French Labour Code
In forceI. - In order to meet the needs associated with the operation of the company or with a view to preserving or developing employment, a collective performance agreement may :
- adjust working hours and the way in which they are organised and distributed ;
- adjust remuneration within the meaning of article L. 3221-3 in compliance with the minimum hierarchical wages mentioned in 1° of I of article L. 2253-1 ;
- determine the conditions of professional or geographical mobility within the company.
II. - In its preamble, the agreement defines its objectives and may specify :
1° The procedures for informing employees about its application and monitoring throughout its duration, as well as, where applicable, the examination of the situation of employees at the end of the agreement ;
2° The conditions under which efforts proportionate to those required of employees are made throughout the duration of the agreement:
- salaried managers working within the scope of the agreement ;
- corporate officers and shareholders, in accordance with the powers of the administrative and supervisory bodies;
3° The arrangements for reconciling employees' professional, personal and family lives;
4° The terms and conditions of employee support and the top-up of the personal training account beyond the minimum amount defined in the decree mentioned in VI of this article.
The provisions of articles L. 3121-41, L. 3121-42, L. 3121-44 and L. 3121-47 apply if the agreement introduces or modifies a system for organising working time over a reference period longer than a week.
Articles L. 3121-53 to L. 3121-66 apply if the agreement puts in place or modifies an annual package arrangement, with the exception of article L. 3121-55 and 5° of I of article L. 3121-64 in the case of a simple modification.
Where the agreement modifies an annual package arrangement, acceptance of application of the agreement by the employee in accordance with III and IV of this article automatically entails application of the stipulations of the agreement relating to the annual package arrangement.
III. - The provisions of the agreement automatically replace any contrary and incompatible clauses in the employment contract, including those relating to pay, working hours and professional or geographical mobility within the company.
The employee may refuse the change to his employment contract resulting from the application of the agreement.
IV. - The employee has a period of one month to inform the employer of his refusal in writing from the date on which the employer informs the employees, by any means that can be relied upon to give a definite and accurate date, of the existence and content of the agreement, as well as of the right of each of them to accept or refuse the application of this agreement to his employment contract.
V. - The employer has two months from notification of the employee's refusal to initiate redundancy proceedings. This dismissal must be based on a specific reason that constitutes real and serious grounds. This dismissal is subject only to the terms and conditions defined in articles L. 1232-2 to L. 1232-14 and articles L. 1234-1 to L. 1234-11, L. 1234-14, L. 1234-18, L. 1234-19 and L. 1234-20.
VI. - The employee may register and be supported as a job seeker following redundancy and be compensated in accordance with the conditions set out in the agreements mentioned in article L. 5422-20. In the absence of the stipulations mentioned in 4° of II of this article, the employer will top up the employee's personal training account under conditions and within limits defined by decree. This contribution is not taken into account when calculating the rights credited to the account each year and the ceiling mentioned in article L. 6323-11.
