Can a business manager prevent the creation of a CSE?

All companies that employ at least 11 people are required to set up a social and economic committee (CSE). This institution replaces the three former employee representative bodies, ie the employee representatives, the works council, and the health, safety, and working conditions committee.

CSE, the mandatory representative body for companies with at least 11 employees

The CSE is one of the innovations in personnel representation in a company. Its creation was planned within the framework of the reforms of the Labor Code, and more precisely by ordinances presented at the end of August 2017. Its implementation is now compulsory in companies with at least 11 employees. This number must be reached for 12 consecutive months.

The CSE is intended to replace the staff representatives (DP), the works council (CE), and the health, safety, and working conditions committee (CHSCT). When a company has at least two separate establishments, a company CSE and establishment CSEs must be created.

This institution, made up of the employer and a staff delegation, broadly takes over the powers previously allocated to each staff representative body. She is also in charge of the social and cultural activities offered to employees.

For this purpose, the CSE is provided with an operating budget supplemented by the business manager according to the company's payroll. But the scope of the CSE's powers varies significantly depending on the size of the company (at least 11 employees and less than 50 employees or at least 50 employees).

A business manager cannot refuse the creation of a CSE

A business manager cannot prevent the creation of a CSE within his company. This staff representative institution is binding on all private law employers, regardless of the legal form and activity of the company (commercial companies, civil companies, associations).

The obligation to create a CSE is also subject to public industrial and commercial establishments (EPIC), as well as to public administrative establishments (EPA) employing personnel governed by private law. The employer is even required to provide members of the CSE staff delegation with the necessary premises to enable them to accomplish their mission and to meet.

According to the rules, the establishment of the SSC comes after the current mandates of the current representatives and no later than 1 st January 2020 in small insurance businesses that do not have representatives. To be able to organize themselves or to have the end of the mandates of the different representatives coincide, the company manager can only reduce or extend the current mandates.

In the companies concerned, it is the employer who must organize the election of the members of the CSE, an election then organized every four years. This method of appointing members of the CSE, however, is not compulsory in the smallest companies. The CSE can be set up by convention or collective labor agreement.

The members of the staff delegation to the CSE enjoy a protective status, in the same way as the former staff representatives and elected members of the works council. In the event of dismissal, this status makes it possible to ensure that it is not related to the duties of the personnel representative of the employee concerned.

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