Changing the Applicable Collective Bargaining Agreement: Harmonising Social Status Within a Group

To successfully move a company — often newly acquired — from one branch collective bargaining agreement (convention collective de branche) to another, you must bring about a genuine change in the principal activity actually carried out. This process, governed by Articles L. 2221-1 et seq. of the French Labour Code, allows you to reshape the social status of your employees in order to harmonise it more effectively within the group.

The Principle: The Collective Agreement Follows the Principal Activity

The collective bargaining agreement applicable within your company is not a matter of free choice; it depends on the principal activity carried out there. This activity, identified by an APE code (French business activity classification code), objectively determines the applicable branch agreement. For example, in the context of an acquisition, the target company’s original agreement remains in place for as long as its principal activity continues to fall within its former scope.

It is important to note that a management’s unilateral decision to change agreements will never, on its own, be enough to force such a change. You must build a course of action grounded in real, factual elements.

The Mechanism: Organising the Change of Principal Activity

To modify the applicable collective bargaining agreement, it is essential to organise and document a tangible and verifiable change in the company’s principal activity. For instance, a company specialising in engineering consultancy that consolidates field teams could shift its activity towards the execution of works, thereby triggering a change of agreement.

This challenging of the original agreement (mise en cause) requires building a solid evidentiary file, including elements such as:

• A description of the activities before and after the change
• A clear list of the teams and functions transferred
• Organisation charts before and after the reorganisation
• The share of turnover and margin that has shifted with the new scope of activity
• The contracts and projects awarded to the entity concerned.

Consulting the CSE: Transparency and Documentation

The change of activity and the consolidation of teams must also go through an information and consultation process with the comité social et économique (CSE — social and economic committee, the works council) of the target entity. This consultation framework serves essential objectives:

1. To fairly inform the CSE of the transformations underway and their consequences, in particular the change of applicable agreement.
2. To assemble a body of supporting documents capable of legitimising the change before a court in the event of a challenge.

Where the operation forms part of a broader group strategy, it is advisable to consider consulting the central CSE (CSE central).

The Effects of the Mise en Cause: The Transition Period

The mise en cause does not immediately alter the framework of the original agreement. The mechanism requires observing a notice period of 3 months, followed by a survival period (période de survie) of 12 months. Thus, for up to 15 months after the mise en cause, the rules of the original agreement continue to apply to the employees present on that date. During this same period, the new agreement becomes the reference agreement for your company.

It is during these 15 months that you will need to negotiate a substitution agreement (accord de substitution), which will organise the transition to the new contractual framework.

Coordinating with Existing Company-Level Agreements

It is important to note that the mise en cause of the branch agreement does not automatically call into question existing company-level agreements (accords d’entreprise). These remain valid until a termination (dénonciation) takes place. In the interest of harmonisation, it is crucial to plan and schedule the termination of these agreements.

The dénonciation must likewise observe a 3-month notice period followed by a 12-month survival period, which largely aligns with the timeline of the branch agreement’s mise en cause. By combining the mise en cause of the collective agreement with the termination of internal agreements, you create a framework conducive to renegotiating a coherent and unified social status across your group.

Frequently Asked Questions

What are the timeframes for changing the collective bargaining agreement?

The change process involves a 3-month notice period followed by a 12-month survival period. This provides 15 months to negotiate the new terms.

What documents are needed to prove a change of activity?

A robust set of documentation must include a description of the activities, organisation charts, and the breakdown of revenue and teams.

Do I have to consult the CSE even if the activity changes?

Yes — the CSE must be informed and consulted to ensure transparency and to build a reliable evidentiary file.

Which agreement applies after the mise en cause?

After the mise en cause, the new agreement becomes the reference agreement, even though the former rules continue to apply during the survival period.

What happens to ongoing company-level agreements?

Company-level agreements continue to apply until they are terminated (dénoncés), which can be organised in parallel with the mise en cause of the branch agreement.

The key lies in planning, communication and documentation, thereby ensuring the harmonisation of social status and compliance with legal requirements.

📌 This article is part of the complete dossier Social Engineering: Structuring and Securing Your Operations.