The register of the social and economic committee (CSE)

Ordinance No. 2017-1386 of September 22, 2017 on the new organization of social and economic dialogue in the company and promoting the exercise and enhancement of trade union responsibilities created the social and economic committee (CSE) in merging the former staff representative bodies. This body plays an essential role as it will allow employees to be represented in front of the employer and to take their claims into account. In accordance with article L. 2311-2 of the French Labor Code, it is compulsory to set up this body in structures with at least eleven employees over a one-year period. The penalty for failing to set up a CSE is one year's imprisonment and a fine of 7,500 euros (Article L. 2317-1 of the French Labor Code).

1. THE CONCEPT OF THE CSE REGISTER  

The register of the CSE contains all the requests written by the members of the staff delegation as well as the reasoned answers of the employer. It allows to keep a proof of all the exchanges.

It is mandatory in companies with between 11 and 50 employees. 

Beyond 50 employees, this register is no longer mandatory. The questions of the members of the CSE appear on the agenda of the meeting and the employer must answer them during the meeting. The questions and answers are recorded in the minutes of the meeting.

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2. THE DEMATERIALIZED CSE REGISTER 

Ordinance No. 2017-1386 of September 22, 2017 establishing the CSE, as well as the Labor Code, do not expressly indicate what form this register should take. 

For several years, the dematerialization of documents and registers has been democratized, in particular with the crisis of the covid-19 which allowed a real impulse with the implementation of totally dematerialized general assembly processes (convocation, voting and minutes).  

Indeed, dematerializing all its registers and documents (legal, administrative...) allows to optimize its organization and thus : 

• From save space in the premises since it is no longer necessary to keep the ledger in paper format; 
• To do something for the environment;
• Save time: all records are accessible in a few clicks;
• To gain in security: only authorized persons will be able to consult them directly online with their identifiers.

Therefore, it is strongly recommended to keep a dematerialized CSE register to facilitate the life of company managers in all their legal procedures

3. PENALTIES 

According to article L. 2317-1 of the French Labor Code, the absence of a register constitutes an offence of obstruction to the functioning of the CSE which can lead to a penalty of one year of imprisonment and a fine of 7,500 euros. 

In addition, failure to submit this register to the labor inspectorate is punishable by a fine of 450 euros (art. R. 8114-2 of the Labor Code).