Employers: time to think to organize professional elections in order to implement a social and economic committee “CSE” at the latest on December 31st, 2019
A law reform fully in force since December 2017 modified several provisions of French labour Code, and requires adaptations from companies employing employees in France.
At the end of 2017, French President Emmanuel Macron has signed five decrees; one of them deeply modified the legal provisions regarding employee’s representative bodies.
Especially, the decree created a new employees’ representative body: the social and economic committee (Comité social et économique – “CSE”).
The purpose of the CSE is to merge in a single body the attributions of three former different employees’ representatives bodies in French companies, which were (i) the staff representatives (délégués du personnel), who were elected in companies employing at least 11 employees, (ii) the work council (comité d’entreprise), and (iii) the health and safety committee (comité d’hygiène, de sécurité et des conditions de travail), the two latest being elected in companies employing at least 50 employees in France.
The CSE is composed of several elected members: their number varies depending the workforce’s size of the company.
The CSE’s attributions are a combination of those previously exercised by the staff representatives, and the works council and health and safety committee.
According to this decree, all companies employing at least 11 employees during 12 consecutive months are required to organize elections of the CSE so this body is implemented on December 31st, 2019 at the latest.