Obligations and incentives on Collective Bargaining (Policy Brief 240 - September 2011)
Since 2005, nearly a dozen legal provisions were created to bring business and professional sectors to negotiate on multiple issues (management of jobs and skills, profit sharing, hardship or professional equality, etc.. ).
Obligations and incentives on Collective Bargaining (Policy Brief 240 - September 2011)
These measures, designed to develop the place of treaty law, may take the form of either a legal obligation to engage in collective bargaining (at the industry level and firms) or financial incentives (exemptions from charge, penalties ) associated with the conclusion of collective agreements. They can also be distinguished according to their vocation is rather procedural (promoting the development of collective bargaining and its players) or instrumental (enable rapid implementation of a specific public policy objective).
Obligations and incentives to negotiate demonstrate specificity of the French system, namely the recurrent involvement of state in the activation of social dialogue, but also changing patterns of public action. Examination of several devices made since 1982 is ambiguous: if a quantitative effect is visible in terms of agreements or negotiations, the qualitative impact on the actual practices of negotiation and the scope of the conventional control is more uncertain . Strengthening the effectiveness of these devices and, more generally, improving the social dialogue may need to rationalize the use of these devices, but also to strengthen the capacity to negotiate the different actors.
Contents:
- Obligation and incitement to collective bargaining: Definition and History
- Mechanisms within the context insitutionnel French
- What assessment obligations and incentives to negotiate?
- Author: Antoine Naboulet , Department Labour-Employment
Press Contact
Jean-Michel Roullé , Head of Communications
Phone: +33 (0) 1 42 75 61 37 - jean-michel.roulle@strategie.gouv.fr