PV of CSE: why do ?

Just like the report, CSE PV is an important tool. However, these two elements are different on many points, in particular both by their legal value and by their vocation. What exactly is it ? Is this report compulsory and which is in charge of its drafting ? Discover in this article the answers to these questions.

That’do’A CSE PV ?

This is a common exchange mode in business allowing to return the essential information discussed during professional meetings. At each meeting of the social and economic committee, the implementation of CSE PV is necessary to inform about exchanges. It is good to note that this is not a simple formality. The CSE meeting report is an official document used to find an observation in order to officially record the decisions taken during the meeting.

This document is intended to inform that the staff was represented during the professional meeting. Its drafting after each meeting of the social and economic committee is optional for companies with less than 50 employees. On the other hand, it is compulsory if an opposite agreement or an agreement applies in the company.

The same goes for all companies with more than 50 employees.

You want to avoid the last -minute absence problems of a holder, especially if no supplement is able to replace it ? It is recommended to go to a platform to manage a CSE. It generally offers a full suite of services and tools designed to better organize the timetable of each member of the Committee.

Why make a CSE PV ?

After approval, the CSE PV has a legal value, to be distinguished from a report, which is a simple synthesis of the meeting. Indeed, it is designed to summarize the content of the exchanges, the commitments of the employer and the requests of elected officials. It is thus necessary to take care of the drafting of this official document, because it allows to give the exchanges a convincing value, both in the company and before the courts.

The minutes of the meeting of the social and economic committee is considered an essential communication instrument to employees. It must be displayed in the premises of the company in order to inform employees of the decisions taken and the exchanges during the meeting. However, display and distribution are only authorized after validation of the PV.

It is also possible to transmit it to occupational medicine or to the labor inspectorate.

The members of the social and economic committee are not allowed to transmit the result of the exchanges during the meetings if the minutes have not yet been validated. It is prohibited to inform employees, whether orally or in writing, under penalty of sanction. This prohibition does not apply in the event that subjects on the agenda contain an emergency character.

However, the agreement of the employer and the other members of the CSE is required.

S’occupies the editorial staff ?

Following article L2315-34 of the Labor Code, the establishment and the drafting of the said minutes return to the secretary of the CSE. However, these tasks can be entrusted to another elected official in case he is unable to attend the meeting. The latter will then be appointed session secretary. According to case law, the employer is not entitled to write, sign and display the PV without consulting CSV members.

Like all aspects of social dialogue, this type of offense may have consequences for collective labor relations is considered a hindrance offense.

The minutes must be drawn up with the greatest care, as for any compulsory legal document, and transmitted within 15 days, from the date of the meeting. In the event of collective dismissal of at least 10 employees, for economic reasons, the transmission to the employer must be made within 3 days. This period is 1 day in the event of recovery or compulsory liquidation.

The broadcast is to be carried out as soon as possible.

The time limits for writing CSE PV are provided by article R2315-25 of the Labor Code. They are also provided for by the company agreement. It is good to note that according to article L2317-1 of the Labor Code, the secretary who refuses to write this document or who intentionally delays his drafting commits a hindrance offense, liable to a fine of 7,500 euros.

Moreover, the time required for the establishment and the drafting of the minutes is charged on his hour credit, unless he decides to entrust the task to a service provider.