The social and economic committee ensures or supervises the management of physical or sporting activities and may decide to participate in their financing. It also issues an opinion on the conclusion of agreements, as provided for inarticle L. 221-8 of the French Sports Code, designed to facilitate the employment of top-level sportsmen and women, referees or judges and their professional retraining.
The contribution paid each year by the employer to finance the social institutions of the social and economic committee is set by company agreement. In the absence of an agreement, the ratio of this contribution to the gross payroll may not be less than the same ratio existing for the previous year.
In companies with several establishment social and economic committees, the determination of the overall amount of the employer’s contribution paid to finance the committee’s social and cultural activities is carried out at company level under the conditions set out in article L. 2312-81. The distribution of the contribution between the works councils is set by a company agreement in proportion to the number of employees in the establishments or their…
For the purposes of this paragraph, the gross wage bill is made up of all earnings and remuneration subject to social security contributions pursuant to the provisions of article L. 242-1 of the Social Security Code orarticle L. 741-10 of the Rural and Maritime Fishing Code, with the exception of compensation paid on termination of an open-ended employment contract.
In the event of a budgetary surplus, the members of the staff delegation of the social and economic committee may decide, by deliberation, to transfer all or part of the amount of the annual surplus from the budget intended for social and cultural activities to the operating budget or to associations under the conditions and within the limits set by decree in the Conseil d’Etat.
A social and economic committee is set up at company level. Establishment social and economic committees and a central company social and economic committee are set up in companies with at least fifty employees and at least two separate establishments.
A company agreement, concluded under the conditions set out in the first paragraph of Article L. 2232-12, determines the number and scope of separate establishments.
In the absence of an agreement concluded under the conditions referred to in Article L. 2313-2 and in the absence of a trade union delegate, an agreement between the employer and the Social and Economic Committee, adopted by a majority of the elected full members of the Committee’s staff delegation, may determine the number and scope of separate establishments.
In the absence of an agreement concluded under the conditions set out in Articles L. 2313-2 and L. 2313-3, the employer determines the number and scope of separate establishments, taking into account the management autonomy of the head of the establishment, particularly in terms of personnel management.
In the event of a dispute concerning the employer’s decision provided for in article L. 2313-4, the number and perimeter of the separate establishments are set by the administrative authority of the company’s registered office under conditions laid down by decree in the Conseil d’Etat. When the referral to the administrative authority is made as part of an overall electoral process, it suspends this process until the administrative decision is…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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