Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister of Employment, Social Cohesion and Housing,
Constitution, in particular section 38;
Given the Labour Code;
Due to the Code of Social Action and Families;
Due to the Education Code;
Due to the Mining Code;
Due to the Rural Code;
Due to the Social Security Code;
Vu The Code of Sport;
Given the Labour Code applicable to Mayotte;
In view of Act No. 2006-1770 of 30 December 2006 for the development of employee participation and share ownership with various economic and social provisions, Article 57;
In view of the opinions of the Codification Commission of 5 July 2005 and 7 April, 7 June, 18 October and 13 November 2006;
The Council of State heard;
The Council of Ministers heard,
Orgives:
The provisions of Schedule 1 to this Order constitute the legislative part of the Labour Code.
The provisions of the legislative part of the Labour Code which cite, by reproducing them, articles of other codes, or Other pieces of legislation are fully amended by the effect of subsequent amendments to these sections.
Les References in provisions of a legislative nature to provisions repealed by this order shall be replaced by references to the corresponding provisions of the Labour Code.
I. -The provisions of Article L. 5134-51 of the Labour Code annexed to this order shall not apply to contracts concluded before 15 October 2006.
II. -The provisions of the third paragraph of Article L. 5134-95 of the Labour Code annexed to this Order shall not apply to contracts entered into before 15 October
. -The provisions relating to the specific contribution referred to in Article L. 5424-20 of the Labour Code annexed to this order shall apply as from 1 September
. -The provisions of Article L. 6243-1 of the Labour Code annexed to this order shall apply to apprenticeship contracts registered after the entry into force of Law No. 2004-809 of 13 August 2004 on freedoms and responsibilities
V.-The minimum percentage referred to in Article L. 6331-2 of the Labour Code annexed to this order shall be set at 0.40 % from 1 January to 31 December
. -The provisions of Articles L. 6331-35 and L. 6331-36 of the Labour Code annexed to this Order shall enter into force on 1 January
. -The Decree of 15 June 1949 on the Central Committee for the Coordination of Learning of Building and Public Works, of the Secretary of State for Technical Education, Youth and Sport, is repealed from the day of publication in the Journal The declaration of the association constituted in accordance with the provisions of Article L. 6331-43 of the Labour Code annexed to this order.
The formation in association of the Conciliation and Coordination Committee The learning of the building and the public works provided for in Article L. 6331-43 of the Labour Code annexed to this Ordinance shall not result in the creation of a new legal person or a termination of its activity or consequence on the legal regime To which the staff are subject.
The property, rights, obligations and contracts of the association " Committee for the Coordination and Coordination of Building and Public Works Learning " The Central Coordination Committee The learning of the building and public works at the date of publication in the Official Journal of the declaration of the association.
This constitution in association does not permit any questioning of such property, rights, obligations and Contracts and, in particular, does not affect contracts concluded with third parties by the central coordinating committee for the learning of building and public works.
The operations led by this constitution in association do not Give rise to the collection of any rights, taxes or taxes of any kind.
VIII. -For the application of the provisions of Article L. 6331-56, a branch agreement concluded before 31 December 2006 may provide for an additional contribution of 0.10 % due by employers of less than ten employees under contracts and Periods of professionalisation and individual right to training shall be paid to a joint collecting body approved by the State.
The code of social action and families is thus modified:
1 ° In the third paragraph of Article L. 421-1, the words: " Title VII of Book VII of the Labour Code Are replaced by the words: " Of this book " ;
2 ° A the third sentence of the first paragraph of Article L. 421-2, the words: " Title VII of Book VII of the Labour Code Are replaced by the words: " Of this book " ;
3 ° In the first paragraph of Article L. 422-1, the words: L. 773-3 to L. 773-11, L. 773-17 to L. 773-23 and L. 773-25 to L. 773-28 of the Labour Code " Are replaced by references: " L. 423-3 to L. 423-13, L. 423-15, L. 423-17 to L. 423-22, L. 423-27 to L. 423-33 and L. 423-35 " ;
4 ° The second paragraph of Article L. 422-1, the words: L. 773-26 of the Labour Code " Are replaced by the reference: " L. 423-30 " ;
5 ° In the third paragraph of Article L. 422-4, the words: L. 773-9 of the Labour Code " Are replaced by the reference: " L. 423-20 " ;
6 ° Title II of Book IV is supplemented by a Chapter III written as follows:
"Chapter III
" Maternal wizards and family wizards
employed by Private law people
"Section 1
"
common provisions for all kindergarten and family wizards
"Subsection 1
" Application field
" Art. L. 423-1. -To comply with the provisions of this Chapter, provided that they are holders of the approval provided for in Article L. 421-3, persons who habitually welcome to their domicile, for remuneration, minors and, in application of The provisions of Article L. 421-17, of the adults of less than twenty-one years, entrusted to them by individuals or by legal persons of private
. Art. L. 423-2. -Are applicable to maternity assistants and family assistants employed by persons of private law the provisions of the relative labour code:
" 1 ° Discrimination and harassment provided for in Titles III and V of the book Ier de la First part;
" 2 ° A professional equality between women and men, provided for in the second subparagraph of Article L. 1142-2;
" 3 ° Maternity, paternity, adoption and education of children, as provided for in Chapter V Title II of Book II of Part I;
" 4 ° To the fixed-term contract of employment provided for in Title IV of Book II of Part I;
" 5 ° Resolution of disputes which may arise in the context of a contract of Work between maternity or family assistants and private individuals or legal persons referred to in Article L. 773-1 of this Code, as well as to the Council of Hemlock, provided for in Book IV of Part I of the Code of Job. The various activities of the Hemlock Councils are competent to hear these disputes;
" 6 ° A collective bargaining and collective labour agreements and agreements, as set out in Book II of Part Two;
" 7 ° To the trade unions, provided for by the book I of the second part;
" 8 ° To the staff delegates and the works council, set out in Titles I and II of Book II of Part Two;
" 9 ° To collective conflicts, Provided for in Part Two, Book V;
" 10 ° A the day of 1 May, as provided for in Section 2 of Chapter III of Title III of Book I of Part Three;
" 11 ° To the duration of the leave with pay, as provided for in section 2 of chapter I Title IV of the Book I of Part Three;
" 12 ° Leave for family events, as provided for in sub-section 1 of Section 1 of Chapter II of Title IV of Part Three;
" 13 ° Equal pay between Women and men, as set out in Title II of Book II of Part Three;
" 14 ° Payment of salary, as provided for in Title IV of Book II of Part Three;
" 15 ° To the seizure and transfer of remuneration, provided for by the Chapter II of Title V of Book II of Part Three;
" 16 ° To the insurance scheme for involuntary unemployed workers, as provided for in Chapter II of Title II of Book IV of Part V;
17 ° A training Continuing professional, provided for in Part 6, books Ier, III and IV.
"Subsection 2
" Job Contract
" Art. L. 423-3. -The work contract for maternity assistants and family assistants is a written contract.
"Subsection 3
" Remuneration, allowances and supplies
" Art. L. 423-4. -The elements and the minimum amount of allowances and supplies for the maintenance of the child shall be determined by
. Art. L. 423-5. -The remuneration of the maternal assistant or the family assistant remains due to the employer:
" 1 ° During periods of training of maternity assistants referred to in Article L. 421-14. Compensation occurs after hiring;
" 2 ° During the training periods of the family assistants referred to in Article L. 421-15.
"Subsection 4
" Fillets
" Art. L. 423-6. -Maternal assistants and family assistants shall receive a representative allowance for the annual leave with pay equal to one tenth of the total paid in accordance with Articles L. 423-13, L. 423-19, L. 423-20 and L. 423-30 And by the previous year's paid leave allowance.
" Art. L. 423-7. -When the contract of employment of the maternal assistant or the family assistant is broken before the employee has been entitled to all of the leave to which he was entitled, he shall receive, for the part of the leave of absence of which he has not received, a Compensatory allowance determined under the provisions of Article L. 423-6.
" The compensatory allowance is therefore due to the fact that the breach of the contract of employment was not caused by the heavy fault of the employee and without the need for Distinguish between the employee or the employer.
"Section 2
" Special provisions for maternity assistants and family assistants employed by
private law legal persons
"Subsection 1
" Job Contract
" Art. L. 423-8. -In the event of suspension of the authorisation, the maternal assistant or the family assistant under this section shall be suspended from office by the employer for a period not exceeding four months. During this period, the maternal assistant or the family assistant benefits from a compensatory indemnity which cannot be less than a minimum amount fixed by decree.
" In the event of a withdrawal of authorisation, the employer is obliged to proceed to the Dismissal by registered letter with notice of receipt.
" The maternal assistant or the suspended family assistant of his or her duties shall receive, at his request, a psychological support made available to him by his employer during his The time to suspend its functions.
" Art. L. 423-9. -After the expiry of the three-month trial period of the child, the termination of the contract at the initiative of the maternal assistant or the family assistant under this section shall be subject to fifteen days' notice, unless The employer does not agree to shorten this period. From a period of six months, this period shall be extended to one month, unless the employer agrees to shorten this period.
" The decision, by the person concerned, to no longer keep a child entrusted to him is subject to the same conditions
Failure to comply with them constitutes an abusive breach which, for the benefit of the employer, opens the right to damages.
" Art. L. 423-10. -An employer who intends, for a real and serious reason, to lay off a maternal assistant or a family assistant whom he has employed for at least three months and shall receive it in accordance with the conditions laid down in Articles L. 1232-2 To L. 1232-4 of the Labour Code. In the course of the interview, the employer is required to indicate the reason (s) for the proposed decision and to gather the explanations of the employee
An employer who decides to lay off a maternal assistant or a family assistant under the This section shall notify and give reasons for its decision in accordance with the conditions laid down in Article L. 1232-6 of the Labour Code. The date of submission of the recommended letter shall determine the starting point of the notice, if any, due under Article L. 773-21. Failure to comply with the notice shall result in the payment of a compensatory indemnity
Art. L. 423-11. -In case of dismissal for a reason other than a serious fault, the maternal assistant or the family assistant under this section shall be entitled:
" 1 ° 15 days' notice if it justifies, in the service of the same employer, seniority Between three and six months;
" 2 ° A notice of one month if it justifies a seniority between six months and two months' notice if it justifies a seniority of at least two years.
" Art. L. 423-12. -In the case of dismissal on a ground other than a serious fault, the maternal assistant or the family assistant under this section justifying a service of at least two years in the service of the same employer shall be entitled to compensation which shall not be Confess not with the compensatory allowance provided for in Article L. 423-10.
" The minimum amount of severance pay shall be fixed by decree according to the monthly average of the sums received by the person concerned in respect of the six best months Consecutive salary paid by the employer who terminates it.
"Subsection 2
" Compensation
" Art. L. 423-13. -The decree provided for in Articles L. 423-19 and L. 423-30 specifies the cases in which the remuneration of the maternal assistant or the family assistant under this section is increased in order to take account of the exceptional hardship caused Possibly with disabilities, diseases or inadaptations, as well as the minimum amount of this markup.
"Subsection 3
" Leave
" Art. L. 423-14. -The provisions of Articles L. 3142-68 to L. 3142-97 of the Labour Code, relating to leave and period of part-time work for the creation or resumption of business and sabbatical leave, shall apply to persons in the present Section.
"Subsection 4
" Exercise of Mandate and Expression
" Art. L. 423-15. -Where the maternal assistant or the family assistant under this section has a mandate as a trade union representative, a trade union representative or a representative of the staff, the employer shall organise and finance, where appropriate, the reception of children Which are usually assigned to it during the time that this function is performing.
" Art. L. 423-16. -The provisions of Articles L. 2281-1 to L. 2281-12 of the Labour Code, relating to the right of direct and collective expression of employees, shall apply to persons covered by this Section.
" Section 3
"Maternal wizards
" Subsection 1
" Provisions common to all wizards Maternity
" Art. L. 423-17. -References to the employment contract of maternity assistants are defined by decree. They refer in particular to the approval decision issued by the President of the General Council and to the guarantee of insurance underwritten by the parties concerned or, where appropriate, by their employer
A collective agreement or collective agreement Extended work applicable to maternity assistants may in particular supplement or adapt the provisions of this Article and Articles L. 423-21 to L. 423-23.
" Art. L. 423-18. -The elements and the minimum amount of the allowances and supplies of maternity assistants for the maintenance of the child shall be determined on the basis of the effective duration of the child's
. Allowances and supplies shall not be paid into Missing child.
" Art. L. 423-19. -Without prejudice to the allowances and supplies given to them for the maintenance of children, maternity assistants shall receive remuneration for which the minimum amount, per child present and per hour, shall be determined by decree in reference to the Minimum wage for growth. This remuneration is paid at least once a month.
" An extended collective agreement or collective agreement or collective agreement or establishment agreement may provide that, in the case of an unequal distribution of the Hours between the months of the reference year, the monthly remuneration shall be independent of the actual hours of reception and shall be calculated in accordance with the conditions laid down in the agreement or agreement. In the absence of agreement or agreement, the contract of employment may provide for this device and fix the terms and conditions.
" Art. L. 423-20. -In the event of the absence of a child during a period of reception provided for in the contract, the maternal assistant shall enjoy, under the conditions and limitations of the national collective agreement of maternity assistants, the maintenance of his remuneration, except where The child cannot be received solely from the mother's assistant or when the absence is due to a sickness of the child attested by a medical
. In the latter case, the maternal assistant is entitled to a compensatory indemnity, including Minimum amount is fixed by decree.
" Art. L. 423-21. -The maternal assistant benefits from a daily rest period of at least eleven consecutive hours.
" A decree, an agreement or an extended collective agreement may, under conditions laid down by decree, and subject to the right to a Compensatory rest or compensation, derogate from the provisions of the first paragraph
Art. L. 423-22. -The maternal assistant shall not be employed for more than six consecutive days. The weekly rest period of the maternal assistant shall have a minimum duration of 24 hours plus the daily consecutive hours of rest provided for in Article L. 423-21.
" The employer cannot request a maternal assistant from the Working more than forty-eight hours per week, this time being calculated as an average over a four-month period, without having obtained the agreement of the latter and without meeting the conditions laid down by decree. With the agreement of the employee, this duration can be calculated as an average over a twelve-month period, in accordance with an annual ceiling of 2,250 hours.
" Subsection 2
"Terms applicable to only
maternity wizards employed by individuals
" Art. L. 423-23. -The maternal assistant under this subsection and his or her employer (s) shall, by no later than 1 March of each year, agree on the dates of leave of the maternal assistant so as to enable him to take advantage of leave Staffing without any child welcome.
" Failing agreement on that date, the maternal assistant who has several employers fixes the dates of his leave for a period of time and under conditions defined by decree.
" In the case where The maternal assistant has only one employer, the leave dates are fixed by the latter.
" Art. L. 423-24. -The individual employer who decides to no longer entrust a child to a maternal assistant whom he has employed for three months must notify the person concerned of his decision to breach the contract by registered letter with a request for notification of receipt. The date of submission of the recommended letter shall determine the starting point of the notice, if any, due under Article L. 423-25. Failure to comply with this notice shall result in the payment of a compensatory leave allowance.
" The individual employer who is no longer able to entrust a child to a maternal assistant whom he has employed for at least three months, because of the Suspension or withdrawal of the authorisation of the latter, as provided for in the provisions of Article L. 421-6, shall notify the person concerned of the breach of the contract of employment by registered letter with the request for notification of receipt. Expenses related to the termination of the employment contract resulting from the suspension or withdrawal of the licence may not be borne by the individual employer.
" Art. L. 423-25. -The maternal assistant who justifies to the same employer a seniority of at least three months is entitled, in the event of a breach of the contract of employment by his employer, except in the case of serious misconduct and subject to the provisions of Article L. 423-27, to the Fifteen days' notice prior to the removal of the child.
" The duration of the notice is extended to one month when the child has been received for a year or more.
" Art. L. 423-26. -The decision of the maternal assistant to no longer keep a child who has been entrusted to him for at least three months is subject, subject to the provisions of Article L. 423-27, to one month's notice, unless the employer agrees to abridge This time. Failure to comply with this notice constitutes an abuse which, for the benefit of the employer, opens the right to the payment of damages.
" Art. L. 423-27. -The notice shall not be required in the event that the rupture is linked to the inability to entrust or receive a child in the light of the suspension or withdrawal of the approval of the maternal assistant under this section, as they are Under the provisions of Article L. 421-6.
"Subsection 3
" Provisions applicable to maternity assistants employed
by legal persons of Private law
" Art. L. 423-28. -After the departure of a child, the maternal assistant under this sub-section shall be entitled, until his employer gives him or her one or more children in accordance with his contract of employment, to an allowance for a maximum period of four Month, the amount and conditions of payment are defined by Order in Council.
" The maternal assistant shall have the same right to compensation, for a maximum period of four months, under the conditions laid down in the first subparagraph, where his contract of Work shall be maintained at the end of the period of suspension of function provided for in Article L. 423-8.
"Section 4
" Family Assistants
"Subsection 1
" Provisions common to all family wizards
" Art. L. 423-29. -The allowances and supplies of the family assistants are due for any day of reception started.
"Subsection 2
" Provisions applicable to wizards only Family members
by private legal persons
" Art. L. 423-30. -Without prejudice to the allowances and supplies given to them for the maintenance of children, the family assistants covered by this Subsection shall receive guaranteed remuneration corresponding to the duration specified in the contract Of reception. The elements of this remuneration and its minimum amount shall be determined by decree in reference to the minimum wage for growth
This amount varies depending on whether the reception is continuous or intermittent within the meaning of Article L. 421-16 and according to the Number of children allowed.
" Remuneration shall cease to be paid when the child is permanently removed from the home of the family
. Art. L. 423-31. -Where the employer no longer has a child to entrust to a family assistant who has received minors, the latter shall be entitled to compensation for which the minimum amount is determined by decree in reference to the minimum wage for growth, subject to The undertaking to receive, as soon as possible, the minors previously submitted by the employer, within the limit of a maximum number agreed with and in accordance with its
. This provision shall apply only to persons who Justify at least three months seniority at the service of the employer.
" Art. L. 423-32. -An employer who does not have a child to entrust to a family assistant for a period of four consecutive months is required to resume payment of the entire salary at the end of that period if he does not terminate the assistant Family based on this absence of children to confide.
" Art. L. 423-33. -Family assistants shall not be separated from the minors entrusted to them during weekly rest periods, holidays, annual leave, adoption leave or leave for training or leave for family events without the prior agreement of their Employer.
" The decision is based on the situation of each child, depending, inter alia, on his or her psychological and emotional needs and the possibility of giving back to his or her natural family. It also takes into account the wishes of the host family.
" However, subject to the child's interest, the employer must authorize the family assistant who has made the written request to separate all children at the same time For a minimum of days of annual leave and a minimum duration of days to be allocated over the year, defined by decree.
" The employer who allowed the family assistant to separate from all the children allowed for the duration Leave with pay organizes the arrangements for the placement of these children by guaranteeing them a temporary quality reception to enable the family assistant to whom they are usually placed to assert his rights on leave.
" When The child is kept in the family assistant during the annual leave period of the latter, the latter's remuneration is maintained and in addition to the allowances provided for in Article L. 773-4.
" If, on the occasion of a maternity, the assistant Under this sub-section wishes to have a child entrusted to him or her temporarily withdrawn, setting the date of departure and the duration of the withdrawal within the limits laid down for the rest of the women in childbirth. He makes known this date and duration to the employer before the end of the seventh month of pregnancy
With their written agreement, there is a postponement of leave for the benefit of the family assistants who have not used all the rights Opened in the fifth paragraph. This account allows the holder to accumulate paid leave by deferring annual leave.
" The family assistant then sees his remuneration maintained during the period of annual leave, without adding to the allowances Article L. 773-4. Leave acquired in respect of the postponement of leave shall be exercised on or before the date on which the family assistant permanently ceases to hold office or cash his retirement
. Art. L. 423-34. -The contract between the legal person under private law and the family assistant may provide that the exercise of another professional activity will be possible only with the agreement of the employer. The employer may refuse permission only when the proposed activity is incompatible with the reception of the child (s) already entrusted. This refusal must be motivated.
" The arrangements for the application of this provision shall be fixed by decree.
" Art. L. 423-35. -In the case provided for in Article L. 423-32, if the employer decides to proceed with the dismissal, he shall convene the Family Assistant by registered letter with a request for notification of receipt and shall receive it in maintenance under the conditions laid down in Article L. 1232-2 to L. 1232-4 of the Labour Code. The termination letter may not be sent less than one day after the date on which the employee was called to the interview. The employer must indicate to the family assistant, during the interview and in the recommended letter, the reason why he or she no longer gives him or her more children. " ;
7 ° Title III of Book IV is replaced by the following:
"TITLE III
" EDUCATORS AND FAMILY AIDES, PEDAGOGICAL PEDAGOGICAL GIFTS OF THE COLLECTIVE
MINORS
"Chapter I
" Educators and Family Helpers
" Art. L. 431-1. -Family educators employed by associations of villages of children authorised under Article L. 313-1 shall exercise, in a dwelling made available to that effect by the association, a permanent responsibility to Children's siblings.
" Family aid workers employed by associations of villages of children authorised under the same Article L. 313-1 shall exercise, in a dwelling made available to that effect by the association, the Responsibility to replace or supplement family educators with children's siblings.
" Art. L. 431-2. -Educators and live-in caregivers are not subject to the provisions concerning the duration of work, the allocation and the organisation of the working hours laid down in Title II of the book I of the third part of the Labour Code and those relating to Daily and weekly rest periods provided for in Chapter I and II of Title III of the same book
Art. L. 431-3. -The working hours of teachers and live-in caregivers are fixed by collective agreement or enterprise agreement, on an annual basis.
" The collective agreement or agreement shall fix the number of days worked, which shall May not exceed an annual limit of two hundred and fifty-eight days, and determine the procedures for monitoring the work organisation of the employees concerned.
" Where the number of days worked exceeds the annual limit laid down by the Convention Or the agreement, after deduction, if any, of the number of days allocated to a savings-time account and paid leave carried over under the conditions laid down in Article L. 3141-21 of the Labour Code, the employee shall be entitled, in the course of the three The first months of the following year, of a number of days equal to this exceedance. This number of days reduces the annual limit for the year in which they are taken.
" Art. L. 431-4. -The employer shall keep at the disposal of the labour inspector, for a period of three years, the document or documents existing in the association to record the number of days worked by employees.
"Chapter II
" Occasional pedals
of minors collective receptions
" Art. L. 432-1. -The occasional participation, under the conditions laid down in this Article, of a natural person in the facilitation or direction of a collective reception of educational minors organised on the occasion of school holidays, Holidays, under the conditions laid down in Articles L. 227-4 et seq., is described as an educational undertaking.
" Also qualified as an educational commitment:
" -occasional participation, for the account Of a natural or legal person benefiting from the authorisation " adapted Vacances organised in accordance with Article 48 of Act No. 2005-102 of 11 February 2005 on equal rights and opportunities, participation and citizenship of persons Disabled, from a physical person to animation or direction functions;
" -the occasional participation of a natural person, on behalf of a legal person approved under Article L. 312-1, to the exclusive accompaniment Leisure activities and sports activities, in establishments and services for children, adolescents or adults with disabilities, or during temporary stays for holiday-related
. Is Skilled Means the occasional participation, on behalf of an association entitled to an authorisation from the administrative authority and within the same limits, of a natural person in the supervision of traineeships for persons engaged in an Training courses enabling them to perform the functions referred to in the first paragraph.
" Art. L. 432-2. -Persons holding an educational undertaking contract shall not be subject to the provisions relating to the duration of the work, the allocation and the organisation of the hours laid down in Title II of the Book I of the third part of the Code of Work, to those relating to the daily and weekly rest periods provided for in Chapters I and II of Title III of Book I of Part Three and to those relating to the interprofessional minimum wage for growth and to monthly remuneration Minimum under Chapters I and II of Title III of Book II of Part
. Art. L. 432-3. -Without prejudice to the benefits and benefits in kind to which they may be entitled, persons holding an educational undertaking contract shall receive remuneration for which the minimum daily amount shall be fixed by decree by reference to salary Minimum growth. This remuneration is paid at least once a month.
" Art. L. 432-4. -The duration of the work of persons holding an educational commitment contract shall be fixed by an extended branch agreement or agreement or, failing that, by decree. The number of days worked cannot exceed an annual ceiling of eighty for each person. The person concerned shall have a minimum weekly rest period of twenty-four consecutive hours. The arrangements for the counting of the working time and verification of the application of these provisions by the labour inspectorate shall be fixed by decree. "
The code of education is thus modified:
1 ° After Article L. 421-24, it is inserted an article L. 421-25 so Written:
" Art. L. 421-25. -Health and safety committees composed of representatives of the staff of the institution, pupils, parents of pupils, the management team and a representative of the connecting community, chaired by the head Establishment, are established in each technical school and each professional high school.
" They shall be responsible for making any relevant proposals to the Management Board with a view to promoting safety training and Contribute to the improvement of health and safety conditions in the facility, including workshops.
" An implementing decree lays down the conditions for the implementation of these provisions, in particular with regard to composition And the procedures for the operation of health and safety committees. " ;
2 ° After Article L. 731-17, an Article L. 731-18 reads as follows:
" Art. L. 731-18. -Private higher education establishments whose main activity leads to the grant, on behalf of the State, of a diploma attesting to five years of post-baccalaureate education, may conclude intermittent employment contracts for Teaching, training and research missions involving alternating periods worked and not worked.
" The contract of employment is on an indeterminate basis. It must be written and include:
" 1 ° Employee qualification;
" 2 ° Its object;
" 3 ° Compensation elements;
" 4 ° Periods within which the employer may appeal to the employee for a Seven-day prevenance. The employee may refuse the proposed dates and working hours if they are not compatible with compelling family obligations, with the follow-up of a school or higher education, with a period of activity fixed by another employer Or a self-employed professional activity. In this case, the employee's refusal does not constitute a fault or ground for dismissal;
" 5 ° The annual, quarterly, quarterly or monthly minimum duration of the employee's work.
" The total of hours exceeding the minimum duration of the Contract shall not exceed one third of that duration, unless the employee agrees.
" An employee who is employed in an intermittent employment contract shall enjoy the same rights as those granted to full-time employees subject to rights, in respect of rights Agreements, specific arrangements provided for in the collective agreement, the enterprise or establishment
. For the determination of seniority rights, all non-working periods are taken into account. "
The mining code is supplemented by a book so written:
" LIVRE III
"SOCIAL PROVISIONS
" TITLE I
"
CONDITIONS AND
HEALTH AND SAFETY AT WORK
"Chapter I
" Working Conditions
" Art. 208. -In underground mines, the duration of each worker's presence in the mine shall not exceed thirty-eight hours forty minutes per week
By way of derogation from the provisions of Articles L. 3121-1 et seq. Of the Labour Code, Presence in underground mines is considered to be effective.
" Art. 209. -A decree adopted in the Council of Ministers, in accordance with the conditions laid down in Articles L. 3121-52 and L. 3122-46 of the Labour Code, lays down detailed rules for the application of Article L. 208, in particular the method for calculating the duration of
. Art. 210. -The employment of female staff is prohibited in underground mining and quarrying
. Art. 211. -The special conditions of work of young men, under eighteen years of age, in the above mentioned underground works shall be determined by decrees in the Council of State after the opinion of the Industrial Hygiene Committee or The work safety committee or both of these bodies, if applicable; the general council of mines is also called upon to give its opinion.
"Chapter II
" Occupational Health and Safety
" Art. 212. -The operators of mines and quarries must organise medical services at work under the conditions laid down in Title II of Book VI of Part Four of the Labour Code, subject to the provisions of the Article 219.
" However, in mining and assimilated operations for which workers are compulsorily subject to the system of social security in mines, the medical services of work shall be governed by the provisions of Articles 213 to 217.
" Art. 213. -Physicians responsible for occupational health services in mining and assimilated operations referred to in the second paragraph of Article 212 are referred to as " working doctors in mines; their essential role is to prevent alterations Workers' health as a result of their work, in particular by monitoring the conditions of occupational hygiene, the risks of contagion and the health of workers
Art. 214. -When the size of the staff justifies it, the working doctor in the mines must be a specialist doctor employed in full time.
" Art. 215. -Depending on the size of the staff, the medical services of the work may be specific to a single operation or common to several of them or, where appropriate, to some of those operations and to regulated undertakings By the provisions of Title II of Book VI of Part Four of the Labour
. Expenditures for the medical services of labour in mines are the responsibility of employers. In the case of common services, these costs shall be apportioned in proportion to the time the doctor has to devote to the employees of the various institutions
Orders-in-council determine the conditions for the organization and operation of services Medical work in mines.
" Art. 216. -Under the conditions and from the date to be fixed by decree, the certificate of special studies of occupational medicine will be compulsory for the exercise of the duties of the occupational physician in the mines
Will be determined in The same forms the conditions under which the duties of a working doctor in mines may be declared incompatible with the exercise of certain other medical
. The same conditions will be specified in the That occupational physicians may potentially engage in activity in the medical or hospital facilities of mining and assimilation.
" Art. 217. -Infringances of the provisions of this Title and the decrees made for its application shall be recognised by the engineers of the mines
Minutes may be established only after written notice to the Chief Of the exploitation concerned, the time limit cannot be less than one month.
" Art. 218. -If the research and exploitation of a mine is such as to compromise the safety or health of the minor workers, it shall be provided by the prefect in accordance with the laws and decrees relating to the mining industry.
"TITLE II
" MINOR DELEGATES
"Chapter I
" Minor Delegates Background
"Section 1
" Functions
" Art. 219. -Delegates to the safety of minor workers are set up to visit the underground workings of mines or quarries with the aim of examining, on the one hand, the safety and health conditions for the personnel occupied there and, on the other hand, In the event of an accident, the conditions under which this accident occurred.
" These delegates are also responsible for reporting, in prescribed forms, infringements of the provisions concerning the work of the Children and women, the length of work and the weekly rest recorded by them during their visits.
" The functions of the incumbent and alternate labour delegates of all the substantive workers, as defined in the title Book III of Part II of the Labour Code shall be provided by the delegates to the safety of the minor and incumbent workers respectively.
" Art. 220. -Collective labour agreements or agreements may specify that the duties of a worker delegate, holder and alternate, as defined in Title I of Book III of Part Two of the Labour Code, may be provided, As regards the workers on the day of an extraction seat, respectively by the safety delegates of the minor and substitute workers of an electoral district extending on the work of that extraction seat and not including More than two hundred and fifty workers.
" Art. 221. -The delegate must visit every well, gallery and construction site twice a month. He also visits the equipment used for the movement and transportation of workers, the washbasins or showers made available to the working staff of the bottom, the deposits of rescue equipment for the extraction seats and, in the mines Of fuels, the lamp.
" Outside of regulatory visits, the delegate may make additional visits to the parts of his or her electoral district where he has reason to fear that the safety or health of the staff may be Compromised.
" Art. 222. -It must, moreover, proceed without delay to the site where an accident involving death or serious injury occurred to one or more workers or which could compromise the safety of the workers. Notice of the accident must be given on-the-field to the delegate by the operator
Art. 223. -If the delegate is of the opinion that the operation presents, in the work site or the area he has just visited, a cause of imminent danger to safety or health, or as a result of the inapplication of the laws or regulations in In respect of any other cause, it must immediately notify the operator or its representative on the spot. This opinion, if it has been verbatim, shall be confirmed in writing to the operator or his representative on the spot. They shall, as soon as possible, observe or have noticed by an attendant, in the presence of the delegate, the state of affairs reported by the delegate and take the appropriate measures under their responsibility. The minor delegate must also inform the mining engineers without delay in order to allow them to intervene, if necessary, and immediately to refer to the register provided for that purpose.
" The delegate may, for the opinion provided for in paragraph 1 of this article as for information to mine engineers, use the telephone communication facilities available to the operator at the same time as the substance.
" Art. 224. -The delegate may, at any time of day or night, make his or her regulatory or additional visits.
" On the request of the delegate arriving at a recipe, the operator or his representative shall make available without delay, After completion of the current manoeuvre, the means of descent or upwelling.
" Exceptionally, the operator or his representative shall not be bound by this obligation when he considers that there are security reasons for transport Immediate delegate. In this case, he shall record on the register intended to receive the observations of the delegate the reasons for the delay in the descent of the
. The delegate shall not abuse the right specified above to interfere with the normal functioning of the Operating services.
" Between the time when the delegate has announced his intention to go down and the one in which the person responsible by the operator of the escort will be put at his disposal to the recipe, he shall not elapse More than forty minutes during the night shift and twenty minutes during the other entries.
" If the delegate presents himself at the prescribed hours for the descent of staff, the operator must have taken all measures to ensure that the The person responsible for accompanying him does not delay him in his visit, without the delegate having to prevent it.
" The operator is required to make available to the delegate who so requests the measuring apparatus Whose list will be given by a minister responsible for mines.
" Mining and quarrying operations are required to make available to the delegate the daily progress record of each mining district as well Safety and health plans and records, under conditions specified by the Minister responsible for mines.
"Section 2
" Districts
" Art. 225. -Any set of wells, galleries and yards dependent on the same operator and whose visit does not require more than six days constitutes only one electoral district.
" However, the prefect may, by order taken on the advice of the engineer in "Chief of mines, derogate from the preceding paragraph where the application thereof would result in the creation of electoral districts with more than one thousand five hundred workers.
" Art. 226. -An order of the prefect made on the report of the engineers of the mines, the operator heard and the workers concerned fulfilling the conditions laid down in Article 228 and the trade unions to which they may belong having been called, by Signs placed at the usual premises for notices given to workers, to submit their observations, may exempt from delegate any mining concessions or any set of contiguous mining concessions or any set of works Subterranean quarries that, depending on the same operator, employ fewer than twenty-five workers working on the bottom.
" The order provided for in the preceding paragraph shall not be taken until at least 15 days after the persons concerned have been Called to submit comments.
"Section 3
" Elections
" Art. 227. -Where it is possible to gather at a single college the electors of at least three electoral districts of neighbouring minor delegates on farms of the same substance, the minor delegates of the substance and the alternate delegates shall be elected In the two-round voting list with proportional representation under the conditions set out in the following
. An order of the prefect, taken in the forms defined by regulation, designates, where appropriate, the districts which Are grouped for the purposes of the elections, as well as a town hall close to the geographical centre of this constituency where the centralization of electoral results will be
. In the event that it is not possible to convene a single college Electors from at least three electoral districts of the neighbouring minor delegates, the minor delegates and the alternate delegates shall be elected by the two-round majority voting list under the conditions laid down by
. By derogation In the preceding paragraphs, the voters of the seabed exploitation groups created by Article 2 of Law No. 46-1072 of 17 May 1946 will form a single college for all the wells. However, for operating groups with fewer than three and more than fifteen electoral districts, the electoral colleges will be established by a joint order of the Minister responsible for labour and the minister responsible for mines
Art. 228. -The workers of the substance are electors in their electoral districts if they are eighteen years of age, to be registered on the last pay sheet made in that electoral district before the date of the order for the And not to have incurred any of the convictions referred to in Articles L. 5 and L. 6 of the Election
. Minor delegates are electors in their electoral districts.
" Art. 229. -Are eligible in an electoral district on the condition of being French citizens, of knowing how to read and write French (the local idiom is assimilated to French in the departments of the Haut-Rhin, the Bas-Rhin and the Moselle), not to present Permanent incapacity for work at a rate of more than 60 % and, in addition, never to have been guilty of an offence under the provisions of this Title or for any of the offences referred to in Article 141 of the Mining Code, Articles 414 And 415 of the Penal Code or Articles L. 5 and L. 6 of the Election Code:
" 1 ° Fund workers aged 25 years who have worked for at least five years in mines or quarries, at least three years of age as a minor worker Qualified, or in a job whose practice requires a good knowledge of the dangers of the mine, provided that they have worked for at least three years in that electoral district or in one of the same electoral districts depending on the same Operator;
" 2. Former workers of the substance on the condition that they are twenty-five years of age and that they have worked for at least five years in the mines or quarries, of which at least three years as a qualified minor worker, or In a job the practice of which requires a good knowledge of the dangers of the mine, provided that they have worked for at least three years in that electoral district or in one of the equally-dependent constituencies of the same operator, and They have been employed there for more than ten years either as workers or as deputy delegates or delegates.
" Former workers are eligible only if they are not already a delegate for another electoral district It is.
" In electoral districts defined by regulation, the parties concerned must be free of any silica disorder which would prohibit their occupation as a worker in a significant proportion of the Job sites in the electoral district.
" Art. 230. -For the first five years following the opening of a new operation, eligible voters may be elected according to the conditions of Article 229 (1), excluding the one requiring a minimum working time in the Electoral district.
" No delegation shall be delegated to any person whose spouse is a drink or who is engaged in that profession by a person, or who is engaged in any activity that contributes to the operation of a beverage. Beverage throughput.
" Art. 231. -Any delegate or alternate delegate who, for a reason subsequent to his election, is in one of the cases of ineligibility provided for in Article 229, shall be immediately declared to resign by the prefect, on the report of the engineer in Head of mines.
" However, the prefect may, at the request of the person concerned, maintain in office until the end of his term a minor delegate attained after his election of a permanent disability of more than 60 % or of a condition Silicotics. The prefect shall act on the report of the chief engineer of mines and after the opinion of a medical commission which shall decide in particular on the compatibility of the condition or invalidity with the retention of the delegate.
" An appeal against the Decision of the prefect may be made by the person concerned before the minister responsible for labour, who shall act on the advice of a national medical
. A decree determines the conditions for the application of the two preceding paragraphs, in particular:
" - The forms and time limits of the application and the possible appeal of the person concerned;
" -the time limits in which the prefect and the minister must rule;
" -as well as the composition and operating procedures of the committee Medical sitting with the prefect and whose occupational doctor is a member of the law, on the other hand, of the National Medical Commission sitting with the Minister
Art. 232. -If the operator does not post the list of electors and does not give it to the mayor, and the electoral maps within the prescribed time limits, the prefect shall cause the list to be drawn up and posted and distributed Election cards, at the expense of the operator without prejudice to the penalties that may be imposed on the
. Art. 233. -The polling station shall be chaired by the mayor or his representative, assisted by an assessor taken in each trade union organisation which has submitted a list of candidates. The time spent by the worker assessors is counted as working time.
" Art. 234. -Ballot papers shall have as many names of candidates as the incumbent delegate and alternate delegate functions as there are seats to be filled. In the face of each candidate's name, the electoral district for which the candidate is elected is indicated. Panachage is prohibited. A bulletin bearing the name of a candidate whose eligibility has not been recognized is void.
" The vote shall take place, under penalty of invalidity, in the envelope of a uniform type deposited in the prefecture
Before casting a vote, the elector must Go through a polling booth where he can put his ballot in envelope.
" The operator shall not appear or be represented at the polling station during election operations.
" Art. 235. -If the elections are made according to the proportional representation regime and if, in the first round of voting, the number of voters, blank or spoiled ballots not included, is less than half of the registered voters, it is carried out Under the same conditions of form and duration, on the date fixed by the prefect, in a second round of balloting, during which the voters may vote for lists other than those presented by the trade
. The number of Minor delegate districts to be assigned to each list is determined as follows:
" It shall be allocated to each list of candidates as many electoral districts as the total number of votes collected by it contains the quotient Election. The electoral quota shall be equal to the total number of votes validly cast by the electors in the electoral district group defined in section 227 divided by the number of electoral districts to be
. In case he could not have been filled In any electoral district or if there are any remaining electoral districts, the remaining electoral districts shall be allocated on the basis of the largest remaining electoral
. Art. 236. -In the event of death, resignation, revocation, lapse of a titular or substitute delegate, the seat shall return to the candidate of the same list fulfilling the conditions laid down in Article 235, above
Art. 237. -May be annulled any election in which the elected candidates would have influenced the vote by promising to interfere in foreign issues or claims subject to the functions of delegate, as defined in the article 219.
" Any election preceded by manoeuvres which have made it possible to evade the requirements of Article 229.
may also be annulled. Art. 238. -The counting of the votes shall be done by the members of the polling station who may be assisted by deputy returning officers; they shall be taken from each trade union organisation which has submitted a list of candidates
After the recount The President shall draw up the minutes of the proceedings, which he shall transmit to the town hall designated by the prefectorial order, where the mayor, assisted by a representative of each trade union organisation who has submitted a list of candidates, centralises the Results, proclaims the elected representatives and addresses the prefect the detailed record of the electoral operations.
" Art. 239. -In the event of cancellation, the election shall be held within one
. Art. 240. -Delegates and alternate delegates shall be elected for three years; however, they shall continue their duties until they have been replaced.
" At the expiration of the three years, new elections shall be held within the time limit of one Month; the date of the new elections may be advanced by an order taken by the minister responsible for mines, but without the new delegate being able to take office before the expiry of the previous mandate
Art. 241. -It shall be provided, within one month following the vacancy, to the replacement of the delegate or deputy delegate who has died or resigned or has been dismissed. The new member is appointed for the remaining time to the term that was assigned to the position he replaces.
"Section 4
" Special Provisions
" Art. 242. -Any delegate or alternate delegate may, for gross negligence or abuse in the performance of his duties, be suspended for at most three months by order of the prefect taken after investigation of the reasoned opinion of the mining engineer, the delegate Heard.
" The suspension order is, in the fortnight, submitted by the prefect to the minister responsible for labour, who may lift or reduce the suspension and, if necessary, revoke the delegate.
" Art. 243. -Revoked delegates or deputy delegates may not be re-elected for a period of three years
Art. 244. -The incumbent or alternate delegate working in his or her neighbouring electoral district or in a neighbouring electoral district dependent on the same operator may be dismissed on account of a slowdown in the operation of the operation only after all the workers Of the business category to which it belongs.
" Art. 245. -After their elections, the incumbent and alternate delegates shall be required to attend the professional information sessions organised by the mining department, in accordance with the conditions laid down by the Minister responsible for mines
Art. 246. -The visits provided for in this Chapter shall be paid to the incumbent and alternate delegates on the basis set out in Article 247
. The professional information sessions provided for in Article 245 shall be compensable Under the same conditions as visits. An order of the Minister responsible for labour and the minister responsible for mines sets out the manner of allocation among the operators of the various expenses incurred by the organization of such
. Travel expenses incurred by delegates Holders and alternates in the performance of their duties shall be reimbursed under conditions laid down by order of the Minister responsible for Labour and the Minister responsible for mines
Delegates are entitled to paid leave, benefits related to Seniority and other benefits under the same conditions as the workers of the operations in which they carry out their duties; they may be entitled to the same benefits in kind or to the allowances that take place, In accordance with the terms and conditions specified by the Minister responsible for labour and the minister responsible for mines
Art. 247. -In December of each year, the Prefect, on the advice of the mining engineers, the operator and the representative heard, fixed, under the authority of the Minister responsible for labour for the following year and for each electoral district, the maximum number of Days to be used by the delegate for regulatory visits and the price of the day. It shall also set the minimum monthly allowance for electoral districts comprising not more than two hundred and fifty workers
The order taken by the prefect under the provisions of the preceding paragraph may be amended during the course of the year Following the same procedure.
" In electoral districts with more than two hundred and fifty workers, the allowance to be awarded to delegates for regulatory visits is calculated on a number of days twice the number of days Actually used for visits without this double number can ever be less than twenty.
" Additional visits by a delegate to accompany mine engineers, either as a result of accidents or as a result of Supervision of the application of the duration of the work, or for the supervision of safety and health conditions, are paid in addition and at the same price.
" However, the allowance to be given to the delegate for all his visits May not exceed the price of twenty days for electoral districts comprising not more than two hundred and fifty workers. In this maximum are not included the days paid for the visits to the accident suite.
" In view of the visits made following an accident, the monthly allowance may not be higher than the price of thirty days' Job.
" Art. 248. -The sums due to each delegate holding or alternate pursuant to Article 246 shall be paid to him by the operator concerned in accordance with the rules laid down by
. If the delegate is required to perform his or her duties on Shall be paid by a common agent of the operators concerned, designated or approved by the mining engineer; fixed, for the purpose of Reimbursements to this agent, the distribution of expenses between operators.
" When it is brought to the knowledge of the administrative authority that an operator has not paid the sums owed to a delegate or has not duly Reimbursed the agent, as provided for in the second paragraph of this Article, the latter shall immediately take the necessary measures to ensure that such payments are made ex officio by the administration at the expense of the debtor operator, without The possible application against the latter of the penalties laid down for infringements of the provisions of this
. Amounts owed to delegates under section 246 are treated as wages in respect of Applies to articles L. 3241-1, L. 3245-1, L. 3251-1, L. 3251-2, L. 3252-1 to L. 3252-5, L. 3253-1 to L. 3253-4, L. 3253-22 and L. 3253-23 of the Labour Code.
" However, the foregoing provisions do not have the effect of To minor delegates, as part of their duties, the quality of employees of the operators concerned.
" Art. 249. -Mining operations and open pits may, because of the dangers they present, be assimilated to underground operations for the purposes of the provisions of this Chapter, by order of the prefect, made on the Mine engineers' report; the operator and the workers concerned fulfilling the conditions laid down in Article 228 and the trade unions to which they may belong having been called, by means of a poster, to present their Comments.
" In this case the workers attached to the extraction must be assimilated to the workers of the substance for the electorate and eligibility.
" Art. 250. -An Order in Council of State shall determine, where appropriate, the arrangements for the application of Articles 227 to 231, 235 and 238.
"Chapter II
" Permanent Delegates of the Surface
" Art. 251. -The functions of the permanent representatives of the surface established pursuant to Law No. 46-188 of 14 February 1946 on the personnel of mining operations shall be entrusted to the facilities and services of the day depending on the same seat Extraction and occupying less than one hundred and fifty workers, to minor delegates whose electoral district includes the said office of extraction. The workers and workers of these facilities and services will vote in the same college as the constituents of the constituency at which these facilities and services are attached.
" The requirements of Chapter I of this Title Apply, in respect of election, operating and remuneration conditions, to surface delegates for other institutions and services of the day. However, the maximum age required for voting is sixteen years. A Council of State decree will set out the implementing measures for this paragraph.
"Chapter III
" Common provisions
" Art. 252. -When workers in a mine or quarry are entitled to benefits in addition to those resulting from the organisation of social security, the safety representatives exercising their functions in the operation shall also benefit from the Obligations of the employer, as far as they are concerned, by the operator (s) concerned.
"TITLE III
" CRIMINAL PROVISIONS
" Art. 253. -The penalties laid down for infringements of the rules concerning the working conditions and the hygiene and safety of workers are not applicable when a worker has remained in the background after the time fixed by the deposit, with a view to lending Assistance due to an accident, or to prevent an existing or imminent danger, due to a case of force majeure, or also where the excess of the day is attributable to a personal and exceptional offence of the worker to the article 209.
" Art. 254. -Any hindrance to the free appointment of minor delegates or to the regular exercise of their functions, in particular by the lack of knowledge of the provisions of Articles 219, 224 and 244, shall be punishable by one year's imprisonment and A fine of EUR 3 750 or one of these penalties only.
" In case of recidivism, imprisonment may be increased to two years and the fine to € 7,500.
" Art. 255. -Those who, by way of fact, violence, threats, gifts or promises, either by raising fears of an elector to lose his job, to be deprived of his work or to expose to damage his person, his family or his fortune, influenced the vote In the election of delegates to the safety of minor workers, shall be punished by imprisonment for one year and a fine of EUR 3
. In the event of a repeat offence, imprisonment may be extended to two years and the fine to EUR 7 500. "
The rural code is thus modified:
1 ° Section 4 of Chapter III of Title I of Book VII is supplemented by a Article L. 713-22 reads as follows:
" Art. L. 713-22. -The provisions relating to the posting of schedules laid down in Article L. 3171-1 of the Labour Code shall not apply to heads of establishments employing employees referred to in Article L. 713-1 of this Code. " ;
2 ° Chapter IV of Title I of Book VII is thus amended:
(a) The title reads as follows: Rest and leave " ;
b) Added a section 4 read:
" Section 4
"Vacation Pay
" Art. L. 714-8. -For the application of the provisions of Article L. 3141-22 of the Labour Code to employees referred to in Article L. 713-1 of this Code, the reference to Article L. 3121-28 of the Labour Code, relating to compensatory compensatory rest, shall be replaced By reference to Article L. 713-9 of this Code. " ;
3 ° Chapter VII of Title I of Book VII is thus amended:
(a) The title reads as follows: Occupational Health and Safety " ;
(b) Articles L. 717-1 to L. 717-6 are grouped under a section 1 entitled: Health Services At work " ;
c) Added two sections as follows:
"Section 2
" Joint health,
security, and working conditions Agriculture
" Art. L. 717-7. -Joint health, safety and working conditions in agriculture are set up in each département. They are responsible for promoting safety training, contributing to the improvement of hygiene and safety conditions and risk assessment for the safety and health of farm workers and agricultural enterprises Listed in 1 °, 2 °, 3 ° and 4 ° of Article L. 722-1 of this Code and which are devoid of any hygiene, safety and working conditions or staff delegates.
" Each committee shall include, in equal numbers, representatives The most representative employers'and employees' organisations at national level in the professional branches concerned, or local representative organisations in the overseas departments, appointed by the prefect. Such representatives shall carry on business in an operation or undertaking referred to in the above paragraph situated within the territorial jurisdiction of the
. These committees shall be chaired alternately in a period of one year by a Representing employees or a representative of employers. The spell determines the quality of the first time that is elected.
" The time spent by the salaried members at the meetings of the committee shall be considered as working time and remunerated as such. In addition, the persons concerned are entitled to leave without pay to carry out their duties, within the limit of four hours per month. The employer members shall be entitled to the lump sum payment representative of the time spent in accordance with Article L. 723-37 of this Code for the administrators of the third college of the agricultural social insurance fund. The travel expenses incurred by the members of the Commission, the salaries maintained by employers and the associated social security contributions and the allowances representative of the time spent shall be borne by the national fund of Prevention established pursuant to Article L. 741-48 of this Code.
" The salaried members of the joint committees on hygiene, safety and working conditions in agriculture shall benefit from the provisions of Article L. 2411-13 of the Code The job.
" A decree shall lay down the conditions for the application of this Article and in particular the procedures for the operation of the committees; it may confer on certain committees an interdepartmental competence where employees of Some boundary departments are few.
"Section 3
" Height jobs in trees and forest jobs
" Art. L. 717-8. -A decree of the Council of State sets out the list of requirements applicable to self-employed workers performing work in height in trees, as well as to employers directly engaged in such activities
Art. L. 717-9. -A decree of the Council of State determines the rules of hygiene and safety, in particular those relating to the organisation of work sites, the organisation of work and the workers who are isolated, to respect the forest sites defined in Article L. 371-1 of the forestry code as well as on forestry sites.
" It also lays down the list of requirements applicable to third-party donors, self-employed persons and employers directly engaged in an activity on the Construction sites referred to in the first subparagraph. " ;
4 ° Section 2 of Chapter VIII of Title I of Book VII is thus amended:
(a) The title reads as follows: Continuing vocational training " ;
b) The section is completed with three articles written:
" Art. L. 718-2-1. -Farm business and business leaders personally benefit from the right to continuing vocational training. To this end, they devote each year to the financing of the actions defined in Article L. 6331-1 of the Labour Code a contribution calculated as a percentage of the professional income or the flat-rate basis determined in Article L. 731-16 of the Labour Code. Code. Its rate may not be less than 0.30 %, within the limit of an amount whose minimum and maximum amount is fixed by decree by reference to the annual amount of the social security ceiling. For heads of agricultural operations operating in the overseas departments, the amount of this contribution varies according to the weighted area of operation referred to in Article L. 762-7 of this Code, under conditions fixed by Order.
" For spouses and members of the family of farm or business owners referred to in Article L. 732-34 of this Code, as well as for spouses who have opted for the quality of collaborating spouses Article L. 321-5 of the same Code, the contribution shall be equal to the minimum amount provided for in the preceding
. This contribution is directly recovered only once and is controlled by the Under the rules and under the guarantees and penalties applicable to the recovery of contributions payable under the agricultural social protection
. Farm social insurance funds return the Amount of their collection to a training insurance fund authorised for that purpose by the State, under conditions laid down by decree in the Council of State. For the purposes of these provisions in the overseas departments, the General Social Security Funds shall carry out the functions of the farm social mutual
. Art. L. 718-2-2. -In order to improve the exercise of agricultural professions, the State and the regions shall contribute, in liaison with professional organisations, in accordance with the conditions laid down in Articles L. 6121-1, L. 6121-2, L. 6122-1 to L. 6122-4, L. 6332-23 and L. 6332-24 The Labour Code, the financing of the traineeships organised in order to ensure the training of operators, employees of farms, family workers, employees and non-employees of the para-agriculture and agri-food sectors, in training centres Public or private. A fraction of these contributions may be reserved for the financing of cooperative training activities organised under conditions laid down by decree for the benefit of family and operating partners. The arrangements for implementing such actions may be the subject of framework agreements concluded between the State or one or more regions, on the one hand, and one or more professional organisations or chambers of agriculture, of the other
. These Training shall be provided in vocational training and agricultural promotion centres established by the Ministry of Agriculture under conditions laid down by decree, as well as in the chambers of agriculture
Irrespective The penalties laid down pursuant to Articles L. 6353-1 and L. 6353-2 of the Labour Code for the various vocational training activities, some of them may give rise to the preparation of diplomas of higher education And farming techniques.
" In addition, in accordance with the provisions of Articles L. 6332-9 to L. 6332-12 of the Labour Code, the State may participate in the financing of training insurance funds created by professionals in this sector
The Vocational training and agricultural promotion centres and private centres assist, in liaison with the various ministerial departments concerned, in the training of the pluriassets needed to maintain the Agricultural operations, economic balance and the facilitation of rural areas. The centres mentioned above bring to their training programmes, when they are directed to persons working in mountain areas, in the areas eligible for the concerted development programmes of rural areas of the Plan contracts or in the overseas departments, the adaptations necessary to take account of the particular situations and needs of these areas related to the exercise of the various activities of the seasonal activities and of the trades Specific territories.
" Art. L. 718-2-3. -The heads of operations and agricultural undertakings occupying less than 10 employees with whom the funds of agricultural social mutuality shall take up the contribution referred to in Article L. 6331-2 of the Labour Code may give a mandate to the same To complete the tax declaration provided for in Article L. 6331-7 of the same Code, on the basis of the information provided by them and under their responsibility. " ;
5 ° Section 3 of Chapter VIII of Title I of Book VII is thus amended:
a) Article L. 718-3 is inserted in a sub-section 1 entitled: Employment contract-agricultural training " ;
b) The section is completed by a Subsection 2 thus written:
"Subsection 2
" vending contract
" Art. L. 718-4. -The purpose of the vending contract is to carry out works of harvest. This work is in agreement with the preparations for the harvesting of the harvest, up to the storage included.
" Art. L. 718-5. -The selling contract has a maximum duration of one month.
" An employee may resort to several successive selling contracts, without the accumulation of contracts exceeding two months over a twelve-month period.
" Art. L. 718-6. -Paid leave employee may benefit from the selling contract.
" Public agents can also benefit from this contract.
" The provisions of Article L. 1244-2 of the Labour Code, relating to the employment contract Seasonal, do not apply to selling contracts. "
6 ° Chapter VIII of Title I of Book VII is completed by three sections as follows:
" Section 4
"Professional syndicates
" Art. L. 718-7. -If they are authorised by their statutes and provided they do not distribute profits, even in the form of discounts, to their members, trade unions may:
" 1 ° Buy to rent, lend or apportion among their members all objects Necessary for the exercise of their profession, raw materials, tools, implements, machinery, fertilizers, seeds, plants, animals and food for livestock;
" 2 ° Lying free of charge for the sale of products originating Exclusively for the personal work or the operations of the union members; facilitate this sale by exhibition, advertisements, publications, order grouping and shipments, without being able to operate under their name and under their responsibility.
"Section 5
" Collective Conflicts
" Art. L. 718-8. -Collective labour disputes in agriculture shall be subject to the conditions laid down in Article L. 2522-1 of the Labour Code before a national or regional agricultural conciliation commission, the composition of which shall be determined in accordance with Rules in section L. 2522-7 of the same code.
"Section 6
" Combating illegal work
" Art. L. 718-9. -The heads of establishment or undertaking referred to in Article L. 722-3 of this Code shall, before the start of cutting or yarding in excess of a fixed volume by decree or afforestation, reforestation or work On a surface above a threshold fixed by decree, address to the inspection of labour, employment and agricultural social policy of the department in which the site is intended a written declaration containing The name, corporate name of the undertaking, its address, the exact location of the work site, the date of the beginning and the expected end date of the work and the number of employees who will be occupied, if any, on this site.
" They Shall also report this site by display on the cutting edge of a sign bearing the particulars indicated above; the same information shall also be transmitted to the town hall of the municipality or municipalities on whose territory it is Located at the cutting site.
" Art. L. 718-10. -The infringements of Article L. 718-9 are punishable by the penalties laid down in Article L. 4741-3 of the Labour Code. " ;
7 ° Chapter IX of Title I of Book VII is supplemented by eight Articles L. 719-2 to L. 719-9 thus written:
" Art. L. 719-2. -Labour inspectors responsible for the control of agricultural professions shall ensure the application to these professions of the provisions of the Labour Code, of the non-codified laws and regulations relating to the system of work applicable to
. They are also responsible for ensuring the application of the provisions of collective agreements and collective agreements in accordance with the conditions laid down in Book II of Part II of the Labour Code, relating to agricultural
. They note the infringements of these provisions, the general provisions for prevention which have been the subject of a decree of extension of the Minister of Agriculture and the specific preventive measures which have been made compulsory by order of the Minister of Agriculture for all employers in a specific professional sector.
" They also note the offences defined in the 3 ° and 6 ° of Article 225-2 of the Criminal Code and the offences laid down in Articles L. 622-1 and L. 622-5 of the code for the entry and residence of aliens and the right of asylum
They have the same rights and obligations as labour inspectors.
" Art. L. 719-3. -The provisions of Articles L. 4721-4 to L. 4721-6, L. 4723-1, L. 8112-5, L. 8113-1, L. 8113-2, L. 8113-4, L. 8113-5, L. 8113-7 and L. 8113-11 of the Labour Code shall apply to workers placed under the authority of the inspectors of the Work referred to in Article L. 719-2 of this Code.
" Art. L. 719-4. -The interim procedure referred to in Article L. 4732-1 of the Labour Code may be implemented for the application of Articles L. 717-5 to L. 717-11 of this
. Art. L. 719-5. -The infringements of Article L. 717-7 are punishable by the penalties provided for in Articles L. 4741-1, L. 4741-5, L. 4741-9, L. 4741-10, L. 4741-12, L. 4741-14 and L. 4742-1 of the Labour Code.
" Art. L. 719-6. -The provisions relating to temporary work stoppages or activities laid down in Articles L. 4731-1 to L. 4731-4 of the Labour Code shall apply where it is found that an employee has not withdrawn Of the working situation defined in Article L. 4131-1 of the same Code, whereas there is a serious and imminent danger resulting from a failure to protect against falls in height, constituting an infringement of the provisions adopted in Application of Article L. 4111-6 of the same code
Art. L. 719-7. -The penalties provided for in Article L. 4741-3 of the Labour Code are the employer who has not complied with the measures taken by the labour inspector pursuant to Article L. 719-6.
" Art. L. 719-8. -A fine of 4500 shall be punished by the self-employed, as well as the employers when they carry out their own activities on a forestry or forestry site or during work in height in the trees, if they have not implemented the Obligations under Articles L. 717-8 and L. 717-9.
" Art. L. 719-9. -Breaches of the health and safety rules provided for in Article L. 717-9 shall be punished by the penalties provided for in Articles L. 4741-1, L. 4741-2, L. 4741-4, L. 4741-5, L. 4741-9 to L. 4741-12 and L. 4741-14 of the Labour Code. "
The social security code is thus modified:
1 ° After Article L. 131-4, it is inserted an article L. 131-4-1 Thus written:
" Art. L. 131-4-1. -I.-Gains and wages, within the meaning of Article L. 242-1 or Article 1031 of the Rural Code, paid in a calendar month to employees employed in urban regeneration zones defined in Article 42 A of Article 42 of Law No. 95-115 of the 4 February 1995 guidance for the development and development of the territory and in the rural regeneration zones defined in Article 1465 A of the General Tax Code is, under the conditions laid down in II and III, exempt from contributions to The employer's liability for social insurance, family allowances and accidents at work within the limit of the product of the number of hours paid by the amount of the minimum wage plus 50 %.
" II. -Articles entitled to the exemption provided for in the I, where they do not have the effect of bringing the total number of the enterprise to more than fifty employees, the hirings carried out by the undertakings and the groups of employers engaged in an activity Craft, industrial, commercial, within the meaning of Article 34 of the General Code of Taxation, an agricultural activity, within the meaning of Article 63 of the same Code, or non-commercial, within the meaning of Article 92 of the same Code, excluding the bodies mentioned In Article 1 of Act No. 90-658 of 2 July 1990 on the organisation of the public postal and telecommunications service and of employers covered by the provisions of Title I of Book VII of this
. To benefit from this Exemption, the employer must not have made a lay-off in the twelve months preceding the hiring or
. III. -The exemption provided for in the I is applicable, for a period of twelve months from the date of effect of the employment contract, to the earnings and remuneration paid to employees in respect of which the employer is subject to the obligation laid down by Article L. 5422-13 of the Labour Code and whose contract of employment is of indefinite duration or has been concluded pursuant to Article L. 1242-2 of the Labour Code for a period of at least 12 months.
" IV. -The employer who meets the conditions set out above shall in fact make the declaration in writing to the departmental management of labour, employment and vocational training within thirty days from the date of the employment contract. Failing to send this declaration within the prescribed period, the right to the exemption shall not apply to contributions due on the earnings and remuneration paid from the date of employment on the day of the sending or filing of the declaration, that period Being imputed over the duration of the exemption.
" The benefit of the exemption may not be accrued, for the employment of the same employee, with that of State aid for employment or other total or partial exemption of contributions Social security employers or the application of specific rates, bases or lump sum contributions. " ;
2 ° Chapter IIa of Title III of the book Ier is completed by two sections thus written:
"Section 4
" Modernization and simplification of Formalities
for individual employers
"Subsection 1
" Employment Cheque-universal service
" Art. L. 133-8. -The universal service cheque provided for in Article L. 1271-1 of the Labour Code shall include a declaration for the payment of contributions and social contributions of legal or conventional origin addressed to a recovery body of the scheme General social security designated by order of the Minister responsible for social security. Where the employer benefits from the allocation provided for in Article L. 531-5, and by way of derogation from the provisions of this subparagraph, employment shall be declared in accordance with Article L. 531-8.
" The declaration provided for in the first Paragraph may be made by electronic means in accordance with Article L. 133-5.
" Upon receipt of the declaration, the collecting body shall forward to the employee an attestation of employment replacing the payment of the pay Under Article L. 3243-2 of the Labour Code.
" Art. L. 133-8-1. -The characteristics of the declaration of social contributions provided for in Article L. 133-8 shall be determined by joint order of the Ministers responsible for labour, social security and the economy
Art. L. 133-8-2. Article L. 133.8. - The body responsible for receiving and processing the declaration referred to in Article L. 133.8 for the payment of contributions and social contributions shall be entitled to continue the recovery by litigation of the sums remaining due, for the purposes of Account of all the schemes concerned, under the guarantees and penalties applicable to the recovery of contributions from the general social security system based on salaries.
" Subsection 2
"Associative unemployment
" Art. L. 133-8-3. -Collection bodies of the general social security system shall organise directly and free of charge the management of the associative employment provided for in Article L. 1272-1 for the benefit of the associations
For employees of associations Under the compulsory social protection scheme for agricultural workers, the calculation and recovery of contributions and social contributions of legal or conventional origin as well as occupational health contributions are insured by the Agricultural social mutuality funds. These funds also provide the necessary operations for the social security of these employees.
" An agreement between the bodies for the recovery of the general social security scheme and the agricultural social mutual funds provides for the nature of the And the rules for the transfer of information between the said agencies and caisses for the application of the device and how the device will be implemented.
" Section 5
"Single Window for Live Show
" Art. L. 133-9. -The groups of artists and the natural or legal persons, whether public or private, referred to in Article L. 7122-22 of the Labour Code, when carrying on the activity of entertainers of live performances, shall proceed with an authorised body By the State to the payment of all contributions and social contributions, of legal or conventional origin, provided for by law and relating solely to their performance
. Art. L. 133-9-1. -The body authorised by the State referred to in Article L. 133-9 shall recover the contributions and contributions on behalf of the administrations and bodies to conclude one of the conventions referred to in the following
. Of conventions Approved by the State define the relations between the authorised body and the authorities or bodies to which the declarations or contributions referred to in Article L. 133-9 are recovered. In the absence of an agreement, such arrangements shall be laid down by
. Art. L. 133-9-2. -The contributions and contributions referred to in Article L. 133-9 shall be recovered in accordance with the rules and under the guarantees and penalties applicable to the recovery of contributions referred to in Articles L. 5422-9 et seq. Of the Labour
. However:
" 1 ° The payment of contributions and contributions is due no later than the fifteenth day following the term of the contract of employment;
" 2. It is applied a 6 % increase in the amount of contributions and contributions That were not paid on the due date. This increase shall be increased by 1 % of the amount of contributions and contributions due per month or fraction of the month, after the expiration of three months from the due date for contributions and contributions.
" The Employers referred to in Article L. 133-9 may apply to the Director of the body authorised for a full or partial reduction of the above mentioned increases;
" 3 ° If the formal notice of the Situation within a period of 15 days remains without effect, the director of the authorised body may issue a notified constraint to the debtor by registered letter with acknowledgement of receipt. In the absence of opposition from the debtor before the court of instance or of the competent authority, the constraint includes all the effects of a judgment and, in particular, confers the benefit of the legal mortgage;
" 4. Applicable security rights are Those provided for in Articles L. 243-4 and L. 243-5
Art. L. 133-9-3. -Without prejudice to the tasks and powers of the officials of the administrations and bodies party to the conventions provided for in Article L. 133-9-1 of this Code and of the officials and agents referred to in Article L. 8271-7 of the Labour Code, The bodies responsible for the recovery of contributions from the general social security system are entitled, under the conditions laid down in Section 4 of Chapter III of Title IV of Book II of this Code, to monitor the application by employers The provisions of Articles L. 7122-22 to L. 7122-27 of the Labour Code and Articles L. 133-9 to L. 133-9-2 on behalf of the body authorised by the
. As such, they are entitled to communicate to officials and screening officers Referred to in Article L. 8271-7 of the Labour Code and to receive from them all information and documents necessary to combat concealed work.
" Art. L. 133-9-4. -Disputes arising from the application of the provisions of Article L. 133-9 to the employers referred to in Articles L. 5424-1 and L. 5424-2 of the Labour Code fall within the jurisdiction of the judicial
. Art. L. 133-9-5. -The civil action provided for in Article 2 of the Code of Criminal Procedure shall be exercised by the body authorised on behalf of the bodies and administrations party to the conventions provided for in Article L. 133-9-1
Art. L. 133-9-6. -The arrangements for the application of Articles L. 133-9 to L. 133-9-5 shall be determined by decree in the Council of State. " ;
3 ° Chapter I of Title I of Book IX is supplemented by an article L. 911-6 thus written:
" Art. L. 911-6. -The provisions of Articles L. 3334-1 to L. 3334-15 of the Labour Code shall apply to the draft collective agreement referred to in Article L. 911-1 concluded as part of a savings plan for collective retirement. "
The code for sport is thus modified:
1 ° Article L. 222-5 is supplemented by a first paragraph as follows:
" The provisions of Articles L. 7124-9 to L. 7124-12 of the Labour Code shall apply to remuneration of any kind levied for the exercise of sporting activity by children of 16 years of age and less subject to compulsory education. ;
2 ° After Article L. 222-11, an Article L. 222-12 reads as follows: '
' Art. L. 222-12. -The infringements of the rules of remuneration referred to in the first subparagraph of Article L. 222-5 shall be punished by the penalties provided for in Articles L. 7124-27 and L. 7124-34 of the Labour Code. "
Article L. 326 of the Labour Code applicable to Mayotte is replaced by the following:
" Art. L. 326. -The National Employment Agency referred to in Article L. 5312-1 of the Labour Code shall provide the public service of the placement in Mayotte under the conditions laid down in the local Labour Code. "
I. -Are repealed, subject to Article 13, the provisions of the legislative part of the Labour Code in its Act No. 73-4 of 2 January 1973 on the Labour Code and the texts which have completed or amended it.
II. -The following provisions are repealed:
1 ° The first five paragraphs of Article L. 133-5-3 of the Social Security Code;
2 ° The first five paragraphs, the seventh, eighth and ninth paragraphs of Article L. 133-5-5 of the Code of Social Security Social security;
3 ° Article 1 of Order No. 84 of 16 August 1892 on public holidays applicable to the departments of the Bas-Rhin, the Haut-Rhin and the Moselle;
4 ° Articles 6, 41 a, 41 b, 105 a, 105 b, 105 c, 105 d, 105 e, 105 f, 105 g, 105 i and 133 of the local professional code applicable to the departments of the Bas-Rhin, the Haut-Rhin and the Moselle;
5 ° Articles 66 and 621 of the local civil code applicable to the departments of the Bas-Rhin, the Haut-Rhin and the Moselle;
6 ° Articles 59 and 63 of the local trade code applicable to the departments of the Bas-Rhin, the Haut-Rhin and the Moselle;
7 ° Articles 1, 1, 1, 4, 5, 8 second paragraph, 10 and 11 of Order No. 45-2339 of 13 October 1945 relating to Performances;
8 ° The first five paragraphs and the ninth paragraph of Article 19, as well as Articles 21, 22, 23 24 and 28 of Order No. 67-830 of 27 September 1967 relating to the development of working conditions in respect of the Collective agreements, youth work and restaurant titles;
9 ° I of Article 64 of the Finance Act 1975 n ° 74-1129 of 30 December 1974;
10 ° Articles 1, 2, 3, 4 and 5 of Law No. 76-463 of 31 May 1976 Concerning accession to the property;
11 ° Law n ° 78-49 of 19 January 1978 on the monthly payment and the conventional procedure;
12 ° Article 26 of Ordinance No. 82-41 of 16 January 1982 on the duration of the work and the Paid leave;
13 ° The first three paragraphs of Article 5 of Article 5 of Law No. 82-600 of 13 July 1982 on the compensation of victims of natural disasters;
14 ° The first paragraph of Article 93 of Law No. 82-652 of 29 July 1982 on audiovisual communication;
15 ° Articles 1 to 4 of Law No. 82-684 of 4 August 1982 on the participation of employers in financing urban public transport and cheques-transport;
16 ° Les Articles 1 to 4 of Law No. 82-939 of 4 November 1982 on the exceptional contribution of solidarity in favour of workers deprived of employment;
17 ° Articles 29 and 30 of Law No. 83-675 of 26 July 1983 on the Democratisation of the public sector;
18 ° Article 18 of Act No. 87-572 of 23 July 1987 amending Title I of the Labour Code and on apprenticeship;
19 ° V of Article 9 of Act No. 98-657 of 29 July 1998 on the Fight against exclusion;
20 ° Article 8 of Law No. 99-944 of 15 November 1999 on the Civil Pact of Solidarity;
21 ° II of Article 30 of Law No. 2000-37 of 19 January 2000 on the negotiated reduction of working time ;
22 ° Article 1 of Act No. 2005-296 of 31 March 2005 reforming the organisation of working time in the undertaking;
23 ° Article 20 of Law No. 2005-843 of 26 July 2005 on various measures to transpose the law Community in the Public Service;
24 ° VIII of Article 96 of Act No. 2005-882 of 2 August 2005 in favour of small and medium-sized enterprises;
25 ° Articles 1, 2 and 3 of Order No. 2005-893 of 2 August 2005 on the contract "Work" New hires ".
III. -Article R. 250-1 and the first two paragraphs of Article R. 250-2 of the Labour Code are
. -The repeal of the provisions of I to III shall take effect on the date of entry into force of the regulatory part of the new Labour Code in respect of the articles, paragraphs, sentences or words referred to in Annex 2 to this Order.
Notwithstanding the provisions of Article 1, remain in force, in writing in force on the date Of the publication of this order, the following provisions of the legislative part of the Labour Code:
1 ° The provisions of Article L. 143-11-7, as they apply to seamen referred to in Article L. 742-6;
2 ° The provisions of Article L. 143-11-9, as they apply to seamen referred to in Article L. 742-6;
3 ° Articles L. 148-2 and L. 148-3, as well as Article L. 154-3, as it applies to infringements of the provisions of Article L. 143-11-9; These two articles;
4 ° The second sentence of the third paragraph of Article L. 212-4-4;
5 ° Articles L. 212-18 and L. 212-19;
6 ° Article L. 213-11;
7 ° Article L. 220-3;
8 ° The second paragraph of Article L. 221-1;
9 ° Article L. 321-13;
10 ° Articles L. 323-2, L. 323-4-1, L. 323-8-6-1;
11 ° As they apply to the communities and bodies referred to in Article L. 323-2, the first four paragraphs of Article L. 323-5, the first paragraph of Article L. 323-5. Article L. 323-8, Articles L. 323-8-7 and L. 323-8-8, the fifth paragraph of Article L. 323-21 and Article L. 323-34;
12 ° The ninth paragraph of Article L. 342-3 and the tenth paragraph of that Article as it applies to Transport undertakings;
13 ° Article L. 351-13, as it applies to persons mentioned in the 1 ° and 2 ° of this same article;
14 ° Article L. 353-2;
15 ° Articles L. 471-1 to L. 471-3;
16 ° The fifth paragraph of Articles L. 620-10;
17 ° Articles L. 713-1 and L. 713-2;
18 ° Articles L. 742-1, II to IV of Article L. 742-1-1 and Articles L. 742-2 to L. 743-2;
19 ° Articles L. 800-4 and L. 800-5 as they relate to New Caledonia and French Polynesia;
20 ° The twelfth paragraph of Article L. 812-1;
21 ° Articles L. 970-1 to L. 970-6;
22 ° The second paragraph of Article L. 981-4.
The provisions of this Order come into force at the same time as the regulatory portion of the new Labour Code and no later than March 1 2008.
The Prime Minister, the Minister for Employment, Social Cohesion and Housing, the Minister for Overseas and The Minister responsible for employment, work and professional integration of young persons shall each be responsible for the application of this Ordinance, which shall be published in the Official Journal of the French Republic.
Done at Paris, March 12, 2007.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister of Employment,
de la Cohesion sociale et du logement,
Jean-Louis Borloo
The Minister for the Overseas,
François Baroin
The Minister for Employment, au
job and working with young people,
Gérard Larcher
