Key Benefits:
The National Assembly and the Senate adopted,
Vu la Constitutional Council decision No. 2007-556 DC of 16 August 2007;
The President of the Republic enacts the following legislation:
This Act is applicable to the regular public transport services of non-tourist persons.
These services are essential to the population as they enable the implementation of the following constitutional principles:
- freedom to go and come;
- freedom of access to public services, including health, social and educational services;
- freedom of work;
- freedom of trade and industry.
For the purposes of this Act:
1° "Transporting company": any company or company, which is responsible for a public service mission of regular land transport of non-tourist persons;
2° "Transport Authority": any public community, grouping of public authorities or competent public institution, directly or by delegation, for the institution and organization of a regular ground transportation service of non-tourist persons.
I. - In the transport companies referred to in Article 1, the employer and representative trade union organizations undertake negotiations for the signing, before January 1, 2008, of a framework agreement organizing a conflict prevention procedure and aiming to develop social dialogue. In these undertakings, a notice of strike may only be filed after a prior negotiation between the employer and the representative trade union organization(s) that are considering giving notice. The framework agreement sets the rules for the organization and conduct of this negotiation. These rules shall be in accordance with the conditions laid down in II. This section applies without prejudice to the provisions of Article L. 521-3 of the Labour Code.
Negotiations are also under way at the branch level for the signing, by 1 January 2008, of an agreement organizing a conflict prevention procedure and for the development of social dialogue. This branch agreement sets the rules for the organization and conduct of the preliminary negotiation referred to in the first paragraph. These rules shall be in accordance with the conditions laid down in II. The branch agreement applies to transport companies where no framework agreement could be signed. The regularly negotiated framework agreement applies, upon signature, to the place and place of the branch agreement.
A decree in the Council of State taken after consultation with trade union organizations representative of employers and employees of the sectors of activity concerned sets out the rules for the organization and conduct of the preliminary negotiations referred to in the first paragraph in the transport companies where, on the date of January 1, 2008, no framework agreement could be signed and no branch agreement applies. The organizational and procedural rules thus provided are in accordance with the conditions laid down in II. The branch agreement or the framework agreement regularly negotiated after that date shall apply, as soon as it is signed, to the place and place of that order.
II. - The framework agreement, the branch agreement and, if applicable, the decree in the Council of State provided for in I shall determine, inter alia:
1° The conditions under which a representative trade union organization shall notify the employer of the grounds for which it intends to file a notice of strike in accordance with Article L. 521-3 of the Labour Code;
2° The period in which, from that notification, the employer is required to bring together representative trade union organizations that made the notification. This period may not exceed three days;
3° The duration of the notification by the employer and the representative trade union organizations are available to conduct the preliminary negotiation referred to in I. This period may not exceed eight free days from this notification;
4° The information that must be transmitted by the employer to the representative trade union organizations that have made the notification in order to promote the success of the negotiation process, as well as the time limit within which such information must be provided;
5° The conditions under which the prior negotiation between representative trade union organizations that made the notification and the employer takes place;
6° The modalities for the preparation of the preliminary negotiation conclusions statement and the information to be included;
7° The conditions under which employees are informed of the reasons for the conflict, the position of the employer, the position of the representative trade union organizations that made the notification and the conditions under which they receive the statement of conclusions of the preliminary negotiations.
III. - The conflict prevention procedures set out in the framework agreements signed on 30 May 1996, 23 October 2001 and 20 February 2006 at the Régie autonome des transports parisiens and 28 October 2004 at the Société nationale des chemins de fer français, as well as those provided for in the agreements reached in other transport companies before 1 July 2007, are brought into conformity, by way of becoming, with this article by 1 January 2008.
Where a notice has been filed under the conditions set out in Article L. 521-3 of the Labour Code by one or more representative trade union organizations, a new notice may not be filed by the same organization or organization and for the same reasons as after the notice period in progress and before the procedure provided for in Article 2 has been implemented.
I. - After consultation with users when a representative structure exists, the transport organizing authority defines priority services in the event of predictable traffic disruption.
Disruptions resulting from:
- strikes;
- work plans;
- technical incidents, as long as thirty-six hours have elapsed since their occurrence;
- weather hazards, as long as a period of thirty-six hours has elapsed since the outbreak of a weather warning;
- any event that has been brought to the attention of the transport company by the representative of the State, the transport organizing authority or the infrastructure manager for thirty-six hours.
To ensure priority desserts, the transport organizing authority determines different levels of service according to the importance of the disruption. For each level of service, it sets the frequencies and time ranges. The minimum level of service must prevent a disproportionate violation of the freedom to go and come, freedom of access to public services, freedom of work, freedom of trade and industry and the organization of school transport. It corresponds to the basic needs of the population. It must also ensure access to the public education service on national examination days. It takes into account the special needs of persons with reduced mobility.
Service priorities and different levels of service are made public.
II. - The transport company develops:
- a transport plan adapted to the service priorities and service levels defined by the transport organizing authority, which specifies, for each level of service, the time ranges and the frequencies to be ensured;
- a user information plan in accordance with the provisions of Article 7.
After consultation with the staff representative institutions, it submits these plans to the approval of the transport organization authority.
III. - The plans referred to in II are made public and incorporated into the operating conventions concluded by the transport operator authorities with the transport companies. The current conventions are amended to this effect by 1 January 2008. They can be by way of coming. Local authorities are informed, in a direct and prior manner, of the service plans and the schedules that are maintained.
IV. - The representative of the State shall be kept informed by the transport authority of the definition of priority desserts and expected levels of service, as well as the development of plans referred to in II and their integration into the operating conventions.
In the event of a lack of the transport authority, and after a stay, the representative of the State shall determine the priorities for service or approve the plans referred to in II.
I. - In transport companies, the employer and representative trade union organizations are engaged in negotiations for the signing, by January 1, 2008, of a collective agreement for the predictability of the service applicable in the event of a predictable disruption of traffic or strike.
The collective service predictability agreement identifies, by trade, function and level of competence or qualification, the categories of agents and their personnel, as well as the material means, essential to the execution, in accordance with the applicable security rules applicable to the company, of each of the levels of service provided for in the appropriate transport plan.
It sets out the conditions under which, in the event of a foreseeable disruption, the organization of work is revised and the available staff reassigned to allow the implementation of the appropriate transport plan. In the event of a strike, the available staff are the non-gathering company personnel.
If no agreement applies on January 1, 2008, a predictability plan is defined by the employer.
The agreement or plan shall be notified to the representative of the State and to the transport authority.
A collective service predictability agreement that comes into force as of January 1, 2008, in accordance with the provisions set out in the preceding paragraphs, applies instead of the predictability plan.
II. - In the event of a strike, employees in the categories of agents referred to in I shall inform, no later than 48 hours before participating in the strike, the head of business or the person designated by him of their intention to participate. Information from these individual statements can only be used for the organization of the service during the strike. They are covered by professional secrecy. Their use for other purposes or their communication to any person other than those designated by the employer as responsible for the organization of the service is subject to penalties set out in section 226-13 of the Criminal Code.
A disciplinary penalty shall be imposed on an employee who has not informed his employer of his intention to participate in the strike under the conditions laid down in the first paragraph of this II.
I. - From the beginning of the strike, the parties to the conflict may decide to appoint a mediator, chosen by mutual agreement, for the purpose of promoting the friendly settlement of their disputes. The mediator shall have the powers referred to in Article L. 524-2 of the Labour Code to exercise his or her mission. It ensures the loyalty and sincerity of the possible consultation under the II of this article.
II. - Beyond eight days of strike, the employer, a representative trade union organization or the designated mediator may decide the organization by the company of a consultation, open to employees concerned by the reasons set out in the notice, and relating to the continuation of the strike. The voting conditions are defined by the employer within 24 hours of the decision to organize the consultation. The employer shall inform the Labour Inspector. The consultation is provided in conditions guaranteeing the secrecy of the vote. Its result does not affect the exercise of the right to strike.
In the event of traffic disruption, any user has the right to have free, accurate and reliable information on the insured service, under the conditions provided by the user information plan.
In the event of a foreseeable disruption, information to users must be delivered by the transport company no later than twenty-four hours prior to the commencement of the disruption.
The transport company shall immediately inform the transport operator of any disruption or potential disruption.
After each disruption, the transport company shall provide the transport operator with a detailed assessment of the implementation of the appropriate transport plan and the user information plan.
It also prepares an annual assessment of the financial implications of the implementation of these plans and lists the investments needed to improve their implementation. This assessment is made public.
In the event of a failure to perform in the implementation of the appropriate transport plan or the user information plan provided for in Article 4, the transport organization authority shall impose on the transport company, when the transport operator is directly responsible for the failure to perform, a total refund of the transport titles to the users according to the duration of the failure of these plans. The charge of this refund cannot be borne directly by the transport organizing authority.
The transport organizing authority determines by agreement with the transport company the practical terms and conditions of this refund according to the user categories.
The user who has not been able to use the means of transport for which he has contracted a subscription or purchased a transport ticket is entitled to the extension of the validity of this subscription for a period equivalent to the period of use of which he has been deprived, or to the exchange or refund of the unused transport or subscription.
The refund certificate is made by the authority or company that has issued the subscription or the transport title of which it is the owner.
Where penalties for non-realization of the appropriate transport plan are also provided, the transport organizing authority may decide to allocate them to the reimbursement of users.
The remuneration of an employee participating in a strike, including wages and direct and indirect supplements to the exclusion of surcharges for family expenses, is reduced based on the unworked duration due to participation in this strike.
Before October 1, 2008, an evaluation report on the application of this Act is sent by the Government to Parliament.
This report includes the following:
- signed framework agreements and branch agreements;
- procedures for social dialogue implemented and their impact with regard to the objective of conflict prevention;
- the substitution actions of the representative of the State, if any, intervened under Article 4;
- adapted transport plans and user information plans developed by transport companies;
- collective agreements of predictability established by these companies;
- the refund of the goods of carriage to the users, as provided for in Article 9.
The transport organizing authorities incorporate into the conventions they enter into with transport companies the quality of service social and environmental criteria.
A report sent by the Government to Parliament by 1 March 2008 sets out a state of the evolution of social dialogue in public transport of travellers other than regular land transport and its impact on improving public service continuity. The report proposes the necessary legislative measures to implement a continuity device in other modes of public passenger transport.
It takes stock of the inclusion in the implementation of social dialogue, island specificity, coastal desserts and territorial continuity.
This law will be enforced as a law of the State.
Done in Paris, August 21, 2007.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister of State, Minister of Ecology,
sustainable development and development,
Jean-Louis Borloo
The Minister of the Interior,
the overseas and territorial authorities,
Michèle Alliot-Marie
Minister of Labour, Social Relations
and solidarity,
Xavier Bertrand
Secretary of State
Transport Officer
Dominic Bussereau
(1) Act No. 2007-1224.
- Preparatory work:
Senate:
Bill No. 363 (2006-2007);
Report of Ms. Catherine Procaccia, on behalf of the special commission, No. 385 (2006-2007);
Discussion on 17-19 July 2007 and adoption, after an emergency statement, on 19 July 2007.
National Assembly:
Bill, passed by the Senate, No. 101;
Report of Mr. Jacques Kossowski, on behalf of the special commission, No. 107;
Discussion on 30 and 31 July and 1 August 2007 and adoption on 1 August 2007.
Senate:
Bill, amended by the National Assembly, No. 430 (2006-2007);
Report of Ms. Catherine Procaccia, on behalf of the Joint Parity Commission, No. 431 (2006-2007);
Discussion and adoption on 2 August 2007.
National Assembly:
Report of Mr. Jacques Kossowski, on behalf of the joint parity commission, No. 123;
Discussion and adoption on 2 August 2007.
- Constitutional Council:
Decision No. 2007-556 DC of 16 August 2007 published in the Official Gazette of this day.
