Social and Economic Committee (CSE)

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

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 1^to ballot
• Be at least 16 years old
• Enjoying your civil rights

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

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.

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

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 1^to 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.

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

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 1^to ballot
• Be at least 16 years old
• Enjoying your civil rights

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

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.

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

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.

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:

Training

The members of the ETUC receive training.

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.