Covid-19 and the emergency measures regarding employee representative bodies within companies (3/3): The reduction of some information/consultation periods of the Comité social et économique
In order to enable a quick restart of the economic activity in the Covid-19 context, the Ordonnance n°2020-460 of 22 April 2020 and the Decrees n°2020-508 and 2020-509 of 2 May 2020 reduce largely some legal periods regarding the information/consultation of the Comité social et économique (CSE) and some expert procedures.
By way of derogation to legal, regulatory and contractual provisions, some exceptional periods are set for information and consultations of the CSE on employer’s decisions which have for purpose to address the challenges of the economic, financial and social consequences of the propagation of the Covid-19 epidemic:
- Communication of the agenda to the members of the CSE: the period is reduced from 3 days to 2 days prior to the meeting (from 8 days to 3 days for the central CSE).
- Consultation without the intervention of an expert: the period is reduced from 1 month to 8 days from the communication of the employer of the information concerning the purpose of the consultation.
- Consultation with the intervention of an expert: the period is reduced from 2 months to 11 days (and from 2 months to 12 days for the central CSE). For interventions of one or more expertise within consultations happening both within the central CSE and one or more facility CSE (CSE d’établissement), the period is reduced from 3 months to 12 days.
- Communication of the opinion of each facility CSE (CSE d’établissement) to the central CSE: the minimal period is reduced from 7 days to 1 day prior to the date on which the central CSE is deemed to have been consulted (and deemed to have given a negative opinion).
- Expert’s request for additional information necessary for the pursuit of its mission to the employer: the minimal period is reduced from 3 days to 24 hours from the date of his appointment.
- Employer’s response to the expert: the period is reduced from 5 days to 24 hours.
- Notification by the expert of the estimated cost, of the extent and of the duration of the expert proceedings: the period is reduced from 10 days to 48 hours from his appointment (or, if a request has been sent to the employer, within 24 hours of his answer).
- Referral to the judge concerning expert proceedings: the period is reduced from 10 days to 48 hours.
- Communication of the expert’s report: the minimal period is reduced from 15 days to 24 hours prior to the end of the consultation periods.
These time periods do not apply to the following information and consultations:
- the recurring information and consultation of the CSE on the strategic orientations of the company, on the economic and financial situation of the company and on the labor policy of the company, the work conditions and the employment (provided by Article L. 2312-17 of the French Labor Code) ;
- the information and consultation regarding the economic dismissal of at least 10 employees on a 30 days period.
- the information and consultation regarding a collective performance agreement.
The time periods affected by this adjustment are those that start running between 3 May 2020 and 23 August 2020. Regarding time periods that started running prior to 3 May 2020 and that are not yet expired, it is possible to suspend the current consultation proceedings and initiate new ones applying the special time periods (except for the communication of the agenda).