2026 CSE Elections: A Complete Guide for Employers

The organization of the elections for the Comité Social et Économique (CSE) is a legal obligation for any employer whose company reaches a threshold of 11 employees for 12 consecutive months. This process, governed by Articles L. 2311-2 and following of the French Labour Code, requires rigorous preparation. Here is the complete guide to secure each step.

When to Trigger CSE Elections?

Article L. 2311-2 of the French Labour Code mandates the establishment of the CSE in any company with at least 11 employees once this threshold is reached over a consecutive period of 12 months. The calculation of the workforce follows the rules set out by Articles L. 1111-2 and L. 1111-3 of the French Labour Code: full-time permanent contracts (CDI) count as 1, fixed-term contracts (CDD) and temporary workers are counted pro-rata to their time of presence, and part-time employees are counted pro-rata to their contractual hours.

The employer must organize the elections within 90 days following the notification to employees about the organization of the vote (Article L. 2314-4 of the French Labour Code). The first round must take place no later than 90 days after this notification.

Key Point: The renewal of the CSE must be organized before the expiration of the current mandates. The employer must initiate the electoral process at least 2 months prior to the expiration date.

The Pre-Electoral Agreement (PAP)

The PAP is the cornerstone of the elections. Article L. 2314-6 of the French Labour Code requires the employer to invite trade unions to negotiate this protocol. The invitation must be sent at least 15 days before the date of the first negotiation meeting.

The invited trade unions are those outlined in Article L. 2314-5:

Trade unions recognized as representative within the company or establishment
Those that have formed a union section within the company
Trade unions affiliated with a national and interprofessional representative trade union organization

The PAP sets the distribution of personnel and seats among the electoral colleges, practical voting modalities (electronic voting, postal voting), and the electoral timetable.

Electoral Colleges and Seat Distribution

Article L. 2314-11 of the French Labour Code generally provides for two colleges: the first college (workers and employees) and the second college (engineers, department heads, technicians, supervisory staff, and similar roles). A third college is mandatory in companies with at least 501 employees when the number of engineers, department heads, and executives is at least 25 (Article L. 2314-12).

The number of seats to be filled is set by Article R. 2314-1 of the French Labour Code based on the company’s workforce. For example: from 11 to 24 employees, 1 principal and 1 alternate; from 25 to 49 employees, 2 principals and 2 alternates; from 50 to 74 employees, 4 principals and 4 alternates.

The Voting Process

Elections are held using a two-round list voting system with proportional representation based on the highest average (Article L. 2314-29 of the French Labour Code). The first round is reserved for lists presented by trade unions. If the quorum is not reached or if not all seats are filled, a second round is organized within 15 days, open to independent candidacies.

Attention: The employer must ensure parity on the candidate lists. Since the Rebsamen law of August 17, 2015, Article L. 2314-30 requires that lists respect a proportion of women and men corresponding to their share in the electoral college.

Electronic Voting

The use of electronic voting is possible through a company agreement or, failing that, a unilateral decision by the employer after consulting the outgoing CSE (Article R. 2314-5 of the French Labour Code). The chosen system must guarantee the confidentiality of the vote, the integrity of the election, and voting secrecy. A specifications document must be established, and an independent expert must certify the system.

Record of Non-Submission

If no candidacies are presented in the first and second rounds, the employer establishes a record of non-submission that must be submitted to the labor inspector within 15 days (Article L. 2314-9 of the French Labour Code). This record of non-submission is valid for the duration of the mandate, typically 4 years.

Electoral Litigation

Disputes regarding the electorate, the validity of the electoral process, and the designation of union representatives fall under the judicial court’s jurisdiction (Article R. 2314-24 of the French Labour Code). The deadline for disputing the validity is 15 days following the election for challenges regarding the process, and 3 days for those concerning the electorate.

The cancellation of elections may be declared in case of irregularities that distort the election results. Jurisprudence is particularly vigilant regarding the respect of parity rules (Cass. soc., May 9, 2018, No. 17-14.088).

Common Employer Mistakes

Omitting to invite a union: the omission of a representative trade union leads to the annulment of the elections
Failing to adhere to the timeline: not respecting deadlines may engage the employer’s liability
Neglecting parity: a list that does not respect the male/female proportion can lead to the annulment of the election of the overrepresented gender candidates
Late dissemination of electoral lists: lists must be displayed at least 4 days before the election

To secure your company’s electoral process, DAIRIA Law attorneys will assist you at every step, from negotiating the PAP to managing disputes. Explore our legal AI solutions to automate your compliance with labor law.

FAQ – CSE Elections

What is the threshold for organizing CSE elections?

The CSE must be established in any company reaching 11 employees for 12 consecutive months (Article L. 2311-2 of the French Labour Code).

How long do the mandates of CSE representatives last?

The mandates last for 4 years, in principle, unless a collective agreement specifies a duration of between 2 and 4 years (Article L. 2314-33 of the French Labour Code).

What happens if no candidate comes forward?

The employer will establish a record of non-submission, which is submitted to the labor inspector within 15 days. The employer is exempt from organizing new elections during the duration of the mandate.

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📚 Further Reading

Essential Clauses of the Employment Contract

The employment contract, whether for a permanent position (CDI) or a fixed-term contract (CDD), constitutes the foundation of the employment relationship. While a full-time CDI can be concluded without a written document (unless otherwise stipulated contractually), it is highly recommended to draft a written contract to secure the relationship.

The following clauses deserve particular attention:

Qualification and classification: these determine the applicable minimum collective salary and the employee’s rights. They must match the functions actually performed (Article L.1221-1 of the French Labour Code).
Compensation: detail the base salary, any contractual bonuses, and benefits in kind. Any modification of the compensation constitutes a change in the contract requiring the employee’s agreement.
Trial period: its duration is governed by Article L.1221-19 (CDI) and cannot exceed 2 months for workers/employees, 3 months for supervisory staff/technicians, and 4 months for executives. A one-time renewal is possible if allowed by the collective bargaining agreement and mentioned in the contract.
Mobility clause: it must precisely define the geographic area concerned. The Court of Cassation requires that this area be defined and does not give the employer discretionary power (Cass. soc., February 14, 2024, No. 22-18.456).
Non-competition clause: for it to be valid, it must be limited in time, geographically, to a specific activity, and include financial compensation (Cass. soc., July 10, 2002, No. 00-45.135).

For assistance in drafting your contracts, consult our labor law experts at DAIRIA Law.

CDD: Conditions of Use and Risk of Reclassification

The use of fixed-term contracts is strictly regulated by Articles L.1242-1 and following of the French Labour Code. A CDD can only be concluded for the execution of a specific and temporary task and cannot have the objective or effect of permanently filling a position related to the normal and permanent activity of the company.

The authorized cases for use are exhaustively enumerated:

Replacement of an absent employee or one whose contract is suspended
Temporary increase in activity
Seasonal or customary employment
Replacement pending the entry of a CDI employee
Replacement of a business manager or operations manager

The maximum duration, including renewals, is typically 18 months (unless collective exceptions apply). The interval between two CDDs for the same position is equal to 1/3 of the duration of the initial contract (or half if the CDD is less than 14 days).

Failure to comply with these conditions exposes the employer to reclassification as a CDI (Article L.1245-1) and payment of compensation that cannot be less than one month’s salary (Article L.1245-2). Refer to our termination guide for the consequences of early termination.

Checklist: Secure Drafting of an Employment Contract

✅ Identify the type of contract suitable (CDI, CDD, apprenticeship contract, professionalization contract)
✅ Mention the identities of the parties, the start date, the workplace, and the qualification
✅ Specify the applicable collective agreement and the corresponding classification
✅ Detail the compensation (base salary, bonuses, benefits in kind)
✅ Precisely draft the trial period clause (duration, renewal conditions)
✅ Verify the validity of restrictive clauses (non-competition, mobility, exclusivity)
✅ For a CDD: mention the precise reason for use, the duration or end date, and the name of the employee being replaced if applicable
✅ Provide for the provision of mandatory documents: DPAE completed, notice regarding insurance/health coverage
✅ Have the contract signed before the start of employment (mandatory for CDD, recommended for CDI)

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