Key Benefits:
The Minister of Employment and Solidarity,
In view of articles L. 133-1 et seq. Of the Labour Code;
In view of the order of 14 December 1989 and the orders Successive, in particular the decree of 22 October 2001, extending the national collective agreement for the retail stores of stationery, office supplies, office automation and computer and bookshop supplies of 15 December 1988 and agreements Supplementing or amending it;
In view of the national agreement of 13 July 2001 (reduction in working time) concluded in the framework of the aforementioned collective agreement;
Given the request for extension presented by the signatory organisations;
Vu The opinion published in the Official Journal of 13 September 2001;
In view of the opinions gathered during the investigation;
In view of the reasoned opinion of the National Commission for Collective Bargaining (Sub-Committee on Conventions and Agreements), in particular the double Opposition made by the representatives of two trade union organisations;
Considering that the extension of the abovementioned agreement allows all employees affected by its scope to benefit from a reduction in their Working time,
Considering that the representative organisations which have signed the aforementioned agreement have, in accordance with conventional freedom, set objectives as well as rules and arrangements that they have considered appropriate to the situation
Considering that the above agreement is not contrary to the laws and regulations in force below the following reservations and exclusion,
Stop:
Are made mandatory for all employers and employees included in the scope of the National collective agreement for the retail stores of stationery, office supplies, office automation and computer and bookshop supplies of 15 December 1988, the provisions of the national agreement of 13 July 2001 (reduction of working time) To the exclusion of the second subparagraph of Title 8 (measures to promote professional equality between men and women and to prevent discrimination).
The third paragraph Article 2.1 (executive officers) of Title 2 (arrangements for the reduction of working time by categories of staff) shall be extended subject to the application of the provisions of Article L. 212-15 -1 of the Labour
. Article 2.3 (autonomous frameworks) of Title 2 is extended subject to the application of the provisions of the second subparagraph of Article L. 212-15 -4 of the Labour Code.
The fourth paragraph of Article 2.3 is extended Subject to the application of the provisions of the sixth paragraph of Article L. 227-1 of the Labour Code, according to which only part of the days of rest resulting from the reduction of working time and usable at the initiative of employees may The
paragraph of Article 2.3 shall be extended subject to compliance with the first paragraph of Article L. 212-8 of the Labour Code, according to which the calculation of the annual average duration of the Work, which must take account of statutory holidays and holidays provided for in Article L. 222-1 of the Labour Code, may lead to work hours less than 1 600 hours.
Article 2.4 (employees employed sedentary) of the title 2 above is extended under the same conditions as the eighth paragraph of Article 2.3.
The first paragraph of Article 2.4.1 (modality 1: 35-hour weekly hours) of Title 2 is extended subject to The application of the provisions of Articles L. 221-9, L. 221-6, L. 221-7, L. 221-7, L. 221-8-1 and L. 221-19 of the Labour Code.
The first paragraph of point 2 (general principles) of Article 2.4.2 (modality 2: reduction of working time to 35 hours and The abovementioned Title 2 shall be extended under the same conditions as the aforementioned Article 2.4.1.
The third subparagraph of point 2 above shall be extended subject to the application of Article L. 212-4-6 of the Code of work, which defines the framework within which part-time employees' schedules can be modulated.
Section 7 (use of partial unemployment) of Article 2.4.2 is extended subject to compliance with Articles L. 351-25 And R. 351-50 to 53 of the Labour Code.
The first paragraph of Article 2.4.3 (modality 3: reduction of working time in the form of a reduction in the working week and the allocation of rest days) of Title 2 above is
fifth preambular paragraph of Article 2.4.3 is extended subject to the application of the provisions of the second subparagraph of Article L. 212-9 of the Labour Code. That the layout of the schedule according to the vagaries of the activity must not fail the ability of the employee to choose the dates of at least part of the days of rest resulting from the reduction of working
. 2.5 (Employed employees) of Title 2 above is extended under the same conditions as the eighth paragraph of Article 2.3 above.
The second indent of Article 2.7 (general provisions) of Title 2 referred to above is extended Subject to the application of the provisions of the seventh paragraph of Article L. 212-8 of the Labour Code according to which the time limit for the use of modulation shall be seven working
. , except constraints In a non-foreseeable way affecting the operation of the undertaking " The above second indent is extended subject to the application of the provisions of the seventh paragraph of Article L. 212-8 of the Labour Code Complementary branch or enterprise provides, on the one hand, the applicable reduced time limit and, on the other hand, counterparties in favour of employees.
Article 3.2 (incentive to reduce working time) of Title 3 (aid for The State) is extended subject to the application of Article 3-IV of Act No. 98-461 of 13 June 1998, which provides for the maintenance of employment for a period of two years.
Title 7 (time savings account) is extended subject to the Application of the provisions of the 11th paragraph of Article L. 227-1 of the Labour Code a supplementary agreement of an extended or enterprise sector specifies the conditions for the transfer of the rights of employees in the event of a transfer from an establishment to a The
indent of the first subparagraph of Article 7.3 (food and time limit) of Title 7 shall be extended subject to the application of the provisions of the seventh paragraph of Article L. 227-1 of the Labour Code according to which the number of days saved corresponding to the paid leave, the bonus, the days of rest resulting from the reduction in working time and the compensatory compensatory rest period shall not exceed 22 days by Year.
The extension of the effects and sanctions of the aforementioned agreement shall be made from the date of publication of this Order for the Time remaining to be run and the conditions laid down by that agreement.
The Director of Labour Relations shall be responsible for The execution of this Order, which shall be published in the Official Journal of the French Republic.
Done at Paris, December 26, 2001.
For the Minister and by delegation:
By preventing the
Director from working relationships:
The service manager,
L. Setton
Note. -The text of the aforementioned agreement has been published in the Official Bulletin of the Ministry, booklet Collective Agreements No. 2001/36 of 6 October 2001, available at the Directorate of Official Journals, 26, rue Desaix, 75727 Paris Cedex 15, at 7.01 EUR
