Informing means giving the CSE (comité social et économique) what it needs to understand. Consulting means asking for its opinion before you decide. The difference matters: a decision taken before a mandatory consultation has ended exposes the company to the project being suspended and to the délit d'entrave (the criminal offence of obstructing employee representatives). Here is when to consult, and how to go about it.
1. From 50 employees: recurring consultations
The CSE is consulted every year, unless an agreement sets a different frequency (up to 3 years), on three subjects (L2312-17, L2312-19):
- the company's strategic direction;
- its economic and financial situation;
- its social policy, working conditions and employment.
The powers that apply to companies with 50 or more employees only take effect after 12 consecutive months at that headcount (L2312-2).
2. One-off consultations
The CSE is consulted on matters affecting the organisation, management and general running of the company, in particular (L2312-8):
- measures that change the size or structure of the workforce;
- changes to the economic or legal organisation;
- terms of employment, working conditions (including working hours) and vocational training;
- the introduction of new technologies and any significant change affecting health, safety or working conditions.
These are joined by, among others, systems for monitoring employees' activity, restructurings and workforce reductions, collective redundancies for economic reasons, and sauvegarde, redressement or liquidation judiciaire proceedings (the French safeguard, judicial reorganisation and judicial liquidation procedures) (L2312-37).
3. What about 11 to 49 employees?
The CSE presents employees' complaints, contributes to health and safety at work and can refer matters to the inspection du travail (the French labour inspectorate) (L2312-5). Some consultations nonetheless apply at this size:
- an economic redundancy affecting fewer than 10 employees over 30 days (L1233-8);
- the redeployment of an employee declared unfit for work (L1226-2, L1226-10);
- the period for taking paid leave and the order of departures, failing an agreement (L3141-16).
4. How to consult, step by step
- Inform in writing: precise, written information, with sufficient time to examine it (L2312-15). From 50 employees, the BDESE (base de données économiques, sociales et environnementales, the employer's economic, social and environmental database) brings together the information for recurring consultations; updating it counts as communicating it to the CSE (L2312-18).
- Put it on the agenda, at least 3 days before the meeting (L2315-30).
- Let the time limit run: unless otherwise agreed, the CSE has 1 month, 2 months if it calls on an expert, and 3 months where expert assessments are carried out at the level of the central CSE and the establishment-level CSEs (R2312-6). The time limit runs from when the information is provided (R2312-5).
- Obtain the opinion: when the time limit expires, the CSE is deemed to have been consulted and to have given a negative opinion (L2312-16).
- Respond to the CSE's comments with reasons, and report back on the action taken (L2312-15).
- Decide afterwards, and only afterwards.
5. Our advice from the field
Announce the project early, even if it is not finalised: a CSE consulted on a decision that has already been taken can tell, and will make it known. Prepare a short note (the project, why, the options, the effects on employees, the timetable), followed by the annexes with the figures. And build the consultation period into your schedule: it is often what sets the implementation date.
Please note: this guide is for information only, up to date as of 14 October 2026, and is no substitute for legal advice tailored to your situation. A company-level agreement or your convention collective (collective bargaining agreement) may provide for different rules: check them, and consult an employment lawyer for a specific case.