Verified 07 October 2020 - Directorate for Legal and Administrative Information (Prime Minister)
The collective agreement contains the specific rules of labor law applicable to a given sector (employment contract, hygiene, leave, wages, classification, dismissal, etc.). It shall be concluded by trade union organizations representing employees and employers' organizations or groups. Its scope is variable. The employer must apply it, except in special cases.
A collective agreement is a written agreement negotiated between the unions of employees and employers.
It usually contains a basic text, often supplemented by amendments, agreements or annexes.
The collective agreement addresses the following:
- Conditions of employment
- Vocational Training
- Working conditions
- Social guarantees for employees
It adapts the rules of the labor code to the specific situations of the sector of activity concerned.
The provisions of the collective agreement may be more favorable to the employee than the labor code. For example, they may be working less than the statutory 35-hour working time or they may be paid redundancy payments higher than the statutory allowance.
The collective agreement may also contain provisions which are not provided for in the labor code, such as, for example, additional premiums or leave.
Where a collective agreement applies to an undertaking, all employees of the undertaking bound by an employment contract (CDD: titleContent, test period, CDI: titleContent, etc.) are concerned.
An employee may not waive his or her collective agreement rights.
The vast majority of industries, and the businesses associated with them, have collective agreements.
If an agreement is applicable to the undertaking, the employer must inform the employees.
Thus, when hired, the employee must receive an information notice on his collective agreement.
The employer must also provide a copy of this text:
- to Social and Economic Committee
- social and economic establishment committees
- to union representatives (or authorized employees)
the agreement title must appear on the pay slip. It can also be mentioned on the employment contract.
Order paper version (paid)
In the workplace
The method of informing employees (and employee representatives) about the applicable treaty law in the undertaking is defined by industry agreement or professional agreement.
In the absence of other clauses in an agreement or agreement, the employer must:
- Provide the employee with an information notice on the conventional texts at the time of hiring
- Keep an up-to-date copy of the collective agreement available to employees at the workplace
- Maintain a copy of this text on the intranet (if available in the company)
A notice indicating the existence of the agreement and specifying where and under what conditions it may be consulted must be posted at the workplace.
At the Labor Inspectorate
To the territorial unit of the Regional Directorate for Enterprise, Competition, Consumption, Labor and Employment (Direccte) on which the company depends.
Who shall I contact
The signatories of the collective agreement determine its scope:
- at geographical level: national, regional or departmental,
- and at professional level: interprofessional, branch, company.
Most collective agreements are national (NCC). However, in some sectors, they are supplemented by regional or departmental agreements and conventions.
The collective agreement shall determine the duration of its validity. It is generally open-ended, but can also be concluded for a fixed term.
The term of validity of the collective agreement shall be 5 years if no details are given as to its duration.
An expiring fixed-term agreement is no longer applicable.
The employer must apply the collective agreement:
- if it is concluded at the level of the undertaking,
- or if the undertaking falls within its territorial and professional scope and joins the signatory employers' organization,
- or if the convention has been extended at national level by the ministry responsible for labor.
In the event of a breach of the provisions of the collective agreement, the employee may refer the matter to the prud'homme council..
If the employer refuses to apply the convention , the trade unions may also apply collectively to the court.
Who shall I contact
- Labor Code: Articles L2221-1 to L222-3Subject matter, content, scope and duration of collective agreements
- Labor Code: Article L2222-4Determination of the duration of the agreements
- Labor Code: Articles R2262-1 to R2262-5Information and communication from the employer on the collective agreement
- Search for Collective Agreement
- Collective enterprise agreementsDirectorate of Legal and Administrative Information (Dila) - Prime Minister