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FRANCE Fr.1

FRANCE Fr.1 ANNOTATION This was the first decision of the Cour de cassation regarding the effect of Section L. 122-3-4, introduced into the Labour Code in 1979, on collective agreements. The decision establishes the principle that a collective agreement cannot now exclude employees who are parties to fixed-term contracts of employment from their scope. It does so by reference to the consideration that a collective agreement may not provide for arrangements which are less favourable to employees than legislative provisions in force. That consideration is based on Section L. 132-4 of the Labour Code, which provides, inter alia, that a collective agreement "may contain provisions more favourable to the employees than those of the laws and regulations currently in force. It shall not depart from provisions that are part of public policy, as laid down in such laws and regulations". It should be noted that the Court refers to the provisions of the Labour Code as "imperative". The argument of the appellants that Section L. 122-3-4 could apply only where fixed-term employees and employees with contracts of unspecified duration were otherwise on the same footing, and that in this case the former belonged to an occupational category not otherwise covered http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

FRANCE Fr.1

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6028
DOI
10.1163/221160285X00030
Publisher site
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Abstract

ANNOTATION This was the first decision of the Cour de cassation regarding the effect of Section L. 122-3-4, introduced into the Labour Code in 1979, on collective agreements. The decision establishes the principle that a collective agreement cannot now exclude employees who are parties to fixed-term contracts of employment from their scope. It does so by reference to the consideration that a collective agreement may not provide for arrangements which are less favourable to employees than legislative provisions in force. That consideration is based on Section L. 132-4 of the Labour Code, which provides, inter alia, that a collective agreement "may contain provisions more favourable to the employees than those of the laws and regulations currently in force. It shall not depart from provisions that are part of public policy, as laid down in such laws and regulations". It should be noted that the Court refers to the provisions of the Labour Code as "imperative". The argument of the appellants that Section L. 122-3-4 could apply only where fixed-term employees and employees with contracts of unspecified duration were otherwise on the same footing, and that in this case the former belonged to an occupational category not otherwise covered

Journal

International Labour Law Reports Online – Brill

Published: Jan 1, 1984

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