The Social and Economic Committee (CSE): a new body

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The employee delegates (DP), works council (CE) and health, safety and working conditions committee(CHSCT) will be replaced by the social and economic committee(CSE).

An ordinance dated September 22, 2017 [1] (one of the 5 "Macron" ordinances) effectively merges these staff representative institutions. The ordinance creates articles L. 2311-1 to L. 2321-10 in the second legislative part of the Labor Code, dealing with the social and economic committee.

We would like to introduce you to this new body, and more specifically to its responsibilities and operating rules in relation to health, safety and working conditions issues.

Setting up the Social and Economic Committee

A CSE must be set up in companies with at least 11 employees if this number is reached for at least 12 consecutive months. The term of office for its members is set at 4 years. However, a branch, group or company agreement may set a term of office of between 2 and 4 years.

In companies with at least two separate workplaces, local works councils (CSE) and a central works council (CSE central d'entreprise) are set up. In this case, a company agreement determines the perimeter of the separate establishments (number and powers of local representatives, particularly in terms of health, safety and working conditions; procedures for their appointment, etc.). In the absence of an agreement, the employer determines the number and scope of separate establishments.

Health, safety and working conditions: responsibilities of the CSE

Headcount Threshold	Responsibilities, Committees, and Occupational Safety and Health (OSH) Training Sessions of the CSE
11 to 49 employees	• Promote health, safety, and working conditions within the company.
11 to 49 employees	• Conduct investigations into workplace accidents or occupational diseases.
50 to 299 employees (Also includes the tasks from the previous section)	• To be consulted in the event of a major change that affects health and safety conditions or working conditions.
	• Analyze occupational risks and the effects of exposure to factors contributing to physical strain.
	• Facilitate access to all jobs for women and people with disabilities.
	• Propose measures to prevent harassment and sexist behavior.
	• Conduct regular inspections of health, safety, and working conditions.
	• Be consulted on the report and the annual prevention program.
	• The right to raise the alarm in cases of serious and imminent danger and regarding public health and the environment.
	• CSSCT: The labor inspector may require the establishment of a health, safety, and working conditions committee if necessary (mandatory for facilities with 50 or more employees at high-threshold Seveso sites, INB facilities, underground storage facilities, mines, and geothermal fields) .
	• SSCT Training: Members receive the required training, which lasts at least 3 days and is funded by the employer .
More than 300 employees (Includes all of the above responsibilities)	• To be consulted on the social report.
	• Mandatory CSSCT: Automatic creation of a health, safety, and working conditions committee in each separate facility .
	• Expanded SSCT training: Minimum training duration extended to 5 days .

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Social and Economic Committee meetings

The Social and Economic Committee meets as follows:

Headcount Threshold	Frequency of Regular Meetings	Special and Ad Hoc Meetings (Health, Safety & Environment)
11 to 49 employees	• Once a month with the employer or the employer's representative.	Not specified on this form (basic statutory coverage).
50 to 299 employees	• Every two months.	Annual Requirement: • At least 4 meetings per year must be dedicated to topics related to health, safety, and working conditions (SSCT).
50 to 299 employees	• Every two months.	Mandatory special meeting: Following an accident that resulted in or could have resulted in serious consequences. In the event of a serious incident that has caused or could have caused harm to the environment or public health. Upon a reasoned request from two employee representatives regarding health, safety, or working conditions.
More than 300 employees	• Every month.	Annual Requirement: • At least 4 meetings per year must be dedicated to topics related to health, safety, and working conditions (SSCT).
More than 300 employees	• Every month.	Mandatory special meeting: Following an accident that resulted in or could have resulted in serious consequences. In the event of a serious incident that has caused or could have caused harm to the environment or public health. Upon a reasoned request from two employee representatives regarding health, safety, or working conditions.

Health, safety and working conditions committee (CSSCT)

A health, safety and working conditions committee has been set up:

in companies and separate establishments with at least 300 employees;
Seveso high-threshold facilities (companies with over 50 employees);
basic nuclear installations (INB), underground storage facilities, mines and geothermal deposits (companies with over 50 employees).

The Labour Inspector may, however, impose the creation of a CSSCT in separate companies or establishments with between 50 and 299 employees if he deems this measure necessary, notably because of the nature of the activities, layout or equipment of the premises.

This commission is entrusted with some or all of the CSE's responsibilities relating to health, safety and working conditions, with the exception of the use of an expert and the CSE's consultative responsibilities. It is chaired by the employer or his representative and comprises at least three employee representatives. Its members are appointed by the CSE from among its members for a term of office equal to that of the CSE members.

Health, safety and working conditions training for CSE members

Members of the CSST, where it exists, or members of the CSE staff delegation, must receive the training they need to carry out their duties in terms of health, safety and working conditions. This training is financed by the employer.

For CSST members, this training is organized on at least :

5 days in companies with at least 300 employees;
3 days in companies with fewer than 300 employees.

Timetable for setting up the CSE

Decrees, due to be published by the end of the year, will specify the application of the provisions created by the ordinance. These new provisions will apply from the date of entry into force of the decrees, but no later than January 1, 2018.

The setting up of the CSE to replace the DP, CHSCT and/or CE depends on the expiry date of the mandates:

Expiration Dates of Terms of Office (DP, CE, or CHSCT)	Rules for Establishing the CSE
Before September 24, 2017	The company must hold employee representative elections in accordance with the rules in effect prior to that date. However, these terms of office may only run until the end of 2019.
From September 24, 2017, to December 31, 2017	The terms of office are extended until December 31, 2017. The company may then extend them for up to one year after consulting with the relevant bodies.
From December 31, 2017, to December 31, 2018	The company may either extend these terms for up to one year, until December 2019, after consulting with the relevant bodies, or establish the new body.
After January 1, 2019	The company must hold an election for the new Social and Economic Committee (CSE).

We recommend :

take stock of the situation with your HR department to define the timetable and procedures for setting up the Social and Economic Committee within your company or establishment,
wait for the application decrees to be published before taking any action.

Other provisions, not discussed in this article, have been implemented. These include, in particular, the Central Works Council (CSE), the use of a certified EHS monitoring expert, and internal and external communication procedures.

[1] Order no. 2017-1386 of September 22, 2017 [JORF of September 23, 2017].

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