Since March 17, many companies have been on a drip through partial activity. The device has helped protect, at least temporarily, thousands of jobs. But with the gradual decline in this coverage, some employers are tempted to ask their employees to lower their wages.
And this can go through collective performance agreements, which since the “Macron ordinances” of 2017 have already attracted hundreds of companies. These deals lend themselves particularly well to the current crisis, as they can allow the company to temporarily reduce the airfoil to weather the storm while retaining the skills to be ready to bounce back. However, the grounds for appeal are broad and the consequences significant for employees.
Why are we talking about this ?
The Ryanair group (via Malta Air) intends to reduce the remuneration of its flight attendants and flight attendants by 10% and impose part-time work on those on minimum wage. And this, for five years. Management threatened in an email with lay off 27 people
if the majority union of the company in France does not quickly agree to accept lower wages
. The Minister of the Economy and the Minister of Labor both denounced a blackmail
. Bruno Le Maire added, however, that it is desirable that there are long-term company agreements that keep jobs
.
Does the company have the right to lower wages?
Salary is an essential element of the employment contract. The employer cannot therefore touch it without the agreement of the employee, except in the event of economic difficulties (for example a drop in turnover during two consecutive quarters compared to the same period of the previous year, in the companies with 11 to 49 employees). If the employee refuses to lower his salary, he may be dismissed for economic reasons. This means, depending on the size of his business, that he will be entitled, for example, to Professional security contract (CSP). The latter makes it possible to receive unemployment benefits much larger than the Return to Work Allowance.
What is a collective performance agreement?
A company or group agreement can also be imposed on the employee. From Macron prescriptions
In 2017, the collective performance agreement scheme followed on from job retention agreements and job preservation or development agreements. More flexible, it can be concluded in order to meet the needs related to the operation of the business or in order to preserve or develop employment
.
The grounds for appeal are broad and there is no need to justify economic hardship. Likewise, nothing explicitly says that the employer is obliged to commit to job preservation or a return to normalcy once the difficulties have passed. All this is left to negotiation and then to arbitration by the judge if an employee disputes his dismissal.
These agreements can adjust working hours, conditions of professional or geographic mobility, but also reduce remuneration. They can be fixed or indefinite.
What consequences for the employee?
The changes validated by the agreement replace the employment contract. If the employee objects, he may be dismissed. But beware, it will not be for an economic reason. Unemployed, the former employee will not be able to benefit from the CSP and its advantages. He will have to make do with an employer contribution (at least € 3,000) to the Personal Training Account.
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