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

Organising elections for the Comité Social et Économique (CSE — Social and Economic Committee, the French works council) 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 rigorous 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. The headcount is calculated under the rules set out in Articles L. 1111-2 and L. 1111-3 of the French Labour Code: full-time permanent (CDI) employees count as 1, fixed-term (CDD) and temporary agency workers count pro rata to their period of presence, and part-time employees count pro rata to their contractual working time.

The employer must organise the elections within a period of 90 days following the notification to employees of the holding of the vote (Article L. 2314-4 of the French Labour Code). The first round must be held 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 initiate 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 union organisations to negotiate this agreement. The invitation must be sent at least 15 days before the date of the first negotiation meeting.

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

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

The PAP notably sets out the allocation of staff and seats between the electoral colleges, the practical arrangements for the vote (electronic voting, postal voting), and the electoral timetable.

Electoral Colleges and Allocation of Seats

Article L. 2314-11 of the French Labour Code provides in principle for two colleges: the first college (blue-collar and clerical staff) 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 managers 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 Vote Is Conducted

The elections are held by list-based voting in two rounds with proportional representation on a highest-average basis (Article L. 2314-29 of the French Labour Code). The first round is reserved for lists put forward by the trade union organisations. If the quorum is not reached or if not all seats are filled, a second round is organised within 15 days, open to independent candidacies.

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

Electronic Voting

Electronic voting is permitted by company-level agreement or, failing that, by unilateral decision of the employer after consultation of 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 ballot and the secrecy of the vote. Specifications must be drawn up and an independent expert must certify the system.

The Certificate of No Candidates (Procès-Verbal de Carence)

If no candidacy is put forward in either the first or the second round, the employer draws up a procès-verbal de carence (certificate of no candidates) which it forwards 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 concerning the electorate, the regularity of electoral operations and the appointment of trade 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 after the election for challenges relating to regularity, and 3 days for those relating to the electorate.

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

Common Employer Mistakes

Forgetting to invite a union: the omission of a representative trade union organisation leads to annulment of the elections
Failing to respect the timetable: non-compliance with the deadlines may engage the employer’s liability
Neglecting gender balance: a list not respecting the male/female proportion may lead to annulment of the election of the candidate(s) of the over-represented sex
Circulating the electoral rolls late: the rolls must be displayed at least 4 days before the vote

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

FAQ – CSE Elections

What is the headcount threshold for organising 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 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 no candidates, forwarded to the labour inspectorate within 15 days. The employer 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 open-ended (CDI) or fixed-term (CDD), forms the basis of the employment relationship. While a full-time CDI may be concluded without a written document (unless a collective agreement provides otherwise), drawing up a written contract is strongly recommended to secure the relationship.

The following clauses deserve particular attention:

Job title and classification: they 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: set out the base salary, any contractual bonuses, and benefits in kind. Any change to remuneration constitutes a modification of the contract requiring the employee’s agreement
The probationary period: its duration is governed by Article L.1221-19 (CDI) and may not exceed 2 months for blue-collar/clerical staff, 3 months for supervisors/technicians, and 4 months for managers. A single renewal is possible where provided for by the collective agreement and mentioned in the contract
The mobility clause: it must precisely define the geographical area concerned. The Court of Cassation requires that this area be determined and does not confer discretionary power on the employer
The 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 CDD: Conditions for Use and Requalification Risks

The use of the fixed-term contract is strictly governed by Articles L.1242-1 et seq. of the French Labour Code. A CDD may only be concluded for the performance of a specific 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 by custom (emploi d’usage)
Replacement pending the arrival of an employee on a CDI
Replacement of a company head or business operator

The maximum duration, including renewals, is in principle 18 months (subject to derogations by collective agreement). The waiting period (délai de carence) between two CDDs on the same position equals 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 requalification as a CDI (Article L.1245-1) and to the payment of compensation that may not be less than one month’s salary (Article L.1245-2). Consult our dismissal guide for the consequences of an 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 title
✅ Specify the applicable collective agreement and the corresponding classification
✅ Detail the remuneration (base salary, bonuses, benefits in kind)
✅ Precisely draft the probationary period clause (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 end date, and the name of the replaced employee where applicable
✅ Provide for the delivery of mandatory documents: DPAE (pre-hire declaration) completed, provident/health insurance information notice
✅ Have the contract signed before the start of employment (essential for the CDD, recommended for the CDI)

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