Analysis of Company Agreement Provisions under Modernized Social Dialogue Law
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Company agreement, modernized social dialogue law, employee benefits, denunciation procedure, renegotiation, labor law, collective bargaining
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Abstract
This document provides an in-depth analysis of the provisions of a company agreement under the law of modernizing social dialogue, including the impact of the agreement on employee benefits and the procedure for denouncing and renegotiating the agreement. Written as part of a law course, this analysis is a must-read for anyone interested in labor law and collective bargaining.
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[...] In addition, can the company agreement provide stipulations less favorable to employees than those of the applicable CNN? Yes, since the law of modernization of social dialogue, a company agreement can provide to apply provisions less favorable than those of the applicable CCN branch as long as it does not concern the points that are part of the block of the 13 mandatory themes fixed by the ordinance 1385 of September and that the 4 so-called optional themes are not locked by the branch agreement. [...]
[...] The action takes place before the law of 8 August 2016 on modernising social dialogue. As a result, with regard to the birth allowance, the principle of favourability still applies. The company agreement cannot derogate from the more favourable rule, which is that of the industry-wide agreement. Therefore, Madame RISTRETTO is right and should benefit from the 1500? birth allowance. In the case of the end-of-year bonus, Mr. VOLLUTO must indeed continue to pay it and do so as long as he has not respected a certain procedure: that of denouncing an abuse. [...]
[...] The parties have 3 months to negotiate a new agreement as soon as the first denunciation, however if they do not succeed, they still have a 12-month deadline to achieve this. Only and only if the first negotiations respected the 3-month deadline. Regarding the birth allowance, Mr. VOLLUTO will once again face the same problem. We are in 2013 and the law on the modernization of social dialogue is not yet in force. As a result, the principle of favor remains the applicable principle. And therefore, if the employee knows his rights and makes the request, his birth allowance will be that of the branch agreement. Case study 2. [...]
[...] In fact, as soon as one of the signatory parties to the agreement denounces it, as long as they respect the denunciation procedure well, negotiations must be started within 3 months following the denunciation. He should not have waited for the agreement to be denounced by the CFDT and FO to launch substitution negotiations. This substitution agreement must be negotiated by all representative trade unions of the company as well as by the employer. Can this agreement be considered as a substitution agreement? What is the impact of this agreement on the birth allowance? [...]
