It often happens that the employee wonders on which collective agreement it depends. Certain firms are forwarded to no collective agreement. In this case, the pay slip refers only to the provisions of the labor regulation. The employee will be thus forwarded to the legislative measures and lawful into force.
When the firm depends on an collective agreement, it must be made about it mention in the work contract and the pay slip. It is then rather frequent that this mention is erroneous and that so the employee does not find himself there more.
The Court of appeal considered that the mention of the Collective agreement on the pay slip “is worth reconnaissance of the implementation of the Convention to the firm”.
Thus, an employee can prevail himself of the Collective agreement mentioned on his pay slip to ask for the payment of various recalls of elements of remuneration based on this Collective agreement.
Contrary, an employee can prevail himself of the collective agreement to which the employer is fixed taking into consideration his principal activity, since this Convention is more favorable to him and while at the same time another collective agreement is indicated on its pay slip and its work contract.