Legal Watch

2023, the year of CSE elections: why switch to electronic voting?

Since the Macron ordinances of 2017, effective before 31 December 2019, all companies with at least 11 employees for 12 consecutive months must establish a CSE (Social and Economic Committee). With elections held every 4 years, 2023 is expected to be an election year for many SMEs.
16 February 2023
9
min

CSE (Social and Economic Committee) election by electronic voting: procedures

The election of CSE representatives can now be conducted through electronic voting if a company agreement, or in the absence of an agreement, the employer, so decides.

The procedures for implementing electronic voting, whether on-site or remotely, are set out in articles R. 2314-5 to R. 2314-18 of the French Labour Code. Specifications relating to electronic voting must be established in accordance with the provisions of the above-mentioned articles and communicated to employees at the workplace.

Electronic voting must not exclude anyone from the ballot. Therefore, it is the employer’s responsibility to ensure that all employees have access to the equipment and connectivity required to vote electronically. Moreover, electronic voting does not necessarily preclude envelope voting.

CSE elections: how to implement electronic voting?

The design and organisation of electronic voting can be carried out internally or entrusted to an external service provider, in compliance with the specified requirements:

  • compliance with data confidentiality: electoral rolls, attendance lists, votes;
  • the system must be sealable at the opening and closing of the ballot;
  • the system must first be submitted for verification by an independent body and made available to the CNIL;
  • the system must be secure.

Engaging an external HR consultant for setting up CSE elections by electronic voting

If the organisation of electronic voting is entrusted to an external service provider such as an HR consultant, they will be responsible for establishing the reverse planning schedule and coordinating all the stages of the electoral calendar, from the negotiation of the electoral protocol through to the announcement of results and the drafting of the CSE election official report. They also guarantee the legal and regulatory compliance of the election organisation. For the existing HR team, entrusting the organisation of elections to an experienced external service provider ensures compliance and provides peace of mind by offloading this time-consuming obligation, allowing them to focus on their usual responsibilities.

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The advantages of electronic voting for CSE elections

Organising CSE member elections by electronic voting offers numerous advantages compared to traditional paper ballot elections.

Organisation and logistics

First of all, online voting is much simpler to organise than physical on-site voting. With electronic voting, there is no longer any need for a dedicated voting room, polling booths, or employees to staff the polling station and count the ballots. The collection of votes and counting being done entirely online also eliminates ballot counting errors. Thanks to electronic voting, the announcement of results is virtually instantaneous following the close of the ballot. Gone are the issues of crossed-out, blank or void ballots — everything is simplified by online voting, and within minutes the official forms are generated with the results.

Security

During an electronic vote, security is even more important than in an in-person vote. Beyond the risk of error, which is completely eliminated, all data is secured. The seals at the opening and closing of the ballot are done online, and only the persons staffing the polling station have the password.

Simplicity and flexibility

Electronic voting greatly simplifies the organisation of CSE elections. There is no longer any need to be on-site to vote; employees can vote from wherever they wish. This simplifies election organisation for companies with multiple sites, with many remote or mobile workers. Employees can even vote during their holidays. Voting access is not constrained by schedules; employees can vote whenever they wish, even at night. Finally, they can vote using the device of their choice — smartphone, computer, tablet — which also facilitates voting.

Engagement

Finally, allowing employees to vote online improves voter turnout. The voting period is determined in advance, and voting can be open for several days. As a result, greater employee engagement is observed, as they no longer have any excuse not to participate in the election. Moreover, by reaching a larger number of employees, they feel more involved with the CSE going forward.

Cost savings

Electronic voting brings modernity, simplification of the ballot process and significant time savings. With electronic voting, there is no longer any need to summon employees and staff physical polling stations for hours, print, cut and prepare paper ballots, rent ballot boxes and polling booths, and count ballots for hours by mobilising employees. Thus, organising elections by electronic voting also delivers significant cost savings.

How do CSE elections by electronic voting work?

The electoral calendar remains the same as for traditional elections, so preparations must begin at least 2 months before the end of current mandates to complete all the stages prior to the ballot (informing employees, negotiating the electoral protocol agreement, communicating electoral rolls, launching calls for candidates…).

Electronic voting then takes place, for each round of voting, over a defined period that may span several days.

To connect to the voting system, the voter must identify themselves using the authentication method provided to them. Thus, confidentiality is guaranteed as well as the uniqueness of the vote.

When voting is completed, the polling station unseals the ballot boxes and announces the results. The official reports are already pre-filled on the electronic voting site, so displaying the results is quick. Finally, submission to the CETP (professional elections processing centre) can be done digitally in the context of electronic voting.

To support you on a daily basis: https://www.boostrh.com/services-rh/politique-et-strategie-rh/

OUR EXPERTISE AT YOUR SERVICE

CSE ELECTIONS: WHY SWITCH TO ELECTRONIC VOTING?


Contact us

EXPERT OPINION

Veronique – HR DIRECTOR AT BOOST’RH GROUPE

According to our expert, companies now have every interest in switching to electronic voting for their CSE elections. First and foremost because it is in keeping with the times and its use has become widespread, but also for process simplification and all the benefits mentioned above.

Our expert also recommends that companies engage the services of an HR consultant for the organisation of CSE elections. The consultant will be the conductor, setting the pace of the calendar, ensuring deadlines are met, managing correspondence and the content of mandatory postings. The client simply needs to follow along; they are assured of complying with the Labour Code and not missing any step. The consultant also plays an advisory role for the company they work with, as no two elections are alike. Elections differ according to the types of roles within the company, headcount, and sector. Finally, there is also a great deal of educational work to be done to explain to employees the purpose of the CSE — it is not just a legal obligation, it is beneficial for them. The consultant can also take on a training role and, after the election, support the elected members in learning their new role and understanding the scope of their commitment.


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Summary

In 3 Questions
1
Who should you engage to organise CSE elections by electronic voting?

Organising CSE elections by electronic voting requires the use of a secure online voting platform. For this purpose, it is recommended to engage an HR consultant who will handle the platform configuration and ensure compliance with the electoral calendar.

2
What are the advantages of electronic voting for CSE elections?

In summary, the advantages of electronic voting for CSE elections are as follows:

  • Time savings in organisation and logistics
  • Simplicity and flexibility
  • Cost savings
  • Employee engagement in the election
  • Peace of mind for HR

3
Can you switch to electronic voting for partial CSE elections?

In the case of partial elections, following the resignation of elected members, electronic voting is entirely possible under the same procedures as for initial or renewal elections. However, if your partial elections are scheduled to take place shortly before your renewal elections, your HR consultant may advise you to proceed directly with renewal elections.

About the author

Our expert’s opinion

Véronique
R

Véronique R, HR Director at Boost’RH

According to our expert, companies now have every reason to switch to electronic voting for their CSE elections. First, because it is in line with the times and the practice has become widespread, but also because it simplifies the process and delivers all the benefits mentioned above.

Our expert also recommends that companies use the services of an HR consultant to organize CSE elections. The consultant acts as the conductor, setting the pace of the calendar, ensuring compliance with deadlines, correspondence, and the content of mandatory postings. The client simply needs to follow along — they are assured of complying with the Labor Code and not missing any step. The consultant also plays an advisory role within the company they work with, as no two elections are alike. Elections differ depending on the types of jobs within the company, the workforce size, and the industry sector. Finally, there is also a great deal of education needed to explain to employees the value of the CSE — it is not just a legal obligation, it is beneficial for them. As such, the consultant can also wear the hat of a trainer and, after the election, support the elected members in understanding their new role and the scope of their commitment.

In summary...

Who can organize electronic voting for CSE elections?

Electronic voting for CSE elections must be organized through a service provider approved by the CNIL (French Data Protection Authority). These providers ensure compliance with legal requirements and data protection standards.

What are the advantages of electronic voting for CSE elections?

Electronic voting offers numerous advantages including increased voter participation, reduced counting errors, faster results, lower administrative burden, improved accessibility for remote employees, and secure, auditable voting processes.

Can electronic voting be used for partial CSE elections?

Yes, electronic voting can be implemented for partial CSE elections following resignations of elected officials, subject to the same regulatory requirements as general elections.

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