GEPP negotiation: legal obligations, scope and frequency
Updated
GEPP negotiation is mandatory in companies and groups of at least three hundred employees, as well as in community-scale companies with at least one establishment of one hundred fifty employees in France. It covers in particular the establishment of an employment and career path management system, associated support measures, and the three-year guidelines for professional training. The framework is set out in articles L2242-20 and following of the labor code. The frequency may be adapted by agreement, within the limits set by law.
Who is concerned
The threshold is three hundred employees, assessed at the company or group level. Community-scale companies with at least one establishment or company of at least one hundred fifty employees in France are also concerned.
Below these thresholds, the obligation to negotiate does not apply. This does not mean the approach is without value: a company of one hundred employees facing technological transformation needs to anticipate its skills as much as a company of one thousand. It will simply do so outside a mandatory framework.
What the negotiation covers
The labor code defines the content. The negotiation covers in particular the establishment of a GEPP system and associated support measures, training, top-ups to the personal training account, validation of prior learning, professional and geographical mobility. It also covers the three-year guidelines for professional training in the company and the objectives of the skills development plan.
Other topics may be attached depending on the situation, including mobility conditions, the career progression of employees holding union responsibilities, or the use of different employment contracts.
Frequency
The principle is periodic negotiation. A company agreement may adapt this frequency within the limits set by the labor code, with a maximum duration of four years. In the absence of an agreement on frequency, the default rule applies.
This possibility of adaptation, opened by the 2017 ordinances, provides flexibility to companies, provided it does not space out negotiation until it loses its forward-planning function.
Negotiating does not mean concluding
The obligation concerns negotiation, not the conclusion of an agreement. A company that has negotiated in good faith without reaching an agreement has fulfilled its obligation, provided it produces a minutes of disagreement and respects the rules of good faith negotiation.
In practice, the absence of an agreement weakens the approach. An agreement provides a framework, commitments and visibility that disagreement does not.
The role of the CSE
The social and economic committee is consulted on the company's strategic orientations and their consequences on employment and skills. This consultation is distinct from GEPP negotiation but articulates with it. Elected representatives have a right to information and may use expertise under the conditions provided by the labor code.
FAQ
Are we concerned below three hundred employees? The obligation to negotiate does not apply, but nothing prohibits or discourages a voluntary approach, which is often useful.
Is the frequency negotiable? Yes, within the limits set by the labor code, by company agreement.
Must we necessarily conclude an agreement? No. The obligation concerns good-faith negotiation, not its outcome. A minutes of disagreement must then be produced.
How does this articulate with CSE consultation? The consultation on strategic orientations and their consequences on employment is distinct from negotiation, but the two feed each other.
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