French employment law - Works Council (CSE) representatives: you can be re-elected an unlimited number of times (Law 2025-989 of October 24, 2025, Article 8)

Article 8 of Law No. 2025-989 of October 24, 2025, removed the limit of three consecutive terms that was then in effect in companies with at least 50 employees.

This provision is included in Chapter V of the Law of October 24, 2025, entitled "Improving the Quality of Social Dialogue."

This removal of the three-term limit has been effective since October 26, 2025, the day after the law was published in the Official Journal. Works Council (CSE) representatives remain elected for four-year terms.

The main objective is to address the shortage of candidates and to ensure the renewal of employee representatives under the best possible conditions.

This reform must be approved.

1) What was the situation before?

Article L2314-33 of the French Labor Code stipulated that an employee elected as a full or alternate member of the Social and Economic Committee (CSE) could not serve more than three consecutive terms.

This limitation also applied to members of the central CSE and members of establishment-level CSEs.

However, there were two exceptions:

• For companies with fewer than 50 employees;

• For companies with between 50 and 300 employees, with the agreement of the pre-election protocol.

Nevertheless, CSEs were experiencing difficulties recruiting new members, and this law risked forcing experienced, competent, and well-regarded elected representatives to leave their positions.

2) Reminder of the protected status of CSE members.

2.1) Exceptional protection under common law in the event of a negotiated termination or dismissal.

The mandate of a Works Council (CSE) confers exceptional protections beyond those of ordinary law, meaning that the dismissal of a CSE member, whether a full or alternate member, cannot occur without the prior authorization of the labor inspectorate.

Similarly, in the case of a negotiated termination, this must be authorized by the labor inspectorate.

This procedure aims to prevent any sanction or discrimination related to the exercise of representative functions and to prevent employees from being pressured by their employers to leave their positions because of their mandate.

2.2) Duration of protection.

The French Labor Code stipulates that elected members of the Works Council (CSE), whether full or alternate members, benefit from this protection from the day the results are announced and for the entire duration of their term (generally 4 years).

At the end of their term, the protection does not end immediately: it continues to apply for an additional 6 months.

Furthermore, employees who have requested the employer to organize the Works Council elections also benefit from protection for a period of 6 months.

Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)

CHHUM AVOCATS (Paris, Nantes, Lille)

e-mail: chhum@chhum-avocats.com

www.chhum-avocats.fr

https://www.instagram.com/fredericchhum/?hl=fr

.Paris: 34 rue Petrelle 75009 Paris tel: 0142560300

.Nantes: 41, Quai de la Fosse 44000 Nantes tel: 0228442644

.Lille: : 45, Rue Saint Etienne 59000 Lille – Ligne directe +(33) 03.20.57.53.24

Bibliography.

• Article L2314-33 of the French Labor Code in its current version

• Article L. 2314-33 of the French Labor Code in its version in force from April 1, 2018 to October 26, 2025

• Article L. 2411-5 of the French Labor Code

• Article L. 2411-6 of the French Labor Code

• Law n° 2025-989 of October 24th 2025, transposing the national interprofessional agreements in favor of the employment of experienced workers and relating to the evolution of social dialogue.

#électioncse

#dialoguesocial

#protection des représentants du personnel# droit du travail