Affiliate Agreement: Definition
A branch agreement is an act concluded between trade unions and one or more groups of companies active in the same field. The branch agreement is regional or national in scope and can be applied to one or more categories of employees (managers, employees or supervisors). Thus, it concerns the employees and employers of a particular professional branch. For example, they constitute a professional branch, metallurgy, construction, bakery-pastry, hotels, cafes and restaurants.
The branch agreement applies to a company when the employers’ organization to which the company has joined has signed this agreement. The Ministry of Labor may also choose to apply the branch agreement to all companies in a particular sector of activity, even if they have not signed the agreement.
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Difference with the collective agreement
The branch agreement should not be confused with the collective agreement. The branch agreement can be signed by companies that operate in the same sector of activity without being part of the same collective agreement. The collective agreement has a broader scope.
A branch agreement sets out certain conditions on one or more specific topics, while the collective agreement concerns all employment law.
Affiliate Agreement Content
The branch agreement provides details on specific points such as:
- working and employment conditions,
- the implementation of training plans,
- social rights,
- the hardness,
- the pension scheme,
- mutual insurance.
annotate: you can find all the branch agreements in force on the legifrance website.
Affiliate contract: formalities
Branch contracts must be filed with the central services of the Ministry of Labor in two copies (one original paper copy and the second an electronic version). Attachments and amendments to the branch agreement must also be produced.
Depending on the sector of activity, branch agreements must be submitted either to the service of the DREETS (Regional Directorates of Economy, Employment, Labor and Solidarity) for agricultural activities, for example, or to the Maritime Directorate of the Maritime sector. .
Liaison branch agreement and company agreement
The rules provided for in the branch agreement can sometimes conflict or overlap with other conventional provisions provided for in a company agreement, for example. The law provides a list of 13 topics for which the provisions of the branch agreement prevail over the company agreement. These are the following topics:
- minimum wages;
- the conditions and duration of the renewal of the trial period;
- professional equality between men and women;
- the rules on fixed-term contracts and temporary work contracts;
- the rules relating to the CDI site or operation;
- the pooling of joint financing funds;
- the pooling of vocational training funds;
- the rules relating to working hours, distribution and organization of working hours;
- the situations in which a temporary worker is made available;
- collective guarantees of complementary social protection;
- the procedures according to which the continuation of employment contracts between two companies is organized when the application conditions relating to the transfer of a company are not met;
- the minimum remuneration of a supported employee and the amount of compensation for corporate contribution.
For the other topics, the provisions of the collective or company agreement with the same purpose prevail over those of the branch agreement.
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