Social and Economic Committee (ESC)
Verified 22 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The Social and Economic Committee (ESC) is the representative body for staff in the company. It has to be put in place in companies 11 or more employees. What are the assignments and skills from the CSE? What's his composition ? Should the employer organize meetings with the CSE? We'll introduce the regulations may vary depending on the size of the company : fewer than 11 employees, 11 to 49 employees or 50 or more employees.
What applies to you ?
Company of less than 11 employees
The establishment of an ESC is not possible in companies with less than 11 employees.
Its implementation becomes mandatory if the number of employees is at least 11 for 12 consecutive months.
Company of 11 to 49 employees
The ESC must be introduced in all companies with 11 or more employees:
- Employers governed by private law and their employees, whatever the legal form and the company's activity (commercial businesses, civil businesses, associations)
- Public industrial and commercial establishments
- Public administrative establishments employing staff under private law
The employer organizes all 4 years the election of the members of the ESC. A collective agreement may set a further period of between 2 and 4 years.
Please note
At the end of the term of office of the members of the staff delegation of the ESC, if the company's staff has remained below 11 employees for at least 12 consecutive months, the ESC shall not be renewed.
The ESC includes the employer and one staff delegation.
The staff delegation shall comprise an equal number of members and alternates. The alternate shall attend meetings in the absence of the holder.
Staff (number of employees) | Number of holders |
|---|---|
11 to 24 | 1 |
25 to 49 | 2 |
FYI
A focal point on combating sexual harassment shall be appointed from among the members of the EESC.
Terms of reference of the ESC
The EESC's remit is defined according to the company's size.
The role of the staff delegation to the EESC is to present the employer with individual or group claims on the following points:
- Wages
- Application of the Labor Code and other legal provisions concerning social protection
- Conventions and agreements applicable in the company
It contributes to promoting health, safety and working conditions in the company.
She's doing investigations accidents at work or occupational or occupational diseases.
The employer shall submit to the ESC a list of the preventive and protective measures provided for in Single Occupational Risk Assessment Document (DUERP).
Members may refer to the Labor Inspectorate all complaints and observations relating to the application of the legal provisions which the ESC is responsible for monitoring.
Right of alert
The members of the EESC benefit of a right of alert allowing the employer to request clarification in the following situations:
- Violation of the rights of individuals (e.g. psychological harassment), their physical and mental health or individual freedoms (e.g. freedom of expression, opinion) in the company
- Serious and imminent danger
- Serious and imminent risk to public health and the environment
To carry out its tasks, the EESC benefits from means (budget, premises, billboard, training of EESC members...) according to the size of the company.
Yes, each member of the CSE benefits delegation hours to carry out his duties.
This number of hours is 10 hours per month.
Staff (number of employees) | Number of holders | Monthly number of delegation hours | Total delegation hours |
|---|---|---|---|
11 to 24 | 1 | 10 | 10 |
25 to 49 | 2 | 10 | 20 |
The time spent in the EESC meeting is paid as working time. It is not deducted from this delegation time credit.
The employer must summon the members of the ESC at least once a month.
The meetings of the ESC shall bring together the employer or his representative and the members of the staff delegation.
Please note
Alternates shall attend meetings in the absence of the members.
Members of the staff delegation to the EESC shall benefit protection against dismissal : they are protected employees.
The protected employee status ensures that the dismissal of the employee is not related to his or her duties as employee representative. This protection is intended, in particular, to protect him from possible reprisals by the employer.
Company of 50 or more employees
The ESC must be introduced in all companies with 11 or more employees:
- Employers governed by private law and their employees, whatever the legal form and the company's activity (commercial businesses, civil businesses, associations)
- Public industrial and commercial establishments
- Public administrative establishments employing staff under private law
The employer organizes all 4 years the election of the members of the ESC. A collective agreement may set a further period of between 2 and 4 years.
Please note
At the end of the term of office of the members of the staff delegation of the ESC, if the company's staff has remained below 11 employees for at least 12 consecutive months, the ESC shall not be renewed.
The ESC includes the employer and one staff delegation.
The staff delegation shall comprise an equal number of members and alternates. The alternate shall attend meetings in the absence of the holder.
In the companies less than 300 employees, on shop steward is automatically a trade union representative at the CSE.
In the companies more than 300 employees, each representative trade union organization in the company or the institution may appoint a representative to sit on the ESC.
The occupational physician and the internal head of the safety department shall attend the meetings of the ESC on health, safety and working conditions.
FYI
A focal point on combating sexual harassment shall be appointed from among the members of the EESC.
Staff (number of employees) | Number of holders |
|---|---|
50 to 74 | 4 |
75 to 99 | 5 |
100 to 124 | 6 |
125 to 149 | 7 |
150 to 174 | 8 |
175 to 199 | 9 |
200 to 249 | 10 |
250 to 299 | 11 |
300 to 399 | 11 |
400 to 499 | 12 |
500 to 599 | 13 |
600 to 699 | 14 |
700 to 799 | 14 |
800 to 899 | 15 |
900 to 999 | 16 |
1,000 to 1,249 | 17 |
1,250 to 1,499 | 18 |
1,500 to 1,749 | 20 |
1 750 to 1 999 | 21 |
2,000 to 2,249 | 22 |
2,250 to 2,499 | 23 |
2,500 to 2,749 | 24 |
2 750 to 2 999 | 24 |
3 000 to 3 249 | 25 |
3,250 to 3,499 | 25 |
3500 to 3749 | 26 |
3 750 to 3 999 | 26 |
4,000 to 4,249 | 26 |
4,250 to 4,499 | 27 |
4,500 to 4,749 | 27 |
4 750 to 4 999 | 28 |
5,000 to 5,249 | 29 |
5,250 to 5,499 | 29 |
5,500 to 5,749 | 29 |
5 750 to 5 999 | 30 |
6 000 to 6 249 | 31 |
6,250 to 6,499 | 31 |
6,500 to 6,749 | 31 |
6 750 to 6 999 | 31 |
7,000 to 7,249 | 32 |
7,250 to 7,499 | 32 |
7,500 to 7,749 | 32 |
7,750 to 7,999 | 32 |
8,000 to 8,249 | 32 |
8,250 to 8,499 | 33 |
8,500 to 8,749 | 33 |
8 750 to 8 999 | 33 |
9,000 to 9,249 | 34 |
9,250 to 9,499 | 34 |
9,500 to 9,749 | 34 |
9,750 to 9,999 | 34 |
10,000 | 35 |
Terms of reference of the ESC
The role of the staff delegation to the EESC is to present the employer with individual or group claims on the following points:
- Wages
- Application of the Labor Code and other legal provisions concerning social protection
- Conventions and agreements applicable in the company
It contributes to promoting health, safety and working conditions in the company. She's doing investigations accidents at work or occupational or occupational diseases.
Members may refer to the Labor Inspectorate all complaints and observations relating to the application of the legal provisions which the ESC is responsible for monitoring.
The CSE is informed and consulted on matters concerning the organization, management and general operation of the company, including:
- Measures likely to affect the size or structure of the workforce
- Change in its economic or legal organization
- Conditions of employment, working conditions, including hours of work, and vocational training
- Introduction of new technologies, any major changes in health and safety conditions or working conditions
- Measures taken to facilitate the entry into or retention at work of the sick, the injured, the disabled and disabled workers, in particular the fitting-out of workstations
Expression of employees
The CSE's mission is to ensure the collective expression of employees allowing their interests to be taken into account on an ongoing basis in decisions on:
- Management and economic and financial development of the company
- Organization of work
- Vocational training
- Production techniques
General organization of the company
The CSE is informed and consulted on questions concerning the organization, management and general operation of the company, in particular on the following points:
- Measures likely to affect the size or structure of the workforce
- Change in its economic or legal organization
- Conditions of employment, working conditions, including hours of work, and vocational training
- Introduction of new technologies, any major changes in health and safety conditions or working conditions
- Measures taken to facilitate the entry into or retention at work of the sick, the injured, the disabled and disabled workers, in particular the fitting-out of workstations
The CSE may display the information it is responsible for making employees aware of mandatory locations and at the entrance doors to the workplace.
Health and safety in the company
In the field of health, safety and working conditions, the EESC has the following tasks:
- Analyzes the occupational risks to which workers, in particular pregnant women, may be exposed
- Helps to facilitate women's access to all jobs and to solve problems related to motherhood
- Participates in the adaptation and fitting-out of workplaces to facilitate access to and maintenance of all jobs for people with disabilities during their working life
- May initiate any initiative which it considers useful and may propose, in particular, measures to prevent bullying, sexual harassment and gender-based behavior
The ESC carries out regular inspections of health, safety and working conditions. It carries out investigations into accidents at work or occupational or occupational diseases.
Labor inspection
During the visits of the labor inspectorate control officer, the members of the staff delegation at the EESC are informed of his presence by the employer. They may make their comments.
The control officer shall be accompanied by a member of the delegation of the staff of the Committee, if the latter so wishes.
Proposals
The ESC shall, on its own initiative, draw up and examine, at the request of the employer, any proposal for improving the following points:
- Working conditions, employment and vocational training of employees
- Living conditions in the company
- Conditions under which they benefit from additional collective guarantees
Consultation
The EESC is consulted on the following topics:
- Company Strategic Directions
- Economic and financial situation of the company
- Company social policy, working conditions and employment
- Implementation of the means of monitoring the activity of employees
- Restructuring and downsizing
- Collective redundancy for economic reasons
- Takeover bid
- Safeguard, recovery and winding-up proceedings
Right of alert
The members of the ESC shall be entitled to right of alert allowing the employer to request clarification in the following situations:
- Violation of the rights of individuals (e.g. psychological harassment), their physical and mental health or individual freedoms (e.g. freedom of expression, opinion) in the company
- Serious and imminent danger to public health and the environment
- Knowledge of facts likely to have a worrying effect on the economic situation of the company
- Knowledge of facts that may characterize an abuse of fixed-term employment contracts (fixed-term contracts)
Membership of the Board of Directors
In the businesses, 2 members of the EESC staff delegation attend all meetings of the Management Board or Supervisory Board in an advisory capacity. They may also attend general meetings.
Commissions
The number of commissions varies according to the size of the company.
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Company of less than 300 employees
In companies with fewer than 300 employees, the setting up of one or more committees may be decided by company agreement or by agreement between the employer and the CSE.
The labor inspectorate control officer may, if he considers it necessary, impose the a committee on health, safety and working conditions.
Company of 300 or more employees
The EESC is composed of several committees:
- Committee on Health, Safety and Working Conditions
- Committee on Training to Study Continuing Vocational Training Schemes
- Commission d'information et d'aide au habitation responsible for facilitating the employee's access to the ownership and rental of a dwelling
- Committee on Equal Opportunities for Employment and Social Development to study company social policy
- Committee on Contracts responsible for selecting suppliers and providers of the ESC
Company of 1,000 or more employees
The EESC is composed of several committees:
- Committee on Health, Safety and Working Conditions
- Committee on Training to Study Continuing Vocational Training Schemes
- Commission d'information et d'aide au habitation responsible for facilitating the employee's access to the ownership and rental of a dwelling
- Committee on Equal Opportunities for Employment and Social Development to study company social policy
- Committee on Contracts responsible for selecting suppliers and providers of the ESC
- Economic Commission for the Study of the Economic and Financial Documents of the company
To carry out its tasks, the EESC benefits from means (budget, premises, billboard, training of EESC members...) according to the size of the company.
Yes, full members of the CSE benefit delegation hours to carry out their duties during their working time without losing pay.
This number of hours shall be at least 18 hours per month.
The time spent in the EESC meeting is paid as working time. It is not deducted from these delegation hours.
The number of members and the number of hours of delegation of ESC staff vary according to the size of the company.
Staff (number of employees) | Number of holders | Monthly number of delegation hours | Total delegation hours |
|---|---|---|---|
50 to 74 | 4 | 18 | 72 |
75 to 99 | 5 | 19 | 95 |
100 to 124 | 6 | 21 | 126 |
125 to 149 | 7 | 21 | 147 |
150 to 174 | 8 | 21 | 168 |
175 to 199 | 9 | 21 | 189 |
200 to 249 | 10 | 22 | 220 |
250 to 299 | 11 | 22 | 242 |
300 to 399 | 11 | 22 | 242 |
400 to 499 | 12 | 22 | 264 |
500 to 599 | 13 | 24 | 312 |
600 to 699 | 14 | 24 | 336 |
700 to 799 | 14 | 24 | 336 |
800 to 899 | 15 | 24 | 360 |
900 to 999 | 16 | 24 | 384 |
1,000 to 1,249 | 17 | 24 | 408 |
1,250 to 1,499 | 18 | 24 | 432 |
1,500 to 1,749 | 20 | 26 | 520 |
1 750 to 1 999 | 21 | 26 | 546 |
2,000 to 2,249 | 22 | 26 | 572 |
2,250 to 2,499 | 23 | 26 | 598 |
2,500 to 2,749 | 24 | 26 | 624 |
2 750 to 2 999 | 24 | 26 | 624 |
3 000 to 3 249 | 25 | 26 | 650 |
3,250 to 3,499 | 25 | 26 | 650 |
3,500 to 3,749 | 26 | 27 | 702 |
3 750 to 3 999 | 26 | 27 | 702 |
4,000 to 4,249 | 26 | 28 | 728 |
4,250 to 4,499 | 27 | 28 | 756 |
4,500 to 4,749 | 27 | 28 | 756 |
4 750 to 4 999 | 28 | 28 | 784 |
5,000 to 5,249 | 29 | 29 | 841 |
5,250 to 5,499 | 29 | 29 | 841 |
5,500 to 5,749 | 29 | 29 | 841 |
5 750 to 5 999 | 30 | 29 | 870 |
6 000 to 6 249 | 31 | 29 | 899 |
6,250 to 6,499 | 31 | 29 | 899 |
6,500 to 6,749 | 31 | 29 | 899 |
6 750 to 6 999 | 31 | 30 | 930 |
7,000 to 7,249 | 32 | 30 | 960 |
7,250 to 7,499 | 32 | 30 | 960 |
7,500 to 7,749 | 32 | 31 | 992 |
7,750 to 7,999 | 32 | 32 | 1,024 |
8,000 to 8,249 | 32 | 32 | 1,024 |
8,250 to 8,499 | 33 | 32 | 1,056 |
8,500 to 8,749 | 33 | 32 | 1,056 |
8 750 to 8 999 | 33 | 32 | 1,056 |
9,000 to 9,249 | 34 | 32 | 1,088 |
9,250 to 9,499 | 34 | 32 | 1,088 |
9,500 to 9,749 | 34 | 32 | 1,088 |
9,750 to 9,999 | 34 | 34 | 1,156 |
10,000 | 35 | 34 | 1,190 |
The number of ESC meetings shall be fixed by collective agreement, but may not be less than 6 per year.
In the absence of agreement, the ESC shall meet at least:
- Once every 2 months in companies with less than 300 employees
- 1 time per month in companies with more than 300 employees
The meetings of the ESC bring together the employer or his representative and the members of the staff delegation.
Members of the staff delegation to the EESC shall benefit protection against dismissal : they are protected employees.
The protected employee status ensures that the dismissal of the employee is not related to his or her duties as employee representative. This protection is intended, in particular, to protect him from possible reprisals by the employer.
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Departmental Directorate for Employment, Labor and Solidarity (DDETS or DDETS-PP)
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Setting up of the EESC
General responsibilities of the ESC
Terms of reference of the ESC
Annual consultation on company social policy, working conditions and employment
Methods of recruitment and means of monitoring the activity of employees
Alerting in the event of an infringement of the rights of individuals
Serious and imminent danger alert
Right of economic alert
Right of social alert
Composition of the ESC
Number of members and delegation hours of the EESC staff delegation
Organization of elections
Electorate and eligibility
Term and end of term
Delegation hours
Display
Funding for training, health, safety and working conditions
Meetings in companies with less than 50 employees
Meetings in companies with less than 300 employees and at least 300 employees
Financing economic training