Social and Economic Committee: does my company have to organize elections?
The social and economic committee (“Comité Social et Economique” – CSE) created by the Macron ordinances of September 27, 2017 will replace the former staff representative institutions. For companies employing between 11 and 50 employees, the CSE will replace staff delegates. For companies with 50 or more employees, the CSE will replace the three information and consultation bodies (DP, CE, CHSCT).
When should CSE elections be held? What about current mandates? Are they extended?
AGN Avocats explains!
When should elections be held?
Two general principles apply:
- The new provisions will come into force once the implementing decrees have been published, but no later than January 1, 2018.
- The CSE must be set up when the current mandates of employee representatives expire, and no later than December 31, 2019.
However, certain adjustments have been made. These include the possibility of setting up the CSE at an earlier or later date, or of extending the duration of certain mandates before the new system takes effect.
For companies without elected employee representatives on January 1, 2018
In companies with at least 11 employees and no elected employee representatives, the CSE must be set up immediately.
If the employer has initiated the electoral process and a “procès verbal de carence” has been drawn up, a trade union or an employee can only request the organization of elections 6 months after this report has been drawn up.
For companies with elected employee representatives
The CSE will have to be set up at the end of the current mandates of these elected representatives, at the time of renewal.
It should be noted that for the duration of the current mandates and pending the establishment of the CSE, the current provisions relating to the Employee representative comittes (CE), employee representatives (DP), and Committee for Health, Safety and Working Conditions (CHSCT) remain applicable in their wording prior to the ordinances of September 22, 2017.
Transitional provisions provide for the date of implementation of the CSE depending on the end date of the mandate.
Mandates expiring between September 23, 2017 and December 31, 2017
In these cases, mandates have been extended until the end of 2017, but the CSE must be set up on January 1, 2018.
However, the employer can delay the implementation of the CSE by extending the mandate of the Staff Representative Bodies (IRP) for a maximum of one year, either by collective agreement or by unilateral decision after consultation with the appropriate IRP.
Mandates expiring between January 1, 2018 and December 31, 2018
The CSE must be set up when the mandates expire.
The employer may, however, extend or reduce the term of office of employee representatives by up to one year, either by collective agreement or by unilateral decision after consultation with the CE or, failing that, the DP or, where applicable, the single employee delegation or combined body.
This latter case also applies to companies with separate establishments where the mandates of the various IRPs do not coincide (extension or reduction of the duration of the mandate for an establishment or the company as a whole).
Mandates expiring between January 1, 2019 and December 31, 2019
The CSE must be set up when the mandates expire.
The employer may reduce the term of office of employee representatives by up to one year, either by collective agreement or by unilateral decision following consultation with the employee representative committee (CE) or, failing that, the employee representative (DP) or, where applicable, the single employee delegation or combined body.
Mandates expiring after December 31, 2019
Elections must be organized no later than December 31, 2019, regardless of whether the mandate of these elected representatives has already expired. The mandate will cease early on this date, and a CSE will have to be set up on January 1, 2020.
To find out how to organize CSE elections, contact us and an AGN Avocats lawyer will meet with you!
