© - ATH all rights reserved - Edition 2024 19 2024 EMPLOYER’S GUIDE particulary with regard to the environmental consequences of theses decisions. Duties on health, safety and working conditions : the CSE analyses occupational risks, helps to facilitate access by women to all jobs, proposes anti-harassment measures and carries out health and safety inspections. Social and cultural duties : services developed in favour of employees and their families. The threshold of 50 employees is deemed to have been reached when the company reaches or exceeds it for 12 consecutive months. MEANS OF ACTION OF THE CSE The number of elected representatives on the CSE varies according to the number of staff (1 permanent member and 1 substitute member in companies with 11 to 24 employees). Permanent members are given time credits to perform their duties (10 hours per month by permanent member in companies with less than 50 employees), a room and a notice board and health, safety and working conditions training of at least 5 days. In companies with at least 50 employees, the CSE has a civil capacity to act. It has an operating budget of 0.2 % of the payroll (0.22 % in companies with at least 2,000 employees) and a budget for social and cultural activities determined by collective agreement. Its members receive financial training. In these companies, the employer must set up an economic, social and environnemental data base (BDESE) including all the information required for recurrent consultation and notification of the CSE. For the most part, the operating conditions of the CSE are determined by negotiation. Ask us about the conditions under which part of the annual surplus of the CSE’s operating budget can be transferred to funding social and cultural activities and vice versa. PROTECTION OF STAFF REPRESENTATIVES For the duration of their term of office and 6 months after, employee members of the CSE cannot be dismissed or laid off or be the subject of a termination by agreement, unless authorised by the employment inspectorate. This also refers to the candidates for elections for a period of 6 months. Dismissal without authorisation is considered invalid. The employee is entitled to reintegration and compensation. OFFENCE OF OBSTRUCTION Obstructing the set up or operation of a staff representative body is an offence. In addition, failure to set up the CSE can have important consequences in situations where consultation of such bodies is required by law (physical incapacity, redundancy, short-time working…). Failure to set up the CSE is penalised by 1 year’s imprisonment and a fine of € 7,500. Obstructing the operation of the CSE is penalised by a fine of € 7,500. UNION REPRESENTATIVE A union representation may be appointed in a company or business with up to 50 employees. In companies with less than 50 employees, representative unions can appoint a member of the staff delegation to the CSE as a union representative. He/she performs the role of representing the union to which he/she belongs and negotiating agreements or collective agreements.
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