Collective bargaining in France: business and sector-level collective agreements
In France, collective bargaining structures the social dialogue between employers and employee representatives. It enables the conclusion of agreements tailored to the business or sector, within a legal framework.
In a nutshell
- Collective bargaining is a pillar of workplace social dialogue.
- It allows labor law to be adapted to the economic realities of a business or sector.
- It takes place at several levels: multi-industry, branch (sector), business or site.
- It results in collective bargaining agreements or specific collective agreements.
- Certain negotiations are mandatory for businesses.
What is collective bargaining?
Collective bargaining refers to discussions between an employer and employee representatives aimed at establishing rules tailored to a specific business or industry sector.
It primarily covers working conditions, employment, professional training and social benefits.
When an agreement is reached, it is formalized as either a collective bargaining agreement or a specific collective agreement. These texts supplement the French Labor Code while complying with public policy regulations.
A collective bargaining agreement addresses all labor-related topics within a sector, whereas a specific collective agreement covers one or more specific themes.
At what levels does collective bargaining take place?
Collective bargaining can occur at several complementary levels. Multiple agreements can co-exist, and specific coordination rules determine which one applies.
Multi-industry agreements (“accords interprofessionnels”) concern all sectors of activity. When they are extended by the State, they become mandatory for all businesses.
Their scope of application can be national – known as a national multi-industry agreement (ANI) – regional or local.
An ANI becomes mandatory for all businesses once it is “extended” by the Ministry of Labor and published in the Official Journal.
Industry-level collective agreement (“accords de branche”) establish the rules applicable to a given sector of activity. They govern key topics such as minimum wages or working conditions.
They apply to businesses falling within that sector, particularly when they are extended.
A branch agreement must be applied by all businesses whose primary activity is covered by the agreement, even if the business does not belong to a signatory trade union or employer organization.
Businesses can conclude their own agreements to tailor rules to their organization. These agreements can be concluded:
- At site level.
- At company level.
- At group level.
- Between several companies (inter-companies agreement).
Inter-companies agreements
An agreement can be negotiated between several companies, involving the various employers and representative unions of each business. This is known as an “inter-company agreement” (‘”accord interentreprise“).
How do laws, collective agreements and specific agreements interact?
Which rule applies at company level?
To determine which rule to apply, the employer must verify the following in order:
- The mandatory provisions of the Labor Code
- The applicable industry-wide collective bargaining agreement
- Any specific collective agreements concluded at the group, business or site level.
In principle, a business agreement takes precedence over a branch agreement, except in certain situations. Within a group of companies, a group agreement may also take precedence over business agreements if it expressly provides for it.
In the absence of a specific rule, the agreement that is most favorable to the employees generally applies.
In which cases do industry-level agreements take precedence?
Industry-level agreements (“accords de branche”) take precedence in 13 domains defined by law, including: minimum wage, trial periods and professional gender equality.
Branch agreements also take precedence over subsequent business agreements, if they expressly provide for it. This applies to four areas provided for by law:
- Prevention of the effects of exposure to occupational risk factors.
- Professional integration and job retention for people with disabilities.
- The workforce threshold for appointing union delegates, their number and the recognition of their union career paths.
- Bonuses for dangerous or unhealthy work.
Summary table of collective bargaining agreements in France
Collective bargaining in France can take place at several levels, from the interprofessional level to the company level. The table below presents the main types of collective agreements and conventions, their scope of application, and the conditions for their implementation.
| Type of agreement | Level of negotiation | Scope of application | Requirements for implementation | Period of validity | Can the agreement be extended? |
|---|---|---|---|---|---|
| National multi-industry agreement (ANI) | National, multi-industry | Several or all sectors of activity, across all or part of the nation | Negotiated between representative trade unions and employer organizations at the national and multi-industry level | Fixed or indefinite term, depending on the text (five years maximum) | Yes |
| Industry-level agreement | Industry / professional sector | All companies falling within the professional and regional scope defined by the industry | Negotiated between representative trade unions and employer organizations of the industry | Fixed or indefinite term, depending on the text (five years maximum) | Yes |
| Cross-industry agreement | Several industries / professional sectors | Companies falling within the industries covered by the agreement | Negotiated between social partners representing several industries | Fixed or indefinite term, depending on the text (five years maximum) | Yes |
| Group agreement | Group of companies | All or part of the companies within the group, depending on the perimeter defined by the agreement | Negotiated by the dominant company, or its representatives, with the relevant representative trade unions | Fixed or indefinite term, depending on the text (five years maximum) | No |
| Company-level agreement | Company | Employees of the company or site covered by the agreement | Negotiation with representative trade unions or, failing that, according to the procedures set out in the Labor Code: CSE, mandated employees, referendum | Fixed or indefinite term, depending on the text (five years maximum) | No |
| Site agreement | Site | Employees of the site concerned | Same conditions as for a company-level agreement, at site level | Fixed or indefinite term, depending on the text (five years maximum) | No |
| Inter-company agreement | Several distinct companies | Employees of the signatory companies only | Negotiated between several companies and the relevant representative trade unions | Fixed or indefinite term, depending on the text (five years maximum) | No |
Source: Business France
How to negotiate a business agreement
Negotiation procedures depend primarily on whether a union delegate is present within the business. Once concluded, the employer must file the business agreement on the Ministry of Labor’s online platform.
Negotiation with a union delegate
Negotiations take place between the employer and the union delegates.
To be valid, the agreement must be:
- Written in French.
- Signed by unions representing more than 50% of the votes cast.
Failing this, a minority agreement can be validated via an employee referendum.
Negotiation without a union delegate
Specific procedures allow for negotiation based on business size:
- In businesses with fewer than 20 employees (no CSE): A draft agreement can be submitted directly to employees and validated by referendum.
- In businesses with 11 to 49 employees: Negotiations can be held with a mandated employee or a member of the Social and Economic Committee (CSE).
- In businesses with 50 or more employees: A CSE member can negotiate, with or without a union mandate, depending on the circumstances.
How long is an agreement valid?
In principle, a collective agreement is concluded for an indefinite term. When a fixed term is specified, it cannot exceed five years.
Comment trouver une convention collective applicable à son entreprise ?
Collective bargaining agreements and branch agreements can be consulted online on the Legifrance website.
The employer must apply the collective bargaining agreement that corresponds to the primary activity performed by the business.
The employer must inform employees of the applicable agreement and keep an up-to-date copy available for them. If a hard copy is not provided, an up-to-date version must still be made accessible to employees.
Find the collective bargaining agreement applicable
The Digital Labor Code website allows you to easily identify the collective agreement applicable to a business using its SIRET number, name or IDCC number. This official tool simplifies verifying which agreement corresponds to the business’s primary activity.
What are the mandatory negotiations within a business?
Certain companies are legally required to engage in regular negotiations with employee representatives. These negotiations primarily cover:
- Compensation and value sharing.
- Professional equality and quality of life at work.
They take place at least every four years, or more frequently in the absence of a specific agreement. Businesses with at least 300 employees must also address topics related to employment and career paths.
Mandatory collective bargaining applies to businesses that have at least one union section and at least one designated union delegate.
A negotiation generally follows several stages:
- The employer provides the necessary information for the discussion.
- Meetings are organized with employee representatives.
- Parties formulate proposals and negotiate clauses.
- An agreement is signed, or a formal record of disagreement is established.
If an agreement is reached, it is formalized and filed with the relevant administration.
Businesses subject to mandatory bargaining can conclude an adaptation agreement to define the organizational procedures for these negotiations. This agreement structures the process and must specify:
- The negotiation topics and their periodicity (with a minimum frequency of every four years).
- The content of the various topics addressed.
- The schedule and location of meetings.
- The information provided by the employer and the communication dates.
- Procedures for monitoring the commitments made by the parties.
This agreement is concluded for a maximum duration of four years.
In the absence of an agreement governing collective bargaining (an adaptation agreement), or in the event of non-compliance, the employer must engage in annual negotiations on specific mandatory topics:
These negotiations primarily cover:
- Compensation, working hours and value sharing.
- Professional equality between women and men, quality of life and working conditions.
In businesses with at least 300 employees, negotiations must also be initiated every three years regarding job management and career paths.
What is the outcome of mandatory negotiations?
Absence of an agreement
When negotiations do not lead to an agreement, the employer remains subject to certain obligations:
- In the absence of an agreement, an action plan must be implemented to guarantee gender equality.
- If no measures are agreed upon regarding pay gaps, corrective actions must be defined within the framework of salary negotiations.
- A record of disagreement is drawn up. It summarizes the proposals from each party as well as the measures the employer intends to implement. This document must be filed with the administration via the dedicated platform Teleaccords.
Signing an agreement
When negotiations are successful, a collective agreement may be concluded between the employer and the trade unions.
This agreement must then be formalized and filed by the employer on the Ministry of Labor’s online platform.
A copy is also sent to the clerk’s office of the labor court (Conseil de prud’hommes).
Visit the dedicated platform (French only)