JORF n ° 182 of 6 August 2002 page 13468 text no. 77 Decree of 26 July 2002 on extension of an addendum to the national collective agreement of the estate NOR: SOCT0211157A ELI: not available the Minister of Social Affairs, labour and solidarity, given the articles L. 133 - 1 and following of the labour code;
Given the Decree of 24 February 1989 and the successive orders, including the Decree of 25 September 2001, with the extension of the national collective agreement of law firm administrators of property and real estate companies, updated to September 9, 1988, and texts amending it or complete, including rider No. 3 of 27 October 1989 into national real estate collective agreement;
Seen the rider No. 20 bis of 6 November 2001 amending and supplementing the provisions of Amendment No. 20 of November 29, 2000 to the abovementioned collective agreement, relating to development and the reduction of working time;
Given the request for extension made by the signatory organizations;
See the notice published in the Official Journal of January 26, 2002;
Seen the opinions gathered during the investigation;
Seen notices motivated of the National Commission for collective bargaining (Sub-Committee of the conventions and agreements), rendered on 4 June and 2 July 2002 session and, in particular, the double opposition made by representatives of two unions of employees.
Whereas the extension of the endorsement above allows all the employees concerned by the scope to benefit from a reduction of working time device;
Whereas organizations representing signatories of the aforementioned endorsement have, in accordance with the freedom of the conventional, fixed objectives as well as rules and procedures that they felt appropriate to the particular situation of the branch;
Considering that the above-mentioned amendment is not contrary to the legislative and regulatory provisions in force, under the following reservations, stop: Article 1 are made mandatory, for all employers and all employees included in the scope of the national collective agreement of real estate, amended by endorsement No. 3 of 27 October 1989 such as extended by Decree of 20 April 1990 and by endorsement No. 14 of June 2, 1996 the provisions of Amendment No. 20 bis of 6 November 2001 amending and supplementing the provisions of Amendment No. 20 of November 29, 2000 to the collective agreement referred to above, relating to development and the reduction of working time to the abovementioned collective agreement.
Article 2 is extended subject to the application of the provisions of article 32 of Act No. 2000-37 of 19 January 2000, that employees will have a maintenance of the level of their remuneration during the implementation of the reduction of working time.
Article 3 is extended provided that a supplementary agreement extended branch or company sets, when the period of legal concern is lowered within 7 days, the new deadline of thoughtfulness is applicable in case of change of the dates for taking rest days, in accordance with the provisions of article L. 212 - 9 (II) of the labour code.
Article 4 is extended on condition that, in accordance with the provisions of article L. 212 - 8 of the code of labor, an additional extended branch or Enterprise agreement determines the right to compensatory rest of employees who have not worked during the entire period of modulation and employees whose employment contract has been broken during the same period.
The last sentence of the fifth paragraph of article 4 is extended subject to the application of the provisions of articles L. 145 - 2 and R. 145 - 2 of the labour code, which specify the conditions under which the attachable portion of the compensation is determined.
Article 5 is extended subject, according to the II of article L. 212-15-3 of the code of labour, a supplementary agreement of branch extended or corporate fixed annual hours on which the plan is established.


Article 2 the extension of the effects and sanctions of the above-mentioned endorsement is made from the date of the publication of this order for the remaining term and conditions provided for in the friendly.


Article 3 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, on 26 July 2002.
For the Minister and by delegation: the Director of labour, j. relationships. Combrexelle note. -The text of the abovementioned amendment was published in the official Bulletin of the Ministry, conventions issue collective No. 2001/52 dated 25 January 2002, available at the Direction of official gazettes, 26, Desaix, 75727 Paris Cedex 15 Street, at the price of EUR 7.01.