Key Benefits:
La Minister of Employment and Solidarity,
In the light of articles L. 133-1 et seq. Of the Labour Code;
Given the national collective agreement of the sedentary staff of the freight transport undertakings of the inland navigation of 5 September 2000, completed by 3 annexes;
Having regard to the amendment of 5 September 2000 relating to salaries, to the aforementioned collective agreement;
Having regard to the agreement of 5 September 2000 on the reduction of working time, concluded in the context of the Collective agreement referred to above;
In view of the request for extension submitted by the signatory organisations;
Having regard to the opinions published in the Official Journal of 12 January 2001 (for the agreement of 5 September 2000) and 19 January 2001 (for the Convention Collective and the futher of September 5, 2000).
In view of the opinions gathered during the survey;
In view of the reasoned opinion of the National Commission for Collective Bargaining (Sub-Committee on Conventions and Agreements) delivered in the sitting on 28 March 2002,
Stop:
All employers and employees included in the Application of the national collective agreement of the sedentary personnel of the inland waterway transport undertakings of 5 September 2000, the provisions of:
1. The said national collective agreement, excluding:
-paragraph 6 of paragraph 8.20 (meetings with the employer) of Article 8.00 (staff delegates) of Chapter II (staff delegates and works councils), contrary to the Provisions of Article L. 424-4 of the Labour Code;
-of the words " Brought to his knowledge and being " Referred to in paragraph 3 of paragraph 8.30 (the conditions of exercise of the functions) of Article 8.00 mentioned above, contrary to the provisions of Article L. 424-3 of the Labour Code;
-the last two points of the third subparagraph of paragraph 8.40 (single delegation of staff) of Article 8.00 mentioned above, contrary to the provisions of Article L. 431-1-1 of the Labour Code;
-part of the sentence " Unless granted by the labour inspector " The first subparagraph of paragraph 10.30 (operating conditions) of Article 10.00 (hygiene, safety and working conditions committee) of Chapter III (hygiene and safety conditions), contrary to Article L. 236-2-1 of the Work;
-Article 27 (foresight scheme) of Chapter VII (sickness and accidents) not meeting all the requirements of Article L. 912-3 of the Social Security Code.
Paragraph 2 of paragraph 2.30 (denunciation) of Article 2.00 (duration, revision, denunciation) of the preliminary chapter is extended subject to the application of the second paragraph of Article L. 132-8 of the Labour Code.
Paragraph 5 of paragraph 7.10 (designation and functions) of Article 7.00 (delegates Trade unions) of Chapter I (right to organise) is extended subject to the application of the last paragraph of Article L. 412-14 of the Labour Code.
Paragraph 9.32 (economic powers) of Article 9.00 (works councils) of Chapter II (delegates of staff and works councils) is extended subject to the application of the provisions of Article L. 432-1 of the Labour Code as amended by Article 101 of the Social Modernisation Act of 17 January 2002
Article 10 (10) (general provision) of Article 10.00 (Committee on Hygiene, Safety and Working Conditions) of Chapter III (hygiene and safety conditions) is extended subject to the application of Article L. 236-1 of the Work.
Paragraph 2 of Article 12.00 (conditions of employment) of Chapter IV (employment and performance of the employment contract) is extended subject to the application of Article L. 321-14 of the Labour Code, which also provides for the benefit of Priority of re-employment for employees who have adhered to a conversion agreement.
This same paragraph 2 is extended subject to the application of Articles L. 122-25-2, L. 122-32-2, L. 122-45 and L. 122-14-3 of the Labour
. Article 12.00 shall be extended subject to the application of Articles L. 122-45 and L. 123-1 of the Labour Code.
Paragraph 3 of Article 24.00 (military obligations) of Chapter VI (organisation and duration of work) shall be extended subject to reserve The application of Article L. 122-24-9 of the Labour Code, which requires the reservist to seek the agreement of his employer only if he considers an absence of more than five working days.
The last paragraph of Article 37.10 (departure in Retirement) of Chapter IX (termination of employment contract) is extended subject to the combined application of Articles L. 122-14-13 (last paragraph) and L. 122-6 of the Labour Code.
Paragraph 1 of Article 38.00 (retirement) of Chapter IX This is extended subject to the application of the second and third paragraphs of Article L. 122-14-13 of the Labour Code.
Article 41.00 (1) (dispute settlement and conciliation procedure) of Chapter X (implementing rules) shall be extended without prejudice to the application of Article L. 511-1 of the Labour Code.
Paragraph 2.10 of Article 2.00 (duration and organisation of work) of Annex I to frameworks is extended subject to The application of the provisions of Articles L. 212-15 -1 to L. 212-15 -3 of the Labour Code.
Paragraph 2.20 of Article 2.00 is extended subject to the application of the provisions of Article L. 212-5-1, paragraphs 1 and 2, of the Work.
Point 1 of the first subparagraph of Article 4.00 (exceptional leave) of Annexes I (executives), II (employees and masters) and III (workers) is extended subject to the application of Article L. 226-1 of the Labour Code which grants To any employee, without condition of seniority, exceptional leave of four days for his marriage.
Point 2 of the first subparagraph of Article 4.00 referred to in each of the above three annexes shall be extended subject to the combined application of Article 8 of Act No. 99-944 of 15 November 1999 on the Civil Solidarity Pact and Article L. 226-1 of the Labour
. The amendment dated September 5, 2000, concerning salaries, to the above collective agreement.
3. The agreement of 5 September 2000 on the reduction of working time, concluded in the framework of the abovementioned collective agreement, to the exclusion:
-of the words: Except exceptional constraints justified by the factual situation on the nature of which the employer must have consulted the trade union representatives and the works council beforehand or, failing that, the staff representatives " In the third sentence of paragraph 13 of Article 5 (reduction of the working hours of work) of Title I (adaptation of working time to the legal period of 35 hours), the agreement does not determine the period of pre-occurrence applicable in the The framework of justified exceptional constraints;
-terms: " If the workload is abnormal or urgent " Referred to in Article 6.3 (1) (arrangements for payment of overtime) of the aforementioned Title, contrary to the provisions of Article L. 212-5 of the Labour Code as interpreted by the Court of Cassation;
-of the fourth Paragraph of Article 6.3 referred to above, contrary to the provisions of Article L. 212-8-5 of the Labour Code;
-the second paragraph of Article 8.6 (time limit for scheduling changes) of Title I, contrary to the provisions of Article 6 (1) of the Seventh paragraph of Article L. 212-8 of the Labour Code;
-terms: " And, where applicable, those of the above elements which it intends to exclude from the supply of the account " Mentioned at the end of the second and third subparagraphs of Article 11.4 (feeding of the account) of Title I, contrary to the provisions of Article L. 227-1 of the Labour Code.
Article 5 (6) (reduction of the effective timetable Of employment) of Title I (adaptation of working time to the legal duration of 35 hours) shall be extended subject to the application of the method of calculating the annual duration provided for in Article L. 212-8, paragraph 1 of the Labour Code, which may lead to Volume less than 1 600 hours.
The third sentence of Article 5, paragraph 13, is extended subject to the application of the provisions of Article L. 212-9 (II) of the Labour
. The year) of the abovementioned Title shall be extended subject to the definition at the level of the undertaking of the temporary work arrangements provided for in Article L. 212-8 of the Labour Code.
Article 8.8 (monthly remuneration) of the Title I mentioned above is extended subject to the application of Article 32 of Law No. 2000-37 of 19 January 2000 which established a monthly guarantee of remuneration for employees paid to the SMIC whose working time has been reduced to 35
first paragraph of Article 8.9 (excess hours of the counting period) of the aforementioned Title shall be extended subject to the application of the provisions of Article L. 212-8, paragraph 4, of the Labour
. Article 8.9 referred to above shall be extended subject to the application of the provisions of Article L. 212-8-5, paragraph 2, of the Labour Code.
The last point of Article 11.4 (1) (feeding of the account) of Title I, referred to above, shall be extended as Reservation of the application of Article L. 227-1, paragraph 8, of the Labour Code.
Article 12 (fixed monthly schedule) of Title II (taking into account the new realities of the contract of employment) is extended subject to the application of the I of Article L. 212-15 -3 of the Labour Code, a supplementary branch or undertaking agreement determines the categories of executives who may benefit from an individual contract agreement drawn up on a monthly basis, as well as the terms and conditions The
subparagraph of Article 18.2 (modalities) of the abovementioned Title II is thus extended subject to the application of the provisions of Article 212-4-9 of the Labour Code which specify that The employer must explain the objective reasons which lead him not to comply with the employee's request for a part-time position.
The extension of the effects and sanctions of the national collective agreement and the agreements referred to above shall be made from the date of publication of this Order, for the period remaining to be run and the conditions laid down by the Such collective agreement and agreements.
The Director of Labour Relations shall be responsible for the implementation of the present Order, which will be published in the Official Journal of the French Republic.
Done at Paris, April 10, 2002.
For the Minister and by delegation:
The Director of Job relationships,
J.-D. Combrexelle
Note. -The text of the collective collection and that of the aforementioned agreements have been published in the Official Bulletin of the Ministry, booklet Collective Agreements, No. 2000/14 bis of 30 December 2000, available at the Official Journals Directorate, 26, Rue Desaix, 75727 Paris Cedex 15, priced 4.57 EUR
