These new collective agreements replace provisions, for some of them, dating from 1990 and make it possible to offer construction companies a common base of revised rules. They provide businesses with legal security and fair social competition across the country, while enhancing the attractiveness of the sector with the aim of maintaining employment and attracting skilled employees in the building trades.
“CAPEB is proud to have been able to conduct such negotiations with the social partners. It was more than necessary to revise provisions which, let us remember, dated, for some of them, from more than 30 years ago! This negotiation was also an opportunity for CAPEB to put into practice its vision of a modern social dialogue, co-constructed with all the social partners who share this same vision. These 2 collective agreements bring more simplicity and efficiency for companies, which, ultimately depending on whether they employ more or up to 10 employees, will have only one agreement at their disposal. These agreements, which meet the current needs of employers and employees, contribute, through their social advances, to strengthening the attractiveness of the building trades and will allow VSEs to occupy their rightful place in today's economy. "
Jean-Christophe Repon, President of CAPEB
A wind of modernity in social dialogue
While disputes between the social partners had led to the suspension of the collective agreements of March 7, 2018, those of 1990 for workers, of 2004 for managers, of 2006 for ETAMs, therefore still apply. The conclusion of these two national collective agreements therefore makes it possible to review and adapt the existing provisions to the current expectations and needs of employers and employees, to clarify the provisions of current collective agreements which could be sources of daily interpretation and define, for each of the two workforce thresholds, all the provisions applicable to the three categories of employees who can be employed in construction companies.
This negotiation was an opportunity for CAPEB to concretely translate its desire to adapt the contractual provisions to the typology of construction companies, and in particular to the 95% of them which are companies employing up to 10 employees. Because a company with 5 employees does not function like a large company with 500 employees, it was essential to take this into account. The implementation of a single national collective agreement would have amounted to denying the specificities of our sector and to weakening the defense of the interests of the VSE.
The main provisions of the new collective agreements
The main changes concern, for the 2 workforce thresholds:
- The increase in the annual quota of overtime (220 hours per year replacing the 180 hours or 145 hours);
- The implementation of non-accumulation, for non-sedentary workers, of the travel allowance and the payment of the journey in working time;
- The fixing of the amount of redundancy indemnities according to the legal provisions for ETAM workers and executives;
- The elimination in the calculation of seniority of periods of non-occupational illness;
- 100% payment for exceptional night work;
- The elimination of waiting days for only employees with one year of seniority in the company and only for the first sick leave over 1 rolling months;
- Extension of the length of absence for certain days for family events
For companies with up to 10 employees, certain specificities have been introduced such as:
- The possibility of renewing the trial period for workers;
- The extension of the notice period for workers who have resigned;
- A minimum duration for part-time administrative ETAMs (20 hours instead of 24 hours);
- The integration in one year of the increase in days for family events.
Pending extension by the Government
Before their effective application in the field, these two national collective agreements must still be subject to the extension procedure. They will not come into force for all construction companies until the 1st day of the month following the publication of the extension order in the official journal. In the meantime, the national collective agreements for workers of 8 October 1990, that of ETAMs of 12 July 2006 and managers of 1 June 2004 remain in force.
“CAPEB strongly hopes that these two national collective agreements, the result of modern social dialogue, will not be the object of opposition from certain social partners, which would lead to the construction sector being forced to immobility. "
Jean-Christophe Repon, President of CAPEB