Chapter I: Conditions governing the applicability of agreements

For the application of 4°, 9° and 10° of article L. 2261-22, the agreement includes in particular clauses relating to the application of the principle of “equal pay for equal work” and the procedures for settling any difficulties that may arise in this respect.

A branch agreement which may be extended may contain, without this list being exhaustive, stipulations concerning: 1° Specific working conditions: a) Overtime; b) Shift work; c) Night work; d) Sunday work; e) Work on public holidays; 2° General conditions of remuneration for performance work for the categories concerned, except in the case of dangerous, arduous or unhealthy work; 3° Seniority and attendance bonuses; 4° Allowances for professional or similar expenses,…

When an extension or enlargement order is envisaged, it is preceded by the publication of a notice in the Journal officiel de la République française. This notice invites interested organisations and persons to make their observations known. It indicates the place where the agreement has been deposited and the department to which comments are to be submitted. Interested organisations and individuals have fifteen days from publication of the notice to…

The extension or enlargement order is published in the Official Journal of the French Republic. The text of the extended stipulations is published in the Bulletin officiel des services du ministre chargé du travail.

The group of experts responsible for assessing the economic and social effects likely to result from the extension of an agreement or their amendments as provided for inArticle L. 2261-27-1 is made up of five persons chosen for their competence and experience in the economic and social field and appointed by order of the Minister for Labour. The Minister for Labour appoints the chairman of the group of experts from…

Members are appointed for a term of four years and may not be removed. Members whose term of office is interrupted for any reason whatsoever are replaced under the same conditions as their predecessors, within two months for the remainder of their term of office.

The organisations mentioned inArticle L. 2261-27-1 have one month from the publication of the notice provided for inArticle L. 2261-19 to ask the Minister to refer the matter to the group of experts. This request is submitted to the central services of the Ministry of Labour. The Minister responsible for labour shall refer the request provided for in the previous paragraph to the chairman of the group of experts.

Within two months of its referral, the group of experts submits a report to the Minister responsible for labour on the economic and social effects likely to result from the extension of the agreement concerned or one or more of its amendments. This opinion is communicated to the Commission nationale de la négociation collective, de l’emploi et de la formation professionnelle prior to its report on the extension of the…

In carrying out the activities of the group of experts, its members may neither seek nor accept instructions from any authority. They shall be bound to secrecy with regard to the debates in which they have participated and with regard to the information to which they have had access in the course of their work. In the event of failure to comply with the obligations set out in this article,…

The members of the expert group may not take part in the drafting of the report if they have a personal interest in the matter that is the subject of the report.