social and Economic Committee (ESC)
Verified 29 September 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Loan from an employee, with his agreement, in another company for a fixed term
The person from whom you come: parent, grandparent, great-grandparent,...
Child, grandchild, great-grandchild
People who are related by marriage rather than blood (for example, brother-in-law, mother-in-law)
Corresponds to all days of the week except the weekly day of rest (usually Sunday) and public holidays usually not worked in the company
The Social and Economic Committee (ESC) is the representative body for staff in the company. It must be implemented in companies with more than 11 employees. The members of the ESC are elected by the company employees for a maximum period of 4 years. The competence, composition and functioning of the EESC vary according to the size of the company.
What applies to you ?
Company of less than 11 employees
A CSE is not possible in companies with fewer than 11 employees.
Its implementation becomes mandatory if the number of employees is at least 11 for 12 consecutive months.
Company of 11 to 49 employees
The EESC must be set up in all companies with at least 11 employees:
- Employers governed by private law and their employees, whatever the legal form and the company's activity (commercial businesses, civil businesses, associations)
- Public industrial and commercial establishments
- Public administrative establishments employing staff under private law
Please note
at the end of the term of office of the members of the staff delegation of the ESC, if the number of employees of the company has remained below 11 for at least 12 consecutive months, the ESC shall not be renewed.
The employer organizes all 4 years the election of members of the ESC.
The poll shall be held within 90 days of informing the employees.
The election shall be held by secret ballot in envelopes or by electronic vote.
To be a voter, you have to fill out the 3 criteria following:
- Be an employee of the company and have at least 3 months of seniority on 1er ballot
- Be at least 16 years of age
- Enjoying your civil rights
FYI
for employees made available which are counted among the staff of the user company, the condition of presence in the user company is 12 continuous months. Employees made available who fulfill these conditions shall choose whether to exercise their right to vote in the employing company or the user company.
In order to run for office, the employee must respond to the 4 conditions following:
- Be at least 18 years of age
- Have worked in the company for at least 1 year
- Not being the husband, partner of Civil partnerships, cohabiting partner, ascendant, descendant, brother, sister and allied to the same degree of the employer
- Not having a conviction against being a voter and therefore against being elected
FYI
employees working part-time simultaneously in several companies may stand for election in a single 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 EESC comprises the employer and a delegation of staff.
The staff delegation shall comprise an equal number of members and alternates. The alternate shall attend meetings in the absence of the holder.
Staff (number of employees) | Number of holders |
|---|---|
11 to 24 | 1 |
25 to 49 | 2 |
FYI
a focal point on combating sexual harassment shall be appointed from among the members of the EESC.
Terms of reference of the ESC
The EESC's remit is defined according to the company's size.
The role of the staff delegation to the EESC is to present individual or collective complaints to the employer on the following points:
- Wages
- Application of the Labor Code and other legal provisions concerning social protection
- Conventions and agreements applicable in the company
It helps to 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 ESC a list of the preventive and protective measures provided for in single occupational risk assessment document (DUERP).
Members may refer to the Labor Inspectorate all complaints and observations relating to the application of the legal provisions which the ESC is responsible for monitoring.
Right of alert
The EESC benefits of a right of alert allowing the employer to request clarification in the following situations:
- Violation of the rights of individuals (e.g. psychological harassment), their physical and mental health or individual freedoms (e.g. freedom of expression, opinion) in the company
- Serious and imminent danger
- Serious and imminent risk to public health and the environment
Local and billboard
The employer shall provide the ESC with a room and a billboard.
Budget
The EESC has no budget.
Monthly meetings
The employer must convene the members of the ESC at least once a month.
The meetings of the ESC bring together the employer or his representative and the members of the staff delegation. Alternates shall attend meetings in the absence of the members.
The EESC members shall submit their written requests at least 2 working days before the meeting.
The employer shall reply in writing within 6 working days of the meeting.
The employer's requests and responses shall be entered 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
- Labor Inspector
- Members of the EESC
Delegation hours
Staff (number of employees) | Number of holders | Monthly number of delegation hours | Total delegation hours |
|---|---|---|---|
11 to 24 | 1 | 10 | 10 |
25 to 49 | 2 | 10 | 20 |
Full members of the ESC are entitled to 10 hours of delegation per month.
The time spent in the EESC meeting is paid as working time. It is not deducted from this delegation time credit.
Training
EESC members are trained in health, safety and working conditions.
The duration of the training shall be:
- 5 days at their 1er mandate,
- 3 days in case of renewal of their mandate.
Time spent on training is taken from working time.
The employee is paid by the employer.
Training time is not deducted from delegation hours.
Funding for this training is provided by the employer. This training can also be funded by theOpco: titleContent.
Protection
Members of the staff delegation to the EESC shall benefit protection against dismissal : they are protected employees.
The protected employee status ensures that the dismissal of the employee is not related to his or her duties as employee representative. This protection is intended, in particular, to protect him from possible reprisals by the employer.
Company of 50 or more employees
The EESC should be established in all companies:
- Employers governed by private law and their employees, whatever the legal form and the company's activity (commercial businesses, civil businesses, associations)
- Public industrial and commercial establishments
- Public administrative establishments employing staff under private law
Please note
at the end of the term of office of the members of the staff delegation of the ESC, if the number of employees of the company has remained below 11 for at least 12 consecutive months, the ESC shall not be renewed.
The employer organizes all 4 years the election of members of the ESC.
The poll shall be held within 90 days of informing the employees.
The election shall be held by secret ballot in envelopes or by electronic vote.
To be a voter, you have to fill out the 3 criteria following:
- Be an employee of the company and have at least 3 months of seniority on 1er ballot
- Be at least 16 years of age
- Enjoying your civil rights
FYI
for employees made available which are counted among the staff of the user company, the condition of presence in the user company is 12 continuous months. Employees made available who fulfill these conditions shall choose whether to exercise their right to vote in the employing company or the user company.
In order to run for office, the employee must respond to the 4 conditions following:
- Be at least 18 years of age
- Have worked in the company for at least 1 year
- Not being the husband, partner of Civil partnerships, cohabiting partner, ascendant, descendant, brother, sister and allied to the same degree of the employer
- Not having a conviction against being a voter and therefore against being elected
FYI
employees working part-time simultaneously in several companies may stand for election in a single 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 shall be 3. A collective agreement may provide for a number of successive terms exceeding this limit.
The EESC comprises the employer and a delegation of staff.
The staff delegation shall comprise an equal number of members and alternates. The alternate shall attend meetings in the absence of the holder.
In the companies of less than 300 employees, on shop steward is an ex officio member of the EESC.
In the companies of more than 300 employees, each representative trade union organization in the company or the institution may appoint a delegate to sit on the ESC.
The occupational physician and the internal head of the safety department shall attend the meetings of the ESC on health, safety and working conditions.
FYI
a focal point on combating sexual harassment shall be appointed from among the members of the EESC.
Staff (number of employees) | Number of holders |
|---|---|
11 to 24 | 1 |
25 to 49 | 2 |
50 to 74 | 4 |
75 to 99 | 5 |
100 to 124 | 6 |
125 to 149 | 7 |
150 to 174 | 8 |
175 to 199 | 9 |
200 to 249 | 10 |
250 to 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 |
10,000 | 35 |
Terms of reference of the ESC
The role of the staff delegation to the EESC is to present individual or collective complaints to the employer on the following points:
- Wages
- Application of the Labor Code and other legal provisions concerning social protection
- Conventions and agreements applicable in the company
It helps to 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 Labor Inspectorate all complaints and observations relating to the application of the legal provisions which the ESC is responsible for monitoring.
The EESC ensures the collective expression of employees. The interests of employees are taken into account in decisions on the following points:
- Company management, economic and financial development
- Work organization, vocational training and production techniques
The ESC is informed and consulted on matters concerning the organization, management and general operation of the company, in particular on the following points:
- Measures likely to affect the size or structure of the workforce
- Change in its economic or legal organization
- Conditions of employment, working conditions, including hours of work, and vocational training
- Introduction of new technologies, any major changes in health and safety conditions or working conditions
- Measures taken to facilitate the entry into or retention at work of the sick, the injured, the disabled and disabled workers, in particular the fitting-out of workstations
Expression of employees
The EESC's task is to ensure the collective expression of employees, allowing their interests to be taken into account on a permanent basis in decisions on the following points:
- Management and economic and financial development of the company
- Organization of work
- Vocational training
- Production techniques
General organization of the company
The ESC is informed and consulted on matters concerning the organization, management and general operation of the company, in particular on the following points:
- Measures likely to affect the size or structure of the workforce
- Change in its economic or legal organization
- Conditions of employment, working conditions, including hours of work, and vocational training
- Introduction of new technologies, any major changes in health and safety conditions or working conditions
- Measures taken to facilitate the entry into or retention at work of the sick, the injured, the disabled and disabled workers, in particular the fitting-out of workstations
The CSE may display the information it is responsible for making employees aware of mandatory locations and at the entrance doors to the workplace.
Health and safety in the company
In the field of health, safety and working conditions, the EESC has the following tasks:
- It shall carry out an analysis of the occupational risks to which workers, in particular pregnant women, may be exposed.
- It helps to facilitate women's access to all jobs and to solve maternity-related problems.
- It participates in the adaptation and fitting-out of workplaces to facilitate access to and maintenance of all jobs for people with disabilities during their working life.
- It may initiate any initiative which it considers useful and propose, in particular, measures to prevent psychological harassment, sexual harassment and sexist acts.
The ESC carries out regular inspections of health, safety and working conditions. It carries out investigations into accidents at work or occupational or occupational diseases.
Labor inspection
During the visits of the labor inspectorate control officer, the members of the staff delegation at the EESC are informed of his presence by the employer. They may make their comments.
The control officer shall be accompanied by a member of the delegation of the staff of the Committee, if the latter so wishes.
Proposals
The ESC shall, on its own initiative, draw up and examine, at the request of the employer, any proposal for improving the following points:
- Working conditions, employment and vocational training of employees
- Living conditions in the company
- Conditions under which they benefit from additional collective guarantees
Consultation
The EESC 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 redundancy for economic reasons
- Takeover bid
- Safeguard, recovery and winding-up proceedings
Right of alert
The CSE benefits from right of alert allowing the employer to request clarification in the following situations:
- Violation of the rights of individuals (e.g. psychological harassment), their physical and mental health or individual freedoms (e.g. freedom of expression, opinion) in the company
- Serious and imminent danger to public health and the environment
- Knowledge of facts likely to have a worrying effect on the economic situation of the company
- Knowledge of facts that may characterize an abuse of fixed-term employment contracts (fixed-term contracts)
Membership of the Board of Directors
2 members of the EESC staff delegation shall attend all meetings of the Management Board or the Supervisory Board in an advisory capacity. They may also attend general meetings.
Commissions
Company of less than 300 employees
In companies with fewer than 300 employees, the setting up of one or more committees may be decided by company agreement or by agreement between the employer and the CSE.
The labor inspectorate may, if it deems it necessary, require the establishment of a health, safety and working conditions commission.
Company of at least 300 employees
The EESC is composed of several committees:
- Health, Safety and Working Conditions Committee responsible for the welfare of the employee within the company
- Committee on Training to Study Continuing Vocational Training Schemes
- Commission d'information et d'aide au habitation responsible for facilitating the employee's access to the ownership and rental of a dwelling
- Committee on Equal Opportunities for Employment and Social Development to study company social policy
- Committee on Contracts responsible for selecting suppliers and providers of the ESC
Company of at least 1 000 employees
The EESC is composed of several committees:
- Health, Safety and Working Conditions Committee responsible for the welfare of the employee within the company
- Committee on Training to Study Continuing Vocational Training Schemes
- Commission d'information et d'aide au habitation responsible for facilitating the employee's access to the ownership and rental of a dwelling
- Committee on Equal Opportunities for Employment and Social Development to study company social policy
- Committee on Contracts responsible for selecting suppliers and providers of the ESC
- Economic Commission for the Study of the Economic and Financial Documents of the company
Financing
The EESC has an operating budget and a budget for social and cultural activities (SCAs).
The employer provides an operating grant to the CSE based on the size of the company.
The operating budget of the EESC is set at:
- 0.20% of the gross wage bill in companies from 50 to 1999 employees,
- 0.22% in companies with at least 2000 employees.
The budget for social and cultural activities is set by company agreement.
In the absence of an agreement, the annual contribution shall be calculated by reference to the ratio of the contribution to the gross wage bill for the preceding year.
Thus, the ratio of the contribution to the gross wage bill for year N cannot be less than the same ratio existing for year N-1.
Example :
A company has assigned €75,000 of subsidy. The payroll is €750,000.
The ratio of this contribution is 75,000/750,000 = 0.1, i.e. 10%.
The SC may transfer part of the annual surplus of its operating budget to the CSA budget. Transfer to the CSA budget is possible within 10% of that surplus.
Meetings
The number of meetings of the ESC shall be fixed by collective agreement, but may not be less than 6 per year.
In the absence of agreement, the ESC shall meet at least:
- once every 2 months in companies with less than 300 employees,
- Once a month in companies with more than 300 employees.
The meetings of the ESC bring together the employer or his representative and the members of the staff delegation.
In the absence of the employer or the members of the staff delegation, their alternates may take part in the meetings.
ESC resolutions shall be adopted by a majority of the members present. The proceedings of the ESC shall be recorded in minutes drawn up by the Secretary of the Committee.
The employer shall provide the members of the ESC staff delegation 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 hours
Hours of delegations granted to EESC members
Full members of the ESC are entitled to 18 hours of delegation per month.
The time spent in the EESC meeting is paid as working time. It is not deducted from these delegation hours.
Number of delegation hours granted to the EESC staff delegation
The number of members and the number of hours of delegation of the EESC staff delegation shall be as follows:
Staff (number of employees) | Number of holders | Monthly number of delegation hours | Total delegation hours |
|---|---|---|---|
50 to 74 | 4 | 18 | 72 |
75 to 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 to 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 |
10,000 | 35 | 34 | 1190 |
Training
EESC members receive training.
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Training health, safety and working conditions
1st term
The EESC members are trained in the fields of health, safety and working conditions for a period of 5 days.
Funding for this training is provided by the employer.
Renewal of mandate
Members of the EESC
They receive 3 days of training.
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 5 days of training.
Funding for this training is provided by the employer.
Economic training
Members holders of the ESC elected for 1re They shall receive an economic training course of a maximum duration of 5 days.
Funding for this training is provided by the EESC.
Renewal
This training shall be renewed when the member of the ESC has served for four consecutive years or not.
Time spent on training is taken from working time. The employee is paid by the employer. Training time is not deducted from delegation hours.
Protection
Members of the staff delegation to the EESC shall benefit protection against dismissal : they are protected employees.
The protected employee status ensures that the dismissal of the employee is not related to his or her duties as employee representative. This protection is intended, in particular, to protect him from possible reprisals by the employer.
Setting up of the EESC
General responsibilities of the ESC
Terms of reference of the ESC
Display
Methods of recruitment and means of monitoring the activity of employees
Annual consultation on company social policy, working conditions and employment
Delegation hours
Funding for training, health, safety and working conditions
Financing economic training
Electorate and eligibility
Term and end of term
Composition of the ESC
Organization of elections
Meetings in companies with less than 50 employees
Meetings in companies with less than 300 employees and at least 300 employees
Number of members and delegation hours of the EESC staff delegation
Alerting in the event of an infringement of the rights of individuals
Serious and imminent danger alert
Right of economic alert
Right of social alert