© - ATH all rights reserved - Edition 2024 9 2024 EMPLOYER’S GUIDE THE CONTENT The collective agreement adapts the provisions of the Employment Code to the specific circumstances of the relevant business sector. It generally includes provisions relating to : • C lassifications, probation periods, notice, severance pay, etc., • Working hours : organisation, overtime, fixed working day agreements, part-time work, • Compensation : minimum salaries, length-of-service bonuses, 13th month, holiday bonus…, • Leave : paid holidays, sick leave, maternity leave, workplace accident, family events…, • Retirement and employee benefits... In principle, the collective agreement includes more favourable measures than the applicable law. However, it can deviate from certain legal provisions in a way that is unfavourable to employees when said provisions allow this. Similarly, in certain sectors, a company agreement can deviate from a sector agreement, even if this is less favourable for employees. Conversely, clauses of the employment contract that are less favourable than the collective agreement are inapplicable. Ask us, the provisions of the collective agreement must always be compared with those of the Employment Code to check which ones are applicable. An employee can claim damages for failure to apply a provision of the Collective Agreement. NOTIFICATION OF EMPLOYEES In the month following their recruitment, employees are informed of the collective agreements applicable in the company. The payslip must indicate the collective agreement applied. The employer must ensure there is an up-to-date copy of the applicable collective agreement available to staff at their workplace. A notice indicating the applicable collective agreement, where it is kept and how it can be viewed by employees while working for the company must be sent to employees by all available means. Companies with an intranet system must put an up-to-date copy of the collective agreement on this system. A copy of the applicable collective agreement must be provided to trade union delegates and the social and economic committee. If employees are not notified of the applicable collective agreement, the company is liable for a category 4 fine (amount on page 85) and the employer cannot invoke the agreement against the employee.
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