Subsection 3: Extension and enlargement procedures.

The procedure for extending a branch agreement or a professional or cross-industry agreement is initiated at the request of one of the representative employers’ or employees’ organisations mentioned in article L. 2261-19 or at the initiative of the Minister responsible for labour, after receiving the reasoned opinion of the National Commission for Collective Bargaining, Employment and Vocational Training. Upon receipt of this request, the Minister responsible for labour will immediately…

The Minister of Labour may exclude from extension, after a reasoned opinion has been given by the National Commission for Collective Bargaining, any clauses that conflict with legal provisions. The Minister may also refuse to extend a collective agreement on grounds of general interest, in particular on the grounds that it is excessively detrimental to free competition or to employment policy objectives. It may also exclude clauses that can be…

When the amendments to an extended agreement only concern wages, they are subject to an accelerated examination procedure, the terms of which are defined by regulation after consultation of the National Commission for Collective Bargaining. This procedure must preserve the rights of third parties. When the inter-professional minimum growth wage has increased at least twice in application of articles L. 3231-5, L. 3231-6 to L. 3231-9 or L. 3231-10 during…

When the reasoned favourable opinion of the National Commission for Collective Bargaining, Employment and Vocational Training has been issued without the written and reasoned opposition of either two employers’ organisations or two employees’ organisations represented on this commission, the Minister for Labour may extend an agreement or convention or their addenda or annexes by decree: 1° When the text has not been signed by all of the most representative organisations…

The Minister responsible for labour, on his own initiative or at the written and reasoned request of an employers’ organisation or an employees’ organisation which is representative in the field of application of an agreement or their amendments, shall refer the matter to a group of experts responsible for assessing the economic and social effects likely to result from their extension. A decree shall determine the terms and conditions for…

The extension order for an agreement or arrangement lapses on the date on which the agreement or arrangement in question ceases to have effect.

The extension order becomes null and void from the date on which the extension order for the text in question ceases to have effect.

If an agreement is subsequently concluded in a territorial or professional sector which has been the subject of an extension order, the latter becomes null and void with regard to the employers bound by this agreement. The extension order repeals the extension order in the field of application for which the extension is pronounced.

The provisions of this sub-section do not apply to : 1° Agreements relating to unemployment insurance as provided for in article L. 5422-20; 2° Agreements concluded within the framework of a convention or an agreement on employee profit-sharing and which aim to determine the nature and management methods of the rights granted to employees who benefit from them.