New rules regarding headcount for the implementation of a social and economic committee

Companies employing at least 11 employees for 12 consecutive months must implement a social and economic committee (SEC) (art. L. 2311-2 of the French Labour Code).

Under a new French employment Law, as from January 1st, 2019, employees under specific professional integration contracts (i.e. those employed under a “contrat initiative-emploi – (CUI-CIE)” or a “contrat d’accompagnement dans l’emploi – (CUI-CAE)”) must be included in the headcount for determining whether a SEC must be implemented.

However, employees under an apprenticeship contract or a professional training contract are still excluded from this headcount.

As companies may reach the 11-employee threshold quicker than before, employers should check on a regular basis that they are not obliged to implement a SEC.