The practice of introducing tariff provisions with opening clauses or opt-out clauses is very rare. But the 2017 labour law reform makes it possible to adapt industry agreements to the size of the company. For example, some of their provisions cannot cover small businesses. The statutory minimum wage (SMIC) is adjusted each year on 1 January each year by the government on the basis of non-binding advice from a group of independent experts and after formal consultation with the social partners. It is indexed to inflation (excluding tobacco) for households that are among the lowest disposable income quitiles. Added to this is half of the growth in the purchasing power of the average hourly wage for manual and non-manual workers. If inflation exceeds 2% during the year, the SMIC will be automatically adjusted. In addition, the government may decide at any time to increase the minimum wage beyond the calculated rate. It is forbidden to pay workers below the legal minimum wage, although sectoral collective agreements keep agreed minimum wages below the legal minimum wage. The SMIC covers all employees, with the exception of young workers in training or on a state-subsidised employment contract, who receive a reduced minimum wage.
In addition, a worker`s pay slip must also mention the collective agreement applicable to his company. The employer is also obliged to comply with certain obligations concerning the process of communication / information of employees: The Health Insurance (National Health Insurance), unless a sectoral collective agreement obliges the employer to pay Negotiations at company level are not limited to these mandatory areas. Employers and trade unions are also free to negotiate on matters other than those covered by sectoral negotiations. Trade unions at company level may also be involved in the negotiation of redundancy agreements (see section on company representation). Ordinance No. 2017-1385 of 22 September 2017 on the strengthening of collective bargaining Since 1 January 2017, the principle is to give priority to the company agreement for most provisions relating to working time. There is also a new obligation for employers to negotiate appropriate rest periods and annual leave and to follow agreements that respect workers` private and family life. In the absence of an agreement, the employer must clearly define the procedures under which a worker can exercise the “right to disconnect” from any work-related communication. . . .