Creation of a social and economic committee within your company

Any employer with more than eleven employees hired for twelve consecutive months is required to set up a social and economic committee (CSE) within his company.

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What is the role of the CSE?

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The CSE ensures the collective expression of employees. It organizes the taking into account of their interests in the following areas: management, economic and financial development of the company, organization of work, vocational training, and finally production techniques.

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Since January 1, 2018, the CSE has merged the three staff representative bodies previously in place, namely the staff representatives (DP), the health, safety and working conditions committee (CHSCT) and the company (EC).  

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In the event of failure of the employer on the implementation of the professional elections in the companies of more than eleven employees during twelve consecutive months, the absence of installation of the CSE can constitute an offense of obstruction, punished by one year's imprisonment and a €7,500 fine. It is therefore imperative for employers in the sector to comply with the legal obligations in this area.

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Who makes up the CSE?

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• The employer.

• A staff delegation composed of a full member and a substitute for companies with 11 to 24 employees, and two full members and two substitutes for companies with 25 to 49 employees. This number can be modified by the pre-election memorandum of understanding. The term of office is 4 years unless its duration is reduced by collective agreement. The elected representatives of the CSE have the status of protected employees.

• The trade union delegate is a member of the CSE by right.

• The occupational physician and the internal manager of the safety department take part in meetings devoted to working conditions.

• The labor inspectorate is invited to some of the meetings, particularly on health and safety issues.

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The CSE is set up following an election, the terms of which are set out in a pre-election memorandum of understanding concluded between the employer and the trade unions. The elections of the members of the CSE must be organized when the workforce of the company has reached eleven employees for twelve consecutive months. The employer organizes them every four years (unless a collective agreement has provided for a term of office of two or three years).

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Blooming Consulting's lawyers support you in the organization of elections aimed at setting up the CSE in the restaurant and hotel sector with rates adapted to your needs.

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Essential formula – for 1,200 euros including tax

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How to proceed ? Nothing's easier. Contact us and tell us your request. Based on the information you have communicated to us, a dedicated lawyer will get back to you within a maximum of two working days to send you a free quote. If this quote suits you, all you have to do is validate it and confirm your order. Your dedicated lawyer will arrange a telephone meeting with you according to your availability and will answer your questions. Following this telephone appointment, he will provide you with a written document detailing the entire procedure, the steps to follow as well as a timetable. Of course, he will remain available for any questions you may ask him.

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The Essential Formula includes:

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• a one-hour consultation with a lawyer,

• analysis of your documents,

• the drafting of tailor-made procedural documents (convening notices, briefing notes, drafting of a draft pre-electoral protocol, minutes, calendar);

• Availability of the lawyer to answer all your questions by email until the end of the procedure.

Note: the Essential Formula is only applicable to companies with a number of employees from eleven to forty-nine. From fifty employees, we invite you to move towards the Premium Formula given the challenges inherent in setting up a CSE for larger companies.

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Personalized formula: free quote

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Personalized support in the organization of elections aimed at setting up the CSE from 1,500 euros including tax

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What is the difference between the CSEs of companies with less than fifty employees and the CSEs of companies with more than fifty employees?

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The CSE of a company with more than 50 employees takes over the powers of the works council.

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The CSE of a company with at least 50 employees also has powers in terms of social and cultural activities, ie those allocated to the former works council: social and cultural activities. This field of activity includes providing employees with a canteen, a crèche, provident institutions, etc. It can also offer sports activities, or offers for the holidays.

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The CSE of a company with more than fifty employees must be consulted by the employer before making decisions on health, safety and working conditions. These may include, for example, measures affecting the company's workforce, working conditions and hours, vocational training, which have the effect of modifying its economic and legal organisation, health and occupational safety, or the return to work or continued employment of injured workers, war invalids, civilian invalids, people suffering from progressive chronic diseases and disabled workers, in particular on the layout of their workstations .

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A CSE of a company with at least 50 employees has, among other things, the tasks in these areas of analyzing the occupational risks to which workers may be exposed, of facilitating women's access to all jobs, of proposing actions to prevent moral harassment, sexual harassment and sexist acts, to carry out inspections, or to call on an expert from outside the company to carry out its missions.

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Note: in companies with 300 or more employees, the creation of a health, safety and working conditions commission (CSSCT) within the CSE is mandatory.

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Do you need more information? Our lawyers are at your disposal to offer you individualized support in order to best adapt our offer to your needs.

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