The reform of collective bargaining in the public sector, initiated by the July 2011 Act, is changing the way union representation in the public sector is assessed, in line with rules already in place in the private sector since 2008. Since this legislation, workplace elections have determined the extent to which unions can participate in negotiations, sign agreements and hold seats on tripartite advisory councils. Department of Labor, General Directorate of Labour (DGT) (2018), Collective bargaining in 2017, DARES, Paris. The practice of adding opening clauses or opt-out clauses to collective agreements is very rare. However, the 2017 labour law reform allows sector agreements to be adapted to the size of the company. For example, some of their provisions may not cover small businesses. When drafting a bill through the consultation process, the government is not required to accept the content of a collective agreement as it has been concluded to date. Depending on the subject, however, it must table the bill: the legal minimum wage (SMIC) is adjusted annually to 1 January each year by the government on the basis of non-binding advice by a group of independent experts and after formal consultation with the social partners. It is linked to inflation (excluding tobacco) for households in the lowest disposable income quintile. Half of the gain in purchasing power of the average hourly wage for employees and employees will be added to the result. If inflation exceeds 2% during the year, the SMIC is automatically adjusted. In addition, the government may decide at any time to raise the minimum wage beyond the calculated rate. It is forbidden to pay workers below the legal minimum wage, although conventional minimum wages remain below the legal minimum wage.
The CIMS applies to all workers, with the exception of young apprenticeship workers or government-subsidized employment contracts, who receive a reduced minimum wage. The experts at Fred Payroll and Rue de la Paye work together to ensure that you have a pay-settling process that respects the regulations and collective agreements in force at all times. The rate of pay is very high in France and the ECS figures seem to underestimate the actual coverage. In reality, almost all workers are covered by sectoral national wage agreements. The most recent national data are very outdated, but they show that between 1997 and 2004, coverage increased from 93.7% to 97.7% of the private sector workforce. The survey on which the figures are based (ACEMO) has been discontinued. As a general rule, sectoral wage agreements do not expire. The social partners negotiate each year at the sectoral level. If it is not possible to reach an agreement, the prior agreement will be maintained.
The reform of the representativeness of the employers` organisation was adopted as part of the reform of vocational training in March 2014 (Law No. 2014-288 of 5 March 2014 relating to vocational training, employment and social democracy).
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