Key Benefits:
The Minister of Employment, Social Cohesion and Housing
In view of Articles L. 133-1 and following of the Labour Code;
Having regard to the Order of 3 August 1987 and the successive orders, in particular the Order of 13 December 2004, extending the national collective agreement of the installation undertakings without Manufacturing including maintenance, repair, troubleshooting of aeraulic, thermal and refrigeration equipment of 21 January 1986 and of the texts which modified it or completed;
In view of the agreement of 7 December 2004 on professional training concluded As part of the above collective agreement;
Seen the application Extension submitted by the signatory organizations;
Due to the notice published in the Official Journal of April 2, 2004;
In view of the opinions gathered during the investigation;
Given the reasoned opinion of the National Commission for Collective Bargaining (Sub-Committee on Conventions and Agreements), delivered at the session of 8 July 2005,
Stop:
Are made mandatory for all employers and employees included in the field Application of the national collective agreement for non-manufacturing companies, including maintenance, repair, troubleshooting of aeraulic, thermal and refrigerating equipment of 21 January 1986, the provisions of the agreement of 7 December 2004 on vocational training, concluded under the Convention Of the above exclusion:
-from the sentence: " And any employee, entered into the business before 1 January 2005, will have a right vested in the DIF from 20 hours to 1 January 2006 " As an example in paragraph (b) of the paragraph " The acquisition of the right " Article 7 (Individual right to training), as contrary to the provisions of Articles L. 933-1 and L. 933-2 of the Labour Code, under which all employees, including those entering or leaving in the course of the year, must Benefit from 120 hours of training after six years of service;
-the second sentence of the fourth paragraph of the paragraph " The application of the SRI " Article 7 referred to above, as contrary to the provisions of Article L. 933-4 of the Labour Code.
The last paragraph of Article 1 (The Balanced Observatory for Trades and Qualifications) is extended subject to the application of Provisions of Article R. 964-16-1 (5 °) of the Labour Code and Article 2 of the Decree of 21 February 2005 published in the Official Journal of 5 March 2005 concerning the ceiling on the operating costs of the prospective observatories of the trades and Qualifications referred to in R. 964-16-1.
The second paragraph Paragraph 2 (On the initiative of the employer) of Article 4 (The assessment of competences) is extended subject to the application of the provisions of Article L. 932-1 of the Labour Code, which envisage and govern the various modalities Articulation of working hours and training as part of the training plan.
Paragraph " Support modalities " Article 7 (The individual right to training) shall be extended subject to the application of the provisions of Article R. 964-16-1 of the Labour Code, under which the Joint Disciplinary Body approved for professionalisation does not May take charge in the context of the individual right to training as well as the educational costs, excluding the remuneration paid during training time and the training allowance.
Article 8 (Professionalization contracts) Is extended subject to the provison that in any case the remuneration of employees Under contract of professionalisation aged less than twenty-six years is not less than the percentages of the minimum growth wage set out in Articles L. 981-5 and D. 981-1 of the Labour Code.
The last paragraph of Article 12 (Provisions The provisions of Article R. 964-1-4 (b) of the Labour Code under which the rules for the determination of actions giving rise to the Intervention by the recognised joint collecting body and the distribution of
last paragraph of Article 13 (Financial provisions relating to undertakings employing 10 or more employees) is extended subject to the The application of the provisions of Article R. 964-1-4 (b) of the Labour Code according to which the rules for the determination of actions giving rise to intervention by the recognised joint collecting body and the allocation of resources between them Action shall be determined by the act of incorporation of the said body.
The extension of the effects and sanctions of the above agreement shall be made from the date of publication of this Order for the duration Remaining to be run and the conditions laid down by the said agreement.
The Director of Labour Relations shall be responsible for The execution of this Order, which shall be published in the Official Journal of the French Republic.
Done at Paris, July 13, 2005.
For the Minister and by delegation:
By preventing the
Director from working relationships:
The civil administrator,
A. Breaud
Note. -The text of the amendment referred to above has been published in the Official Bulletin of the Ministry, collective agreements No. 2005/7, available at the Directorate of Official Journals, 26 rue Desaix, 75727 Paris Cedex 15, at a price of 7.50.
