CSE Elections in France: The Complete 2026 Employer’s Guide

Organising elections for the Comité Social et Économique (CSE — Social and Economic Committee) is a legal obligation for any employer whose company reaches the threshold of 11 employees over 12 consecutive months. This process, governed by Articles L. 2311-2 et seq. of the French Labour Code, requires careful preparation. Here is the complete guide to securing each step.

When must CSE elections be triggered?

Article L. 2311-2 of the French Labour Code requires the establishment of a CSE in any company with at least 11 employees, once this headcount is reached over 12 consecutive months. Headcount is calculated according to the rules set out in Articles L. 1111-2 and L. 1111-3 of the French Labour Code: full-time permanent employees (CDI) count as 1, fixed-term (CDD) and temporary agency workers count on a pro rata basis of their time of presence, and part-time employees count in proportion to their contractual working time.

The employer must organise the elections within 90 days of informing employees that the ballot is being held (Article L. 2314-4 of the French Labour Code). The first round must take place no later than 90 days after this information is circulated.

Key point: The renewal of the CSE must be organised before the current terms of office expire. The employer must launch the electoral process at least 2 months before the expiry date.

The pre-electoral agreement (PAP)

The protocole d’accord préélectoral (PAP — pre-electoral agreement) is the cornerstone of the elections. Article L. 2314-6 of the French Labour Code requires the employer to invite the trade unions to negotiate this agreement. The invitation must be sent at least 15 days before the date of the first negotiation meeting.

The trade unions to be invited are those referred to in Article L. 2314-5:

Trade unions recognised as representative within the company or establishment
Those having set up a trade union section within the company
Unions affiliated to a trade union organisation that is representative at national and cross-industry level

The PAP sets out, in particular, the allocation of staff and seats among the electoral colleges, the practical arrangements for the ballot (electronic voting, postal voting), and the electoral timetable.

Electoral colleges and the allocation of seats

Article L. 2314-11 of the French Labour Code provides in principle for two colleges: the first college (manual and clerical workers) and the second college (engineers, department heads, technicians, supervisors and equivalent). A third college is mandatory in companies with at least 501 employees where 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 according to the company’s headcount. For example: from 11 to 24 employees, 1 full member and 1 substitute; from 25 to 49 employees, 2 full members and 2 substitutes; from 50 to 74 employees, 4 full members and 4 substitutes.

How the ballot is conducted

The elections are held by list-based ballot in two rounds, with proportional representation using the highest average method (Article L. 2314-29 of the French Labour Code). The first round is reserved for lists submitted by trade unions. If the quorum is not reached or if not all seats are filled, a second round is organised within 15 days, open to independent candidates.

Caution: The employer must ensure that gender parity is respected on the candidate lists. Since the loi Rebsamen (Rebsamen Act) of 17 August 2015, Article L. 2314-30 requires lists to reflect a proportion of women and men corresponding to their share of the electoral college.

Electronic voting

Electronic voting may be used pursuant to a company-level agreement or, failing that, by unilateral decision of the employer after consulting the outgoing CSE (Article R. 2314-5 of the French Labour Code). The system chosen must guarantee the confidentiality of the vote, the integrity of the ballot and the secrecy of the vote. Specifications must be drawn up and an independent expert must certify the system.

The certificate of absence of candidates (procès-verbal de carence)

If no candidacy is submitted in either the first or the second round, the employer draws up a procès-verbal de carence (certificate recording the absence of candidates) which it sends to the labour inspector within 15 days (Article L. 2314-9 of the French Labour Code). This certificate is valid for the duration of the term of office, i.e. in principle 4 years.

Electoral litigation

Disputes relating to the electorate, the lawfulness of electoral operations and the appointment of union representatives fall within the jurisdiction of the tribunal judiciaire (judicial court) (Article R. 2314-24 of the French Labour Code). The time limit for challenges is 15 days following the election for challenges relating to lawfulness, and 3 days for those relating to the electorate.

The elections may be annulled where an irregularity has distorted the results of the ballot. Case law is particularly vigilant regarding compliance with gender parity rules (Cass. soc., 9 May 2018, No. 17-14.088).

Common employer mistakes

Failing to invite a union: omitting a representative trade union results in the annulment of the elections
Failing to comply with the timetable: missing the deadlines may engage the employer’s liability
Overlooking parity: a list that does not respect the male/female proportion may lead to the annulment of the election of the candidate(s) of the over-represented gender
Circulating the electoral rolls late: the rolls must be posted at least 4 days before the ballot

To secure your company’s electoral process, the lawyers at DAIRIA Avocats support you at every stage, from negotiating the PAP to managing litigation. Also discover our legal artificial intelligence solutions to automate your employment-law monitoring.

FAQ – CSE Elections

What headcount threshold triggers the obligation to organise CSE elections?

A CSE must be set up in any company reaching 11 employees over 12 consecutive months (Article L. 2311-2 of the French Labour Code).

How long do the terms of office of elected CSE members last?

Terms of office last 4 years in principle, unless a collective agreement provides for 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 draws up a certificate of absence of candidates (procès-verbal de carence), sent to the labour inspectorate within 15 days. It is then exempt from organising new elections for the duration of the term of office.

Essential clauses of the employment contract

The employment contract, whether permanent (CDI) or fixed-term (CDD), forms the foundation of the employment relationship. While a full-time CDI may be entered into without a written document (unless a collective agreement provides otherwise), 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 collectively-agreed salary and the employee’s rights. They must correspond to the duties actually performed (Article L.1221-1 of the French 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 supervisors/technicians, and 4 months for executives. A single renewal is possible if provided for by the collective agreement and stated in the contract
Mobility clause: it must precisely define the geographical area concerned. The Cour de cassation (French Supreme Court) requires this area to be determined and not to confer a discretionary power on the employer
Non-compete clause: to be valid, it must cumulatively be limited in time, in space, to a specific activity, and include financial consideration (Cass. soc., 10 July 2002, No. 00-45.135)

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

The fixed-term contract (CDD): conditions of use and reclassification risks

Recourse to the fixed-term contract is strictly governed by Articles L.1242-1 et seq. of the French Labour Code. A CDD may only be entered into for the performance of a precise and temporary task, and may neither have the object nor the effect of permanently filling a job connected with the normal and ongoing activity of the company.

The permitted grounds for use are exhaustively listed:

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

The maximum duration, including renewals, is in principle 18 months (unless collectively-agreed derogations apply). The waiting period between two CDDs on the same position is equal to 1/3 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 compensation which 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, professional-training contract)
✅ State the identity of the parties, the hiring date, the place of work and the job title
✅ 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-compete, 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-hire declaration) completed, information notice on provident/health insurance
✅ Have the contract signed before the start of the role (essential for the CDD, recommended for the CDI)

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