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…
The loss of the status of separate establishment in the cases provided for in articles L. 2313-2 to L. 2313-5 entails the termination of the duties of the members of the staff delegation of the social and economic committee of this establishment, unless an agreement to the contrary, concluded between the employer and the representative trade union organisations under the conditions provided for in the first paragraph of article L….
The company agreement defined in article L. 2313-2 may set up local representatives. The agreement also defines: 1° The number of local representatives; 2° The duties of the local representatives, in particular with regard to health, safety and working conditions; 3° The procedures for their appointment; 4° Their operating procedures, in particular the number of delegation hours from which the local representatives benefit to carry out their duties. The local…
When an economic and social unit comprising at least eleven employees is recognised by collective agreement or court decision between several legally distinct undertakings, a joint social and economic committee is set up. Establishment social and economic committees and a central company social and economic committee are set up in economic and social units comprising at least two establishments. A company agreement concluded at the level of the economic and…
When justified by the nature and importance of problems common to companies on the same site or in the same area, an inter-company collective agreement concluded between the employers of the companies on the site or in the area and the representative trade union organisations at inter-professional level or at departmental level may set up an inter-company social and economic committee. The agreement defines: 1° The number of members of…
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is a Registered Trademark of
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75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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