Key Benefits:
Minister of Social Affairs, Labour and Solidarity,
In the light of articles L. 133-1 et seq. Of the Labour Code;
In view of the decree of 22 December 1989 and the successive orders, in particular the order of 20 December 2000, extending the national collective agreement of the master craftsmen of the footwear of 7 August 1989 which became the national collective agreement of the shoemakers by amendment n ° 7 of 17 June 1996, and of the texts supplementing it or amending it ;
In view of the agreement of 5 October 2001 on the reduction of working time and on enterprises in the industrial shoemaking sector employing less than twenty employees, concluded under the aforementioned collective agreement;
Vu The amendment of 5 October 2001 relating to the monthly gratuity and concerning Enterprises in the industrial shoemaking sector (regardless of their workforce) to the above collective agreement;
Given the request for extension submitted by the signatory organisations;
In view of the opinion published in the Official Journal of 14 November 2001;
In view of the opinions gathered during the survey;
Given the reasoned opinion of the National Commission for Collective Bargaining (Sub-Committee on Conventions and Agreements) delivered in session on March 28 and June 4, 2002,
Stop:
Are made mandatory for all employers and employees included in their fields Of application, falling within the scope of the national collective agreement of 7 August 1989, as the result of Amendment No 15 of 21 June 2000, the provisions of:
1. The agreement of 5 October 2001 on the reduction of working time and on enterprises in the industrial shoemaking sector employing less than 20 employees, excluding:
-of the phrase " And undertake not to use them, except in exceptional circumstances, during periods of over-activity set at a maximum of thirteen weeks and communicated by the employer at the beginning of the reference period ", and the sentence" This shall not cause the undertaking to postpone rest beyond the reference period " in the second indent of Article 4, paragraph 2, which are contrary to Article L. 212-9 (II) of the Labour Code;
-of the Member Phrase " And undertake not to use them, except in exceptional circumstances, during periods of possible overactivity set at a maximum of thirteen weeks and communicated by the employer at the beginning of the reference period ", and of the sentence" This should not cause the undertaking to postpone rest beyond the reference period ", appearing in the fourth indent of paragraph 3 of Article 4, which are contrary to Article L. 292-9 (paragraph II) of the Labour Code;
-of the word" Calendars " Appearing in the first sentence of the third indent of paragraph 4 of Article 4, which is contrary to Article L. 212-8 (seventh subparagraph) of the Labour Code (employees to be notified of changes in their working hours within a period of seven Working days at least before the date on which this change is to take place);
-the final paragraph of Article 4, which is contrary to Article L. 212-9 (II) of the Labour Code;
-the first paragraph of Article 9 and the Terms " Therefore " Which are contrary to Article L. 212-4 (1st subparagraph) of the Labour Code.
Article 1 is extended subject to the application of Article L. 132-23 of the Labour Code.
The first Paragraph of Article 2 shall be extended subject to the application of Articles L. 212-7-1, L. 212-8 and L. 212-9 (paragraph II) of the Labour Code, as the implementation of these arrangements for the organisation of working time is conditional on Extension.
The second paragraph of Article 2 is extended subject to the application of Article 19 (paragraph II) of Law No. 2000-37 of 19 January 2000, as the direct access to the benefit of the reduction of social security contributions is conditional on the extension.
Article 4, paragraph 1, is extended subject to The application of Article L. 212-7-1 of the Labour Code, as:
-the distribution of work duration within a cycle must be repeated in the same cycle from one cycle to the next;
-will be overtime hours exceeding the 35-hour average over the cycle time.
The Article 4, paragraph 4, is extended subject to the application of Article L. 212-8 (5th paragraph) of the Labour Code, as the agreement does not contain two of the legally required clauses (modalities for the use of temporary work; right to Compensatory rest for employees who have not worked throughout the period and Of employees whose contract has been broken in the course of the contract), these points will have to be specified in a supplementary agreement.
Article 4, paragraph 5, is extended subject to the application of Article L. 212-1 (1st subparagraph) of the Work, as, in the modality of reduction of the working time stipulated, the counting of the duration of work shall be carried out within the strict framework of the week.
The second, third and fourth paragraphs of Article 5 shall be extended, Reservation of the application of Article 32 (paragraphs I and II) of Law No. 2000-37 of 19 January 2000.
The second and third indents of the second subparagraph of Article 9 are extended subject to the application of Article L. 212-4 (2nd paragraph) of the Labour Code, as the stipulated times shall nevertheless constitute working time Whether the criteria laid down in the first subparagraph of Article L. 212-4 are
. The endorsement of 5 October 2001 on the monthly gratuity and on enterprises in the industrial shoemaking sector (irrespective of their strength), excluding the words " Except the case of dismissal for gross negligence or gross negligence " In the first sentence of the first paragraph of Article 9 of the Convention, as set out in Article 1, which is contrary to Article L. 122-42 of the Labour Code.
The extension of the effects and sanctions of the aforementioned agreements shall be made from the date of publication of this Order for the remaining duration and the conditions set out in those agreements. Agreements.
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, July 23, 2002.
For the Minister and by delegation:
The Director of Labour Relations,
J.-D. Combrexelle
Note. -The text of the aforementioned agreements has been published in the Official Bulletin of the Ministry, collective agreements No. 2001/43 of 23 November 2001, available at the Directorate of Official Journals, 26 rue Desaix, 75727 Paris Cedex 15, at the price of 7.10 EUR
