Published on : 09 April 20218 min reading time
This elected body is responsible for representing and defending the interests of employees. The members of this body are called upon to act on behalf of their peers within the company, in the management of cultural and social activities within the company and in the establishment of appropriate and secure working conditions.
What are the social and econimics commities ?
En droit du travail français, les comités sociaux et économiques sont des structures représentatives des salariés au sein de leurs entreprises. Le CSE est né de la fusion d’anciennes instances représentatives du staff : le comité d’hygiène, de sécurité et des conditions de travail, le comité d’entreprise, les délégués du personnel et le comité d’hygiène. Désormais, cette structure reprend les compétences des anciennes instances qu’elle remplace, notamment, le rôle de la défense des intérêts du personnel. La loi dote le comité d’une personnalité civile, un statut qui lui permet d’avoir une indépendance financière et judiciaire. Cela signifie, par exemple, qu’il a toute latitude pour organiser son fonctionnement, peut disposer de biens à son nom. Cela signifie aussi qu’il rédige en toute indépendance son propre règlement intérieur pour poser un cadre à l’exercice de son mandat. La mise en place de ce comité est obligatoire pour les entreprises ayant au moins 11 employés pendant une durée consécutive d’un an. Il existe actuellement quelques 54 000 comités sociaux et économiques actifs en France, dont 40 000 environ dans les sociétés ayant plus de cinquante salariés.
In French labor law, social and economic committees are representative structures of employees within their companies. The CSE was born out of the merger of former staff representative bodies: the Health, Safety and Working Conditions Committee, the Works Council, the staff delegates and the hygiene committee. This structure now takes over the powers of the former bodies, which it replaces, in particular, the role of defending the interests of staff. The law gives the committee a civil personality, a status that allows it to have financial and judicial independence. This means, for example, that it has the freedom to organize its operation, may have assets in its name. It also means that it is drafting its own internal by-law independently to set a framework for the exercise of its mandate. The establishment of this committee is mandatory for companies with at least 11 employees for a consecutive one-year period. There are currently some 54,000 active social and economic committees in France, of which about 40,000 are in companies with more than 50 employees.
Personales representation: how is the commitees made up ?
It is a tripartite proceeding. It consists of the employer or its representative, the staff delegation and the union representative. The employer or its representative assumes the role of chair of the committee and may be assisted by employees selected from among the staff. If the company has more than fifty employees, the president can choose three employees. If the company has fewer than fifty employees, the number of employees must be less than the number of members of my staff delegation. These appointed employees do not have the right to vote: their votes are exclusively consultative. The staff delegation is made up of full and alternate members. These appointed employees do not have the right to vote: their votes are exclusively consultative. The staff delegation is made up of full and alternate members. In companies with fewer than 50 employees, the delegation took care of bringing staff grievances to the employer, addressing occupational health and safety issues, and working conditions in general. In companies with more than 50 employees, the mission of incumbents and alternates is more extensive. In addition to the topics mentioned above, the delegation also makes sure to take into account the economic and financial health of the company, as well as the management of the company in general. In companies with more than 50 employees, the mission of incumbents and alternates is more extensive. In addition to the topics mentioned above, the delegation also makes sure to take into account the economic and financial health of the company, as well as the management of the company in general. As for the trade union representative, he is chosen from among the staff of the undertaker. In companies with more than 300 employees, this representative is appointed by the trade union organization. In companies with fewer than 50 employees, the trade union representative is the legal trade union representative in the Social and Economic Committee.
Set up the CSE: how is the office organiwed?
In its internal kitchen, the committee is formed in an office: this step must be carried out at the first meeting of the proceeding. The office is composed of a secretary and a treasurer, elected from among the full members. The secretary is responsible for managing the day-to-day affairs of the committee: the main interlocutor of the management of the company and the employees, the organizer and facilitator of the periodic meetings, the editor of the agenda in conjunction with the employer and the editor of the meeting PVs. As for the treasurer, he has the role of the accountant and administrative and financial manager of the committee: management of bank accounts, annual financial report, registration of paperwork, archiving of documents etc.
CSE set up: how is the election of the commitees members organized ?
The election of the team is a process that requires time: the company must therefore anticipate this step. The initiative to launch the election of the committee members belongs to the employer. The employer informs the employees about this election process. Then, the employer invites the trade unions to discuss the pre-electoral agreement protocol. This protocol determines the terms of the election: determination of the electoral colleges with an equal proportion of men and women, distribution of seats, electoral calendar and organization of the ballot, etc. If no trade union organization participates in the negotiation of this pre-electoral agreement, the company manager can decide on the provisions himself. Finally, we begin to hold the ballot. Employees over 16 years of age with at least one quarter of seniority in the company have the right to vote. Employees over 18 years of age who have been with the company for at least one year are eligible to vote, provided they are not close to the employer. The term of office of the committee members is four years.
CSE training : a good step for the company’s commitees
The committee must set up several commissions, depending on the size of the company. From 1,000 employees, an economic commission in charge of examining the situation and the economic and financial health of the company. Companies with at least 300 employees must have a training commission, a housing commission, a professional equality commission and a health, safety and working conditions commission. If the nature of the company’s activities is potentially risky, this last commission is compulsory regardless of the number of employees. The training of the CSE is an obligation for the company as soon as the elected members of the committee express this need. The training must be provided by an approved organization and is dependent on it, just like the commissions. It is the members of the committee who choose the type of training. The duration of the training is a maximum of five days. The training is financed by the budget of the committee, at the discretion of the members of the CSE, with the exception of training on health, safety and working conditions which must be fully paid for by the employer.
CSE set up: benefit from CSE legal assistance
Committees members are not necessarily legal experts and do not necessarily have a thorough knowledge of the provisions of the labor code. Legal assistance helps the elected members to better understand the subjects they have to deal with during their mandates. The assistance consists of a legal watch, the provision of a CSE lawyer, expert in labor law issues, to provide legal consultations. The cse lawyer can provide support and advice in several areas: employment contracts, agreements and conventions, restructuring, professional equality etc.