• Human resources
  • Calendar01 JAV 20
  • Time10 open days
  • 1 SUR 6
court hammer
infoTheoretical penalty(s) of non-compliance subject to the judge's discretion and, where applicable, to certain conditions
  • [to be determined] € Finecourt hammer
    infoObstructing the regular operation of the social and economic committee - Fine
  • 12 month of detentioncourt hammer
    infoObstructing the regular operation of the social and economic committee - Jail
  • 1 Damage to reputationcourt hammer
    infoRisk of inconsistency with company values - Responsible Governance

    Social and Economic Committee ('CSE') - Establishment and operation


    Scope of application

    The Social and Economic Committee (SEC) must be implemented in all companies that have at least 11 employees for the last 12 months, unless a collective agreement provides for a lower threshold, such as in sport (IDCC 2511) where the threshold is set at 7 employees.

    The obligation to set up a SEC applies:
    • to all private law employers and their employees, whatever the legal form and activity of the company (commercial companies, civil companies, associations),
    • to public establishments of an industrial and commercial nature,
    • to public administrative establishments employing staff governed by private law.
    A CSE must also be set up within an Economic and Social Unit ('UES').

    Description

    The social and economic committee (CSE) replaces the elected employee representatives in the company. It merges all the staff representative bodies (IRP), staff delegates (DP), works council (CE) and health, safety and working conditions committee (CHSCT).

    The powers of the CSE are defined according to the size of the company:
    • Companies with at least 11 employees and less than 50 employees: in companies with at least 11 employees and less than 50 employees, the powers of the staff delegates (DP) are exercised by the CSE. The staff delegation to the CSE has the task of presenting to the employer individual or collective complaints relating to salaries, the application of the labour code and other legal provisions concerning social protection in particular, as well as the agreements applicable in the company. It helps to promote health, safety and working conditions in the company and carries out investigations into accidents at work or occupational or work-related illnesses. The members of the staff delegation of the CSE may refer to the labour inspectorate all complaints and observations relating to the application of the legal provisions which it is responsible for monitoring.
    • Companies with at least 50 employees: in companies with at least 50 employees, the powers of the staff delegates (DP), the works council (CE) and the health, safety and working conditions committee (CHSCT) are exercised by the CSE. The staff delegation to the CSE has the task of presenting to the employer individual or collective complaints relating to salaries, the application of the labour code and other legal provisions concerning social protection in particular, as well as the agreements and conventions applicable in the company. It helps to promote health, safety and working conditions in the company and carries out investigations into accidents at work or occupational or work-related illnesses. The members of the staff delegation of the ETUC may refer to the labour inspectorate all complaints and observations relating to the application of the legal provisions which it is responsible for monitoring.
    • The CSE also has the task of ensuring collective expression of employees so that their interests are permanently taken into account in decisions relating to : 
    the management and economic and financial development of the company and the organisation of work
    and vocational training and production techniques.
    • The CSE is informed and consulted on matters concerning the organisation, management and general running of the undertaking, in particular on the following points 
    Measures likely to affect the size or structure of the workforce
    Changes in its economic or legal organisation
    Employment and working conditions, including working hours, and vocational training
    Introduction of new technologies, any significant change in health and safety conditions or working conditions
    Measures taken with a view to facilitating the entry, re-entry or retention in employment of persons injured in the course of work, war invalids, civil invalids, persons suffering from chronic progressive diseases and disabled workers, in particular on the adaptation of their working conditions.
    disabled workers, in particular on the adaptation of workstations

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