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The companies covered by agreements to prevent arduous work are private companies, public industrial and commercial establishments (EPICs) and public administrative establishments employing staff under private law:
- with at least 50 employees,
- AND for which a proportion of employees are exposed to hardship factors in excess of the exposure thresholds.
The minimum proportion of employees exposed to risk factors above the exposure thresholds is currently 50% of the workforce. This proportion will be lowered to 25% as of January 1, 2018.
What must agreements on the prevention of hardship contain?
Company (or group) agreements must cover :
- 1° At least two of the following themes:
- The reduction of multiple exposures to the factors mentioned in article D. 4161-2, beyond the thresholds set in the same article;
- Adapting and adapting workstations ;
- Reducing exposure to the occupational risk factors mentioned in article D. 4161-2 ;
- 1° At least two of the following themes:
- 2° In addition, at least two of the following topics:
- Improving working conditions, particularly in terms of organization;
- Developing skills and qualifications ;
- End-of-career planning ;
- Continued employment of employees exposed to the factors mentioned in article D. 4161-2.
Each theme covered by agreements on the prevention of arduous working conditions is accompanied by quantified objectives, the achievement of which is measured by means of indicators. These indicators are communicated, at least annually, to the members of the CHSCT or, failing that, to the employee delegates.
In addition, from January 1, 2018, agreements must include measures to enable holders of a personal account for the prevention of arduous work to allocate the points in it to measures to reduce working hours or promote vocational training.
How long should they last?
Company (or group) agreements are concluded for a maximum period of three years.
What if the partners don't reach an agreement on the prevention of arduous working conditions?
There are 3 solutions: action plan, industry agreement or penalty...
In the event of failure to draw up an agreement, the employer is liable to a formal notice and a penalty of up to 1% of the remuneration of the workers concerned over the period in question.
Companies are not subject to the penalty if, in the absence of a company or group agreement, they have drawn up a company or group action plan for the prevention of arduous working conditions, after consulting the works council or, failing that, the employee representatives.
The requirements in terms of content and duration of the action plan are the same as for the agreement (minimum number of topics covered, maximum duration of 3 years, etc.).
In addition, companies with between 50 and 300 employees can "link up" to a branch agreement to meet their obligation, and thus avoid being penalized.
What if the company already has an agreement or action plan in place?
Agreements and action plans existing on January 1, 2015 remain valid until their expiry date.
Changes to the "pénibilité" system
An instruction published on March 13 provides details on the conditions for implementing the approach to preventing arduous work for 2015.