Key Benefits:
The Minister of Employment, work and social cohesion,
In view of Articles L. 133-1 and following of the Labour Code;
In view of the Order of 4 January 1994 and the successive orders, in particular the decree of 30 July 2003, extending the national collective agreement for artistic and cultural undertakings of 1 January 1984 and of texts amending or supplementing it;
Having regard to the agreement of the 5 November 2003 on the volume of employment and the duration of the contracts of the performers of the national drama centres, concluded within the framework of the aforementioned national collective agreement;
Having regard to the amendment of 16 December 2003 establishing Of the Annex on Performers of Permanent Choirs to the National collective agreement referred to above;
Given the request for extension submitted by the signatory organizations;
In view of the notices published in the Official Journal of January 28 and March 5, 2004;
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 27 May 2004,
Stop:
Are made mandatory for all employers and employees included in the field Application of the national collective agreement of the artistic and cultural undertakings of 1 January 1984, as the result of the amendment of 17 July 1997, as amended by the Agreement of 10 March 1998, and as extended by order of 12 June 1998, the Provisions of:
-the agreement of 5 November 2003 on the volume of employment and the duration of the contracts of the performers of the national drama centres, concluded within the framework of the aforementioned national collective agreement, excluding:
-the last two sentences of the first subparagraph and the second sentence of the second subparagraph of Article 6 (Duration of performers' contracts) as contrary to the provisions of Article L. 122-14-3 of the Labour Code, to the words A collective labour agreement may not derogate from the public policy provisions relating to the termination of an indefinite employment contract at the initiative of the employer;
-the first sentence of the second subparagraph of Article 6 Referred to above as contrary to the provisions of Article L. 122-1-2 of the Code Work, according to which the maximum duration of a fixed-term employment contract may not exceed eighteen months;
-the amendment of 16 December 2003 creating the annex relating to the performers of permanent choirs à la The
paragraph of Article III.1 (Duration of work) of Title III (Organisation and duration of work) shall be extended subject to the application of the provisions of the first paragraph of Article L. 212-8 of the Labour Code.
Article III.7 (Night Work) of Title III Is extended subject to the application of the provisions of paragraph XV of Article 17 of Act No. 2001-397 of 9 May 2001 on professional equality between women and men.
Second paragraph of Article XI.5.8 (Compliance with the hours of travel) of Title XI (Organisation and duration of work) is extended subject to the application of the principle laid down in the case-law of the Court of Cassation (9 January 2001, 25 February 1998), according to which the costs Employees engaged by the employee are supported by the employer, unless otherwise agreed Between the parties to the contract.
The extension of the effects and sanctions of the amendments and agreement referred to above shall be made from the date of the Publication of this Order for the remaining time to be run and the terms and conditions of those amendments and agreements.
The Job relations director is responsible for the execution of the This Order, which will be published in the Official Journal of the French Republic.
Done at Paris, June 8, 2004.
For the Minister and by delegation:
By impediment The
Manager for Labour Relations:
The collective bargaining sub-director,
P. Florentine
Note. -The texts of the amendments and agreement mentioned above have been published in the Official Bulletin of the Ministry, collective agreements n ° 2004/4 (agreement) and n ° 2004/9 (amendment), available at the Official Journals Directorate, 26 rue Desaix, 75727 Paris Cedex 15, at price of 7.32 EUR
