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Employer obligation You have had a promotion , you have ten years of seniority, the unions have just negotiated with management … What are the cases in which you can claim a raise?
If I have seniority.
No legal provision requires your employer to give you a raise based on the length of service you have acquired within their company. On the other hand, if the collective agreement applicable to your company provides for a seniority bonus and you can prove this seniority, your employer is required to pay it to you.
If my responsibilities have increased.
The salary increase will not be automatic. It may result from a negotiation with the employer. It can also be triggered by a move to a higher level or to a higher coefficient due to this increase in responsibilities.
If my colleagues are paid more than me.
“Equal pay for equal work” is the rule in labor law. Your employer is therefore required to pay you at the same level as your colleagues unless he can justify the difference in salary by objective reasons (difference in experience, responsibilities, etc.). If you are a victim of pay discrimination, you can contact the industrial tribunal.
If I am paid the minimum wage or the conventional minimum.
The increases in the minimum wage decided by the government are necessarily passed on by the employer. Likewise, the increase in the minimum wage set by a collective agreement occurs automatically when the social partners agree on its revaluation.
If there was a trade deal.
Each year, in a company, a compulsory annual negotiation is held between the employer and the unions, notably relating to salary increases. If the social partners reach an agreement, your salary will increase. In the absence of agreement, it is up to the employer alone to decide whether or not to grant a collective increase.
If it’s in my employment contract.
It happens that the employment contract determines in advance the terms of the salary increase, in which case the employer is required to respect them.
DAMY law firm , Nice, Salary increases, Updated 2022
