What is the CSE for?

21 mai 2020

Before enlightening you on the CSE, here are some definitions:

CSE : Social and Economic Committee

CE : Works Council

DP : Staff Representative

CHSCT : Health, Safety and Working Conditions Committee

Following the merger of the CE , the DP , and the CHSCT , the CSE recovers the powers of these representative institutions. However, it has no impact on designated staff representatives such as union representatives.

According to the Macron ordinances and the Labor Law , all companies must have it in place by January 2020. The main objective of this merger is to facilitate and simplify the dialogue between employees and their representatives.

Before setting up the CSE , here is some information:

Election of the staff delegation

It is the employer who is responsible for organizing the elections to the CSE. He informs the employees and the ballot is organized within 90 days.

Beforehand, it is necessary to invite all the unions to negotiate the electoral process and to prepare their lists of candidates.

Composition of the CSE

The composition of the Social and Economic Committee of a company is the same as that of the Works Council, that is to say that it includes the employer and a Staff Delegation. There is only one difference, however: the employer (it is he who chairs the CSE) can be assisted by three employees (instead of two).

In addition, in companies with less than 300 employees, the union delegate is automatically a member of the CSE, and each representative union organization in the establishment is entitled to appoint a delegate to sit on the CSE.

Number of holders

The number of elected members of the CSE varies: it depends on the salaried workforce of the company. For example for companies with 11 to 24 employees there will be 1 holder; from 25 to 49 employees: 2 incumbents; from 50 to 74 employees: 4 holders; etc.

Duration of mandate and renewal

The elections of the staff members sitting on the CSE take place every 4 years, although it is possible that a collective agreement fixes a term known as derogations between two and four years.

However, the Macron ordinances determine the number of possible successive mandates to three, for companies with more than 50 employees only.

Funding

To exist, the CSE is partly subsidized by the employer. This operating subsidy is equal to 0.20% of the gross payroll for companies with at least 50 employees (0.22% in companies with more than 2000 employees).

Delegation hours

The number of hours of delegation depends on the number of holders. The hours spent in a CSE meeting are remunerated in the same way as the actual working hours, and are not deducted from the hours of delegation. The training hours either.

Varied and different missions depending on the size of the company

The CSE represents employee benefits , their interests, in terms of training, work organization, professional equality, working conditions, layoff projects (economic not), but also with regard to economic development of the company.

In companies with less than 50 employees, the main tasks of the CSE are mainly:

collect and present to management the various employee complaints
ensure that the labor code is properly applied
the application of company conventions
carry out surveys (occupational diseases, accidents at work)
ensure good working conditions
promote the health and safety of employees in the workplace

He may also be brought to the attention of the labor inspectorate in the event of failure to apply the legal provisions of the company for which he is responsible.

In companies with more than 50 employees, the scope of the CSE also affects:

The measures to be taken when it is necessary to give, give back, or maintain a post to invalids (civil invalids or invalids of war), accident victims at work, disabled workers; as well as the measures taken for the development of work stations.
Hiring and working conditions, in particular working hours, and vocational training
The introduction of new technologies in the workplace, requiring a new layout in the company, influencing working conditions, or safety and / or health conditions
The choice of social and cultural activities offered to beneficiaries

The cultural and social role of the CSE

The cultural and social role of the Social and Economic Committee is to simplify access to leisure, holidays and cultural outings for all employees and their families. As a result, it offers various activities throughout the year, at attractive and affordable prices, while ensuring a fair distribution of the CSE budget for these different activities.

The role of the Health and Safety Commission in the company

The social and economic committee must guarantee working conditions which protect the health and safety of the company's employees. So :

It therefore analyzes the possible occupational risks to which employees may be exposed (including pregnant women)
it seeks to facilitate women's access to employment
he takes care of solving problems related to motherhood
it also ensures the adaptation and arrangement of work stations for people with disabilities so that they have access to employment throughout their lives
it can organize preventive actions on sexism, sexual harassment and bullying
he regularly conducts inspections at the workplace to ensure his safety
it carries out investigations when there are accidents at work, or in case of occupational diseases
it proposes and examines improvements in working conditions, employment conditions, professional training conditions for employees, as well as their living conditions and development within the company

Work inspection

If it happens that a labor inspector comes to carry out a control in the company, the members of the CSE staff delegation are informed beforehand, and can interact with the latter, accompanying him during his visit. he wishes to do so and present their observations to him.

Right of consultation and information

In general, the CSE is regularly, sometimes compulsorily, consulted. As such, he must give an opinion on several subjects relating to several fields:

the different strategic directions of the company
the economic and financial situation of the company
corporate social policy
the working conditions of employees within the company
in the event of restructuring of the workforce, or reduction of the latter
of economic and collective dismissal
public takeover bid
backup procedures
recovery
liquidation

In order to be able to properly exercise their powers, the members of the CSE have access to the company's BDES (Economic and Social Database), but also to the Single Staff Register, and to all the documents necessary for counting the duration of employees' work, the compensatory rest they have acquired and their actual takeover established by the employer (time clock for example) when all the employees of a service or workshop do not work according to the same collective schedule .

Namely: in general, the Macron ordinances have provided for the possibility for each company to fix the various methods of information and consultation of the CSE by a collective agreement.

Alert rights

The CSE also has the right to alert:

in the event of infringement of the rights of individuals and their individual freedoms within the company
in the event of damage to people's physical and mental health
in the event of serious and / or imminent danger to public health and the environment
in the event of an economically dangerous situation for the company
in case of abuse of fixed-term employment contracts (CDD)

Participation in the Board of Directors

Note that two members of the staff delegation of the Social and Economic Committee are authorized to attend, in an advisory capacity, all meetings of the Board of Directors, the Supervisory Board as well as General Meetings.