Practical advice: Employers who report on SYNTEC collective bargaining should ensure that they meet the following requirements to ensure that they minimize the risk of overtime, damage and/or health and safety requirements. This requires adjustments to employment contracts and ensuring that procedures for monitoring working time are correct. Indeed, what the media reported as a change in the law is only an amendment to the synTEC national collective agreement that was agreed on 1 April 2014 between the respective employers` and trade union organisations. The amendment has not yet been extended by ministerial decree to all companies within the scope of the Syntec CBA. 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. CBAs are very often legal sectoral agreements and automatically apply to certain sectors of French industry and French trade, whether or not the company concerned is a signatory company. The end of the trial periods naturally gave rise to different types of litigation. 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. Home News Labour and employment companies subject to the SO-called SYNTEC collective agreement should welcome a recent decision by the Court of Cassation to end trial periods and, in practice, most wages are determined by the status and classification of employees under the current collective agreement, and the system is not very flexible.
There is also a legal national minimum wage, known in French as SMIC. The salary levels set out in the collective agreement would generally be higher than those of the SMIC. Yes, but strict adherence to the rules of procedure is crucial. There are four main ways to terminate an employment contract in France, a) a resignation, b) dismissal, c) dismissal and (d) a reciprocal termination agreement. Each type of termination involves different stages of the procedure. On 11 April 2014, we issued a warning regarding a new addendum to the SYNTEC national collective agreement in France. This amendment led to global media coverage, including reports that the agreement involved “one million French employees”, that work “became illegal” after 6 p.m. and that French employees are now “forced” to turn off their phones after this period, etc. For workers benefiting from a comprehensive compensation agreement based on a number of working days per year governed by other collective agreements, employers should review their validity and, in particular, working time monitoring systems, taking into account the requirements of current French jurisprudence regarding the validity of global compensation agreements. The employers` and trade union organisations of the branches applying the SYNTEC collective agreement (in particular a number of consulting and service companies in France) have agreed on an amendment to the national collective agreement to allow the application of the day packages to continue. The agreement was signed on April 1, 2014. Yes – basically, the purpose of the two agreements is different and they should not be confused.