What is a collective performance agreement?

Verified 07 March 2023 - Directorate for Legal and Administrative Information (Prime Minister)

An employer who wishes to adapt its company to market developments can negotiate and conclude a collective performance agreement (CPA).

This collective agreement makes it possible to adjust working hours, remuneration and the conditions of professional or geographical mobility within the company.

How is put in place this deal? The employee can he refuse? the application of this agreement?

We're doing an update on the regulations.

A collective performance agreement is a collective agreement that allows you to negotiate measures exclusively in the following 3 areas:

  • Organization of working time
  • Adjustment of remuneration (possibly downwards)
  • Determination of the conditions for professional or geographical mobility within the company

The collective performance agreement shall be concluded to meet the operational requirements of the company or with a view to to preserve or develop employment.

This agreement can be put in place, for example:

  • To address the need to redeploy staff to company production sites. The PCA may provide geographical mobility employees.
  • To cope with a sustained increase in activity in the company. The CPA may provide forincrease working time per week beyond 35 hours.
  • To streamline its personnel management. A company may conclude a CPA with a view to harmonizing remuneration rules and providing for a change in the structure of remuneration (base salary, 13e months, bonuses and bonuses).

The company is not obliged to have economic difficulties.

All companies may conclude and negotiate a PCA. There is no manning requirement.

Where there is at least one shop steward in the company, the employer must negotiate the CPA with the shop steward(s).

In the absence of a shop steward, the employer has several options to negotiate the CPA.

We'll give you the different scenarios.

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Presence of at least one shop steward

The validity of the agreement depends on the hearing of the trade union organization(s) signing the agreement, i.e. the number of votes obtained by the trade union organizations on 1er round of the last elections of incumbents in ESC: titleContent.

Trade unions which obtained more than 50% of the votes cast in the last elections of the CSE incumbents

The agreement shall be valid if it is signed by one or more representative trade union organizations having collected more than 50% of the votes cast on 1er round of the last elections of incumbents in ESC: titleContent.

Trade unions which obtained more than 30% of the votes cast in the last elections of the CSE incumbents

The agreement may be signed by one or more representative trade union organizations having collected more than 30% of votes expressed on 1er round of the last elections of incumbents in ESC: titleContent.

In this case, the employees must be consulted by referendum.

The agreement is validated if more than 50% votes cast by employees.

Other

The scope for negotiating and concluding a collective performance agreement varies according to the size of the company and the presence or absence of ESC: titleContent in this one.

Less than 11 employees

The employer may propose the draft collective performance agreement to employees.

The employer must ask the employees about this draft agreement.

The agreement is validated if approved by more than 66.66% employees.

From 11 to 20 employees

The procedures are different when the company has an ESC or not.

With CSE

When there is a ESC: titleContent in the company, the employer has 2 possibilities to negotiate a collective performance agreement.

1st option: Negotiation with one or more ESC members

The employer may negotiate and conclude an agreement with one or more members of the ESC: titleContent.

The agreement shall be validated if it is signed by ESC members representing more than 50% votes cast on 1er round of the last CSE elections.

2nd possibility: Negotiation with an employee mandated by a trade union organization

The employer may negotiate and conclude an agreement with one or more employees authorized representatives by one or more representative trade union organizations.

The trade union organization(s) must be representative in the sector.

In the absence of representative trade union organizations in the sector, trade union organizations must be representative at national and inter-branch level.

Same union organization may mandate only one employee.

The agreement is signed with the authorized employee(s).

In this case, the company's employees must be consulted by referendum.

The agreement is validated if more than 50% votes cast by employees.

Non-Stop

When there are no ESC: titleContent in the company, the employer has 2 possibilities to negotiate a collective performance agreement.

1st possibility: Consultation of company employees

The employer may propose the draft collective performance agreement to employees.

The employer must ask the employees about this draft agreement.

The agreement is validated if approved by more than 66.66% employees.

2nd possibility: Negotiation with an employee mandated by a trade union organization

The employer may negotiate and conclude an agreement with one or more employees authorized representatives by one or more representative trade union organizations.

The trade union organization(s) must be representative in the sector.

In the absence of representative trade union organizations in the sector, trade union organizations must be representative at national and inter-branch level.

Same union organization may mandate only one employee.

In this case, the company's employees must be consulted by referendum.

The agreement is validated if more than 50% votes cast by employees.

Between 21 and 49 employees

The procedures are different when the company has an ESC or not.

With CSE

When there is a ESC: titleContent in the company, the employer has 2 possibilities to negotiate a collective performance agreement.

1st option: Negotiation with one or more ESC members

The employer may negotiate and conclude an agreement with one or more members of the ESC: titleContent.

The agreement is validated if signed by ESC members representing more than 50% of the votes cast on 1er round of the last elections of the CSE holders.

2nd possibility: Negotiation with an employee mandated by a trade union organization

The employer may negotiate and conclude an agreement with one or more employees authorized representatives by one or more representative trade union organizations.

The trade union organization(s) must be representative in the sector.

In the absence of representative trade union organizations in the sector, trade union organizations must be representative at national and inter-branch level.

Same union organization may mandate only one employee.

In this case, the company's employees must be consulted by referendum.

The agreement is validated if more than 50% votes cast by employees.

Non-Stop

The employer may negotiate and conclude an agreement with one or more employees authorized representatives by one or more representative trade union organizations.

The trade union organization(s) must be representative in the sector.

In the absence of representative trade union organizations in the sector, trade union organizations must be representative at national and inter-branch level.

Same union organization may mandate only one employee.

In this case, the company's employees must be consulted by referendum.

The agreement is validated if more than 50% votes cast by employees.

50 or more employees

The employer must follow the following procedure.

Priority 1

The employer may negotiate and conclude an agreement with one or more members holding the ESC: titleContent authorized representatives by one or more representative trade union organizations.

The trade union organization(s) must be representative in the sector.

In the absence of representative trade union organizations in the sector, trade union organizations must be representative at national and inter-branch level.

Same union organization may mandate only one employee.

In this case, the company's employees must be consulted by referendum.

The agreement is validated if more than 50% votes cast by employees.

Priority 2

In the absence of full members of the ESC: titleContent authorized representatives by a trade union organization, the employer may negotiate and conclude an agreement with one or more members holding the ESC no authorized representatives.

The agreement is validated if signed by ESC members representing more than 50% of the votes cast on 1er round of the last elections of the CSE holders.

Priority 3

In the absence of an elected representative wishing to negotiate an agreement, the employer may negotiate and conclude an agreement with one or more employees authorized representatives by one or more representative trade union organizations.

The trade union organization(s) must be representative in the sector.

In the absence of representative trade union organizations in the sector, trade union organizations must be representative at national and inter-branch level.

Same union organization may mandate only one employee.

In this case, the company's employees must be consulted by referendum.

The agreement is validated if more than 50% votes cast by employees.

Please note

In companies 50 or more employees, the CSE may appoint an accountant to provide any useful analysis to the trade unions in preparation for the negotiation of the collective performance agreement.

There is no mandatory clause in a collective performance agreement.

However, the agreement must define in its preamble its objectives. It shall specify the following:

  • Conditions under which employee managers and agents and shareholders make efforts proportionate to those required of employees (for example, a reduction in the remuneration of employee managers and/or a reduction in dividends paid to shareholders)
  • The way in which the work, personal and family life of employees is reconciled
  • Support for employees by offering them, for example, training courses, and the possibility of paying sums on the personal training account (PTA) above the minimum amount
  • Means of informing employees about its application and monitoring throughout its duration
  • Examination of the situation of employees at the end of the agreement

The collective performance agreement must be filed on the digital platform TeleAgreements :

TeleAgreements - Collective company Agreement Filing Service

The employer shall inform each employee of the existence and content of this agreement.

He shall also inform the employee of the possibility to accept or refuse the application of this agreement.

This information is provided by any means conferring a certain and precise date (registered letter with request for notice of receipt, letter delivered in person against signature, for example).

The employee has 1 month to publicize its refusal in writing to the employer.

In the absence of refusal notified within that period of 1 month, in writing, the agreement shall apply to the employee.

The performance agreement automatically replaces the conflicting and incompatible clauses provided for in the employee's employment contract.

Example :

In the employment contract of the employee, a clause provides for the payment of overtime plus 25%. The collective performance agreement may reduce the overtime increment rate to 10%. If the employee agrees to the application of this agreement, overtime will be increased to 10%.

Where the employee refuses to apply the collective performance agreement, and thus to amend his contract of employment, the employer shall can fire him. In this case, the reason for dismissal is based on a specific reason that represents a real and serious cause.

The employee is not dismissed for economic reasons.

The employer must hire the dismissal for personal reasons within two months of the employee's refusal.

FYI  

The refusal of the employee shall not lead to the automatic termination of the employment contract. The employer may also decide not to dismiss the employee. The contract of employment shall normally continue without applying the collective performance agreement.

Severance pay

The employee receives a severance pay if he fulfills the conditions to benefit from it.

Notice Allowance

The employee must normally give notice. It may be dispensed with.

Compensation for this notice differs depending on whether:

  • The employee makes the notice
  • The employer shall exempt the employee from carrying out the inspection
  • The employee requests to be exempted

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The employee gives notice

The employee shall be paid an advance payment corresponding to his normal salary.

The employee is exempted from notice by the employer

The employee is not working. The employer pays her a compensatory period of notice corresponding to the salary he would have received if he had worked during that period.

The employee asks the employer not to give notice

If the employer agrees, the employee does not work. He does not receive compensation for notice.

Paid leave allowance

The employee receives a Compensatory leave with pay if he fulfills the conditions to benefit from it.

Increase in personal training account (PTA)

The employee shall receive a minimum payment of €3,000, by the employer, on their personal training account (PTA).

Yes, the employee receives a return-to-work assistance (RWA) if he fulfills the conditions to benefit from it.

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