From 01 January 2020 , any company with more than 11 employees will be required to have a Social and Economic Committee . It is therefore better to do it in advance so that the setting up of this committee goes smoothly!
A Social and Economic Committee?
According to the site official of the Public Service , The social and economic committee known as CSE replaces the elected representatives of the personnel in the company . It therefore merges all the employee representative bodies (IRP), employee representatives (DP), works council (CE) and health, safety and working conditions committee (CHSCT).
Why this new Social and Economic Committee?
In order to simplify social dialogue within companies, the government has renovated the staff representative institutions. Thus, a new unique authority, baptized “ Social and Economic Committee (CSE), will replace the existing institutions mentioned above.
To whom exactly does this obligation apply?
This substitution applies to all private law employers and their employees, regardless of the legal form and activity of the company.
It also concerns public establishments of an industrial and commercial nature as well as those of an administrative nature employing personnel governed by private law.
When should this transformation take effect in your business?
1st case: your company does not have staff representatives
If your company has no employee representatives but has had at least 11 employees for 12 consecutive months, you must organize the CSE elections without further ado.
2nd case: your company already has employee representatives
If staff representatives are already in place in your company, you can wait until the end of their mandate to set up a social and economic advice . On the other hand, if this mandate ends after December 31, 2019, you will have to organize your CSE elections (possibility of using electronic votes ) and set up a Social and Economic Committee by January 1, 2020 at the latest. The mandate of the staff representatives will therefore end early. You can decide to anticipate its implementation, by signing a collective agreement or after consulting your works council or, failing that, your staff representatives.
The establishment of the CSE:
You must first organize your elections of the Social and Economic Committee at the request of an employee or a trade union organization in the month following receipt of this request.
For cash companies between 11 and 24 employees , the staff delegation will be made up of an incumbent and a deputy.
Regarding the cash ones between 25 and 49 employees , this delegation will be made up of two incumbents and two alternates.
From 50 employees , the Social and Economic Committee of the company benefits from more extensive powers, similar to those assigned to the works council, the CHSCT and staff representatives. The CSE will therefore have the task of ensuring the collective expression of employees. The CSE will allow their interests to be taken into account in decisions concerning the management and the economic and financial development of the company. the CSE will also be consulted on work organization, vocational training and production techniques. Finally, in this case, the CSE also has powers in terms of social and cultural activities.
For companies with at least 300 employees, the CSE must also include a Health, Safety and Working Conditions Committee (CSSCT) whose duty is to assume the attribution as well as the functions of the former CHSCT.
What are the missions of the Social and Economic Committee?
The mission of the CSE will be to present to the employer the individual or collective complaints of its employees. These may concern wages and the application of the labor code. But also be the guarantor of any other legal provision such as social protection or the conventions and agreements applicable in the company.
The CSE, like the various organizations it replaces, aims to promote health, safety and working conditions in the company.
The members of the staff delegation of the Social and Economic Committee are responsible for ensuring the collective expression of employees, allowing their interests to be permanently taken into account in decisions concerning them.