Better Understand The Collective Agreement

The collective agreement includes the specific rules of labor law applicable to a given sector. These include, among others, the employment contract , hygiene, leave, wages, classification and dismissal, etc. Thus, in France, all employment contracts must refer to collective agreements . They are concluded by trade union organizations representing employees and organizations or groups of employers . Given its importance, it is interesting to have a vision of the convention and its content. A collective agreement is materialized by a written agreement resulting from a negotiation between the unions of employees and the employers. In general, it adapts the rules of the Labor Code to the particular situations of the sector of activity concerned. Indeed, the collective agreement deals with the conditions of employment, professional training and work of the employees.

These are also guarantees for the latter. It generally includes a basic text, often supplemented by endorsements, agreements and annexes. There are 3 types of collective agreement. First, there is the ordinary collective agreement . It only applies to companies falling within its scope and members of the employers’ organizations that have signed the text. The extended collective agreement is an ordinary collective agreement which has been the subject of a ministerial extension order. Thus, it applies to all employers falling within its professional and territorial scope. As for the extended collective agreement, it is an extended collective agreement which has been the subject of a ministerial order for enlargement. It becomes mandatory in a branch of activity or in a territorial sector not covered by a conventional text. Content of a collective agreement.

Obligations Of The Employer

The collective agreement adapts the provisions of labor legislation to the particular situations of the sector of activity concerned. Thus, it may contain provisions that the Labor Code does not provide for. These include the end-of-year bonus, additional paid leave Spain Phone Number List based on seniority in the company. There are also provisions that are no longer favorable to the employee. For example, this concerns the duration of the weekly work lower than the legal duration of 35 hours, the calculation of the severance pay more favorable than that of the legal allowance. The purpose of the collective agreement is to determine the collective status of the employees concerned and to govern the relationship between employer and employees. To this end, it includes clauses relating to the employment contract , the trial period, remuneration, working hours, paid leave, absences, notice, severance pay, etc.

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It supplements the Labor Code without being more unfavorable for the provisions of a public order nature. However, derogation agreements, i.e. legal provisions which provide for such derogation, are an exception. These are, for example, working hours and the organization of working time. Application areas As soon as a collective agreement is applied to a company, all its employees bound by an employment contract are concerned. Thus, the employee cannot waive the rights he holds under a collective agreement. If an agreement is applicable to the company, the latter, through the employer, must inform the employees. When hired, all employees must receive an information notice on the collective agreement. It is the signatories of the convention who determine its scope.

Content Of A Collective Agreement

This is the geographical level: national, regional or departmental. It also concerns the professional level for economic activities. In the majority of cases, collective agreements are national (CCN). The professional level is defined by reference to the NAF codes (Nomenclature of French activities) assigned by INSEE. This code is indicative only. In the event that the actual activity of a company differs from its NAF code, it is up to it to determine the subjection to a collective agreement. The code is explicitly referenced within the scope of this convention. To find out which collective agreement to apply to a given company, simply contact the Labor Inspectorate of its place of establishment. As soon as a company falls within the scope of an agreement.

This applies on a mandatory basis when the agreement has order of the Ministry responsible for labor and in the Official Journal . It is also valid if it only adheres to the signatory employers’ organization, even in the absence of a national extension decree. For collective conventions or agreements concluded at company level, they are subject to automatic application. A collective agreement determines the duration of its validity. In practice, it is of indefinite duration. However, it can also for a specific period. In this case, it cannot exceed 5 years. However, a fixed-term agreement continues valid without being if no contrary stipulation .

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