A convention collective is a written agreement that governs individual and collective employment relationships in France. The agreement also directs working conditions, social guarantees, and benefits applicable in a given industry, to all employees who fall under its scope.
The vast majority of French companies are covered by a convention collective, which is determined according to its main business activity.
How is the right convention collective identified for each French company?
There are around 500 conventions collectives in France. Each agreement has a clearly-defined scope of application – national, regional, or departmental – that adapts the rules of the French Labour Code to a specific trade or profession.
Although there is a large number of conventions collectives, around 75% of French employees are covered by 70 main agreements.
To determine the right convention collective, an employer must begin by defining the company’s main activity. In this, the codes Activité Principale Exercée (APE)and Nomenclature d’Activité Française (NAF),which are assigned to a company on registration with the Institut National de la Statistique et des Études Économiques (INSEE), will help identify its main area of business. Each sector of activity will correspond to one or more conventions collectives.
(Note: even if the business has the status of a foreign company not registered, its APE code can be found on the SIREN document issued by the INSEE).
The employer may then refer to the convention collective identifier: a four-digit IDCC code attached to each agreement by the Ministry of Labour.
Use this link to search relevant conventions collectives and read their contents.
Will the identified convention collective automatically apply to the company?
It is not always the case that the identified convention collective will apply to the company. An arrêté ministériel d’extension, or extension order, means that the convention collective must legally apply to all companies that fall under its scope.
However, in the absence of this extension order, the agreement’s provisions will only apply if the employer belongs to a trade union that has signed it. Without either of these condition, the employer is free to decide whether or not to join the convention collective.
What employer obligations exist under a convention collective?
Contractually, employees must be informed of the relevant convention collective in place as soon as they are hired. The agreement name and IDCC code must appear on payslips and its full text must be made freely available to read; either in print or via an internal company network.
The employer must also provide a copy of the agreement to members of the CSE and trades union representatives where applicable.
What content is typically included in a convention collective?
Conventions collectives will usually cover the following examples, which are non-exhaustive:
- The recruitment process
- Trial period conditions and duration
- The minimum wage applicable in the company
- Working time
- Night working provisions
- Employee bonuses
In some cases, conventions collectives may state more favourable conditions than those set out in the French Labour Code. This could include working time that is less than the legal 35-hour week, more generous exceptional leave, or higher severance pay than the mandatory compensation.
Conventions collectives can also secure higher rates of bonus pay, or benefits that employees may not otherwise have been able to obtain.
Can we answer your questions about conventions collectives in France?
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