January 1, 2024, not only marked a change of calendar for wholesale employees: it also reshuffled the minimum wage cards. The mandatory annual negotiations resulted in revised amounts, requiring all companies in the sector to update their pay scales. However, some employers continue to apply company agreements that are less favorable than the industry convention. Is this a calculated risk? Not really: in the event of an inspection, it is the penalty that falls.
Who is covered by the wholesale collective agreement and which sectors are affected in 2024?
The wholesale collective agreement governs a broad universe, organized around IDCC 0573 and Brochure 3044. It covers all companies whose main activity is wholesale trade: raw materials, consumer goods, equipment, intermediate products… The rule applies to companies referenced by a corresponding NAF or APE code, whether they operate in food or non-food sectors.
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Several types of players fall under this text. Here are the ones:
- wholesale food businesses, with or without specialization in fresh products,
- distributors of electrical equipment, industrial equipment, or supplies intended for professionals,
- companies specializing in wholesale trade of textiles, chemicals, or construction materials,
- companies operating in the segment of non-specialized wholesale trade.
The scope of application does not stop at size or status. Regardless of the legal form or workforce volume, any structure whose main activity corresponds to the list falls within the scope. Through the wholesale collective agreement, harmonized rules are imposed: employment conditions, classification, social dialogue. For more in-depth information, the resource Zoom on the wholesale collective agreement, Perceptum offers a comprehensive overview.
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Essential rules: working time, leave, minimum wages, and employment conditions
The foundation of the wholesale collective agreement is based on the organization of working time and the management of schedules. The standard week remains at 35 hours, but adjustments are provided to meet specific needs: inventory periods, seasonal influx… Overtime is regulated by company agreements and revalued according to the increases set by the collective scale.
Regarding leave, the text goes beyond the legal minimum. Additional days may be granted for seniority, certain family events, or for maternity and adoption, sometimes under conditions more favorable than general law. Employees also have exceptional leave in particular situations: marriage, death, relocation, everything is specified in black and white in the agreement.
In terms of remuneration, the scale distinguishes each hierarchical level. Supervisors, executives, non-executives: each benefits from their hourly rate and their gross salary base. In addition, bonuses may be added, particularly for seniority, attendance, or related to working conditions, if company practices or specific agreements provide for it.
Social protection holds a central place. The wholesale collective agreement mandates the subscription to a company mutual and a collective insurance scheme. These provisions cover health expenses, hospitalization, work accidents, or maternity. The terms of termination of the employment contract, portability of rights, and conditions for retirement are also regulated, taking into account the sector’s specificities while aligning with labor law.
What recent developments are changing the rights and obligations of employees and employers in the sector?
Since 2023, the national collective agreement for wholesale trade has evolved to adapt to the economic and social reality of the sector. Among the new features, collective insurance has seen its portability rules expanded, in accordance with the Evin law. Now, executives and non-executives retain their coverage, under certain conditions, even after the end of a fixed-term contract or a dismissal, providing additional security in case of unforeseen events.
The insurance scheme, negotiated with social partners and validated by collective agreement, includes new components: enhanced compensation in case of death or incapacity, clarifications on maintaining the company mutual for beneficiaries. All these guarantees benefit employees of companies covered by IDCC 0573 (Brochure 3044), thus encompassing the entire wholesale trade.
Another significant change: the termination of the employment contract now requires enhanced information to be provided to the employee. It is impossible for the employer to unilaterally adjust certain collective provisions: only the agreement signed with employee representatives prevails, reaffirming the importance of social dialogue. To stay updated, employers and employees must consult the latest amendments and circulars. Aligning with these rules is no longer an option but a necessity to avoid unpleasant surprises during an inspection.
Thus, 2024 opens with a changing conventional landscape. Rights are evolving, and obligations too. It remains for each company to transform these lines of text into concrete practices, at the risk of facing the reality of an inspection or a dispute. In this sector, the balance between flexibility and collective security is now played out with every paycheck signature.