Question 39493 — work

Summary

Article L. 2261-33 of the Labor Code provides for a period of five years from the entry into force of the merger to allow, by collective agreement, the replacement of the stipulations of the merged collective agreements by common stipulations when they govern equivalent situations. During this five-year period, it is up to the representative social partners in the field resulting from the merger to carry out the harmonization of conventional corpora. Harmonization does not, however, mean standardization, because the labor code allows the existence of specific stipulations for employees who are not placed in equivalent situations, just as this is already possible in any collective agreement, independently of a merger context. Article L. 2261-33 specifies that, in the absence of an agreement concluded within the five-year period, these are the stipulations of the collective agreement of the branch of reference which apply to the entire merged field. In its decision no. 2019-816 QPC of November 29, 2019, the Constitutional Council specified that this application concerned the stipulations of the collective agreement of the branch of origin which govern situations which are equivalent in each of the merged branches. On the other hand, if a situation is specific to the attached branch and, therefore, not governed by the collective agreement of the related branch, the stipulations relating to it in the attached agreement continue to apply. Thus, at the end of the harmonization period and in the absence of agreement, all equivalent situations are governed by the conventional stipulations of the branch of connection (unless they violate the principle of equality of treatment, of which Article L. 2261-33 of the Labor Code suspends the invocability only during the harmonization period of five years), while the situations specific to the attached branch remain governed by the conventional stipulations of the attached branch. It is the responsibility of the representative social partners on the merged field to highlight possible specific situations within the attached branch, not covered by the conventional stipulations of the branch of connection. In the absence of complete harmonization within the five-year period, it will in fact be their responsibility to enlighten employers and employees in the sector as to the applicable law, in order to reduce the risks of legal uncertainty.

Machine translation from French. The official text remains authoritative.

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