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Decree Of 22 April 2002 On The Extension Of A National Agreement Of 26 November 2001 On The Organisation And The Reduction Of Working Time Annexed To The National Collective Agreement Of Work Relating To The Equestrian Centre Staff...

Original Language Title: Arrêté du 22 avril 2002 portant extension d'un accord national du 26 novembre 2001 relatif à l'aménagement et la réduction du temps de travail annexé à la convention collective nationale de travail concernant le personnel des centres équestre...

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JORF n ° 103 of 3 May 2002 page 8255
text # 343



Decree of 22 April 2002 extending d ' a national agreement of 26 November 2001#039the development and reduction of working time annexed to the national collective labour agreement concerning the Equestrian centre staff and constituent l 'annex V to the convention

NOR: AGRS0200967A ELI: Not available


Minister of Agriculture and Fisheries,
On the proposal of the Director of Operations, Social Policy and Employment,
In view of Title III of the book Ier of the Labour Code (Legislative and Regulatory Parties), and in particular Articles L. 131-3, L. 133-8, L. 133-14 and R. 133-1, R. 133-2 and L. 136-3;
In view of the Order of 14 June 1976 extending the national collective labour agreement of 11 July 1975 Concerning the staff of the equestrian centres and the successive orders extending amendments to the Convention;
Having regard to the National Labour Agreement of 26 November 2001 on the development and reduction of working time annexed to the National collective labour agreement referred to above;
Given the request for extension submitted by the signatory organisations;
In view of the opinion on the extension published in the Official Journal of 22 February 2002;
In view of the reasoned opinion of the Agricultural Sub-Committee of the conventions and agreements of the National Commission for Collective Bargaining;
Given the agreement of the Minister of Employment and Solidarity,
Stop:

Article 1


The provisions of Article V constituting the agreement on the development and reduction of working time of 26 November 2001 annexed to the collective agreement National Working Party of 11 July 1975 concerning the staff of the equestrian centres shall be made compulsory for all employers and employees included in the occupational and territorial scope of the Convention, to The exclusion:
-from the words to read: " , within eight days of its commissioning " In the second paragraph of the part entitled: Scheduling of work " Article 2;
-2 of Article 5 B;
-the second paragraph of Article 6, entitled: Full right exemption " ;
-paragraphs 3, 5 and 6 of Article 1 of II relating to part-time work;
-the third paragraph of Article 1 of the IV relating to the intermittent employment contract;
-Article 1 of the V on hours of equivalence.

Article 2


The extension of this agreement is pronounced on the following reserves:
The third paragraph of the section entitled " Maintenance of the work schedule " Article 2 is extended subject to the application of the second paragraph of Article 2 of Article 2 of Decree No. 95-1073 of 28 September 1995 as amended with regard to the approval of the employee by his signature of the data relating to the time worked On the record of the duration of the work; this approval may not waive all or part of its rights.
The second paragraph of the paragraph entitled " Organisation of working time " Article 2 shall be extended subject to the application of the provisions of the third paragraph of Article 3 of Decree n ° 97-540 of 26 May 1997, as amended, on the time limits for the employee's prevenance with regard to the organisation of working time on the Days and half days of the week to be worked which must be known to employees before the beginning of the week.
The third paragraph of the paragraph entitled " Restriction on the organisation of work " Article 2 is extended subject to reserve:
-on the one hand, that, for undertakings or establishments which have already established night work within the meaning of Article L. 213-2 new of the Labour Code, compensatory rest which is due to workers At the level of the branch, or of the undertaking, or of the establishment, in accordance with Article 17 of Act No. 2001-937 of 9 May 2001 on professional equality between women and men until 12 May 2002; After that date in accordance with Articles L. 213-1 to L. 213-4;
-on the other hand, the application of the provisions of Articles L. 213-1 to L. 213-4 of the Labour Code, according to which the establishment in a company or Establishment of night work within the meaning of Article L. 213-2 or its extension to new categories of employees is subject to the conclusion of an extended branch agreement or an enterprise or establishment agreement which must contain the whole Clauses defined in Articles L. 213-1, third paragraph, and L. 213-4.
The first three paragraphs of the paragraph entitled " Compensation for Overtime " Article 4 shall be extended subject to the application of the second subparagraph of Article L. 713-17 of the Rural Code, which provides that the overtime worked in the course of the year, exceeding the upper limit of modulation, shall be Paid with the salary of the month.
The last paragraph of the paragraph entitled " Compensation for Overtime " Article 4 shall be extended subject to the application of the provisions of Article L. 713-7 of the Rural Code relating to replacement compensatory rest.
The provisions of Article 5 B shall be extended subject to the provisions of Article 5 (1). An increase of 10 % on overtime, the application of the provisions of Article 5-V of the Act of 19 January 2000, which reserves this possibility, for the year 2002, to enterprises with 20 employees or less.
In the Last part of Article 6, entitled " Special circumstances ", relating to the suspension of the weekly rest period, the last paragraph is extended subject to the application of the provisions of Article 7 of the Decree of 17 October 1975, the labour inspector to be notified Immediately and prior to the taking of work, except in cases of force majeure.
The first paragraph of the part entitled " Time management " Article 2 of II (Part-time work) on part-time work modulated is extended subject to the application of Article 2-II of Decree No. 95-1073 of 28 September 1995 as amended with regard to the posting of working hours, And subject to the second paragraph of the second paragraph of Article 2 of the aforementioned decree with regard to the approval of the employee by his signature of the data relating to the time worked on the register of the duration of the work, this approval cannot Take-up of all or part of its rights.
In Part III (Modulation of Working Time), the first paragraph C of Article 1 is extended subject to the application of the provisions of Article 8 of Decree No. 95-1073 of 28 September 1995 amended with respect to the posting of schedule changes and their transmission to the labour inspector prior to implementation.
The third paragraph of the paragraph entitled " Individualized forecast schedules " C of Article 1 of the III (Modulation of working time) is extended subject to the application of Article 2-II of Decree No. 95-1073 of 28 September 1995 as amended with regard to the posting of working hours, and subject to The application of the twenty-seventh paragraph of the I of Article 2 of the aforementioned decree with regard to the approval of the employee by his signature of the data relating to the time worked on the register of the duration of the work, this approval shall not The
paragraph of Article 1 of the IV (Intermittent Working Agreement) shall be extended subject to the application of Article L. 212-4-13 of the Labour Code relating to references to Must be included in the intermittent employment contract.

Article 3


The extension of the effects and sanctions of the amendment referred to in Article 1 shall be made from the date of publication of this Order for the period remaining to be run and the conditions laid down in the collective agreement of 11 July 1975.

Article 4


The Director of Operations, Social Policy and Employment is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done at Paris, 22 April 2002.


For the Minister and by delegation:

By preventing the Director of Operations,

from Social Policy and Employment:

The subdirector,

P. Dedinger


Note. -The text of this agreement has been published in the Official Bulletin of the Ministry, booklet Collective Agreements No. 2002/05 dated 1 March 2002, available at the Directorate of Official Journals, 26, rue Desaix, 75727 Paris Cedex 15, at the price of 7.10 EUR





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