Do you sell bread, pastries, and baked goods? Do you employ artisans such as bakers and bakers, as well as salespeople and general workers? So, it is obvious that your business is covered by the collective agreement in bakery and pastry. This text, the result of an agreement between employers and unions, adjusts labor laws to better match the particularities of your industry. To find out everything about salaries, schedules, training, as well as health and benefits for your employees, and to ensure the management of your business in full compliance, we invite you to consult our guide.
There are two types of bakery, each with its own convention.
According to the collective agreement, artisan bakeries are companies whose core activity is the manufacture and sale directly to the end consumer of products such as bread, pastries, and pastry.To be concerned by this agreement, these companies must operate one or more points of sale that fill at least two of the following conditions:
These criteria specifically include businesses classified under the NAF 158C code, encompassing bakeries, bakeries and pastry shops, as well as the points of sale affiliated with them. In this case, French law considers you to be a Artisanal bakery and the applicable convention isIDCC 0843.
For the industrial bakeries, it is the convention of July 13, 1993, updated on October 11, 2011 (IDCC 1747), which applies. These documents also cover retail outlets directly associated with a bakery.Employers engaged in the production, processing, or sale of baked goods, pastries, and pastries are covered by these directives.These activities are considered industrial because of the following specificities:
Retail chains operating in the manufacture and sale of fresh pastry and finished bakery/pastry products also fall into this category.Finally, in both cases, the agreements deal with many topics such as working time, trial period, dismissal, bonuses, holidays etc.
In the bakery sector, the confirmation of the hiring of an employee is made at the end of the trial period. It is imperative for the employer to formalize in writing, by means of a letter of commitment or an employment contract, the following crucial elements:
Regarding the duration of this trial period, it has separate legal maximum limits depending on the status of the employee:
Although the employment contract or collective agreement may determine shorter periods, a trial period for a permanent contract (CDI) can only be extended through a collective branch agreement established before the legislation of 25 June 2008.
Interesting to know : according to the collective agreement in the bakery and pastry sector, if an employer decides to end the contract during the trial period after the employee has worked for at least 5 days, the employee is entitled to a Paid vacation pay, identical to what a temporary employee could get.
As for the renewal of the trial period, this is exclusively possible for positions of frameworks. In addition, it cannot exceed a maximum duration of 4 months.Although not systematic, it is imperative to mention this possibility of renewal explicitly in the employment contract. In addition, it requires a written agreement between the employee and the employer before the end of the first trial period.
The collective agreement applicable to the bakery and pastry sector stipulates legal working hours Of 35 hours per week. This period is extendable up to 46 hours over a period of 12 weeks, without exceeding 10 hours per day. Note that in an industrial bakery, the minimum duration of a working day may not be less than 3 consecutive hours. In addition, after a 2-3 hour lunch break, the hours worked are increased by 10%. According to article L3121-16 of the Labor Code, a 20-minute break is required after 6 hours of uninterrupted work. However, the sector may provide for specific regulations.
The collective agreement specific to the bakery and pastry sector, identified by IDCC 0843, does not set out unified guidelines regarding the granting of weekly rest days. Nevertheless, depending on the locality or region, local agreements may be established.For example : Sunday rest is respected in Loire-Atlantique, while in Île-de-France, a weekly rest day is guaranteed. In Lot-et-Garonne, this break can fall either on Sunday or on Monday. Bakery employees in Calvados, for their part, enjoy a continuous rest of at least 36 hours every week.It is important to remember that, according to Article L3132 of the Labor Code, employees in the bakery sector must not work 6 consecutive days, with a mandatory rest of at least 24 consecutive hours.
Working overtime is a common thing in bakery and pastry, especially during busy periods such as the end of the year or around holidays. However, there is a framework to be respected concerning these overtime hours. Indeed, with regard to the remuneration of these hours, the agreement aligns its rules with national legislation (article L3121-36 of the Labour Code):
The employer can choose between paying for these overtime hours or providing compensatory rest. For example, an hour paid at 50% is equivalent to a compensatory rest of 1 hour and 30 minutes. A tool such as an Excel table can make it easier to calculate overtime.
Part-time workers are limited to a maximum of 10 hours per day, with a continuous minimum of 2 hours.In artisan bakeries, part-time contracts that provide for at least 18 hours of work per week must include a break of up to 5 hours per working day.Employees may work overtime up to a third of their normal working hours. For the first 10% of these overtime hours, they receive a 10% bonus on their regular salary. If they work beyond that 10% and up to a third of normal hours, the bonus increases to 25%.
First of all, what is a night worker according to the CCN of artisanal bakery and pastry? These are employees who:
They receive a 25% wage increase for each hour of night worked. Be careful, however, that the night work limit is set at 40 hours per week. They can also claim compensatory rest days depending on the volume of night hours worked annually. As a result, this rest increases to 2 days for a total of more than 600 hours per year. Finally, these employees must also have access to reinforced medical surveillance.
Although Sunday work is generally prohibited, bakeries, as food retail businesses, have an exemption that allows them to operate on Sunday morning, until 1 p.m. If an employee works on Sundays, for every hour worked, he receives:
Some local agreements may offer different increases for Sunday work.
The national collective agreement (CCN) for the bakery and pastry industry establishes the annual leave entitlements in accordance with current legislation. What does that mean:
The calculation of annual leave pay is based on 9.03% of the total gross wages paid between the return to work in the previous year and the start of vacation in the current year.
Private businesses must close the May 1st. For other public holidays, employees can work, provided they receive double remuneration. If no work is scheduled during these days, the salary should not be reduced. In addition, if a holiday falls during a period of paid vacation, this period must be extended by one day.
The CCN de la Boulangerie-Pâtisserie offers specific holidays for various family events, with durations sometimes different from those provided for by the Labor Code:
If these events occur more than 300 km from the employee's home, the employee can ask An additional day. There are two exceptions to this rule: marriages and PACS. These absences are granted without a reduction in salary and without any seniority condition.
The collective agreement in the bakery and pastry sector introduces two specific types of bonuses : the seniority bonus and the so-called “white cabbage” allowance.
In this sector of activity, employees benefit from a End of year bonus after completing one year of service in the company.Is the end-of-year bakery bonus mandatory?The end-of-year bonus is in fact obligatory as part of the Artisanal bakery. This obligation derives from an agreement concluded between trade unions and employers in the artisanal bakery and pastry sector, enshrined in the IDCC 0842 National Collective Agreement. Thus, employers in artisanal bakeries must pay this bonus to their eligible employees. The calculation of this bonus is based on a percentage of the annual gross salary paid to the employee from January 1 to December 31, fixed at 3.84%. The payment of this bonus must be made before January 15 of the following year.In the case of industrial bakeries, the agreement states that a thirteenth month must be granted to any employee with a seniority of at least 5 years. While a half-thirteenth month is due to employees with between three and five years of service.
This compensation applies in cases where an employee is cancelled at the last moment, i.e. when he had to start his work according to his scheduled schedule. The employee concerned is entitled to an allowance corresponding to 8 hours of work, calculated on the basis of the national minimum professional hourly wage. This compensation, specific to the collective agreement of the Artisanal bakery, is commonly referred to as the “white cabbage” benefit.
During sick leave, employees benefit, under certain conditions, from maintaining their salary as well as their position.
An employee with at least 1 year of seniority is entitled to a salary maintenance corresponding to 90% of the gross average salary for the three months preceding the stoppage, excluding annual and exceptional bonuses. This sum is calculated after deduction of gross daily social security benefits and any benefits from a pension plan. However, the total remuneration received by the employee during his stoppage may not exceed 100% of his usual net. compensation period maximum is limited to 180 days per calendar year, and applies as follows:
Note that for occupational diseases, work accidents or travel accidents, there is no request to meet a seniority condition.
For employees who have accumulated at least 2 years of seniority and are able to return to their position without incapacity, the employer is prohibited from making a dismissal for a period of six months.
In the bakery sector, the calculation of the severance pay takes into account two elements:
National collective agreements (NCCs) for the bakery and pastry industries provide specifications.As for Advance notice in case of dismissal or resignation:
Concerning the frameworks, the conditions vary slightly:
It is good to know that, in the event of dismissal, the employee benefits from 2 paid hours per week to search for a new job. However, this measure is not applicable in the case of a contractual break in the bakery. With regard to redundancy benefits, except in the case of serious or gross negligence, they are defined as follows:
The calculation of the compensation must always benefit the employee. It is based either on the average monthly salary for the last 12 months preceding the end of the contract, or on the salary for the last 3 months. Note that annual and special bonuses count in calculating the compensation, but only for a portion that corresponds to the period worked.
According to article L4131-1 of the Labor Code, an employee must inform his employer as soon as he notices a work situation that represents a serious and immediate danger to his life or health. From this point on, the employee has the right to remove himself from this dangerous situation without having to fear negative repercussions from his employer. This means that the employer cannot require the employee to return to work as long as the danger persists, thus establishing the right of withdrawal for the employee. The national collective agreement (CCN) of the bakery and pastry industry does not specify additional or different measures concerning this right of withdrawal. In practice, this means that the standard rules and protections set out in the Labor Code apply directly to employees in the bakery and pastry sector, allowing them to make use of their right of withdrawal under conditions that seriously threaten their safety or health.
The national collective agreement (CCN) is the result of negotiations between employer and employee representatives. It aims to adapt general labour rules to the specific cases of a sector. This written document, enriched by annexes and additional agreements, is freely accessible to employees at their workplace. It covers various topics such as:
The conditions it offers may be more advantageous than those of ordinary law, such as higher redundancy benefits, reduced working hours or additional vacation days. The CCN takes precedence over legislation, except when it is less advantageous or in contradiction with mandatory rules.
To note : although most agreements are national in scope, their application may be limited to a specific geographical or professional sector, depending on the agreement between the parties. The employer must apply the agreement related to the main activity of his company. To identify yours, you can refer to the APE or NAF code provided by INSEE. However, if this code corresponds to several conventions, it is necessary to check their scope of application.
