“Branches and enterprises” : the new rules of the game

Companies. The orders work from September 22, 2017 and the law Pénicaud march 29, which has ratified have transformed the roles of the respective branches and businesses in the development of a treaty law vis-à-vis which the provisions of the labour code become residual, within certain limits.

This question was the subject of the 24th Seminar employment, co-organized by the ministries of economy and labour, which took place Friday, June 15 (” What is the role of the branch and the company, after the recent reforms? “). The German lawyer Achim Seifert, the economist Virgile Chassagnon, the former HR director of large companies and chairman of the division social du Medef, Jean-François Pilliard, and Charlotte Carsin of the directorate general of labour, analysed the situation and offered a comparison with Germany.

The government now has all the cards in the hand to redraw the respective roles of the branches and enterprises. For any new branch agreement developed by the social partners, the minister has the opportunity to seize a group of experts that has just been formed to advise on the desirability of an extension to the branch.

So far, this extension was almost automatic, and caused many critics : the negotiators of the branches, often from the larger companies, could develop standards stifling SMES and impeding the entry of new firms. The extension could now become less consistent, which would strengthen the role of the trading company.

The coming months will tell how ambition this opportunity will be used. This in a context rendered moving by the ongoing process of reduction in the number of professional branches, which is expected to spend nearly $ 700, at the end of 2015, to approximately 200, the end of 2019.

The collective agreement before the employee

The new texts have largely…

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