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Remuneration
Non-observance of treaty minima: acceleration of renegotiations and clarifications
Publié le 20 février 2023 - Directorate for Legal and Administrative Information (Prime Minister)
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Reduced time for starting negotiations, extended conditions for a merger procedure, modification of the time limit for the examination of amendments... The Act on Emergency Measures for the Protection of Purchasing Power of 16 August 2022 introduced several amendments on collective bargaining in the branches in order to raise the minimum wage levels. These amendments have just been supplemented by Decree No. 2023-98 of 14 February 2023.
The law on emergency measures for the protection of purchasing power lays down new provisions so that collective bargaining in the sectors concerned can guarantee compliance with the minimum growth wage (Smic).
Firstly, in order to increase employee minima more quickly, you will have 45 days (instead of 3 months) to enter into a wage negotiation if the national occupational minimum wage of unqualified employees is below the minimum wage. If you don't enter into those negotiations, the unions will be able to do so.
Secondly, the low number of agreements or amendments signed guaranteeing a national occupational minimum wage for employees with no qualification at least equal to the minimum wage is now a reason for the Minister of Labor to initiate a procedure for merging branches. Decree No 2023-98 of 14 February 2023 states that this low number of signed agreements corresponds to:
- the low number of agreements signed in the last 2 years; or
- the low number of issues covered by compulsory negotiation in the last 3 years.
This procedure, laid down in Article L2261-32 of the Labor Code and aimed at reducing the number of branches, makes it possible to merge the scope of collective agreements of one branch with that of another branch having similar social and economic conditions.
As regards the maximum duration of the accelerated examination procedure for amendments to an extended wage agreement, this was set at 2 months by Decree No. 2023-98 of 14 February 2023. This provision applies on condition that the Smic has increased at least twice in the last 12 months before the conclusion of the rider. After this period of two months, the silence of the Minister responsible for labor constitutes a rejection decision.