French Labor Law: Agreements & Conventions

Droit du Travail

• Located in the equality block, below the Constitution.
• A comprehensive document detailing labor laws.

Accords de Branches et Conventions Collectives (Sectoral Agreements and Collective Agreements)

• Supplement labor law, forming the conventional block.
• Agreements between employee unions and employer organizations.
• Adapt labor law to specific industries due to their unique characteristics.
• May include provisions not in the labor code, like year-end bonuses or extra vacation days.
• Can specify employment conditions and social guarantees such as weekly work duration and severance package calculations.
• Terms depend on negotiation, where employee groups may trade off benefits.

Accords d'Entreprise ou d'Établissements (Company or Establishment Agreements)

• Local agreements signed by management and employee representatives.
• Defined by annual mandatory negotiations (NAO) on three key themes.
• Négociations Annuelles Obligatoires (NAO) occur during CSE (Social and Economic Committee) meetings.
• Three NAO themes: remuneration, working time/value sharing, and professional equality/quality of life.
• A fourth theme, long-term jobs and skills management, is addressed every three years.
• Majority vote needed for approval requires 50% or more support from unions representing employees
• Defined by a two-month window for additional unions to support the agreement.
• The referendum determines the employer's action if no additional signatures are obtained.
• This is important for social exchanges to smooth relations with employees.
• The CSE (Social and Economic Committee) meets with management to have discussions, display orders of the day, and show names of staff member on various displays.
• This contributes to employees feeling respected and free to work correctly.

Types de Contrats de Travail (Types of Employment Contracts)

• CDI (Contrat à Durée Indéterminée) / Permanent Contract: Standard contract, can be verbal.
• CDD (Contrat à Durée Déterminée) / Fixed-Term Contract: Also known as "vacation," must be written, in French, and can be translated if the employee asks.
• CDD must be signed within 48 hours.
• Non-compliance with the 48-hour signing rule does not automatically convert the CDD to a CDI, but results in compensation for employees.
• CDD requires a valid reason, like replacement, increased workload, or seasonal work.
• Employee must sign a document denying a CDI offer.
• An email confirming the discussion can protect employer and employee.
• CDD must specify a duration, or replacement/return of previously assigned employee in specific case of absence.
• Partial CDD cannot be less than 24 hours per month, unless employee requests otherwise in writing.
• Requires job title, applicable collective agreements, and retirement/insurance information.

Intérim et Vacation (Temporary Work and On-Call Work)

• Intérim (Temporary Work): Agency supplies, trains, pays employees, and assigns them.
• Employees follow company rules, but are not on the company's payroll.
• One of various types of contracts.
• No contract is needed with the staff member, only payment for their services.
• Requires oversight of supplier to watch days and timesheets.
• Vacation (On-Call Work): Can be sourced directly or through an agency.
• Requires a CDD, diploma and personal detail verification.
• Agency finds a candidate and receives commission, while the company issues a payslip.
• Sometimes the agency relationship is ended early, leading to various risks, including legal ones.
• Ensure that cancelling/ending agency employment are followed in accordance with supplier's guidelines and or procedures.