Agreement of method

Provision of law the labor French, this term indicates the faculty, offered to managements and labor, to define by way of agreement a certain number of provisions, if necessary derogatory, in the event of project of collective redundancy of 10 paid at least by a company which employs at least 50 of them.

Founded on an experimental basis by the Law Fillon of January 2003, the agreement of method was perennialized by the social cohesion law of the January 18th 2005 and was integrated into the Labor regulation under the L320-3 article.

This L320-3 article of the Labor regulation provides that company agreements, of group or of branch can fix, notwithstanding the provisions of the book III and book IV, the methods of information and consultation of the applicable work's council when the employer projects to pronounce the Licenciement economic from at least ten paid over the same a thirty days period. These agreements can fix the conditions under which the work's council is joined together and informed of the economic situation and financial of the company, and can formulate alternative propositions with the economic project at the origin of a Restructuration affecting employment and obtain a justified response of the employer to his proposals. They can organize the implementation of actions of geographical professional mobility and within the company and of the group. They can also determine the conditions under which the establishment of the Protection plan of employment is the agreement object, and anticipate the contents of this one.

The agreement of method, like all Company agreement, must receive the signature of one or more Syndicat S having collected the majority of the votes to the first turn of the elections of the Work's council. Failing this, it is exposed to the right of opposition of the majority ones. Relating to the prerogatives of the Work's council, it must be subjected to its preliminary consultation. However, the defect of consultation does not lead to the invalidation of the agreement of method. Insofar as the agreement of method makes it possible to derogate from certain provisions of the Labor regulation, it opens a first possibility of inversion of the Hiérarchie of the standards.

A certain number of employers saw the possibility there of organizing the procedures of information and consultation of the Work's council in order to eliminate the legal risks at the time of a redevelopment project. However, the majority of the employers consider that the procedure defined by the law offers a sufficient guarantee and, currently, agreements of method are concluded only for one small minority of the procedures (probably less than 20%). It seems in addition that in at least half of the cases, the proposal for a negotiation of an agreement of method emanates from the staff representatives.

The analysis of the agreements published reveals three main categories of agreements:

  • Of the agreements for the only benefit of the employer: they are agreements which comprise like principal provision an engagement of the signatories on a calendar of the procedure and whose object is to make safe the date from which the dismissals could be marked.
  • Of the agreements of reciprocal security: they are agreements which carry out an engagement on the calendar of the procedure in exchange of social measures defined in the agreement. Generally of nature indemnitees, they will be able to also relate to anticipated retirements or a device of sophisticated reclassification.
  • Of the agreements of procedure: they are agreements which attempt to define the various stages of the procedure and the conditions of passage of a stage in another (handing-over of a list of information preliminary to the opening of the procedure, mediation or arbitration in the event of dissension on the economic project, agreement on the protection plan of employment…)

The first category of agreements like, sometimes, the second, will be able to include/understand provisions which restrict the means available to the staff representatives according to the law (renouncement of any contentious action or the recourse to an chartered accountant of the EC, restriction of the perimeter of information, reduction of the number of the meetings…).
The last category of agreements like, more rarely, the second, will be able to include/understand means for the staff representatives which surplus those which are envisaged by the law (installation of commissions of work equipped with a budget, recourse to the expert as of the opening of the procedure deliver IV, more meetings, etc).

Studies

The agreements of method Analyzes of eight agreements in the review of ANGERS

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