Legal provision:
i. Initiated by social partners
With respect to the extension of a collective convention or agreement, under article L2261-20. At the request of one of the representative organisations of employers or workers, or on its own initiative, the competent authority may convene a joint committee.
When two of these organisations so request, the competent authority is to convene the joint committee.
Following the drafting of an agreement by the joint committee, sectin L2261-15 provides: The provisions of a sector convention or an occupational or inter-occupational agreement, which fulfils the specific requirements set by subsection 2, may be made compulsory for all employees and employers within the scope of this convention or agreement, by order of the Minister of Labour, after a reasoned opinion of the National Commission for collective bargaining.
The extension of the effects of sanctions for the agreement is for the period and the conditions set by the agreement in question.
2261-17. In the case of absence or default of employee or employer organizations, resulting in the persistent impossibility of concluding a convention or agreement in a particular industry sector or territory, the Minister of Labour may, at the request of one of the representative organizations concerned or on their own initiative, unless there is a written objection by the majority of members of the National Commission for Collective Bargaining:
1. Make compulsory in the territorial area under consideration, a sector convention or agreement, which has already been extended in a different territorial area. The territorial area that is the object of the extension order must have similar economic conditions as the territory in which the extension occurred;
2. Make compulsory in the professional sector under consideration, a occupational convention or agreement, which has already extended in to a different professional sector. The professional sector that is the object of the extension order must have similar conditions as the professional sector in which the extension has already occurred, with respect to the jobs ;
3. Request enlargement to one or more branches of activity not included in the scope of an extended industry agreement;
4. Mandate subsequent amendments or additions to enlargement when the expansion of an agreement was enacted pursuant to the preceding paragraphs.
ii. Initiated by the Minister of Labour
With respect to the extension of a collective convention or agreement, under article L2261-20. At the request of one of the representative organisations of employers or workers, or on its own initiative, the competent authority may convene a joint committee.
When two of these organisations so request, the competent authority is to convene the joint committee.
According to article 2261-17, in the case of absence or default of employee or employer organizations, resulting in the persistent impossibility of concluding a convention or agreement in a particular industry sector or territory, the Minister of Labour may, at the request of one of the representative organizations concerned or on their own initiative, unless there is a written objection by the majority of members of the National Commission for Collective Bargaining:
1. Make compulsory in the territorial area under consideration, a sector convention or agreement, which has already been extended in a different territorial area. The territorial area that is the object of the extension order must have similar economic conditions as the territory in which the extension occurred;
2. Make compulsory in the professional sector under consideration, a occupational convention or agreement, which has already extended in to a different professional sector. The professional sector that is the object of the extension order must have similar conditions as the professional sector in which the extension has already occurred, with respect to the jobs ;
3. Request enlargement to one or more branches of activity not included in the scope of an extended industry agreement;
4. Mandate subsequent amendments or additions to enlargement when the expansion of an agreement was enacted pursuant to the preceding paragraphs.
• Code du travail. (Art. 2261-15; 2261-17; 2261-20; 2261)
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