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

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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

Employee delegates (DP), the works council (CE), and the health, safety, and working conditions committee (CHSCT) are being replaced by the Social and Economic Committee (CSE).

An ordinance dated September 22, 2017 [1] (one of the five "Macron" ordinances) effectively merges these employee representative institutions. The ordinance creates articles L. 2311-1 to L. 2321-10 in the second legislative part of the Labor Code, which cover the Social and Economic Committee.

We would like to introduce this new body to you, specifically focusing on its responsibilities and operating rules regarding health, safety, and working conditions.

Setting up the Social and Economic Committee

A CSE must be established in companies with at least 11 employees if this headcount 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 between 2 and 4 years.

Establishment-level CSEs and a central company CSE are formed in companies with at least two distinct establishments. In this case, a company agreement determines the scope of these distinct establishments (number and responsibilities of local representatives, particularly regarding health, safety, and working conditions; procedures for their appointment, etc.). In the absence of an agreement, the employer determines the number and scope of the distinct establishments.

CSE responsibilities regarding health, safety, and working conditions

Workforce threshold	CSE OHS powers, committees and training
11 to 49 employees	• Promote health, safety and working conditions within the company.
• Conduct investigations into workplace accidents or occupational illnesses.
50 to 299 employees (Also includes the duties from the previous tier)	• Be consulted on any significant change altering health, safety or working conditions.
• Analyse occupational risks and the effects of exposure to hardship factors.
• Facilitate access for women and people with disabilities to all jobs.
• Propose actions to prevent harassment and sexist behaviour.
• Carry out regular inspections relating to health, safety and working conditions.
• Be consulted on the annual prevention report and programme.
• Right of alert in situations of serious and imminent danger and on public health and environmental matters.
• CSSCT: The labour inspector may require the creation of a health, safety and working conditions committee where necessary (automatically mandatory from 50 employees in upper-tier Seveso facilities, basic nuclear installations, underground storage, mines and geothermal sites) .
• SSCT training: Members receive mandatory training of at least 3 days, funded by the employer .
More than 300 employees (Includes all of the duties above)	• Be consulted on the social report.
• Mandatory CSSCT: Automatic creation of a health, safety and working conditions committee in each distinct establishment .
• Extended SSCT training: Minimum training duration increased to 5 days .

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Social and Economic Committee meetings

The Social and Economic Committee meets according to the following schedule:

Workforce threshold	Frequency of ordinary meetings	Specific and exceptional meetings (Health, Safety & Environment)
11 to 49 employees	• Once a month with the employer or their representative.	Not specified for this tier (basic legal regime).
50 to 299 employees	• Every two months.	Annual requirement: • At least 4 meetings per year must be dedicated to health, safety and working conditions (SSCT) matters.
Mandatory exceptional meeting: Following an accident that caused or could have caused serious consequences. In the event of a serious incident that harmed or could have harmed the environment or public health. At the reasoned request of 2 staff 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 health, safety and working conditions (SSCT) matters.
Mandatory exceptional meeting: Following an accident that caused or could have caused serious consequences. In the event of a serious incident that harmed or could have harmed the environment or public health. At the reasoned request of 2 staff representatives regarding health, safety or working conditions.

Health, Safety and Working Conditions Commission (CSSCT)

A health, safety and working conditions commission is established:

in companies and separate establishments with at least 300 employees;
in Seveso upper-tier sites (companies with more than 50 employees);
in basic nuclear installations (BNI), underground storage facilities, mines, and geothermal deposits (companies with more than 50 employees).

The labor inspector may nevertheless mandate the creation of a CSSCT in companies or separate establishments with between 50 and 299 employees when deemed necessary, particularly due to the nature of the activities, the layout, or the equipment of the premises.

This commission is entrusted with some or all of the CSE's responsibilities regarding health, safety, and working conditions, with the exception of the right to appoint an expert and the consultative powers of the CSE. It is chaired by the employer or their representative and includes at least three employee representatives. Its members are appointed by the CSE from among its own members for a term equal to that of the CSE members' mandate.

Training for CSE members on health, safety, and working conditions

Members of the CSSCT, if it exists, or members of the CSE employee delegation must receive the training necessary to perform their duties regarding health, safety, and working conditions. The cost of this training is covered by the employer.

For CSSCT members, this training is organized for at least:

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

CSE implementation schedule

Decrees expected by the end of the year will clarify the implementation procedures for the provisions created by the ordinance. These new provisions will take effect on the date the decrees come into force, and no later than January 1, 2018.

The implementation of the CSE to replace the DP, CHSCT, and/or CE depends on the expiration date of the current terms of office:

Expiry date of terms (DP, CE or CHSCT)	Rules for setting up the CSE
Before 24/09/2017	The company must hold staff elections in accordance with the rules that applied before this date. However, these terms may only run until the end of 2019.
From 24/09/2017 to 31/12/2017	Terms are extended until 31 December 2017. The company may then extend them for a maximum of one further year following consultation with the bodies concerned.
From 31/12/2017 to 31/12/2018	The company may either extend these terms for a maximum of one year, until December 2019, following consultation with the bodies concerned, or set up the new body.
After 01/01/2019	The company must hold elections for the new Social and Economic Committee (CSE).

We recommend that you:

review the situation with your HR department to define the schedule and procedures for implementing the Social and Economic Committee within your company or establishment,
wait for the implementing decrees to be published before initiating any steps.

Other provisions, not covered in this article, have also been introduced. These notably concern the Central Social and Economic Committee, the use of an authorized HSE monitoring expert as well as internal and external communication methods.

[1] Ordinance No. 2017-1386 of September 22, 2017 [Official Journal of September 23, 2017]

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