Organisations or groupings which have the capacity to bring legal proceedings and which are bound by an agreement or arrangement may bring in their own name any action seeking performance of the commitments entered into and, where appropriate, damages against the other organisations or groupings, their own members or any person bound by the agreement or arrangement.
Persons bound by an agreement or arrangement may bring any action to obtain performance of the commitments entered into and, where appropriate, damages against other persons or organisations or groups bound by the agreement or arrangement who breach those commitments in respect of them.
It is up to the party challenging the legality of a collective agreement to show that it does not comply with the legal conditions governing it.
Any action for nullity of all or part of a collective agreement or arrangement must, on pain of inadmissibility, be brought within two months of : 1° of the notification of the company agreement provided for in article L. 2231-5, for organisations with a trade union section in the company ; 2° From the publication of the agreement provided for in article L. 2231-5-1 in all other cases. This period…
Where the court is seised of an action for nullity referred to in Article L. 2262-14, it shall render its decision within six months.
If the court annuls all or part of a collective agreement or convention, it may decide, if it appears to it that the retroactive effect of this annulment is likely to have manifestly excessive consequences by reason both of the effects that this act has produced and the situations that may have arisen when it was in force and of the general interest that may be attached to the temporary…
When, in application of an express legislative provision in a given matter, an agreement or an extended collective labour agreement derogates from legal provisions, infringements of the derogatory stipulations are punishable by the same penalties as infringements of the legal provisions in question.
The National Commission for Collective Bargaining, Employment and Vocational Training is responsible for : 1° Proposing to the Minister for Labour any measures likely to facilitate the development of collective bargaining, in particular with a view to harmonising the definitions used in branch agreements; 2° Issuing an opinion on draft laws, ordinances and decrees relating to the general rules governing individual and collective labour relations, in particular those concerning collective…
The Commission nationale de la négociation collective, de l’emploi et de la formation professionnelle (National Commission for Collective Bargaining, Employment and Vocational Training) includes representatives of the State, of the Conseil d’Etat, as well as representatives of representative employers’ organisations at national level and representative employees’ trade union organisations at national level. When it is consulted on employment policy, guidance and initial and continuing vocational training and on the documents…
A decree of the Conseil d’Etat determines the organisation and operation of the Commission nationale de la négociation collective, de l’emploi et de la formation professionnelle (National Commission for Collective Bargaining, Employment and Vocational Training).
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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