No.
The employer, in establishments with at least 50 employees, has to pay the operating subsidy every year for the benefit of the Social and Economic Committee (CSE). Social and cultural activities may need to be subsidized. The employer is not obligated to accept requests from elected officials regarding methods of payment of these grants.
In fact, the Labor Code lays down the method of calculating the minimum subsidies to be allocated to the CSE. But it does not specify what are the terms of payment of these subsidies. The employer is free to choose the mode of payment of subsidies: annual, quarterly, monthly, half-yearly.
However, there is one rule regarding payment: it must allow elected officials to perform their duties effectively and independently. The Court of Cassation requires that the Treasury be regularly provided for the implementation of the approved budget. Amounts paid to elected officials in accordance with the schedule of duties determined when the annual budget of the board is approved shall allow for the meeting of expenses. Violation of this policy is a violation of the normal functioning of the group. Elected officials have the option to immediately pay the amount before the court and claim the amount due under penalty.
It is important to check internally whether an enterprise agreement or the CSE’s internal regulations do not stipulate a time interval to be respected by the employer regarding the payment of one or two subsidies. It is still possible to provide separate terms between the two grants. If an internal rule is set, the employer must respect it under pain of legal action by elected officials.
We recommend our documents “Social and Cultural Activities of CSE” to help you implement your ASC activities.
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