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What is a collective performance agreement?

Verified 16 February 2021 - Legal and Administrative Information Directorate (Prime Minister)

The collective performance agreement may:

  • Change Employee Compensation
  • Determine the conditions for internal professional or geographical mobility

The collective performance agreement replaces and merges the old agreements:

  • Employment maintenance agreements (MEAs)
  • Employment preservation or development agreements (EDA)
  • Internal Mobility Agreements (IMAs)

Please note

MEAs, BPAs and MAIs concluded until 23 September 2017 shall continue to be applied until their completion.

This agreement can be signed whether or not the company faces temporary economic difficulties.

Presence of a trade union delegation

The collective performance agreement must be signed by the employer and the union delegate (or union delegates), in the presence of a union delegate in the company

The draft agreement is subject to consultation with employees.

It is validated if approved by the majority of employees.

No trade union delegation

The employer can offer employees a collective performance agreement with the employees.

Specific conditions apply depending on the size of the company.

Less than 11 employees

The employer shall submit its draft agreement for consultation with the employees.

It is validated if approved by a majority of 2-thirds of employees.

Between 11 and 20 employees

In the absence of Social and Economic Committee, the employer shall submit its draft agreement for consultation with the employees.

It is validated if approved by a majority of 2-thirds of employees.

Between 11 and 49 employees

A draft agreement may be negotiated between the employer and:

  • One or more employees appointed by one or more trade union organisations in the branch of the undertaking or at national and interprofessional level,
  • One or more members of the Social and Economic Committee

The agreement shall be validated if approved by the majority of the authorised employees or by the majority of the members of the SSC.

From 50 employees

A draft agreement may be negotiated between the employer and members of the Social and Economic Committee.

Members of the ETUC must be mandated by one or more trade union organisations in the branch of the company or at national and interprofessional level.

The agreement shall be validated if it is approved by a majority of the members of the ESC.

The Agreement sets out in its preamble its objectives and specifies the following:

  • Conditions under which employee managers and employee and shareholder representatives make efforts commensurate with those required of employees (this may include, for example, a reduction in the remuneration of employed managers and/or a reduction in dividends paid to shareholders)
  • How employees' working and personal and family lives are reconciled
  • Employee support and the possibility of paying money on the Training Personal Account (CPF) above the minimum amount
  • Ways of informing employees about its implementation and monitoring throughout its duration and examining the situation of employees at the end of the agreement

The content of the agreement may provide for terms contrary to and incompatible with the employee's original employment contract.

The content of the agreement is binding on the employee unless he refuses to modify his employment contract

The employer shall inform each employee concerned of his right to accept or refuse the application of the collective performance agreement to his employment contract. This information is made by any means that can justify the date of the request (e.g. by sending a letter or a registered email).

The consequences of the agreement for the employee vary depending on whether he accepts or rejects the application of the agreement to the contrary and incompatible clauses of his employment contract.

Employee agrees

The terms of the agreement apply to the employee.

Employee refuses

The employee shall have a period of 1 month to notify the employer of his refusal in writing from the date on which the latter informed the employees of the content of the agreement.

Refusal to apply the agreement is a reason for dismissal.

The employer has a period of 2 months from the notification of the employee's refusal to initiate a termination procedure.

At the end of the termination, the employee may be compensated under certain conditions.

It can register as job applicant and be accompanied by Pôle emploi.