Home » Business » Can an elected member of the CSE go and assist an employee of another company during an interview prior to dismissal?

Can an elected member of the CSE go and assist an employee of another company during an interview prior to dismissal?

Ouiin two specific cases only.

In principle, only an employee belonging to the same company as the employee summoned can come and assist him during a preliminary interview. However, there are two exemptions allowing in particular an elected member of the CSE of a company A to come and assist an employee of a company B.

The first case is that of two companies grouped together in an economic and social unit (UES). An elected member of the CSE of the UES can come and assist any employee of the UES summoned to a preliminary interview. It is not important that the employee summoned is in contract with a different company than that to which the elected member belongs.

The second case is that of an elected member of the CSE who also has the role of employee adviser. He can then come to assist the employees of other companies, since these companies do not have staff representatives.

Important

Apart from these two cases, the elected representative has no right of access to another company to take part in a preliminary interview. Including to support an employee who usually works in the company of the elected official by being made available by an outside company.

Do you have questions about your role as an elected official? Come and ask us during the webinar “ Elected CSE: how to succeed in the first 100 days of your mandate ».

Olivier Castell

Expert in labor law and social relations, www.didrh.fr

Author of SOCIAL BUILDING, SOCIAL PUBLIC WORKS and HEAD AND PAYROLL MANAGER BTP documentation for Tissot Editions. Trainer in labor law for companies and …