CSE Elections in France: Employer’s Guide to the Pre-Electoral Agreement (PAP)

Elections for the Social and Economic Committee (comité social et économique, or CSE) are mandatory in any company reaching the threshold of eleven employees for twelve consecutive months (Article L.2311-2 of the French Labour Code). The first step in organising the elections is negotiating the pre-electoral agreement (protocole d’accord préélectoral, or PAP). This document, negotiated with the trade unions, sets out the arrangements for organising and conducting the elections.

The Employer’s Initiative

The employer takes the initiative to organise the elections by informing employees, by any means, of the envisaged date for the first round (Article L.2314-4). The first round must take place within a maximum period of ninety days from the date employees are informed. At the same time, the employer invites the trade unions to negotiate the pre-electoral agreement (Article L.2314-5). The invitation must be sent by letter to the trade unions that are representative within the company and at the national level, as well as to those that have set up a union branch within the company. For companies with 11 to 20 employees, the invitation may be limited if no employee has come forward as a candidate within the thirty days following the information notice.

Content of the Pre-Electoral Agreement

The PAP sets out the practical arrangements for the elections: the allocation of staff across electoral colleges (manual workers/clerical employees, technicians/supervisory staff, managers), the distribution of seats between colleges, voting methods (in-person voting, electronic voting, postal voting), the timetable of electoral operations (dates of the first and second rounds), the composition of the polling station, the electoral rolls, and the proportion of women and men in each college. The PAP may also modify the number and composition of electoral colleges, and change the number of seats or the volume of delegation hours, subject to compliance with the enhanced validity conditions (double majority).

Validity Conditions of the PAP

The PAP is a collective agreement subject to specific validity conditions. For standard clauses, it must be signed by the majority of the trade unions that took part in the negotiation, including the representative trade unions that obtained the majority of the votes cast at the last elections (Article L.2314-6). For clauses modifying the number of seats or delegation hours, or the number and composition of colleges, the double majority condition is required: signature by the majority of participating trade unions AND by the majority representative unions. Unanimity is required for certain modifications (removal of a college).

Absence of a PAP and the Fallback Provisions

If no agreement is reached, the employer unilaterally determines the arrangements for organising the elections, in compliance with the fallback provisions of the Labour Code. The employer must refer the matter to the DREETS (the regional directorate for the economy, employment, labour and solidarity) for the allocation of staff across colleges and the distribution of seats (Article L.2314-13). The DREETS has two months to rule. A complete failure to negotiate the PAP (failure to invite the trade unions) constitutes grounds for annulment of the elections as ordered by the judicial court.

Balanced Representation of Women and Men

Article L.2314-30 requires candidate lists to observe a balanced representation of women and men, proportionate to their respective share in the electoral college. The PAP must state the proportion of women and men in each college. Lists must alternate between women and men. Failure to comply with this obligation may lead to the annulment of the election of candidates who did not respect parity.

Securing the Electoral Process

The employer must plan for the elections in advance and scrupulously comply with each step. The invitation to negotiate the PAP must be sent sufficiently early to respect the ninety-day deadline. The electoral rolls must be drawn up carefully and posted. Electronic voting requires a specific collective agreement and a set of specifications compliant with the applicable decree. The polling station must be composed of the company’s employees. The record of results must be sent to the DREETS within fifteen days. DAIRIA Avocats assists companies in organising CSE elections, from negotiating the PAP through to the proclamation of results.

Key takeaways: The employer initiates the process. The PAP is negotiated with the trade unions. In the absence of an agreement, refer the matter to the DREETS. Failure to invite the trade unions may result in the annulment of the elections.

📚 Further Reading

Essential Clauses of the Employment Contract

The employment contract, whether open-ended (CDI) or fixed-term (CDD), forms the foundation of the employment relationship. While a full-time CDI may be concluded without a written document (unless otherwise required by a collective agreement), drafting a written contract is strongly recommended to secure the relationship.

The following clauses deserve particular attention:

Job title and classification: these determine the applicable minimum wage under the collective agreement and the employee’s rights. They must correspond to the duties actually performed (Article L.1221-1 of the Labour Code)
Remuneration: detail the base salary, any contractual bonuses, and benefits in kind. Any change to remuneration constitutes a modification of the contract requiring the employee’s consent
Probationary period: its duration is governed by Article L.1221-19 (CDI) and may not exceed 2 months for manual/clerical workers, 3 months for supervisory staff/technicians, and 4 months for managers. A single renewal is possible if provided for by the collective agreement and mentioned in the contract
Mobility clause: it must precisely define the geographical area concerned. The Court of Cassation requires this area to be defined and not to confer discretionary power on the employer (Cass. soc., 14 February 2024, No. 22-18.456)
Non-competition clause: to be valid, it must cumulatively be limited in time, in space, to a specific activity, and include financial compensation (Cass. soc., 10 July 2002, No. 00-45.135)

For support in drafting your contracts, consult our employment law experts.

The CDD: Conditions for Use and Risks of Reclassification

The use of the fixed-term contract is strictly regulated by Articles L.1242-1 et seq. of the Labour Code. A CDD may only be concluded for the performance of a specific and temporary task, and may not have the object or effect of durably filling a position linked to the company’s normal and permanent activity.

The permitted grounds for use are listed exhaustively:

Replacement of an absent employee or one whose contract is suspended
Temporary increase in activity
Seasonal employment or customary-use employment
Replacement pending the arrival of an employee hired on a CDI
Replacement of a company head or business operator

The maximum duration, including renewals, is in principle 18 months (subject to derogations under collective agreements). The waiting period (délai de carence) between two CDDs for the same position is equal to one-third of the duration of the initial contract (or half if the CDD is shorter than 14 days).

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

Checklist: Securing the Drafting of an Employment Contract

✅ Identify the appropriate type of contract (CDI, CDD, apprenticeship contract, professionalisation contract)
✅ State the identity of the parties, the hiring date, the place of work and the job classification
✅ Specify the applicable collective agreement and the corresponding classification
✅ Detail the remuneration (base salary, bonuses, benefits in kind)
✅ Draft the probationary period clause precisely (duration, renewal conditions)
✅ Verify the validity of restrictive clauses (non-competition, mobility, exclusivity)
✅ For a CDD: state the precise ground for use, the duration or term, and the name of the replaced employee where applicable
✅ Provide for the delivery of mandatory documents: DPAE (pre-employment declaration) completed, information notice on death/disability and health insurance schemes
✅ Have the contract signed before the start of employment (essential for a CDD, recommended for a CDI)

Frequently Asked Questions

What are the limitation periods in French employment law?

The main limitation periods are: 1 year to challenge a dismissal, 2 years for actions relating to the performance of the employment contract, 3 years for wage claims, and 5 years for psychological harassment or discrimination (Article L.1471-1 of the Labour Code).

How does a hearing before the labour court (conseil de prud’hommes) proceed?

Proceedings before the labour court begin with a conciliation phase before the conciliation and orientation board (bureau de conciliation et d’orientation, or BCO). In the absence of a settlement, the case is referred to the judgment board. The procedure is oral, and the parties may be assisted or represented by a lawyer, a union defender, or a spouse.

Can the employer unilaterally change working conditions?

The employer may modify working conditions (non-essential elements) within the scope of its management authority. However, any modification of an essential element of the contract (remuneration, job classification, working hours, place of work beyond the geographical area) constitutes a modification of the contract requiring the employee’s consent (Cass. soc., 10 October 2000, No. 98-41.358).

What documents must the employer provide at the end of a contract?

The employer must provide the employee with: the work certificate (Article L.1234-19), the France Travail attestation (Article R.1234-9), the final settlement receipt (reçu pour solde de tout compte, Article L.1234-20), and a summary of all employee savings amounts. Failure to provide these causes a loss giving rise to damages.

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