Collective Bargaining Agreements In France

April 8th, 2021 by

As part of the 2016 labour law reform, Decrees 2016-1553 and 2016-1551 of 18 November 2016 implement Article 8 of the Act, which amends working time legislation in three respects: it defines the relevant provisions of public order in relation to labour relations, and sets out the extent of collective bargaining in a branch or company. provisions that apply without a collective agreement are defined. As with industry-level agreements, there is a legal obligation to regularly negotiate some of these issues at the enterprise level (see below), although this depends in part on the size of the business and the existence (or other) of a union representative with whom it is a matter of negotiation. While there are sanctions if these negotiations do not take place, it is important to note that there is no obligation to reach an agreement and sometimes the employer simply listens to the unions` demands and implements a unilateral decision. Figures from the Dares, the research and statistics department of the French Ministry of Labour, show that at the end of 2015, 464 separate groups of workers were subject to inter-professional agreements. However, there are large differences in size and importance. The 270 agreements, which affect at least 5,000 employees, represent 98.1% of all employees, while the 100 employees, who cover between 1,000 and 4,999 employees, represent only 1.7% of all employees and the 94, which cover less than 1,000 employees, represent only 0.2%. [3] As a result, many of the published statistics only look at agreements covering 5,000 or more. The social partners represented in these bodies can assess whether or not the government`s proposals comply with the corresponding collective agreement and, if so, give their opinion. The framework for collective bargaining has been significantly changed in recent years by a series of legal measures, with the introduction of important legislation in May 2004, January 2007, August 2008, June 2013, August 2016 and, more recently, September 2017 (macron orders). To a large extent, these changes have continued to increase the importance of enterprise-level agreements to the detriment of sectoral negotiations, as well as strengthening and clarifying rules of access to negotiations and the circumstances under which agreements are valid.

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