Applicable collective agreement: complete guide

1. Identify your main business

Why identifying your main activity is fundamental in determining the applicable Collective Agreement

The collective agreement that applies to your business is the one that corresponds to your main activity.

One of the first questions that every entrepreneur should ask himself before recruiting is: What is the main activity of my business? This question is not limited to defining the core of your job; it also determines the collective agreement to which your company will be subject.

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Determine the collective agreement applicable to your company

Selection criteria and obligations

The determination of your collective agreement depends mainly on your main activity. In many cases, the application of an extended collective agreement is mandatory if you fall within its territorial and professional scope of application. If the agreement is not extended, it only applies if you are a member of a signatory employer union.

To identify the applicable agreement, refer to your company's activity. Each agreement specifies its scope of application and the corresponding NAF codes. Also check the geographical coverage, as some national agreements have regional specificities, especially for salaries.

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In case of multiple activities, the main activity is determined by:

• The highest number of employees for an industrial company
• The most important turnover for a commercial company

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2. Understanding the National Collective Agreement (CCN)

The flexibility tools provided for in the collective agreement

La national collective agreement (CCN) is a written agreement negotiated between trade union organizations representing employees and groups of employers in a given sector of activity. It establishes a set of rules concerning:

• The length of the trial period
• The length of notice
• Working hours arrangements
• Minimum amounts of severance benefits
• The classification of employees
• Remuneration arrangements
• The maximum number of overtime hours

In addition, the CCN can also regulate specific contractual clauses, such as non-competition and intellectual property rights.

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The minimum guarantees offered by the collective agreement

The collective agreement also offers a framework of minimum guarantees for employees, including:

• Salaries and bonuses
• Length of leave
• Minimum pension and mutual insurance coverage

It is important to note that the applicable CCN may replace certain provisions of the Labor Code and that it is possible to derogate from its rules in certain specific cases within the company.

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3. The Importance of Collective Agreements in HR Management

Once you have defined the main activity of your business, the applicable collective agreement becomes a key part of your strategy. Here are a few reasons why this is especially important:

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Drafting of Employment Contracts in accordance with regulations

The collective agreement allows you to draw up contracts that comply with current regulations. It defines the essential elements to be included in order to protect both the employer and the employees.

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Implementation of adapted flexibility tools

Thanks to the collective agreement, you will be able to determine what forms of flexible working time are possible. For example, can you set up hourly or day packages? What are the conditions for teleworking? What remuneration should you offer based on the experience of your staff?

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Optimizing recruitment planning

By knowing the classification levels and minimum wages provided for in the collective agreement, you will be in a position to plan the number of employees you can recruit and their level of experience, while staying within your budget. This is essential to create an organization chart that is optimized and aligned with the requirements of your sector.

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4. The SYNTEC collective agreement

For startups operating in technological and innovative sectors, the collective agreement of Technical Design Offices, Consulting Engineering Firms and Consulting Companies (SYNTEC) is often applicable. This agreement covers a wide range of activities, including:

• Electronic game publishing
• Software publishing
• Computer programming
• Consulting in computer systems and software
• IT facilities management

In short, understanding your main activity and the associated collective agreement will allow you to better manage your human resources, optimize your employment contracts and ensure legal compliance as part of your development.

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Conclusion: the strategic importance of the collective agreement

Clearly identifying your company's core business is an essential step in mastering the legal and regulatory landscape of your business. The applicable collective agreement plays a central role in human resources management, from the drafting of contracts to the planning of recruitment. By taking the time to fully understand these elements, you will be able to structure your business in an optimal way, while respecting the guarantees offered to your employees.

Do not hesitate to contact me to ask for help in determining your applicable collective agreement, especially if your company has several activities!

FAQS

What is a collective agreement and what is its role in a company?

A collective agreement is a written agreement negotiated between employers or an employers' organization and one or more employee unions. Its role is to define working conditions, wages, paid holidays, and the rights and obligations of employers and employees, thus adapting the rules of the Labour Code to the specific situations of the sector concerned.

Who are the actors involved in the negotiation and implementation of a collective agreement?

At the level of the Branch of activity covered by the Collective Agreement, it is the trade union organizations representing employees and the professional organizations of employers that negotiate.

How do you determine which collective agreement applies to a specific company?

To determine which Collective Agreement applies to a specific business, you need to determine which Collective Agreement covers your main sector of activity and your geographic sector. Thus, it will be necessary to identify the main activity of the company, often defined by the NAF code (Nomenclature of French Activities) or the APE code (Main activity carried out). These codes make it possible to link the company to a specific branch of activity.

What are the different types of Collective Agreements and how do they differ?

Collective Agreements are divided into three main types: - Ordinary Collective Agreement: Applies to member companies of signatory employers' organizations.- Extended Collective Agreement: Made mandatory by ministerial decree for all employers in a sector.- Extended Collective Agreement: Extension of the extended collective agreement to a territorial sector not covered by an agreement.

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