Key Benefits:
The Minister of Labour, Social Relations and Solidarity,
In view of the Labour Code, in particular Articles L. 133-1 and following;
In view of the Order of 5 July 2000 and the Successive orders, in particular the decree of 3 January 2007, extending the national collective agreement for private education at a distance of 21 June 1999 and of texts amending or supplementing it;
Having regard to the amendment No. 1 of 11 September 2006, Relating to the modulated work, to the agreement of 16 May 2000 on the reduction of working time, concluded in the framework of the abovementioned collective agreement;
Having regard to the amendment n ° 2 of 11 September 2006, relating to the provisions specific to executives, to The Agreement of 16 May 2000 on the reduction of working time, concluded in the framework of the Collective agreement referred to above;
Given the request for extension submitted by the signatory organizations;
In view of the notice published in the Official Journal of November 30, 2006;
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 10 July 2007,
Stop:
Are made mandatory for all employers and employees included in the field Application of the national collective agreement on private education at a distance of 21 June 1999, the provisions of:
-Amendment No 1 of 11 September 2006, relating to the modulated work, to the agreement of 16 May 2000 on the reduction of time In the framework of the aforementioned collective agreement, to the exclusion of:
-the second subparagraph of Article A. 4 (period of modulation of the schedule), as contrary to Article L. 212-8 of the Labour Code, as amended by Act No. 2003-47 of 17 January 2003, and fixing the annual limit of modulation to 1,607 Hours in a uniform manner and without regard to the balance of leave with pay, as is the case before the said Act. Under this Article, a collective agreement may provide for a collective reduction applicable to all employees concerned, but it cannot allow an individual reduction of that ceiling in a different way to each employee Taking into account the days of paid leave remaining due or already taken;
-terms: " , for employees who may claim, having regard to their time of presence in the undertaking, to full rights in respect of paid leave ", in the first paragraph of Article A. 9 (excess hours over the period of modulation), as Being contrary, for the same reason as above, to Article L. 212-8 of the Labour Code;
-Amendment No 2 of 11 September 2006, relating to the framework-specific provisions, to the Agreement of 16 May 2000 on the reduction of the Working time, concluded within the framework of the above collective agreement, to the exclusion:
-the sixth paragraph of the new Article 3 of paragraph E of Article III of the branch agreement of 16 May 2000 ("The employment contract determines the number of days on the basis of which the package is defined"), as contrary to the provisions of Article L. 212-15 -3 of the Labour Code, according to which it is the agreement or collective agreement providing for the conclusion of packages in days that it is up to fix the number of days worked, and Not to the contract of employment;
-terms: " ", contained in the seventh paragraph of new paragraph 3 of paragraph E mentioned above, as contrary to the provisions of Article L. 212-8 of the Labour Code. According to this Article, modulation is a device which consists in varying the weekly working time over all or part of the year, provided that, over a period of one year, this period does not exceed 1 607 hours. The modulation is therefore incompatible with a package agreement in days;
-the ninth paragraph of the new Article 3 of paragraph E mentioned above, as contrary to the provisions of Article L. 212-15 -3 (III) of the Labour Code. This paragraph, which does not fall within one of the exceptions to the statutory ceiling of 218 days provided for in Article L. 212-15 -3 (III) of the Labour Code, cannot allow an exceedance of this ceiling which takes account of the number of days of leave Annual not taken;
-terms: " Of modulation ", contained in the nineteenth paragraph of new paragraph 3 of paragraph E above, as contrary to the provisions of Article L. 212-8 of the Labour Code. Modulation is a device which consists in varying the weekly working time over all or part of the year, provided that, over a period of one year, this period does not exceed 1 607 hours. It is therefore incompatible with a package convention in days.
The extension of the effects and sanctions of the riders Shall be made from the date of publication of this Order for the remaining time to be run and the conditions laid down by such endorsements.
The job manager is responsible for The execution of this Order, which will be published in the Official Journal of the French Republic.
Done at Paris, July 18, 2007.
For the Minister and by delegation:
The general manager of the job,
J.-D. Combrexelle
Note. -The texts of the amendments mentioned above have been published in the Official Bulletin of the Ministry, collective agreements no. 2006/45, available at the Directorate of Official Journals, 26, rue Desaix, 75727 Paris Cedex 15, at 7.61.
