Key Benefits:
Prime Minister,
On the report of the Minister of Transport, Equipment, tourism and the sea,
In view of Directive 2003 /88/EC of the European Parliament and of the Council of 4 November 2003 on certain aspects of the organisation of working time;
Given the Labour Code;
Given the Act of 3 October 1940 on the regime of the work of railway agents, in particular Article 2;
In view of the Law on the Guidance of Inland Transport No. 82-1153 of 30 December 1982, as amended, in particular Articles 9, 10, 11, 27 and 28;
Seen the Decree No. 2000-118 of 14 February 2000 on the duration of employment in transport undertakings Urban public passenger;
In light of Decree No. 2002-1622 of 31 December 2002 approving the nomenclatures of activities and products;
After consulting the trade unions representative of employers and employees,
Decline:
The first paragraph of Article 2 of the decree Of February 14, 2000, replaced by the following provisions:
" The weekly working time is set at thirty-five hours. It shall be averaged over a work organisation cycle as defined in Article 3 or in accordance with the provisions of Article 4. An enterprise or establishment agreement may provide for provisions more favourable to employees than those laid down in Articles 3 and 4. "
Article 3 of the aforementioned Decree of 14 February 2000 is amended as follows.
I.-In the first paragraph, the words: And apply in the absence of an enterprise agreement " Are deleted.
II. -The fourth paragraph is supplemented by the following words: If they exist ".
In Article 4 of the aforementioned decree of 14 February 2000, the words: " Except for derogations provided for in this Decree " Are deleted.
In the last paragraph of Article 6 of the decree of 14 February 2000, the words: And labor " And the words: " Responsible for the interregional directorate concerned with the inspection of transport labour " Are deleted.
I. -The second paragraph of Article 7 of the Decree of 14 February 2000 is replaced by the following provisions:
" The duration of the amplitude cannot be longer than 11 hours. However, after the opinion of the works or establishment committee or, failing that, staff delegates if they exist, the amplitude can be extended under the following conditions:
1 ° When the weekly working time is spread over Less than five days, up to thirteen hours;
2 ° In other cases, where the conditions of operation of the service make it necessary, up to thirteen hours within the limit of 35 % of the number of services of the applicable reference period In the enterprise for the calculation of the duration of the work. "
II. -The amplitudes exceeding thirteen hours and no more than 14 hours stipulated in business agreements concluded prior to 15 February 2000 and providing for adequate counterparties shall remain in force.
III. -The third paragraph of Article 7 of the Decree of 14 February 2000 is deleted.
Article 8 of the decree of 14 February 2000 referred to above is amended accordingly It follows:
I.-The second paragraph is replaced by the following:
" However, in order to take account of the activity of undertakings of the branch characterised by the need to ensure continuity of service, the minimum daily rest period may be less than eleven hours without being able to be less than ten Hours, under conditions established by an extended branch collective agreement. "
II. -The third paragraph shall be replaced by the following:
" For employees of establishments or parts of establishments engaged in the mode of work by teams working on three successive eight-hour periods, for replacement personnel, or for staff involved in the transition From an evening service to a morning service, the minimum daily rest period may be less than 11 hours without being less than nine hours. "
III. -The fourth paragraph shall be replaced by the following:
" Without prejudice to the provisions of the second and third subparagraphs of this Article, the reduction of the daily rest period within eleven hours may, in the case of temporary additional activity, be authorised by the labour inspector of the Under the conditions laid down in Article 6 of this Decree. "
IV. -It is supplemented by the following paragraph:
" The reduction of the daily rest period within eleven hours shall give rise to the assignment of periods of at least equivalent rest periods to the employees concerned at the latest before the end of the calendar week following the week during which the daily rest period is Reduced. This compensatory rest period shall be contiguous to a daily or weekly rest period. "
Article 9 of the aforementioned Decree of 14 February 2000 is amended as follows:
I.-The second subparagraph is replaced by the following provisions:
" The maximum period of work between two weekly rest periods may be extended to seven days, with the agreement of the employee, in order to ensure the replacement of an absent employee, after informing the transport labour inspector. In all cases, the employee shall be given appropriate compensation, defined by an enterprise or establishment agreement. "
II. -The third paragraph shall be replaced by the following:
" The weekly rest period may be reduced in the case of the passage of an evening service to a morning service, for a period of less than thirty-five hours without being less than twenty-four consecutive hours, provided that at least one period Equivalent of rest shall be granted to the employees concerned no later than the end of the third calendar week following the week during which the weekly rest period has been reduced. This compensatory rest period shall be contiguous to a daily or weekly rest period. Each employee concerned must be given once a month, in the context of a statement attached to his pay sheet, the state of his weekly rest not taken: this state must clearly distinguish the weekly rest hours not already taken Offset in the month under consideration and the hours remaining to be compensated. Staff delegates can consult these statements. "
The third paragraph of Article 10 of the Decree of 14 February 2000 is replaced by the following:
" An employee whose daily working time is longer than six hours shall be granted a break of at least twenty minutes. This cut consists, in particular, of meal times, availability times, waiting times in terminals and different periods of inactivity or interruption already planned or integrated in the different labour organisations For at least five consecutive minutes. For technical reasons of operation, the cut-off period may be replaced by an equivalent period of compensatory rest allocated at the latest before the end of the following day.
" The lunch break is at least forty-five minutes. Where an agent in service between 11.30 a.m. and 14 hours does not, in this interval, benefit from a meal break or when the meal is not at least forty-five minutes, the agent shall be entitled to a consideration determined by agreement Extended branch or business agreement. "
In the first paragraph of Article 11 of the decree of 14 February 2000, the words: Article 2 of this Decree, as specified in Articles 3 and 4 " Are replaced by the words: " Articles 2, 3 and 4 of this Decree ".
Minister of State, Minister of Interior and Spatial Planning, Minister of Employment, social cohesion and housing, the Minister for equipment, transport, tourism and the sea and the Minister responsible for employment, work and vocational integration of young people are responsible, each as far as they are concerned, The execution of this Decree, which will be published in the Official Journal of the French Republic.
Done at Paris, 19 July 2006.
Dominique de Villepin
By the Prime Minister:
The Minister of Transport, Equipment,
for Tourism and the Sea,
Dominique Perben
The Minister of State,
Minister of the Interior
and the development of the Territory,
Nicolas Sarkozy
The Minister of Employment,
de la Cohesion sociale et du logement,
Jean-Louis Borloo
The Minister delegated to the job, to the
job, and to the professional integration of the Young,
Gérard Larcher
