A convention collective is a legally binding collective agreement that governs employment and working conditions, along with certain social guarantees, for French employees. The written agreement adapts and completes the rules of the French Labour Code to a specific trade or profession.
There are around 500 conventions collectives in France, although the majority of employees are covered by 70 main agreements. It is important for French employers to know which convention collective applies to their company, as in most cases the agreement will award additional rights, or specific employee benefits, that are not provided for by the Labour Code.
How does a French employer know which convection collective applies to their company?
Identifying the right convention collective begins with defining the company’s main activity. Each agreement has a clearly-defined scope of application, and each sector of activity corresponds to one or more conventions collectives.
Once the main business activity is determined, the employer may then refer to the convention collective identifier: a four-digit IDCC code assigned to each agreement by the Ministry of Labour.
Use this link to search for relevant conventions collectives and consult their contents.
What content is included in a convention collective?
Broadly, conventions collectives cover the following topics:
- Recruitment,
- trial period duration,
- minimum wages applicable in the company, and
- benefits available to employees.
There is usually specific detail around the following conditions and obligations:
Performance of the employment contract
- Working hours and rules governing night work
- Definition of public holidays worked/not worked
- Number of days provided for exceptional family leave (such as weddings, births and deaths)
- Conditions for maintaining pay during periods of suspension of work (such as sick leave and parental leave)
- Paid leave allocations
Termination of the employment contract
- Length of notice period/notice conditions (such as the number of hours that can be dedicated to finding a new job during the notice period)
- Severance payment amounts
Social guarantees
- Mutuelle (health insurance)
- Prévoyance (life insurance)
- Supplementary pension conditions
The agreement usually comprises main body text encompassing the above and relating to all employees, with extensions that apply to specific employee categories. Separate additions will also set out obligations not covered by the main body text, such as employee bonus conditions and salary levels.
When and how must a French employer consult the company’s convention collective?
Conventions collectives must be checked at the point of planning an HR-related decision (such as redundancy) or investigating an employee relations issue. The French Labour Code and the company’s convention collective should always be consulted together, to ensure decisions are made with full legal compliance.
Particular care must be taken to ensure the company adheres to the employee salary levels set out in the convention collective. Along with the national minimum wage, the agreement conditions set the legal minimum rates of pay within the company.
Conventions collectives are periodically reviewed and updated, so employers must be sure to consult the most recent version of the agreement.
Note that some areas of France, such as the department of Moselle, are subject to unique regional laws that must be taken into account with the agreement.
As outlined above, conventions collectives include a range of extensions and additions. These form part of the full agreement and must be checked alongside the main body text.
Can we help you understand and navigate conventions collectives in your French company?
We will help ensure that your company is fully compliant, both with the terms of relevant conventions collectives and wider employment legislation in France. Contact us to arrange your free initial consultation and bespoke ongoing support.