Key Benefits:
The Minister of Employment, Social Cohesion and Housing,
In accordance with Articles L. 133-1 and following of the Labour Code;
In the light of the national collective agreement on hairdressing and related professions of 10 July 2006;
In the light of the amendment No. 1 of 10 July 2006, relating to remuneration, to the Collective agreement referred to above;
In view of the amendment No. 2 of July 10, 2006, relating to the contingency plan, to the above collective agreement;
Given the amendment No. 3 of July 10, 2006, relating to the rate of appeal of the INPCA contribution rate, to the Collective agreement;
Having regard to the amendment n ° 4 of 10 July 2006, relating to health care (three annexes), to the collective agreement referred to above;
Having regard to the amendment n ° 7 of 10 July 2006 concerning the pooling of funds from the actions of Training collected from companies of ten or more employees for enterprises with fewer than 10 employees, to the above collective agreement;
Given the request for extension submitted by the signatory organisations;
In view of the opinions published in the Official Journal of 18 October 2006 and 20 October 2006;
In view of the opinions gathered during the investigation;
Given the reasoned opinion of the National Commission for Collective Bargaining (Sub-Committee on Conventions and Agreements), delivered in session of 13 March 2007, Stop:
All employers and employees included in the Field of application of the national collective agreement of the hairdressing and related professions of 10 July 2006, the provisions of:
The national collective agreement, excluding the words: And the various holidays referred to in Articles L. 122-26 and L. 122-26-1 of the Labour Code ", in the first indent of the first subparagraph of Article 13 (2) (Leave for personal events) of Chapter I (General provisions), as being Contrary to the provisions of Article L. 226-1 of the Labour Code;
-terms: ' Parental leave of education referred to in Article L. 122-28-1 of the Labour Code. ", contained in Articles 1-1-3 (Classification, hairstylist and hairdressing techniques), 1er-2-3 (Classification, employees of aesthetics and cosmetics) and 1-3 (Classification of non-technical employees) of Chapter III (Jobs and Classification), as being contrary to the provisions of the first paragraph of Article L. 122-28-6 of the Labour Code.
The last paragraph of Article 2 (2) (Joint Interpretation Commission) of the abovementioned Chapter I is extended under Reservation of the application of the provisions of the 1st paragraph of Article L. 133-1 of the Labour Code.
Article 3 (Non-discrimination) of the aforementioned Chapter I shall be extended subject to the application of the provisions of Article L. 122-45 of the Code The
paragraph of Article 4-3 (Leave for economic, social and trade union training) of the aforementioned Chapter I shall be extended subject to the application of the provisions of the first paragraph of Article L. 451-3 of the Work.
Article 4-6-3 (Requirements of Employees' Delegates) of the aforementioned chapter Ier is extended subject to the application of the combined provisions of Articles L. 132-2, L. 132-3 and L. 412-21 of the Labour
. 7-4-3 (Serious Fault) of the aforementioned Chapter I shall be extended subject to the application of the provisions of Articles L. 122-14 and L. 122-41 of the Labour Code, which oblige an employer who intends to dismiss an employee or to impose on him an employee
ninth and thirteenth paragraphs of Article 8-2-4 (Modulation of working time) of the aforementioned Chapter I shall be extended subject to the application of the provisions of Article L. 145-2 of the Code
first paragraph of Article 10 (Weekly Rest) of the aforementioned Chapter I shall be extended subject to the application of the The provisions of Article L. 221-4 of the Labour Code, under which the weekly rest period shall have a minimum duration of 24 consecutive hours plus the daily consecutive hours of rest provided for in Article L. 220-1
Second sentence of Article 11-4-1 (General, Part-Time) of Chapter I referred to above shall be extended subject to the application of the provisions of the third paragraph of Article L. 212-4-5 of the Labour
. 13-1 (Paid annual leave) of the aforementioned Chapter I shall be extended subject to the application of the provisions of the second subparagraph of Article L. 223-8 of the Labour Code, under which, in the event of the splitting of the main leave of a duration More than twelve working days and not more than twenty-four working days, a fraction must be at least twelve continuous working days between two days of weekly rest.
The first sentence of the last paragraph of the article 13-2 above is extended subject to the application of the provisions of Article L. 226-1 of the Labour Code, as interpreted by the case-law of the Court of Cassation for which the day of leave granted does not have to Be necessarily taken on the day of the event justifying it, but for a reasonable period close to the event (Cass. Soc. 16/12/1998 Michelin c/Minchin).
The third and fifth paragraphs of Article 14 (Public holidays) of the aforementioned Chapter I shall be extended subject to the application of the provisions of Article L. 222-7 of the Labour
. (Time savings account) of the abovementioned Chapter I shall be extended subject to the application of the provisions of Article L. 227-1 of the Labour Code. The establishment of the time savings account (CET) in the undertakings or establishments must be understood as an accession, without addition or modification, to all the provisions relating to the TEC contained in this Convention
The last paragraph of Article 1-4 (Duration of the CAP hairdressing) of Chapter II (Training) is extended subject to the application of the provisions of Article R. 117-7-3-II of the Labour
. To pay, to the collective agreement referred to above, excluding the words: Within the framework of the transitional provisions laid down in the Aubry II Law (Article 5-V), ", in the second subparagraph of Article 1 (2) (Remuneration and reduction of working time), as contrary to the provisions of Article 5-V of the Law No. 2000-37 of 19 January 2000 on the negotiated reduction of working time. These provisions were intended to apply only during the first calendar year of the 35-hour implementation period and were also censored by the Constitutional Council in its decision No. 99-423 DC of 13 January 2000
Articles 1-3 (Standard Minimum Salaries Technical Employment of Headwear), 1-4 (Conventional Minimum Wages, Cosmetic, Cosmetic) and 1-5 (Standard Minimum Salaries for Non-Technical Employees) are extended subject to The application of the regulations laying down the interprofessional minimum wage for growth.
Amendment No 2 of 10 July 2006, relating to the scheme of foresight, to the aforementioned collective agreement.
Amendment No. 3 of 10 July 2006, relating to the rate of appeal of the INPCA contribution rate, to the above collective agreement.
Amendment No. 4 of 10 July 2006, relating to health care (three annexes), to the aforementioned collective agreement, excluding Annex III (Contract for collective guarantees) as contrary to the provisions of Articles L. 132-2 and L. 133-1 of the Labour Code.
Amendment No 7 of 10 July 2006 concerning the pooling of funds for training actions collected from undertakings Of ten employees and more for undertakings with fewer than 10 employees, to the above collective agreement.
The extension of The effects and sanctions of the national collective agreement and the amendments referred to above shall be made from the date of publication of this Order for the remaining time to be run and to the conditions laid down by the said Convention and endorsements.
The Director General of Labour shall be responsible for the execution of this Order, which shall be published in the Official Gazette of the Republic French.
Done at Paris, April 3, 2007.
For the Minister and by delegation:
The Director General of Labour,
J.-D. Combrexelle
Note. -The text of the above collective agreement has been published Pamphlet 3159-1000 and the text of the amendments referred to in the Official Gazette, collective agreements No. 2006/37, available at the Official Journals Directorate, 26 Desaix Street, 75727 Paris Cedex 15, priced at 7.61 EUR
