JORF n ° 151, July 1, 2004 page 11988 text no. 60 order of 8 June 2004 on the extension of an amendment to the national collective agreement of artistic and cultural companies and an agreement concluded in the framework of the convention (No. 1285) NOR: SOCT0411232A ELI: not available the Minister of employment, labour and social cohesion, having regard to articles L. 133 - 1 and following of the labour code;
Seen the Decree of 4 January 1994 and successive orders, including the order of July 30, 2003, on the extension of the national collective agreement of artistic and cultural companies January 1, 1984 and texts the amending or supplementing it;
Having regard to the agreement of November 5, 2003 on the volume of employment and the length of contracts of performers of national drama centres, concluded in the framework of the aforementioned national collective agreement;
Given the endorsement of 16 December 2003 amending annex relating to artists creating interpreters permanent choirs to the collective agreement above national;
Having regard to the request for extension submitted by the signatory organizations;
Having regard to the notice published in the Official Journal of 28 January and 5 March 2004;
Having regard to the opinions collected during the investigation;
Having the opinion reasoned from the National Commission for collective bargaining (Sub-Committee on conventions and agreements), rendered in meeting of May 27, 2004, stop: section 1 are made mandatory for all employers and all including employees in the scope of the national collective agreement of business arts and culture January 1, 1984, as it follows from the amendment of 17 July 1997 as amended by the agreement of March 10, 1998, and as extended by Decree of June 12, 1998, the provisions of:-the agreement of November 5, 2003 on the volume of employment and the length of contracts of performers of national drama centres, concluded in the framework of the national collective agreement mentioned above, excluding:-of the last two sentences of the first paragraph and the second sentence of the second subparagraph of article 6 (duration of contracts of performers) as being contrary the provisions of article L. 122-14-3 of the labour code, under which a collective labour agreement may derogate from the provisions of public order in breach of a contract of indefinite duration at the initiative of the employer;
-from the first sentence of the second paragraph of article 6 above as being contrary to the provisions of II of article L. 122-1-2 of the labour code, pursuant to which the maximum duration of a fixed-term employment contract may not exceed 18 months;
-the endorsement of 16 December 2003 on the establishment of the annex relating to artists performers permanent choirs to the collective agreement above national.
The third paragraph of article III.1 (hours of work) of title III (Organisation and working time) 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 referred to above shall be extended subject to the application of the provisions of paragraph XV article 17 of Act No. 2001-397 of 9 May 2001 on professional equality between women and men.
The second paragraph of article XI.5.8 (Respect for schedules during travel) of title XI (Organisation and working time) extended subject to the application of the principle laid down by the case law of the Court of cassation (January 9, 2001, 25 February 1998), whereby professional expenses incurred by the employee are borne by the employer, unless otherwise agreed between the parties to the contract.
Article 2 the extension of effects and penalties of the endorsement and agreement referred to above is made from the date of the publication of this order for the remainder to run and the conditions laid down by the said endorsement and agreement.
Article 3 the Director of labour relations is responsible for the execution of 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 incapacity of the Director of labour relations: the Assistant Director of collective bargaining, P. Florentin Nota. -The texts of the Protocol and agreement referred to above have been published in the official Bulletin of the Ministry, fascicles collective No. 2004/4 (Agreement) and no. 2004/9 (Amendment), available at the Direction of the official journals, 26, rue Desaix, 75727 Paris Cedex 15, at the price of EUR 7.32.