Key Benefits:
Minister of Social Affairs, Labour and Solidarity and Minister of Equipment, Transport, Housing, Tourism and the Sea,
Considering articles L. 133-1 et seq. of the Labour Code;
In view of the decree of 16 March 1971 and the subsequent decrees, including the order of 20 July 2001, extending the national collective agreement of the personnel of the railway-handling companies and related works of 6 January 1970 and the texts that amended or supplemented it;
In view of the agreement of 6 May 2002 on night work concluded under the aforementioned national collective agreement;
Considering the request for extension submitted by signatory organizations;
Considering the opinion published in the Official Journal of 22 March 2003;
Considering the opinions collected during the investigation;
Having regard to the reasoned opinion of the National Collective Bargaining Commission (subcommission of agreements and agreements), rendered in session on 1 July 2003;
Considering that the above-mentioned agreement, which does not include all the mandatory clauses provided for in Article L. 213-4 of the Labour Code, does not permit the establishment, in a company or institution, of the night work within the meaning of Article L. 213-2 of the above-mentioned code or its extension to new categories of employees,
Stop:
Required, for all employers and all employees included in the scope of application of the national collective agreement of the personnel of the railway handling companies and related work of 6 January 1970, as amended by Act No. 8 of 8 October 1998 as extended by order of 9 April 1999, the provisions of the agreement of 6 May 2002 relating to night work, concluded in the framework of the above-mentioned national collective agreement, excluding the terms
The agreement is extended subject to the application of the provisions of articles L. 213-1 to L. 213-4 of the Labour Code, whereby the establishment, in a company or establishment, of the night work within the meaning of Article L. 213-2 of the aforementioned Code or its extension to new categories of employees is subject to the conclusion of an extended branch agreement or an agreement of enterprise or establishment that must contain
Article IV (Duration of night work) is extended subject to the application of the provisions of Article R. 213-4 of the Labour Code.
The extension of the effects and sanctions of the above-mentioned agreement shall be made on the date of the publication of this order for the remaining period and the conditions provided for in that agreement.
The Director of Labour Relations at the Ministry of Social Affairs, Labour and Solidarity and the Director of Land Transport at the Ministry of Equipment, Transport, Housing, Tourism and the Sea are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, July 22, 2003.
Minister of Social Affairs,
and solidarity,
For the Minister and by delegation:
By preventing the director
of labour relations:
The Deputy Director of Collective Bargaining,
P. Florentine
Minister of Equipment, Transportation,
housing, tourism and the sea,
For the Minister and by delegation:
By preventing the director
of Land Transport:
The Deputy Director,
J. Perret
Note. - The text of the above-mentioned agreement was published in the Official Gazette of the Ministry, fascicle collective agreements No. 2003/12, available at the Directorate of Official Journals, 26, rue Desaix, 75727 Paris Cedex 15 at the price of 7,23 EUR.
