#TSST2420826AOrder of July 24, 2024 Extending an Agreement on the Merger of Professional Branches
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This law mandates the application of a collective agreement regarding the merger of professional branches in France. It specifies the exclusions and conditions under which certain terms of the agreement are extended or not extended for various associations related to fishing and aquatic protection. Additionally, it ensures that any extensions comply with existing labor laws to avoid contradictions with other collective agreements.
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Key Changes
- Mandatory application of the collective agreement for specified employers and employees.
- Exclusions specified which contradict labor law provisions.
- Conditions for agreement extension align with existing labor regulations.
Obligations
What this law requires
All employers and employees within the scope of the February 9, 2023 collective inter-branch agreement for merger of professional branches (ÉCLAT, Familles Rurales, and Fishing and Aquatic Protection Associations) must apply the stipulations of this collective agreement.
Exclude from extension the terms 'affiliated with the Familles Rurales movement' and the list of fishing organizations (SNSAPL, FNPF, departmental federations, reciprocity groups, migrator associations, regional associations, basin unions, and Fishermen's Foundation) as these contravene article L. 2261-2 of the French Labor Code regarding membership mechanisms for determining applicable collective agreements.
Apply other stipulations of Article 3.1, paragraph 5 of the agreement only in compliance with articles L. 2222-1 and L. 2261-2 of the French Labor Code, whereby the applicable collective agreement is determined by the principal economic activity of the structure.
Exclude from extension the terms 'Activities and professions exercised by associative structures as referenced in paragraph 2' from Article 3.1, paragraph 20, as this contravenes combined provisions of articles L. 2222-1, L. 2261-2, L. 2261-23, L. 2261-15, and L. 2261-25 of the French Labor Code.
Before extending the collective agreement, verify whether the professional field defined by economic activities is not already covered by another extended collective agreement or convention within the same professional and territorial scope.