This training is charged to the duration of the economic tuition, social, and union training leave. These training courses are renewed when the representatives have exercised their mandate for four years, consecutive or not. The time spent on training is taken from working time and is remunerated as such. It is not deducted from delegation hours.
Role of the training of elected representatives of the social and economic committee:
To manage, animate, organize a social and economic committee (CSE) it is essential to be trained. Generally, elected officials have not been trained to take on this role. We become elected and then we train.
It is the labor code that defines the functioning of the social and economic committee (CSE), rights, and obligations respectively for elected officials and the employer. It is also necessary to know the Unsafe rules, certain parts of the commercial code, the accounting rules and obligations … not to mention the regulations of intellectual property, the civil code, and the penal code … To this, we must add case law …
Labor law is a law in constant evolution. Reforms are regularly adopted (Rebase law, Macron, etc.)
Rest assured, it is not a question of mastering the totality and exhaustiveness of these texts. Nevertheless, the training will allow the elected official to better dialogue with the employer, to know the scope of the regulations, and to warn him against certain pitfalls.
What training to start his mandate as elected of the social and economic committee:
Any newly elected official should quickly follow basic training after being elected: the role, operation, or obligations of a CSE. This training generally lasts two days.
It allows each elected representative to discover the extent of their obligations and prerogatives.
- Master the different attributions of the CSE,
- Validate the practical operation of the CSE and manage the resources allocated to the CSE,
- Clarify the rights and obligations of CSE members.
CSE referent training in prevention against sexism and sexual harassment:
The CSE referent, in matters of prevention of sexual harassment created by the law of September 5, 2018, must be appointed by the social and economic committee, since January 1.
This training will cover the following points:
- Be familiar with this new mission among that of the CSE.
- Master the legal framework of sexual harassment in companies.
- How to ensure its role of referent in matters of sexual harassment or sexist acts?
- Prevention and communication actions.
To know more
What are your rights to benefit from training?
The “legal” training of CSE members:
In companies with at least fifty employees, the full members of the social and economic committee elected for the first time benefit from an economic training course lasting a maximum of five days. The financing of the training is taken care of by the social and economic committee Training costs are therefore borne by the social and economic committee; they cover educational costs and travel costs for staff representatives on this occasion. They are charged against the operating grant.
These pieces of training are renewed when the representatives have exercised their mandate for four years, consecutive or not
This training is charged to the duration of the economic tuition, social, and union training leave provided.
Training funded with the operating budget:
The CSE or the EC may decide to organize training for its members. The training time can then be taken from the delegation hours available to the members, if applicable.
The operating budget also makes it possible to finance the training of its members (incumbents, substitutes). If the training is paid for with the operating budget (teaching and travel costs), how is the incumbent’s day paid?
- You can take 7 hours of delegation,
- You can take unpaid leave. In this case, ask the employer not to deduct the day of absence from your pay sheet, the works council will reimburse the corresponding salary with the operating budget.
- You can take an RTT day or a paid day off.
Training of company union representatives and local representatives:
The social and economic committee may decide, by deliberation, to devote part of its operating budget to financing the training of company union representatives as well as to the training of local representatives, when they exist.
Can the alternate elected representatives participate in the training of the CSE?
Labor Code indicates that the training benefits the holders and remains silent for the substitutes. “In companies with at least fifty employees, the full members of the social and economic committee elected for the first time benefit, under the conditions and limits provided, from an economic training course of a maximum duration of five days.
However, this article does not explicitly prohibit substitutes of the Labor Code, defines an obligation for the employer intended for incumbents but does not exclude substitutes.
It is strongly recommended that you negotiate their attendance with your employer. The alternates replace the incumbents as soon as they are absent. They must assume their roles properly and should benefit from training. The substitutes are very often the holders of the next mandates.
The absence of any obligation on the part of the employer often raises the issue of covering their salary during training. Several solutions can then be negotiated with your employer.
- The substitute takes a day off, RTT;
- The substitute uses delegation hours transmitted by a holder;
- The CSE reimburses the company with its operating budget for the salary equivalent to the training time of the substitute (salary and contributions);
- The incumbents accept a reduction in the number of “economic tuition” training days on their mandate in exchange for the presence of substitutes. Example: 4 holders can benefit from 5 days of economic training; this represents a total of 20 days of training. 20 days this could represent the presence of 4 incumbents and 3 substitutes on a 3-day training course (7 * 3 = 21 days).
Economic Training Request Procedure:
It is up to the staff representatives to make the request the law does not impose on the employer the obligation to take the initiative to implement this training.
The employee sends the employer, at least thirty days before the start of the economic tuition, social, and union training leave, a request informing him of his wish to benefit from this leave.
It specifies the date and duration of the requested absence as well as the name of the body responsible for the internship or the session,
The refusal of economic, social, and union training leave by the employer is notified to the person concerned within eight days of receipt of his request.
Leave for economic and social training and union training is automatic, except in the case where the employer considers, after obtaining the assent of the social and economic committee, that this absence could have consequences detrimental to the production and proper functioning. of the company. The refusal of leave by the employer is justified.
In the absence of a response, the leave is deemed to have been acquired (Circ. DRT 87/11 of 3 November 1987, V: BOMT n ° 87-25 p. 55). In case of failure to consult staff representatives, the employer faces sanctions and 3 fine the, class.
In the event of a dispute, the adjudication office of the industrial tribunal seized in the application of article in the last resort, according to the forms applicable to the summary proceedings,
The maximum duration of the economic training course is 5 days and the training is renewed when the members of the committee have exercised their mandate for 4 years, consecutive or with the agreement of the company, the 5 days can be carried out non-consecutively, for example, a 2-day session then another of 3 days.
The Time Devoted to The Training of Elected Officials of the Case:
The time devoted to training is taken from working time and is remunerated as such. It is not deducted from delegation hours.
It seems that these provisions apply to all the training provided for all the members of the social and economic tuition, the provisions of the former of the Labor Code enshrined the right only to the newly elected members of the labor committee. company to a 5-day economic training.
Training is provided either by an organization appearing on a list drawn up by the administrative authority under conditions determined by decree of the Council of State, or by one of the organizations mentioned in the article. These training are renewed when the representatives have exercised their mandate for four years, consecutive or not.
Economic tuition, Social, And Union Training Leave:
Any employee who wishes to participate in courses or sessions of economic tuition and social training or union training organized either by centers attached to the trade unions mentioned in 3 ° of Article or by specialized institutes, is entitled, on his request, to one or more holidays.
Economic Training Approval for Case Elected Officials:
We are approved to deliver economic training to elected members of the CSE. Indeed, to follow economic training, the elected representatives of the CSE cannot apply to any training organization Calling on an approved training organization is to ensure the quality of the training.