The collective mutual agreed Termination (CMAT- Rupture conventionnelle collective), created by ordinance n ° 2017-1387 of September 22nd, 2017, constitutes a new mode of termination of the employment contract (contrat de travail). (C. trav, article L. 1237-17 to L. 1237-19-14 and D. 1237-4 and D. 123-7) (See our previous article: Collective Mutual Agreed Termination: the tax jackpot for employees! (Thanks Macron).
To implement a CMAT (Rupture Conventionnelle Collective), the employer must enter into a company agreement with its employee delegates. (C. trav. article L.1237-19 = first) (See our previous article: Collective Collective Break: how does it work?).
It is a collective agreement which must therefore fulfil the requirements applicable to any collective agreement and which have been modified by the various law reforms.
Any business, regardless of size, may consider implementing a CMAT (Rupture conventionnelle collective).
This article specifies how to set up a collective mutual agreed termination (Rupture conventionnelle collective) in companies employing less than 50 employees.
1) Companies with less than 11 employees
In companies with less than 11 employees, it is possible for the employer to implement CMAT (RCC) through a referendum organized directly with employees of the company. (C. trav. art L. 2232-21, C. trav. art L. 2232-22)
The Company can also present the employees with a draft of CMAT ((Rupture conventionnelle collective) agreement that has been drafted unilaterally.
To be adopted, this draft agreement must be ratified by a two-third majority of the employee of the company.
2) Companies employing between 11 to 20 employees without a Social and Economic Committee (CSE- Comité économique et social)
In companies employing between 11 and 20 employees and when there is no CSE, the collective agreement can be adopted either:
- by referendum by a majority of 2/3 of the employees;
- by agreement concluded with one or more employees with one or more representative union organizations at the level of the branch (or, failing that, at the national and inter-professional level) ratified by the majority (50% + 1) of employees. (C. trav. art L. 2232-23, C. trav.art L. 2232-23-1).
3) Companies employing 11 to 49 employees
In such companies, the RCC collective agreement can be adopted in two ways:
- Either the agreement is concluded with one or more employees with one or more representative union organizations at the level of the branch (or, failing that, at the national and inter-professional level) ratified by the majority (50% + 1) of the employees.
- Either the agreement is concluded with one or more members of the CSE ratified by the members of the CSE representing the majority of the votes cast during the last professional elections. (C. trav.art L. 2232-23-1)
As a conclusion, Companies with less than 50 employees are not excluded from the collective mutual agreed termination scheme (Rupture conventionnelle collective).
For a CMAT (Rupture conventionnelle collective) agreement template, see our previous article Collective Agreement Breakdown (CBR): A Collective Agreement draft for Businesses and Unions.
Frédéric CHHUM, Avocats à la Cour (Paris et Nantes)
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