Raising the threshold for creating CSEs to 250 employees would be “a new challenge to social dialogue in companies where it is most fragile”

Lhe parliamentary report submitted on February 25 to the Minister of the Economy, Bruno Le Maire, which should serve as the basis for the future administrative simplification bill, recommends fourteen measures to alleviate the obligations, standards and/or difficulties encountered by heads of VSE and SME business. If some of them may seem legitimate in view of the time-consuming and complex administrative procedures for VSE-SMEs, it is regrettable that other measures are mixed in, presented as a means of removing the obstacles to business growth. , without any prior study to support this claim.

The report therefore proposes to raise the thresholds for setting up social and economic committees (CSEs), particularly CSEs with economic responsibilities. “reinforced” (sic), by increasing the workforce threshold from 50 to 250 employees. The application of this new threshold would constitute a new challenge to social dialogue in companies, and even more so in those of modest size, where it is the most fragile and the most difficult to maintain. Raising this threshold would lead to the elimination of the granting of the operating subsidy (economic and professional attributions) for a large number of CSEs.

And without an operating subsidy, elected officials will no longer be able to train (for economic training supported by the CSEs), have recourse to lawyers and legal advice (to defend themselves, contest before the courts), have recourse to the expert- accountant (yet compulsory for CSEs whose resources exceed 153,000 euros), travel to committee work meetings, communicate with employees, use free expertise, etc.

Information fuels reflection and fuels proposals

Furthermore, CSEs with fewer than 250 employees would find themselves deprived of expert consultations (essential for understanding the economic, social, strategic and environmental issues of the company), recurring or one-off, in particular those relating to important projects impacting the health and working conditions of employees. No more, also, the recourse to the expert in the context of situations of serious risk for employees.

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This raising of the threshold would therefore have very serious consequences on the functioning of the body and on the employees, as already shown, moreover, by the functioning of the CSEs of companies with fewer than 50 employees, in which social dialogue is particularly difficult, due to lack of resources for staff representatives and the reduction of consultation obligations for the employer. The report also recommends the deletion of the economic, social and environmental database!

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