#TEMT2425022AExtension of the National Collective Agreement in Construction and Materials Industries
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This law mandates the extension of national collective agreements in the construction and materials industries to all employers and employees covered by the agreement. It also stipulates that certain clauses must comply with established labor laws concerning wage equality and paid leave entitlements following work-related injuries or illnesses. The law emphasizes the conditions for compliance with various relevant articles of the labor code.
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Key Changes
- Mandatory extension of the national collective agreement to all employers and employees in construction and materials industries.
- Specific clauses excluded from extension if they violate existing labor laws.
- Conditions for compliance with various articles of the labor code outlined for the extension.
Obligations
What this law requires
All employers and employees in the construction and materials industries must comply with the stipulations of the national collective agreement (convention collective nationale) as modified by the corrective amendment of February 15, 2024.
Employers must ensure wage equality between women and men is addressed through either: (a) a methodology agreement under article L. 2241-5 of the labor code including diagnosis of wage gaps and qualitative assessment of gender equality; or (b) if no such agreement exists, compliance with article D. 2241-2 of the labor code.
Exclude the term 'au niveau national' (at the national level) from article 4.7 of the collective agreement as it contradicts Law No. 2008-789 of August 20, 2008 regarding union representativity levels.
Maintain wage payments for work-related accidents or illnesses in compliance with articles L. 1226-1, D. 1226-1, and D. 1226-2 of the labor code, with amount and duration conditioned on employee seniority.
Exclude the term '(dans la limite d'un an)' (limited to one year) from article 18.1 of the collective agreement. Treat periods of work suspension due to work-related accidents or occupational illnesses as effective work periods for calculating paid leave entitlements per article L. 3141-5(5) of the labor code.