Without prejudice to the effects of extension or enlargement, the application of agreements and arrangements is compulsory for all signatories or members of signatory organisations or groupings.
Membership of a signatory organisation or grouping has the same consequences as membership of the collective labour agreement itself, provided that the conditions for membership set out in Article L. 2261-3 are met.
An employer who resigns from the signatory organisation or grouping after the agreement has been signed remains bound by it.
Employees’ organisations and employers’ organisations or groupings, or individual employers, bound by an agreement or arrangement are required not to do anything likely to jeopardise its faithful performance. They are only liable for such performance to the extent determined by the agreement.
The conditions for informing employees and staff representatives about the collective bargaining law applicable in the company or establishment are defined by branch agreement or professional agreement. In the absence of an agreement, the procedures for providing information on the applicable collective bargaining texts are defined by regulation.
Each year, the employer provides the social and economic committee and the union delegates with a list of the changes made to the agreements applicable in the company. In the absence of staff delegates, this information is communicated to the employees.
When an employer resigns from an organisation that is a signatory to an agreement or convention, the employer shall inform the employees without delay under the conditions defined in Article L. 2262-6.
Copies of the texts of agreements filed with the administrative authority may be communicated and issued under the conditions laid down by decree in the Conseil d’Etat.
Organisations or groupings with the capacity to take legal action, whose members are bound by a convention or agreement, may bring all legal actions resulting therefrom on behalf of their members, without having to prove a mandate from the interested party, provided that the latter has been notified and has not declared his opposition. The person concerned may always intervene in proceedings brought by the organisation or grouping.
Where an action arising out of the agreement or arrangement is brought either by a person or by an organisation or grouping, any organisation or grouping with legal standing, whose members are bound by the agreement or arrangement, may always intervene in the proceedings brought, by reason of the collective interest which the resolution of the dispute may represent for its members.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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