Verified 06 April 2022 - Directorate for Legal and Administrative Information (Prime Minister)
The collective agreement contains the labor law rules (contract, leave, wages...) applicable to a sector of activity. It shall be negotiated and concluded on the one hand by the trade unions representing the employees and on the other by the employers, possibly brought together as trade unions or associations. Each convention defines its professional and territorial scope of application, which obliges any company concerned to apply it, except in special cases.
A collective agreement is a written agreement negotiated between representative trade union organizations of employees and trade unions, associations or groups of employers.
It usually includes basic text, often supplemented by addendaagreements or annexes.
The collective agreement deals in particular with employment conditions, vocational training, working conditions and 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, working hours may be less than the legal 35 hours or severance pay may be higher than legal compensation.
The collective agreement may also contain provisions that the Labor Code does not provide for, such as additional bonuses or leave.
Where a collective agreement applies to a company, all employees of the company who are bound by a contract of employment (CSD: titleContent, trial period, DTA: titleContent, etc.) are concerned.
However, some employees, such as VRPs, may be excluded from the scope of the Convention because they have a specific status.
The vast majority of industries, and the companies associated with them, are covered by a collective agreement.
The applicable collective agreement is the one covering the main activity carried out by the employer.
The code NAF: titleContent or EPA: titleContent, assigned by theInsee: titleContent when the company is created, is an indication of this main activity, and therefore of the applicable collective agreement. If this code refers to more than one collective agreement, each field of application must be checked.
A simulator is used to search for the collective agreement with the company's name or Siret number:
The scope of the collective agreement is determined by the signatories at geographical (national, regional or departmental) and professional (inter-branch, branch, company) levels.
Most collective agreements are national: national collective agreement (NCC).
In certain sectors of activity, they may be supplemented by agreements or agreements:
- Categories (e.g. workers, supervisors, managers)
A collective agreement is usually for an indefinite period.
The Parties may also decide to fix a period of validity. This period may not exceed 5 years.
After being negotiated by the trade unions, some collective agreements are the subject of a extension order published in the Official Journal. It is then said that the convention is extent.
A company which falls within the territorial and professional scope of an extended agreement must then apply it.
If the employer does not comply with the provisions of the collective agreement, the employee may to refer the matter to the labor council.
If the employer refuses to apply the agreement, the unions may also collectively bring the matter before the court.
Who shall I contact
as long as the collective agreement is not extended, the employer is under no obligation to apply it. However, it must apply it if it is a member of one of the signatory employers' organizations. It may also make it voluntary.
Criminal penalties incurred by the employer
Tickets may be issued by the Labor Inspectorate for non-compliance with the provisions of the Convention.
If an agreement is applicable to the company, the employer must inform the employees.
Thus, when hired, the employee must receive an information notice concerning the treaty texts applicable in the company.
The employer shall also provide 1 copy of these texts to the following entities or persons:
- Social and Economic Committee (ESC)
- Social and Economic Committee for Establishment
- Union Delegate
- Employee mandated by a trade union organization
the name of the agreement must appear on the pay slip. It may also be mentioned on the contract of employment.
Each year, the employer must provide the employee representatives with a list of the changes made to the collective agreements applicable in the company. If there are no employee representatives, it shall communicate this information directly to employees.
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On the spot
At the workplace
The method of informing employees (and employees' representatives) about the applicable treaty law in the company is defined by industry agreement or professional agreement.
In the absence of other clauses in an agreement or agreement, the employer must:
- Give the employee an information notice on the treaty texts at the time of hiring
- Make available to employees at the workplace 1 up-to-date copy of the text of the collective agreement
- Update 1 copy of this text on the intranet (if it exists in the company)
the employer must communicate to the employees by any means (including posting) a notice containing the reference to the collective agreement on which the establishment depends. This notice must specify the conditions for consultation of the agreement at the workplace.
At the Labor Inspectorate
To the Departmental Directorate for Employment, Labor and Solidarity (DDETS: titleContent or DDETSPP: titleContent) on which the company depends.
Who shall I contact
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Find who can answer your questions in your region
- Labor Code: Articles L2221-1 to L2221-3Subject matter, content, scope and duration of collective agreements
- Labor Code: Article L2222-4Determination of the duration of agreements
- Labor Code: Articles R2262-1 to R2262-5Information and communication from the employer on the collective agreement
- Labor Code: Article L2262-6Informing employees of amendments to the agreement
- Labor Code: Articles R3243-1 to R3243-9Mandatory Pay Advice
- Finding a collective agreement when hiring a first employee
- Collective company agreementsDirectorate of Legal and Administrative Information (Dila) - Prime Minister