This requirement applies to software, technology, engineering and consulting companies in the service sector. From the point of view of the payslip, what matters most is the CBA mentioned in the employment contract and the payslips. You can find out if your business is included in the Syntec CBA by looking at these documents. French law also recognizes a contractual right of disconnection for workers working from home (teleworkers). Individual agreements for the formalization of telework agreements provide for working hours in which the worker can be contacted by the employer. These trial periods may be extended if the extension is authorized by an interprofessional collective agreement and the possibility of renewal is expressly provided for in the employment contract. In the event of an extension, the trial period may not exceed 4, 6 and 8 months for each of the above categories (Article L.1221-21 of the French Labour Code). Now that the right to separation has become a law throughout France, employers should take steps to ensure compliance with the rules. First, employers should determine whether an applicable sectoral collective agreement contains specific provisions on the right to separation and whether these provisions need to be updated.
In any event, employers should consider whether they are required to enter into negotiations with unions and/or workers` representatives on the right to separation. The Right to Separation Act, which came into force on 1 January 2017, generally applies to companies with at least 50 employees. Although there is no penalty for non-compliance, the law requires employers insured by workers to negotiate with workers the right to separation. The law gives priority to collective bargaining with workers` representatives and unions in order to define the applicable rules on the right to separation. This issue is part of the mandatory annual negotiations on gender equality at work and quality of life at work. Yes – basically, the purpose of the two agreements is different and they should not be confused. A reciprocity agreement leads to the termination of the contract by written agreement between the parties. The purpose of a transaction agreement is to resolve an ongoing dispute between the parties after the termination of the worker`s employment contract. As of January 1, 2016, Neteem is offering the level of coverage defined in the collective agreement. Due to the volume effect of this new compulsory benefit (Malakoff Mederic covers virtually all syntec branches), the cost of coverage is relatively low (47 euros/month in 2017 for worker and child coverage, 50/50 allocation between employee and employer) Dismissal of trial periods has naturally given rise to different types of disputes. The working chamber of the Court of Cassation had already been asked to decide how to apply the provisions of collective agreements in this regard.
The Working Chamber of the Court of Cassation has taken care to place the words “notice” in quotation marks. In deciding that the company had the right to extend the duration of the employment contract – subject to non-compliance with such a contract after the expiry of the trial period – the working chamber of the Court of Cassation seemed to distinguish between the statutory period of care and the termination period provided for by the collective agreements.