Social and Economic Committee (ESC)

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.

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.

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.

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.

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.