In France, the law provides for additional remuneration for employees who have made an invention in the course of their work with an inventive mission. By inventive mission we mean a mission corresponding to research studies, for example
This additional remuneration is payable by the employer and is determined according to :
- the value of the invention,
- its usefulness to the company,
- the employee’s personal contribution
- the duration of exploitation of the invention
What do collective bargaining agreements cover?
Collective bargaining agreements, which are a set of rules governing labor law in a given sector of activity, determine a number of concepts. These include wages, vacations and contracts. Collective bargaining agreements can also set out the terms for calculating and paying additional remuneration to salaried inventors, as well as the criteria for recognizing inventions.
These collective agreements are regularly updated to take account of changes in the profession and the needs of companies and employees.
Metallurgy collective bargaining agreement breaks new ground in 2024
– additional compensation
In 2024, the collective bargaining agreement for the metallurgy industry, which applies to employees in the metallurgy sector in France, is due to be amended with regard to additional remuneration for salaried inventors. In particular, the collective agreement will set the minimum amount of additional remuneration per inventor and per invention at 300 euros.
Additional compensation for salaried inventors in the metallurgy industry
– claim for additional remuneration
The amount of additional remuneration is not the only new feature of the new metallurgy collective bargaining agreement. In fact, it sheds some light on the statute of limitations for claiming additional remuneration.
An action to claim additional remuneration is when an employee seeks compensation from his employer in the event that he has not received compensation for his patentable innovation.
Claims for additional remuneration are subject to a 5-year limitation period. While this time limit does not raise any questions, the starting point is. Under ordinary law, the starting point for the limitation period is the day on which the claimant knew, or should have known, of his rights. In terms of employee inventions, it is difficult to determine when the employee inventor knew or should have known of his rights.
Article 149 of the new collective bargaining agreement for the metallurgy industry clarifies this starting point, setting it at the date of the invention. This is not the date on which the industrial property title is acquired, but the date on which the invention is made.
In conclusion, the new collective bargaining agreement for the metallurgy industry, updated in 2024, will clarify the starting point of the statute of limitations for claiming additional remuneration, which will be the date on which the invention is made.
This is the first time that a collective bargaining agreement has been so specific in terms of claims for additional remuneration. Will others follow suit?
