Factsheet for measure
FR-2018-1/2679
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Updated
– measures in France
Collective performance agreement
Accord de performance collective
Background information
A new kind of company collective agreement was introduced by the 2017 reform of the labour code (Ordinance 2017-1385 of 22 September 2017 and Law of 29 March 2018). This instrument is in force since 1 January 2018. It covers all private companies, whatever their size.
Collective performance agreements can be concluded at company level in order to meet the needs of the company's operations or with a view to preserving or developing employment. These agreements may include stipulations aimed at:
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adjusting the duration of work, its organisation and distribution;
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adjusting remuneration, in compliance with the minimum hierarchical wages defined by the branch agreement
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determine the conditions for professional or geographical mobility within the company.
Content of measure
This is an internal flexible instrument that allows employers to negotiate with unions or other employee representatives at company level to organise working time, wages as well as the terms and conditions for the internal professional and geographical mobility of employees ‘to meet the needs related to the operation of the company or to safeguard or develop employment’. This means that this kind of collective agreement may also be concluded without any specific economic difficulties faced by the company (Labour code, article L2244-2)
The content of the agreement is completely free and left in the hands of the unions and the employer. The only obligation is to provide a preamble defining the objectives pursued. To be valid the agreement has to be signed by one or more unions representing at least 50% of the votes cast at the last workplace elections. Different and special provisions apply for companies without union representatives, depending on the size of the company.
Once the agreement is signed, employees have to give their opinion. If the employee agrees, the provisions of the agreement shall automatically replace any contrary and incompatible clauses in the employment contract, including those relating to remuneration, working hours and professional or geographical mobility within the company. In case of refusal, the employee will be individually dismissed. It also means that the employee cannot challenge the grounds for dismissal before the labour court.
Updates
The following updates to this measure have been made after it came into effect.
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23 November 2021
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With the COVID-19 crisis, the number of collective performance agreements (CPA) is clearly increasing, according to a study published by DARES (see Source box). This increase is based on units (companies, groups, etc.) that are experienced in social dialogue. The agreements are adapted to the urgency of the health crisis and differ from those concluded previously.
More than half of them mention economic difficulties as a preamble. The proportion of fixed-term agreements is increasing and their duration is much shorter than before. The theme of remuneration is mentioned more often, and compensation, although still in the minority, is more frequent.
In times of pandemic, CPA could be seen as a crisis management tool. 429 CPAs or amendments to a CPA were concluded between 1 July 2019 and 31 December 2020. The COVID-19 crisis led to a significant increase in agreements: 247 CPAs were concluded in the last three quarters of 2020, compared with 133 in the previous three quarters. This 86% increase is all the more remarkable given that the total number of agreements or endorsements (excluding employee savings schemes) increased only slightly over the same period (+8%) and even fell over the whole of 2020.
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Use of measure
Since its entry into force, the instrument is considered to be a success: 429 agreements or amendments to a plan were concluded between 1 July 2019 and 31 December 2020, according to Ministry of Labour (DARES, 2021). The COVID-19 crisis led to a significant increase in agreements: 247 plan were concluded in the last three quarters of 2020, compared with 133 in the previous three quarters. This 86% increase is all the more remarkable given that the total number of agreements or endorsements (excluding employee savings schemes) increased only slightly over the same period (+8%) and even fell over the whole of 2020.
Target groups
Actors and funding
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Actors
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Funding
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National government
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No special funding required
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Social partners
Social partners' role in
designing the measure
and form of involvement:
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Trade unions
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Employers' organisations
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Role
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Consulted
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Consulted
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Form
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Direct consultation outside a formal body
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Direct consultation outside a formal body
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Social partners' role in the
implementation, monitoring and assessment phase:
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Social partners jointly
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Main level of involvement: Company level
Involvement
Such instrument only exists through collective bargaining between the employer and the representative trade unions on company-level.
Views and reactions
Unknown
Sources
