Non-implementation of the BDES: risks for the company
The fact that a company does not set up the BDES exposes it to criminal action for the offense of obstruction (up to a 7500 euros fine).
This action can be initiated by the representatives of the personnel of the company (they apply directly to the criminal court to recognize the obstacle to their proper functioning) or following the transmission of a report from the labor inspectorate.
Staff representatives can also apply to the urgent summary judge to order compliance.
But that's not all ! The Court of Cassation has already highlighted other important consequences:
The absence of a BDES can also put you at odds with your obligations relating to the professional equality index since the results and the calculation method must be communicated to elected officials via the BDES.
And do not think you are safe if you have set up a BDES: to escape sanctions you need a complete and up-to-date BDES ...
Non-establishment of the BDES: a cause of dismissal of the HR manager
In the case in question an employee responsible for human resources
