Collective performance agreements are highly appreciated by employers, much less by unions … They were created three years ago by the Pénicaud ordinances. Sabrina Kemel is a lawyer specializing in labor law.
franceinfo: first question, because that’s what shocks: is it true that if, as an employee, I refuse to sign this agreement, my boss has the right to fire me?
Sabrina kemel : it is true, he has the possibility of dismissing you within two months which follow the refusal of your adhesion to the collective performance agreement.
So, we are dismissed for what reason?
For a personal reason, and not for an economic reason, because the collective performance agreement is completely decorrelated from the economic difficulties. You are dismissed for a personal reason, for real and serious cause, therefore you receive your severance pay, you are entitled to your notice and you can register as unemployed.
So am I being consulted individually?
You will be informed of the terms of this agreement, of what it changes in your employment contract, since it replaces your employment contract, and you accept or you do not accept.
What can he change?
Working time, salary, and everything related to mobility. That is to say that for example, we could have an agreement which will increase your working hours, without necessarily increasing your remuneration, or an agreement which will affect your remuneration downwards.
Can we lower my salary and I have nothing to say?
Exactly, and this is where the unions, which are supposed to express the voice of the employees and defend their interests, come into play.
What other elements can modify this agreement?
Employee mobility. Impose you a mobility of several hundred kilometers when in principle you could not move your workplace more than 200 km from your home. Bonuses, 13th month bonuses, other bonuses. We can touch at rest.
Holidays are more complicated because we are entitled to our five weeks of paid vacation, so it’s a field that is a little more complicated, but on everything else, we can.
Do we stay in the field of the labor code? We can not go below the guarantees given by the Labor Code?
No, we cannot go below the guarantees of the Labor Code but when we have a collective performance agreement that will reduce the remuneration of an employee, it still affects the hard core of his employment contract. So we don’t go below the minimum wage, but when we lose 100 to 200 euros per month, it’s hard.
Is it a chord that is necessarily over a defined time? Is it a one-off effort that we ask of employees?
There may not be a deadline, but if the agreement doesn’t say anything, it’s a fixed term of five years.
Are there any commitments in exchange from the employee?
Not necessarily, but if you want your agreement signed, it seems important that the company gets involved. So recent agreements maintain jobs, for example. But it is not compulsory.
How is it adopted, do I have my say, can the employees be consulted by referendum?
Yes, in small businesses where there is no CSE. Otherwise it is played at the union level.
Do you see a bright future for these agreements?
Yes, because it is a very flexible tool and it really helps to preserve certain companies.