Collective agreements: guaranteed annual remuneration and two coefficients
An employee, nurse in a private clinic, had seized the prud'hommes of requests for back pay under the guaranteed annual remuneration provided for by the applicable collective agreement. This was the collective agreement for private hospitalization of April 18, 2002 which provides:
on the one hand, the conventional minimum wage relating to each job is fixed by the grids appearing under the title “Classification”; it is calculated on the basis of the value of the point applied to the coefficients of the classification grids (art. 73); on the other hand, a guaranteed annual remuneration is established which corresponds for each employment coefficient to a conventional annual salary which cannot be less than the annual accumulation of the gross conventional monthly remunerations and increased by a percentage whose rate (…. ) is revisable annually (art. 74).
In this case, the employee had been assigned a coefficient by the clinic, increased in relation to that to which she was subject under the collective agreement. She felt that, to calculate her guaranteed annual remuneration, the employer should have based herself on this coefficient which had been attributed to her by the clinic and…
