The ruling handed down on 30 June under emergency procedures recalls the fundamental principles of the predominance of the collective agreement over the individual agreement and of the most advantageous agreement, even if this was not at issue in the case. At issue was Michelin's decision, following the refusal of a trade union organization to sign an amendment to a previous agreement providing for salary increases, to ask its employees, if they would voluntarily agree to postpone until May 2021 a salary increase scheduled for May 2020. For the court, employees cannot waive salary benefits stemming from a collective agreement.
The Michelin tyre company had reached an agreement on a salary policy some weeks prior to the health crisis, on 7 February 2020. The agreement had notably provided for individual budget increases for the various employee categories. Two months later, and this time within the context of the Covid-19 health crisis, Michelin proposed to these two trade unions that they agree on an amendment to the agreement modifying in particular these latest budget increase elements. One of the signatory trade u
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