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Social and Economic Committee

Verified 31 mars 2022 - Legal and Administrative Information Directorate (Prime Minister)

The Social and Economic Committee (SSC) is the body representing the staff in the company. The ETUC 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. Its skills, composition and functioning vary depending on the size of the company.

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 the number of employees of at least 11 is reached 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 has remained below 11 employees for at least 12 consecutive months, the SSC shall not be renewed.

The employer organises all 4 years 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 must meet the following 3 criteria:

  • 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 is 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.

To run for election, the employee must meet the following 4 conditions:

  • Be at least 18 years old
  • Have worked in the company for at least 1 year
  • Not being a Civil partnership, 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 between 2 and 4 years.

The ESC includes the employer and a staff delegation.

The delegation of staff shall comprise an equal number of holders and alternates. The alternate shall attend meetings in the absence of the holder.

Number of members of the delegation of ETUC staff by company staff

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 among the members of the ESC.

ESC functions

The ETUC's responsibilities are defined according to the size of the company.

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.

The employer shall submit to the ESC the list of preventive and protective measures provided for in the Single 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 ESC benefits 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
  • Serious and imminent danger
  • Serious and imminent danger 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 attend meetings in the absence of the incumbents.

ETUC members 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

Number of hours of delegation of EHC staff per company staff

Workforce (number of employees)

Number of holders

Monthly delegation hours

Total delegation hours

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 SSC 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.

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 termination 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 ESC 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 has remained below 11 employees for at least 12 consecutive months, the SSC shall not be renewed.

The employer organises all 4 years 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 must meet the following 3 criteria:

  • 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 is 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.

To run for election, the employee must meet the following 4 conditions:

  • Be at least 18 years old
  • Have worked in the company for at least 1 year
  • Not being a Civil partnership, 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 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 above this limit.

The ESC includes the employer and a staff delegation.

The delegation of staff shall comprise 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 employeeseach 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 among the members of the ESC.

Number of members holding the delegation of ETUC staff by company staff

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

ESC functions

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 CSE ensures the collective expression of employees. Employee interests are taken into account in decisions on:

  • Management, economic and financial development of the company
  • 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 staff
  • 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 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
  • 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 staff
  • 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 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 the workplace.

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 maintenance of disabled persons 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 inspection

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:

  • 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
  • Procurement
  • Safeguard, recovery and liquidation procedures

Right of alert

The ETUC benefits 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 danger to public health and the environment
  • 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 (SDCs)

Participation in the Management Board

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 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 considers 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
  • Committee on Professional Equality on 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
  • Committee on Professional Equality on 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 size of the company.

The operating budget of the ESC 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 was awarded €75,000 grant. The payroll is EUR 750 000The ratio of this contribution is 75 000/750 000 = 0,1 therefore 10 %.

The ESC may transfer part 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 not 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.

Delegation times

Delegation times for ESC members

Full members of the ESC shall have 16 hours of delegation per month.

The time spent in meetings of the SSC 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 ESC staff

The number of members and the number of hours of delegation of staff of the ESC shall be as follows:

The number of hours of delegation of staff of the ESC by company staff

Workforce (number of employees)

Number of holders

Monthly delegation hours

Total delegation hours

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
Members of the Social and Economic Committee

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 5 days 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 termination 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.