Understand Appendix 7

Article 7 refers to article L1224-1 of the labor code: “ When a change occurs in the legal situation of the employer, in particular by succession, sale, merger, transformation of the fund, creation of a company of the company, all employment contracts in progress on the day of the modification subsist between the new employer and the company's staff »

This article protects the employee, by ensuring their employment and their remuneration. It maintains the continuity of the employment contract of employees attached to the market concerned by the transfer.

In the event of a change ofcleaning service provider by the client , the collective agreement of cleaning companies allows you to know the regulations

The collective agreement of cleaning companies allows you to become aware of a certain number of current regulations and determines in particular the change of cleaning service provider on a customer site.

Therefore, if a customer wants to change service provider, the employment of cleaning staff already working on the premises can be maintained thanks to Annex 7, which allows the new service provider to employ existing cleaning staff.

Annex 7 on cleaning, also known as the "Agreement of March 29, 1990", thus ensures the continuity of the staff's employment contract in the event change of service provider.

According to Annex 7, a cleaning company which takes over a maintenance contract for a construction site is therefore obliged to offer a permanent employment contract to the cleaning staff already working on the site before taking over the contract. The employee's gross salary and benefits must also be retained.

The conditions of Annex 7:

For Annex 7 to apply, several conditions must be fulfilled. First of all, the new cleaning company must make itself known to the outgoing company and inform the staff representatives of the award of a new contract. The new service provider must undertake to guarantee the employment of the staff assigned to the contract taken over if several conditions are met.
In particular, the employee must belong to the “workers” category of the national job classification and 30% of his total working time must be carried out for the outgoing company within the framework of the contract in question. He may also belong to class IV of supervisors and technicians and be employed only for the market in question. The cleaning agent referred to in Annex 7 must also hold a permanent contract and must not have been employed on the market for more than 6 months and absent for more than 4 months, nor hold a a fixed-term contract which has been concluded to replace an absent employee who meets the conditions of an employee holding a permanent contract. Therefore, staff members who meet these conditions will be offered a permanent contract by the new cleaning company, which will allow them to keep their job and the same working conditions despite the change of cleaning company.|| |434

La nouvelle cleaning company can decide to keep the same agents on site, but can also choose to appoint a new team. The former cleaners will then work elsewhere, as long as they can benefit from the same number of hours and the same time slot. The "outgoing" cleaning company may also choose to keep the records of certain cleaners and not pass them on to the incoming company, for example to allow them to work on other sites and thus keep them on permanent contracts in its workforce.

Cleaners who do not meet the conditions of Annex 7 may also have the option of retaining their position, especially if the client requests this from the new cleaning company, who may consider this option .

What role as a customer?

Customers who change cleaning companies simply pass the data from the old company to the new one, who can then contact the customer and make various adjustments relating to Annex 7 of the cleaning regulations. The client can also opt for a cleaner who does not meet the requirements of Schedule 7 so that she can continue working if the new company accepts her. The customer can also request a cleaning lady who is already on site at the time of their transfer. The reason is that the cleanup of Annex 7 does not apply in the case of a transfer. The new cleaning company is therefore not obliged to offer a permanent contract to the cleaning agent who worked in the old establishment. However, the customer can intervene on his behalf by providing a file to the new cleaning company, who may accept it or not.

The client is therefore little involved in the change of cleaning company, and will ensure that the new company and the old company respect the rules of appendix 7.

Thus, the Annex 7 ensures that cleaners working on construction sites can changeend of construction cleaning companies while continuing to work as permanent employees in the same conditions. Incoming and outgoing companies must therefore comply with the regulations in force on this annex to ensure that cleaners can continue to work or have the opportunity to work on different sites in the same time zone.