Employee representation in France: an obligation or not?

Purpose and functions of the CSE

The CSE replaces several former employee representation bodies, including staff delegates (DP), the works council (CE), and the health, safety, and working conditions committee (CHSCT).

The aim of the CSE is to ensure the collective voice of employees and to represent their interests in decisions relating to management, economic matters and working conditions.

Composition of the CSE

The structure and function of the CSE depend on the company’s size:

• Companies with 11 to 49 employees: The CSE consists of the employer and one or more elected employee representatives.

• Companies with 50 or more employees: The CSE has broader responsibilities and includes multiple members.

Responsibilities of the CSE

The responsibilities of the CSE also vary according to the size of the company. In companies with 11 to 49 employees, they consist mainly of:

• The right to be consulted on major decisions affecting working conditions and employee well-being.

• Helping to ensure compliance with health and safety regulations, including the investigation of work-related accidents and illnesses.

• Handling individual employee complaints and mediating between employees and management.

In companies with 50 or more employees, the responsibilities are more extensive. In addition to the responsibilities above, the CSE also has the right to be informed and consulted on:

• Workforce changes, including staffing levels and structural adjustments;

• The company’s economic and financial situation;

• Improvements to working conditions, including risk assessments and proposed improvements;

• Employee training plans and professional development opportunities;

• Major strategic decisions, such as restructuring, mergers, and acquisitions;

• Economic dismissals and layoffs.

Employers are required to hold regular meetings with the CSE. The frequency of these meetings depends on the company’s size and the topics to be discussed. In companies with 11 to 50 employees, the CSE must meet at least once per month.

Heures de délégation

CSE members are granted a set number of "Heures de délégation" by the employer to fulfill their responsibilities during working hours. These hours are considered working time and are fully paid.

The number of delegation hours available to a member of the CSE depends, again, on the size of the company. In companies with fewer than 50 employees, each representative is entitled to at least 10 hours per month. In companies with more than 50 employees, each representative is entitled to at least 16 hours.

Delegation hours can be used to prepare meetings, handle employee concerns, attend training sessions, and more. However, time spent attending official CSE meetings is not deducted from these hours and is considered additional.

The use of delegation hours must be coordinated with the employer, but the employer cannot monitor or restrict how these hours are used.

Protection against dismissal

CSE members benefit from special protection against dismissal. This protection remains in place throughout their term and extends up to six months after their mandate ends.

Before dismissing a CSE member, the employer must obtain prior authorization from the Labor Inspectorate. The Inspectorate will assess whether there is a legitimate and serious reason for dismissal, such as gross misconduct or economic necessity.

If a CSE member is dismissed without this authorization, the dismissal may be declared null and void, and the employee may be reinstated. Additionally, the dismissed employee may be entitled to claim compensation for damages.