Collective agreement, collective agreement, branch, company or establishment agreement applicable in labor law. They lay down the obligations and rights of the employer and the employee.
Collective agreement concluded at the level of a professional branch.
computer network, set up within a company or any other equivalent entity. It allows employees in this company to exchange information and documents in a secure environment, within a space that is restricted to a defined group.
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.
Unfold allWhat is a collective agreement?
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 addenda agreements 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.
Who is covered by a collective agreement?
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.
How do you determine your 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 the Insee : 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:
What is the scope of a collective agreement?
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:
How long is a collective agreement valid?
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.
Does an employer have to apply a collective agreement?
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.
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.
Tickets may be issued by the Labor Inspectorate for non-compliance with the provisions of the Convention.
How are employees informed about the applicable collective agreement?
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:
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.
How do I view a collective agreement?
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