Does an association that employs an employee have to apply a collective agreement?

An association must apply a collective agreement when it has been made mandatory by ministerial order and corresponds to its activity.

We are then talking about extended collective agreement : it applies to all structures in the sector concerned, even if they have not signed it.

An association is concerned if its activity falls within the scope of the Convention and the Convention has been extended by ministerial decree. In this case, application is mandatory.

If no extended collective agreement corresponds to its activity, the leaders of the association have no obligation to apply one.

They may:

• not to apply a collective agreement
• or apply one voluntarily

In this case, they may decide to apply it in full or in part, or only to certain categories of employees.

The rules chosen must be respected, especially when they are included in employment contracts.

The managers of the association must inform each employee of the applicable collective agreement.

This information is indicated in the employment contract, and on the pay slip

At the time of hiring, an information notice is given to the employee. Conventional texts must remain accessible in the workplace or electronically.

If an association does not apply the collective agreement that is binding on it, the employee may labor court council.

The association may then be ordered to:

• pay reminders,
• granting retroactive benefits (classification, bonuses, leave, etc.),
• regularize the situation for the employees concerned.