Key Benefits:
The Minister of Employment and Solidarity and the Minister of Equipment, Transport and housing,
Having regard to Articles L. 133-1 and following of the Labour Code;
In the light of the Decree of 10 January 1994 and the successive orders, in particular the Order of 10 November 2000 extending the national collective agreement of the Ground personnel of the air transport undertakings of 22 May 1959 and of texts amending or supplementing it;
Having regard to the amendment No. 62 of 10 January 2001 (and its annex containing a main text [national collective agreement for air transport, Ground personnel] and 5 annexes [Annexes I, II, III, IV and V]) for the rewriting of the above-mentioned national collective agreement;
Given the request for extension by the signatory organisations;
In view of the opinion published in the Journal Official of August 7, 2001;
In view of the opinions gathered during the investigation;
In view of the reasoned opinion of the National Commission for Collective Bargaining (Sub-Committee on Conventions and Agreements) delivered in session on March 28, 2002,
Stop:
Are made mandatory for all employers and employees included in the scope of the National collective agreement of the ground personnel of the air transport undertakings of 22 May 1959, as amended by Amendment No 58 of 31 March 1998, the provisions of the Amendment No 62 of 10 January 2001 (and its Annex containing a main text [national collective air transport agreement, ground personnel] and 5 annexes [Annex I, II, III, IV and V] rewriting the aforementioned national collective agreement, excluding:
-the third subparagraph of paragraph b (posting and complaints) of Article 6 (election of staff representatives) of the main text referred to above, as contrary to the provisions of Articles L. 423-7 and L. 433-4 of the Labour Code, as interpreted by the case-law of the Court of Cassation;
-the third paragraph of paragraph c (polling station) of the aforementioned Article 6, as contrary to the provisions of Articles L. 67, R. 47 and R. 67 of the Election Code;
-of the words: Except in case of gross negligence " In the tenth paragraph of Article 15 (transfer to metropolitan territory) of the main text referred to above, as contrary to the provisions of Article L. 122-42 of the Labour Code, as interpreted by the case-law of the Court of Cassation;
-terms: " Having more than six months' seniority " In the first paragraph of 1 ° (at the request of the employee) of paragraph c (modification of the contract) of Article 24 (part-time work) of the main text referred to above, as contrary to the provisions of Article L. 212-4-9 of the Labour Code ;
-from the 4 ° of paragraph g (working time) of Article 24 mentioned above, as contrary to the provisions of Article L. 212-4-4 of the Labour Code;
-the first paragraph of Article 28 (kinship leave) of the main text referred to above, As contrary to the provisions of Articles L. 122-25-3, L. 122-26 and L. 122-28-8 of the Labour Code;
-terms: " After three months of business presence " And " Within the three-half day limit " Paragraph a (for female staff) of Article 28 referred to above, as contrary to the provisions of Article L. 122-25-3 of the Labour Code;
-point 2 of Article 5 (vocational training fund) of The agreement on vocational training of 27 December 1994 of Annex V (vocational training) referred to above, as contrary to the provisions of Article L. 952-2 of the Labour Code;
-point 5 of Article 5, above, by Consistency with the exclusion of the second and subsequent paragraphs of Article 1 of the Agreement of 21 March 1995 implementing Articles 6 and 7 of the Agreement of 27 December 1994 of Annex V above;
-Article 8 (implementation of training) The abovementioned Agreement of 27 December 1994, as contrary to the provisions of Article R. 964-1-4 of the Labour Code;
-the second and subsequent subparagraphs of Article 1 (of the development of apprenticeship) of the Agreement of 21 March 1995 As contrary to the provisions of Articles L. 118-3 and R. 119-1 of the Labour Code, Article 9 of Act No. 79-575 of 10 July 1979 and Decree No. 80-106 of 1 February 1980;
-of the words: And the balance sheets drawn up for young beneficiaries of these contracts " In Article 2 (of alternating contracts) of the Agreement of 21 March 1995 referred to above, as contrary to the provisions of Article 30 of the Financial Act for 1985 (No 84-1208 of 29 December 1984);
-third and The fourth subparagraphs of Article 5 (of the training plan for undertakings employing at least ten employees) of the Agreement of 21 March 1995 referred to above, as contrary to the provisions of Article L. 961-9 of the Labour Code;
-of the words: And Learning " In point 1 of Article 7 (tasks and powers of the Joint Professional Section) of the abovementioned Agreement of 21 March 1995, in coherence with the exclusion of the second and subsequent paragraphs of Article 1 of the Agreement of 21 March 1995 Above;
-terms: " Corresponding to the apprenticeship tax " In point 2 of Article 7 above, in coherence with the exclusion of the second and subsequent paragraphs of Article 1 of the abovementioned Agreement of 21 March 1995;
-of the following terms: ' Continuing vocational training for enterprises employing less than 10 employees " As mentioned in point 2 above, as contrary to the provisions of Article L. 952-2 of the Labour Code;
-of the word: ' Four " In point 2 above, consistent with the exclusions referred to in point 2;
-the first indent of point 4 of Article 7 mentioned above, in coherence with the exclusion of the second and subsequent paragraphs of Article 1 of the Agreement of 21 March 1995 mentioned above;
-the third indent of point 4 above, consistent with the exclusions in point 2;
-the first indent of point 5 of Article 7, in coherence with the exclusion of the second subparagraph and Pursuant to Article 1 of the Agreement of 21 March 1995 referred to above;
-of the following terms: Or less " In the third indent of paragraph 5 above, as contrary to the provisions of Article L. 952-2 of the Labour Code;
-terms: ' Qualifications and " As set out in the sixth indent of paragraph 5 above, as contrary to the provisions of Article R. 964-4 of the Labour Code;
-thirteenth paragraph of Article 8 (Administration of the Joint Professional Section) of the Agreement of 21 March 1995, in coherence with the exclusion of the second and subsequent paragraphs of Article 1 of the Agreement of 21 March 1995 referred to above;
-of the nineteenth and twentieth paragraphs of Article 8, as opposed to the Provisions of Article L. 952-2 of the Labour Code.
The second sentence of the second subparagraph of Article 3 (freedom of association and freedom of opinion) of the above mentioned main text is extended subject to the application of the provisions of Article L.
penultimate subparagraph of paragraph a (pre-election protocol) of Article 6 (elections of staff representatives) of the main text referred to above is extended subject to the provisions of Article L. 423-13 of the Work, as interpreted by the case-law of the Court of Cassation.
The fourth paragraph of Article 6 (b) (posting and claims) is extended without prejudice to the application of the provisions of Articles R. 423-3 and R. 433-4 of the Labour Code.
The fourth paragraph of Article 14 (decommissioning) of the above-mentioned main text is extended subject to the application of the provisions of Article L. 321-1-2 of the Labour Code.
The fourth paragraph of the Article 18 (collective redundancies) of the above main text is extended subject to the application of the provisions of Article L. 321-14 of the Labour Code.
The first paragraph of Article 20 (severance pay) of the main text referred to above is Extended subject to the application of the provisions of Articles L. 122-9 and R. 122-2 of the Labour Code.
The fourth paragraph of Article 20 is extended subject to the application of Articles R. 122-2 of the Work and 5 of the National Interprofessional Agreement of 10 December 1977 on the monthly payment, annexed to Article 1 of Law No. 78-49 of 19 January 1978 on the monthly payment and the conventional procedure.
Second indent of the seventh Paragraph 1 (at the request of the employee) of paragraph (c) (modification of the contract) of Article 24 (part-time work) of the main text referred to above shall be extended subject to the application of the provisions of Article L. 212-4-9 of the Work.
The second and third indents of the first paragraph of 2 ° (on the proposal of the employer) of the aforementioned paragraph are extended subject to the application of the provisions of Article L. 212-4-2 of the Labour
. The second subparagraph of paragraph e (individual guarantees) of Article 24 shall be extended without prejudice to the application of the provisions of Article L. 212-4-5 of the Labour
. Shall be extended subject to the application of the provisions of the second subparagraph of Article L. 212-4-4 of the Labour Code.
Paragraph h (paid leave) of Article 24 shall be extended subject to the application of Provisions of Article L. 223-2 of the Labour Code.
The third indent of the third subparagraph of Article 25 (absence) is extended subject to the application of the combined provisions of Article 8 of Act No. 99-944 of 15 November 1999 Article L. 226-1 of the Labour Code.
The last paragraph of Article 25 is extended subject to the application of the provisions of Articles L. 122-14-3 and L. The
paragraph of Article 27 (leave with pay) of the above-mentioned main text is extended subject to the application of the provisions of Articles L. 223-7 of the Labour Code and 8 of Act No. 99-944 of 15 November 1999 The
paragraph of 3 ° of the paragraph a (for female staff) of Article 28 (parentage leave) of the main text referred to above shall be extended without prejudice to the application of the provisions of the third paragraph of Article L. 122-26 of the Labour Code.
The first paragraph of Article 28 (b) (for female or male staff) of Article 28 is extended subject to the application of the provisions of Article L. 122-28-8 of the
second subparagraph of 3 ° of the aforementioned paragraph is extended subject to the application of the provisions of Article L. 122-28-9 of the Labour Code.
Article 30 (exceptional leave for family events) Shall be extended subject to the application of the provisions of Articles L. 122-20-1 of the Labour Code, 4 of the Interprofessional National Agreement of 10 December 1977 on the monthly payment, annexed to Article 1 of Law No. 78-49 of 19 January 1978 on the monthly payment and the conventional procedure, and 8 of Law No. 99-944 of 15 November 1999 on the Civil Solidarity Pact.
The second subparagraph of paragraph a (composition and operation of the NEPC) Article 40 (the National Joint Employment Committee) of the above-mentioned main text shall be extended subject to the application of the provisions of Article 4 of the National Interprofessional Agreement of 10 February 1969 on the security of employment
Article 5 (working time) of Annex I referred to above is extended subject to the application of the provisions of Article L. 212-15 -3 of the Labour Code, which provide for the need for a supplementary agreement including the mandatory clauses defined The
subparagraph of Article 6 (accident, sickness, occupational accident, occupational disease) of Annex I referred to above shall be extended without prejudice to the application of the The provisions of Article L. 122-24-4 of the Labour Code.
The third paragraph of Article 6 above is extended subject to the application of the provisions of Articles L. 122-14 and following of the Labour Code relating to the procedure The
paragraph of Article 10 (notice) of Annex I shall be extended subject to the application of the provisions of Articles L. 122-6 of the Labour Code.
The first paragraph of Article 12 (retirement) of Annex I shall be extended subject to the application of the provisions of the third paragraph of Article L. 122-14-13 of the Labour Code.
The second and third paragraphs of Article 12 above shall be extended subject to application The provisions of Article 6 of the Interprofessional National Agreement of 10 December 1977 on the monthly payment, annexed to Article 1 of the Law n ° 78-49 of 19 January 1978 on the monthly payment and the conventional
. 6 (Sunday and night work) of Annex II referred to above is extended subject to 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, shall be subject to the conclusion of an extended branch or enterprise or establishment agreement, which shall contain all the provisions defined in Article L. 213-4.
The second subparagraph of Article 10 (accident, sickness, occupational disease, occupational disease) of Annex II shall be extended without prejudice to the application of the provisions of Article L. 122-24-4 of the
third paragraph of Article 10 is extended subject to the application of the provisions of Articles L. 122-14 and following of the Labour Code relating to the dismissal procedure.
The first paragraph of Article 12 (retirement) of Annex II referred to above shall be extended subject to the application of the provisions of the third paragraph of Article L. 122-14-13 of the Labour Code.
The second and third paragraphs of Article 12 shall be extended under Reserve for the application of the provisions of Article 6 of the Interprofessional National Agreement of 10 December 1977 on the monthly payment, annexed to Article 1 of Act No. 78-49 of 19 January 1978 on the monthly payments and the procedure Article
(Sunday and night work) of Annex III referred to above is extended subject to the application of the provisions of Articles L. 213-1 to L. 213-4 of the Labour Code, according to which the implementation, in a Or an establishment, night work, within the meaning of Article L. 213-2, or its extension to new categories of employees, shall be subject to the conclusion of an extended branch or enterprise or establishment agreement, which shall contain All the provisions laid down in Article L. 213-4.
The second subparagraph of Article 14 (accident, sickness, occupational accident, occupational disease) of Annex III shall be extended without prejudice to the application of the provisions of Article L. 213-4. Article L. 122-24-4 of the Labour Code.
The third and fourth paragraphs of Article 14 are extended subject to the application of the provisions of Articles L. 122-14 and following of the Labour Code relating to the procedure The
paragraph of Article 16 (retirement compensation) of Annex III shall be extended subject to the application of the provisions of the third paragraph of Article L. 122-14-13 of the Labour
. Article 16 is extended without prejudice to the application of the provisions of Article 6 of the Interprofessional National Agreement of 10 December 1977 on the monthly payment, annexed to Article 1 of Act No. 78-49 of 19 January 1978
The agreement on vocational training in air transport of 4 June 1985 in Annex V referred to above is extended subject to the application of the provisions of Article L. 933-2 The
paragraph of Article 3 (accession to the IPC) of the Agreement relating to vocational training of 27 December 1994 of Annex V shall be extended subject to the application of the provisions of Articles L. 952-2 And R. 964-1-4 of the Labour Code.
Point 3 of Article 5 (vocational training fund) of the abovementioned Agreement of 27 December 1994 is extended subject to the application of the provisions of Article L. 933-2 of the Labour
. The second subparagraph of Article 5 (of the training plan for undertakings employing at least ten employees) of the Agreement of 21 March 1995 implementing Articles 6 and 7 of the Agreement of 27 December 1994 of Annex V referred to above shall be extended subject to The application of the provisions of Articles R. 950-3 and R. 964-13 of the Labour Code.
Point 1 of Article 7 (tasks and powers of the Joint Professional Section) of the Agreement of 21 March 1995 referred to above is extended subject to The application of the provisions of Article L. 952-2 of the Labour Code.
The fourth indent of point 5 of Article 7 is extended subject to the application of the provisions of Article R. 964-16-1 of the Labour Code.
The extension of the effects and sanctions of the aforementioned endorsement shall be made from the date of publication of this Order for the duration Remaining to be running and the conditions laid down by the said rider.
The Director of Labour Relations at the Department of The employment and solidarity and the Director General of civil aviation in the Ministry of Equipment, Transport and Housing shall each have responsibility for the execution of this Order, which shall be published in the Official Journal of the French Republic.
Done at Paris, April 29, 2002.
The Minister of Employment and Solidarity,
For the Minister and Delegation:
The Director of the Job relationships,
J.-D. Combrexelle
The Minister of Equipment,
for Transport and Housing,
For the Minister and by delegation:
By preventing the Director General
from civil aviation:
The general engineer Civil Aviation,
F.
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Note. -The text of the amendment referred to above has been published in the Official Bulletin of the Ministry, fascicles Collective Agreements No. 2001/18 dated 23 March 2001, available at the Official Journals Directorate, 26, rue Desaix, 75727 Paris Cedex 15, at 7.01 EUR
