Up to now there was much confusion for foreign employers regarding the organization of staff representation in France and their respective obligations and duties. There was, prior to the Macron Reforms: the works council, staff delegates, and the work health and safety committee (CHSCT). Now, these will all be merged into one institution called the COMITE SOCIAL ET ECONOMIQUE (CSE). It must be established in companies with 11 or more employees. Its responsibilities vary according to the size of the company, and will mirror the former responsibilities of the staff delegates for companies with 11 to 50 employees, or the former responsibilities of all the former staff representative bodies for companies with more than 50 employees. The CSE has an operating budget and also deals with social and cultural activities when there are more than 50 employees in the company.
When to put it in place?
In practice, the CSE must be implemented at the end of the mandate of the current staff delegates, works council, and CHSCT, when renewing one of these institutions and no later than by December 31, 2019.
Should all or part of the mandates end in 2018, the Macron reform specifies that to ensure the proper introduction of the CSE, the duration of the current mandates can, for an establishment or for the whole of the company, be prolonged or reduced by collective agreement or by decision of the employer after consultation with the relevant staff representatives so that all mandates currently in force stop at the same time so as to coincide with the date of implementation of the CSE.
2018 might be the year that your company implements the CSE, so don’t hesitate to ask us for support in conquering this new labour law challenge.