The Works Council is indispensable in a company and obligatory, the term changes and becomes the Works Council.
The EC company missions and responsibilities
Since 1945, companies with more than 50 employees have been obliged to set up a Works Council or THIS. Since its inception, the EC company is highly valued by employees for its economic missions, but also for its social and cultural activities within thecompany. To this end, it has financial and material resources. Over time, its missions have expanded. Let's take a closer look at this concept that is being emulated.
The EC company What is it?
Established in 1945, the EC company is an institution that represents the workforce. Made compulsory in all companies with more than 50 employees, the THIS participates in the implementation of cultural and social actions of thecompany. The this works council also contributes to the management of the economic activities of thecompanyThis is in accordance with the conditions imposed by the Council of State. It should be noted that the EC company is replaced by the employee delegates in the event that thecompany has fewer than 50 employees. Regardless of the work in which it is involved, the THIS is always committed to acting for the good of employees and their families, but also for former employees. It also allows you to choose your corporate gift for the end of the year in order to please its employees and to meet the various suppliers.
The EC company Members and their appointment
The company's website is organised mainly around three bodies: the Head ofcompanyIn some cases, this may include the elected employee delegation, and in some cases the trade union representatives appointed by the trade unions.
The head of thecompany is the person who has the right to vote on all decisions concerning the organisation of the works council, including the election of the secretary of the EC company. However, his or her vote is not taken into account if the EC company is called upon in the course of its economic activity and that it questions members of the THIS as a staff representative. Nor can he vote on matters concerning the management of the social and cultural life of the company.company. In addition, he/she may be assisted by 2 collaborators who will not be entitled to vote.
Trade union representatives from the company's website are appointed by the different trade unions. Unlike the manager, they have no voting rights. The delegates are elected by the employees. Their number will be proportional to the number of employees.
It should be noted that these two this works council have immunity from dismissal. Indeed, if the head of the company has not obtained prior authorisation from the labour inspector, he or she cannot initiate dismissal proceedings.
Staff representatives are the basis of the EC company. Regardless of the subject matter, each member has the right to vote. Alternates can also attend the vote, but do not have the right to participate, provided that their titular member is absent. The term of office for each staff representative is four years, renewable (previously two years). This will allow closer contact with employees and better monitoring of issues. This duration can be established by derogation by a branch, group or company agreement. In general, only candidates aged 18 and over and with one year's seniority are eligible. Voting will take place in secret during working hours.
In a company with less than 50 employees, the creation of the company's website can be done by collective agreement. Even in this case all the regulations on works councils will apply. Alternatively, the head of the company may choose to set up a single delegation. In this case it is the employee delegates (PD) who play their role in the works council ce.
Implementation of the works council ce
At least forty-five days before the first round of the company's websiteThe head of the company is obliged to inform the employees by posting a notice. Employees aged 16 and over who have worked for three months in the company can participate in the vote.
The candidates of the this works council must be at least 18 years old and have been working for the company for one year without interruption. It should be noted that the parents of the entrepreneur are not allowed to run, whether it be a brother, sister, child, brother-in-law or sister-in-law.
An exception is made in the case of the establishment of the single delegation, known as the EC company "classic". If the company has fewer than 200 employees, the employer has the right to appoint the employee delegates as the employee delegation to the EC company. However, prior consultation of employee representatives is required. In short, the same elected representatives carry out the tasks of the works council ce and staff representatives.
In the event that no candidates are nominated for election, the employee delegates will take on the role of the members of the company's website and will carry out the latter's tasks in economic matters.
A college of representatives is elected by the employees according to their professional category. In general, two colleges are set up within the this works council. The first is made up of employees and workers, and the second of managers, supervisors and technicians. If the number of engineers and managers exceeds 25, they will have a separate college which will be representative of the third college.
The organisation of the election of the company committee is carried out college by college, during working hours. The number of members to be elected depends on the size of the company:
5 members and 5 substitutes for a workforce between 50 and 74 employees,
8 members and 8 substitutes for a workforce between 100 and 499 employees,
11 members and 11 substitutes for a workforce of between 4,000 and 4,999 employees,
15 members and 15 substitutes for a workforce of more than 10,000 employees.
The companies involved in the EC company
Many companies are obliged to set up a company's websiteincluding :
Private law companies or recognised economic and social units (ESUs),
Foreign companies with one or more establishments in France,
Public establishments of an industrial and commercial nature (EPIC).
These entities must have at least 50 employees for 12 consecutive months during the last 3 years. If the number of employees is below the minimum threshold, the this works council is deleted. Employees with an open-ended contract, whose weekly working time is 20 hours or more, are fully taken into account when calculating the number of employees. Employees with an open-ended contract whose weekly working time is 20 hours or less are counted pro rata to their weekly working time.
The ECCs, the grouping of this works council
If a company has several sites with at least 50 employees, a central works council will be set up. Each site will have its own THIS. However, each this works council will appoint one of its members to be its representative on the ECC, which brings together all the representatives. In this capacity, the ECC will act as a liaison between all company's website.
The THIS company and its organisation
The office of the EC company is made up of its chairman (the head of the company), a secretary (elected by the delegation) and a designated treasurer. In order for the works council ce In order to ensure that the rules of procedure are consistent and fair, they must be implemented. It also decides on all the provisions that these rules have put in place, while respecting the legal texts. Insofar as the EC company manages the material organisation of the company and defines many important points such as the communication of minutes, it will be voted by a majority of the elected representatives.
The company committee meets every two months in companies with fewer than 150 employees, and once or twice a month in companies with more than 150 employees. The meetings of the works council ce are held during working hours. The head of the company and the secretary set the agenda, which is then communicated to the other members three days before the meeting. It should be noted that the EC company receive economic training when they take up their first mandate.
The EC company must have a suitable room, large enough to hold all its members, to be able to work in good conditions. It must also receive a grant. As regards the committee's operating budget, this grant enables the works council ce to finance its economic activities.
The EC company and the financing of its actions
In general, funding for works council activities comes from :
Of contributions requested from staff,
From donations and legacies,
Income received from events organised by the EC company himself,
Grants from public authorities, trade unions, etc.
Income from the movable and immovable property of the EC company,
A subsidy paid by the employer equivalent to 0.2% of the gross wage bill,
An employer's contribution of 1 % for cultural and social activities. In practice, this is the most important contribution. It should be greater than or equal to the sums spent on the social activities of the works council ec the previous three years.
In addition, the works council may also have :
Expert assistance, whether from a legal expert, an accountant or an expert in new technologies (especially in a company with 300 or more employees). The employer or the works council ec (through its operating budget) will take care of the remuneration of the expert;
A credit of 20 hours per month: for each holder in companies with 50 or more employees, and for each trade union representative in companies with more than 500 employees.
The budgets of the GB d company
Each year, the employer is obliged to allocate an operating budget for the EC company. The minimum amount is 0.2 % of the annual wage bill. It will be used, among other things, to pay for current operating costs, external experts, training for elected representatives and the purchase of documentation.
For the financing of the social and cultural activities of the company's websiteIn this case, the employer will pay a contribution according to the activities carried out. No minimum rate is set in this case.
On some occasions, the works council ec reserves the right to request the services of a chartered accountant who will be paid by the employer. This may be in the context of examining the accounting documents sent to it. The expert may then investigate the company's economic, financial and social files.
The roles and missions of the EC company
The works council has various functions within the company.
The economic and professional powers of the works council in the company
In the economic and professional field, the company committee acts as a consultative body. It must be informed or consulted on all decisions concerning the management, organisation and financial and economic development of the company.
When the entrepreneur makes important decisions, the works council ec must be informed in writing and consulted in advance. After discussing the matter, it will give its opinion during the consultation. The secretary will record the deliberations of the EC company.
In particular, the works council must be consulted on
Hiring and forward-looking management of employment and skills,
The organisation of working time (duration and arrangement),
Leave,
Drawing up or amending the rules of procedure,
The individual right to vocational training,
Professional equality,
Redundancy plans: collective redundancy for economic reasons, redundancy of an employee representative,
A collective procedure: safeguard, recovery or liquidation,
The introduction of new technologies, foresight, etc.
The EC company intervenes according to priorities, since in practice it cannot manage everything.
Although the employer should consult the works council members on these issues, it is not obliged to follow their advice. In addition, the employer can depart from this principle before launching a public exchange offer (PEO) or a public takeover bid (PBO) for the company's capital.
The social and cultural missions of the company's website
The management and organisation of the company's social and cultural activities is one of the best known roles of the EC companyThis is not obligatory. Sports and leisure activities, travel arrangements, management of social welfare and pension institutions, supplementary health care, housing assistance, etc. These activities have the sole aim of ensuring the well-being of employees both internally and externally. Among other things, they help to improve their working and living conditions. Some actions, such as financial aid for childcare or home-based employment, help to reconcile work and family life. The Labour Code (Art. R.2323-20) serves as a guide by establishing a non-exhaustive list of activities.
The works council will control and manage these social and cultural activities without constraints, for the benefit of employees (regardless of their seniority) and their families (husbands, wives, children, even widows and widowers of former employees). These activities are negotiated through various partnerships.
However, these activities must be carried out in accordance with two legal principles:
No discrimination or distinction may be made between employees;
Activities must be ideologically neutral: political, religious or trade union activities should be avoided.
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The this works council and its sources of information
The works council needs to be competent to be functional. In other words, its members need to learn a minimum of legal knowledge in order to know its prerogatives and rights. But more importantly, it needs to be well informed. Employees are its first source of information. They should not hesitate to come and express their concerns and questions. Dialogue is therefore very important.
The company committee and improving knowledge
The works council ec must keep itself informed of economic and financial changes within the company. One month after each election, the employer must provide the works council with economic and financial documentation including the legal form of the company, its organisation, possible economic prospects, its position within the group and the branch to which it belongs, the distribution of capital between shareholders with at least 10% of the capital, etc. The aim of this prior information is to improve the knowledge of the works council members about the company so that they can better carry out their economic tasks.
Works council and corporate reports
Every year the employer should also submit to the works council a document setting out pay trends by occupational group. It will also provide other economic and financial reports to the works council. EC company This includes turnover, profits or losses, allocation of profits, measures concerning changes in production, etc. Depending on the size of the company, the obligations will be more or less stringent.
The works council ec uses notice boards to inform employees about its activities. The company's intranet is also a very effective means of communication. The EC company can also decide to organise information meetings with employees. In addition, its members can move freely around the company to discuss with the staff, during or after working hours.
The Social and Economic Committee (CSE)
The establishment of the Social and Economic Committee (CSE) will gradually become compulsory in companies with more than 11 employees. Pursuant to the provisions of Order No. 2017-1386, the CSE will replace all employee representative bodies from 1 January 2020. The CSE will, among other things, merge the staff delegates (DP), the works council (CE) and the health, safety and working conditions committee (CHSCT). For companies with less than 11 employees, the introduction of the CSE is optional. However, a collective agreement or a labour agreement allows it to be established.
The roles of the cse
The CSE will deal with all the issues in the company. In other words, this new body will take over the prerogatives of the DP, the CE and the CHSCT. In addition to the allocation of social and cultural benefits to employees, the CSE will have the task of reporting to the employer the (collective and individual) complaints of employees on various fields of application. It will constitute a real pivot of social dialogue in the company.
In the context of its economic prerogatives, the body will be concerned with safeguarding the interests of employees in decisions concerning the management and economic and financial development of the company, working conditions and training, the reorganisation of services, or even plans for economic redundancies. It will be kept informed of all decisions taken in these areas.
As part of its social and cultural mission, the CSE facilitates access to sports and leisure activities, holidays and culture for all employees and their families. Throughout the year, it offers various activities. It guarantees an equitable distribution of the budget for social activities and transparency in the monitoring of expenditure and the conditions for the allocation of subsidies.
The cse must be consulted on decisions that involve changes in the general organisation of the company (size and/or structure of the workforce, economic and legal organisation, working conditions, introduction of new technologies).
Financing the activities of the ETUC
The cse has an operating budget (paid by the employer) and a budget for social and cultural activities (set by company agreement). The rate of the operating budget is set at 0.2% of the gross wage bill in companies with between 50 and 2,000 employees and at 0.22 % in companies with more than 2,000 employees. It is exclusively devoted to administrative operating costs, training, furniture and computer equipment, communication costs, travel costs, etc. As for the budget for the ASC, it will be used for all the services dedicated to employees and their families, in the areas of sport, culture, holidays, ticketing, etc.
After deliberation, the cse may decide to transfer part of the surplus from the operating budget to the CSB budget, and vice versa. The amount and modalities will be set by decree. It should be noted that 10% of the surplus from the annual social and cultural activities budget will be transferred to the operating budget.
The general organisation of the ETUC
The CSE is made up of the head of the company and a staff delegation with an equal number of full and substitute members depending on the number of employees in the company.
A bureau is elected to ensure the day-to-day management of activities and the implementation of decisions taken at the plenary meeting. It is a real executive body and is composed of a secretary and a treasurer. Both may be assisted by a deputy.
The cse is also made up of different committees, some of which are set up by a company agreement. They represent the employees and their role is to defend their interests. They each have specific tasks and responsibilities.
The health and safety committee is responsible for ensuring the working conditions of employees, protecting their health and safety. To this end, the HSC analyses occupational risks. Its aim is to facilitate women's access to employment, the resolution of problems relating to maternity and adoption, and the adaptation of workplaces for people with disabilities.
The economic committee is responsible for studying the company's economic and financial documents.
The vocational training committee is consulted annually by the employer before the training plans are presented. It studies the general guidelines and assesses the match between employees' needs and the proposed training courses. A budget is allocated for the implementation of actions that enable employees to adapt and maintain their jobs, but also to improve their skills. The committee also informs employees about their training rights.
The task of the professional equality commission is to combat all forms of discrimination. It analyses the report on professional equality submitted by the employer.
The Contracts Committee chooses the service providers and suppliers of the ETUC. On the proposal of the Contracts Committee, it defines the criteria for the choice of suppliers and service providers, as well as the procedure for the purchase of supplies, services and works for contracts with a value above a threshold set by decree (€30,000).
Despite the existence of trade unions in the company, they cannot negotiate. However, compulsory negotiations take place every 2, 3, 4 or even 5 years. If there are no agreements, the supplementary legal provisions are applied.
You have probably already heard of the Works Council or CE. This is a group of staff representatives who can defend the good causes of the employees in front of the employer. It is a collective body made up of staff delegates and trade union delegates. The aim is to improve industrial relations and protect employee benefits. It is an organisation with its own operating budget. Thus, the obligation of a works council is to be informed about all social and economic decisions of the company. You should know that from 50 employees onwards, the legal status of the works council becomes compulsory.
Works Council and Works Council: definition
One of the bodies resulting from the professional elections, the establishment of the compulsory works council is organised by the employer. Find out in the paragraphs below the definition of works council.
It is an institution representing the staff
The works council is a staff representative institution (IRP), elected by all the employees of the company concerned. It comprises a single delegation and full members to determine and manage the operating budget of the works council. It is therefore a kind of body that brings together the representatives of all the staff, who may also be, in certain circumstances, the company's representative. The committee, representing the employees, has the task of monitoring economic developments and social relations between the employer and the employee.
Works councils will be set up according to the size of the company. A medium-sized company with 50 employees or more must have a works council. If the number of employees in the company is less than 50, the works council is appointed by the employee delegate.
Elected for a four-year working term, the works council is involved in the management of the company's economic and social activities, subject to the conditions laid down by the Council of State. Obviously, all its tasks are carried out for the benefit of the employees.
Works councils have activity budgets to meet the gross wage bill. This type of organisation even has an accountant and a treasurer for the proper functioning of all constituent branches.
What is the purpose of a works council?
But what is the purpose of a works council? The role of the private works council is to defend employees and to offer them exclusive offers at reduced prices. With the help of works council budget projects, it is involved in the design of CE gifts and advertising objects in the company's image. Thus, every move by the employer falls within the remit of the works council. This can be of two types. It can be economic. The legal status of the works council stipulates that it must be consulted by the employer on all economic matters of the company. Thus, when the employer takes important decisions, he must inform the management of the works council. However, the elected members and employee representatives of the works council appoint an accountant to pass on the relevant taxes.
Also, this allocation can be social and cultural. The compulsory works council takes charge of all the company's socio-cultural policies for the benefit of employees. It also participates in the management of the company's social security contributions, the health and safety service and leisure and sports activities.
Of course, all these tasks of the works council are only possible with the implementation of a works council budget project. The aim of the latter is to please the majority of the members and to offer a maximum of offers and activities to the employers.
The composition of a works council
To continue with the definition of works council, it is necessary to know what makes up the works council. Basically, the works council is composed of three bodies:
- the head of the company: this is the chairman, the elected member of the committee or the committee delegate. He/she has a right to vote on all decisions taken in the organisation of the private works council;
- the individual elected members: which is made up of the employee delegations. These members are determined according to the number of employees in the company;
- trade union representatives: who do not have voting rights. Its role is to carry out labour inspection.
As a reminder, companies with more than 50 employees must have compulsory works council members. The works council is a collective structure which sets its own rules.
Company works council: what about the allocation of gifts to employees?
Financing your company gift through the works council budget is a plausible solution, especially during the end-of-year period. Thanks to the existence of the works council, the employees benefit from social advantages, being able to organise outings or leisure or sports activities, or even holiday camps. The latter, however, are covered by the holiday voucher scheme. They can also take advantage of a specific event involving all the staff in order to offer themselves company gifts. It should be noted that these are an important source of inspiration and new motivation, especially for employees.
Improving the effigy of a works council
Nowadays, the new generations are looking for a new concept of work. They are looking for benefits that are as important as basic pay. These benefits must correspond to their desires and needs. There are different types of benefits, among which the CE gift is one of the best solutions to meet their expectations.
The company can promote its brand image through gifts designed or purchased with the activity budget set up by the works council. The corporate gift box can be personalised to attract the attention of the recipient. Indeed, it is an excellent way to motivate employees, to boost team spirit and to animate the network of partners. The results are aimed at improving working conditions within the company.
Maintaining customer loyalty and trust
The implementation of corporate gifts will not only be useful to improve the visibility of your brand image. It is also a particularly effective tool for carrying out your customer loyalty policy. Nevertheless, it is necessary to discuss this with the committee delegate and the union delegates on whom the feasibility of the corporate gift project depends.
Indeed, corporate gifts allow you to safeguard social relations with your customers. Not only does it preserve their loyalty, but it also helps to win back those who have already left. So set yourself apart from your direct competitors by opting for original and personalised corporate gifts.
Some ideas for corporate gifts
The CE gift is particularly multifaceted. It can be a small, everyday object, such as a torch, a key ring, a mug, a bag, a photo frame, etc. It can also take the form of a high-tech object relevant to your professional life.
Cadeaux High-tech is specialised in CE gifts, business gifts and CSE gift of the company. To get some ideas for a present, you can look directly at our CE catalogue. A wide range of choices awaits you on this platform.
For example, you can choose between a USB stick, a Bluetooth kit, a fountain pen, a bottle of wine, etc. Depending on the union organisation of the committees, you can also choose between gift vouchers, holiday vouchers or cinema tickets, etc. The list is not exhaustive, but it is highly recommended to consult the Cadeau High-tech website to benefit from preferential rates. Note that each activity requires consultation with the committee.