Language

Employment · Sub-expertise

Collective bargaining.

Collective bargaining has become a strategic lever for steering the company: working time, remuneration, mobility, remote working, quality of life. Well conducted, it brings flexibility and buy-in; poorly conducted, it paralyses and triggers disputes. We assist companies in designing, negotiating, and securing their agreements.

→ What we cover

Our scope of intervention.

Company agreements

Negotiation and drafting of agreements on the major topics: working time, day-rate arrangement, remuneration, profit-sharing (intéressement), statutory profit-sharing (participation), remote working, quality of life.

Mandatory annual negotiations (NAO)

Steering of the mandatory annual negotiations (remuneration, working time, professional equality), preparation of positions, conduct of meetings, formalisation of the agreement.

Collective performance agreement

Implementation of a collective performance agreement to adapt working time, remuneration, or mobility to the needs of the company. A specific procedure applies to employees refusing its application.

Sector-wide agreement

Articulation with sector-wide agreements: contractual public policy, primacy of the company agreement on the topics that are not locked at sector level.

Method agreements

Agreements organising the conduct of future negotiations (PSE, reorganisations): timeline, expert reviews, consultation arrangements.

Validation & filing

Verification of the majority conditions, filing with the DREETS and the registry, publication of the agreements, handling of any challenges.

→ Our approach

A proven methodology.

01

Diagnosis & scoping

Identification of the topics for negotiation, analysis of the contractual environment (sector, prior agreements), construction of the negotiation strategy.

02

Negotiation

Conduct of the meetings, management of the trade unions' positions, progressive formalisation of the agreement, pursuit of the required majority.

03

Signature & filing

Signature of the agreement, verification of the majority conditions, legal filing, publication.

04

Implementation & monitoring

Operational roll-out of the agreement, training of teams, monitoring of commitments, handling of any disputes over its application.

→ Who we help

Typical engagements.

Working-time agreement

Negotiation of an agreement modulating working time (annualisation, day-rate arrangement, RTT) according to the specific features of the business, with legal securing of the arrangements.

Profit-sharing and participation agreement

Implementation of a profit-sharing (intéressement) agreement aligned with strategic objectives, articulated with statutory profit-sharing (participation) and a company savings plan.

Collective performance agreement

Negotiation of a collective performance agreement to adapt remuneration or mobility to the company's needs, with management of individual refusals and the specific dismissal procedure.

Remote-working agreement

Framing of remote working post-COVID: eligibility, days, allowance, equipment, articulation with the right to disconnect and occupational health.

→ Q&A

Frequently asked questions.

The trade unions that are representative within the company. The agreement is valid if it is signed by unions that obtained at least 50% of the votes cast in the first round of the last elections. Failing this, validation is possible by referendum under the statutory majority conditions.

Since the 2017 Macron ordinances, the company agreement prevails over the sector-wide agreement in most areas. Certain topics remain locked at sector level (minimum wages, classifications, pooling of training funds, etc.).

A company agreement allowing working time, remuneration, or mobility to be adjusted to meet operational needs. An employee refusing its application may be dismissed on a specific sui generis ground, under a simplified procedure.

For agreements bearing on the CSE's powers (working time, training, organisation), a prior information-consultation is generally required. Agreements with the representative unions articulate with the obligations towards the CSE depending on the topic addressed.

→ Go further

Explore other sub-expertises.

A project in Collective bargaining?

Let's talk. We respond within one business day to qualify your transaction and direct you to the firm's most suitable lawyer.

Get in touch