A truth telling company was issuing pay slips for its employees with the indication that no collective bargaining agreement applied.
The employees went to court claiming that the “Telecommunication” collective bargaining agreement applied.
The consequence was that the minimum wage rate would have been the one from the collective agreement and not the legal minimum wage (SMIC).
The employees’ claims were supported by the fact that they were working with telecommunication technologies (the phone) and that the company had no other activity that truth telling on the phone.
However, it was written on the pay slips that “no collective bargaining agreement applies”.
There for the cassation court dismiss the employees’ claim.
“no collective bargaining agreement apply” written on the pay slip is binding.
The lesson of this judgement is to be very careful of what collective bargaining agreement is written on the pay slip. Whatever is written may be binding for the employer.
Find out more on the collective bargaining agreements in our database accessible on our site for registered members.
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