French Labour Code
In forceI.-The Minister responsible for Labour may, in view of the general interest in restructuring professional branches, initiate a procedure to merge the scope of application of the collective agreements of a branch with that of a related branch with similar social and economic conditions:
1° When the branch has fewer than 5,000 employees;
2° Where the activity of the branch is characterised by a low number of agreements or endorsements signed, in particular those guaranteeing a national minimum professional wage, within the meaning of 4° of II of article L. 2261-22, at least equal to the interprofessional minimum growth wage, and the number of negotiation topics covered;
3° Where the geographical scope of the branch is solely regional or local;
4° Where less than 5% of the companies in the sector belong to a professional organisation representing employers;
5° Where the committee provided for in article L. 2232-9 has not been set up or convened;
6° If it does not have the capacity to effectively exercise its full powers in the area of vocational training and apprenticeship.
A notice published in the Journal Officiel invites interested organisations and individuals to make their observations on the proposed merger known within a period determined by decree.
The Minister for Labour shall proceed with the merger after receiving the reasoned opinion of the National Commission for Collective Bargaining.
When two employers' professional organisations or two employees' trade union organisations represented on this commission propose another branch of affiliation, by written and reasoned request, the minister consults the commission again within a period and according to procedures set by decree.
Once the commission has issued a new opinion, the Minister may decide to merge the two bodies.
II - The Minister for Labour may, after receiving a reasoned opinion from the National Commission for Collective Bargaining, order the geographical or professional scope of a collective agreement to be extended to include a territorial or professional sector not covered by a collective agreement.
A notice published in the Journal Officiel invites interested organisations and persons to submit their observations on the proposed extension of the scope of application, within a period determined by decree.
If two employers' professional organisations or two employees' trade union organisations represented on this committee propose an alternative proposal to extend the scope of application, by written and reasoned request, the Minister will consult the committee again within a period and in accordance with procedures laid down by decree.
Once the committee has issued a new opinion, the Minister may decide to extend the scope of the collective agreement concerned.
III - For the branches mentioned in I, the Minister responsible for labour may, in view of the general interest in restructuring professional branches, refuse to extend the collective agreement, its amendments or annexes, after obtaining the opinion of the National Commission for Collective Bargaining.
IV - For the branches mentioned in I, the Minister responsible for labour may, in view of the general interest attached to the restructuring of professional branches, after consulting the National Commission for Collective Bargaining, Employment and Vocational Training and the High Council for Social Dialogue, decide not to draw up the list of professional organisations mentioned in article L. 2152-6 or the list of trade union organisations recognised as representative for a professional branch mentioned in article L. 2122-11.
V.-Unless otherwise stipulated, a decree of the Conseil d'Etat shall determine the conditions for application of this article.
