From January 1, 2020, any company with more than 11 employees will be required to have a Social and Economic Committee (CSE). It is therefore better to plan ahead so that the establishment of this committee goes smoothly!
What is a Social and Economic Committee?
According to the official Public Service website, the Social and Economic Committee, known as the CSE, replaces elected employee representatives within the company. It therefore merges all employee representative bodies (IRP): staff delegates (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 reformed employee representative bodies. A new single body, called the “Social and Economic Committee” (CSE), will replace the existing bodies mentioned above.
Who exactly does this obligation apply to?
This change applies to all private-sector employers and their employees, regardless of the company’s legal form or business activity.
It also applies to public establishments of an industrial and commercial nature, as well as those of an administrative nature employing private-sector staff.
When should this transition take effect in your company?
Case 1: Your company does not have employee representatives
If your company has no employee representatives but has had at least 11 employees for 12 consecutive months, you must organize CSE elections without further delay.
Case 2: Your company already has employee representatives
If employee representatives are already in place within your company, you can wait until the end of their term to establish a Social and Economic Committee. However, if this term ends after December 31, 2019, you will need to organize your CSE elections (with the possibility of using electronic voting) and set up a Social and Economic Committee by January 1, 2020 at the latest. The current employee representatives’ term will therefore end early. You may decide to anticipate its implementation by signing a collective agreement or after consulting your works council or, failing that, your staff delegates.
Setting up the CSE:
You must first organize your Social and Economic Committee elections at the request of an employee or a trade union within the month following receipt of this request.
For companies with between 11 and 24 employees, the staff delegation will consist of one full member and one alternate.
For companies with between 25 and 49 employees, this delegation will consist of two full members and two alternates.
From 50 employees onwards, the company’s Social and Economic Committee benefits from broader powers, similar to those previously assigned to the works council, the CHSCT, and staff delegates. The CSE will thus be tasked with ensuring the collective expression of employees. The CSE will ensure that their interests are taken into account in decisions concerning the company’s management and economic and financial development. The CSE will also be consulted on work organization, professional training, and production techniques. Finally, the CSE also has responsibilities regarding social and cultural activities in this case.
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 responsibilities and functions of the former CHSCT.
What are the missions of the Social and Economic Committee?
The CSE’s mission is to present individual or collective employee grievances to the employer. These may concern wages and the application of the Labor Code, as well as being the guarantor of any other legal provisions such as social protection or the agreements and conventions applicable within the company.
The CSE, like the various bodies it replaces, aims to promote health, safety, and working conditions within the company.
The members of the Social and Economic Committee’s staff delegation are tasked with ensuring the collective expression of employees, allowing their interests to be permanently taken into account in decisions that affect them.
Need help organizing your CSE elections? Discover our full-service CSE election organization with electronic voting services and Contact us!
