Question 17636 — work

Summary

Mr. Manuel Bompard draws the attention of the Minister of Labor and Solidarity to the consequences of certain collective performance agreements on the rights and remuneration of employees. Created by Ordinance No. 2017-1385 of September 22, 2017 relating to the strengthening of collective bargaining in order to enable companies to respond to economic or organizational difficulties and to preserve employment, labor agreements collective performance allows employers to sustainably reduce employee remuneration, in particular by eliminating seniority bonuses, conventional elements of remuneration or benefits linked to working conditions. In practice, this system turns out to be an instrument for reducing wages, deteriorating working conditions and reducing employee rights. This is not a simple deviation in the application of the system: collective performance agreements can be concluded without the company having to demonstrate the existence of economic difficulties. Furthermore, a collective performance agreement is not accompanied by any binding commitment in terms of job preservation. Examples of companies carrying out layoffs and relocations despite the commitment of employees for several years in collective performance agreements are legion. If employees have recourse to the competent courts, these necessarily intervene a posteriori and do not always make it possible to prevent the immediate and lasting effects of these agreements on their professional and financial situation. The bond of subordination which binds employees to their employer weakens their means of contesting a collective performance agreement. He asks him if the Government has carried out an evaluation of the effects of collective performance agreements since their creation, in particular on the evolution of the remuneration and collective rights of the employees concerned and their effect in terms of preserving jobs, and if it plans an adjustment, or even a suppression of the system, in the face of the deleterious consequences which they have had for dozens thousands of employees in the country.

Machine translation from French. The official text remains authoritative.

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