Key Benefits:
A decision of the National Joint Commission established by Act No. 52-1311 of 10 December 1952 (CPN 52) of 26 August 2004 has decreed the following amendments to the statute of the administrative staff of the Chambers of Crafts relating to the development and reduction of the working time listed in Annex X to this Statute:
In the title “Community Will of Employer and Employee Colleges”, the second paragraph of b is as follows:
"They agree that, in this context, it is necessary to adapt the reduction of working time to incumbent and intern professors or subject to the general terms and conditions of employment of contract agents, taking into account the specificity of their duties and the interest of young people and the company. »
A final paragraph is added:
"All of these provisions apply in trade chambers, regional trade chambers and the APCM. »
A numbering is added to the various titles and paragraphs of the text.
Common provisions
I. - The national agreement
II. - Local agreements
1° Object and scope of the local agreement:
This paragraph reads as follows:
"A specific agreement can set out in each room the terms and conditions of work-time development and reduction.
The following provisions apply if there is no local agreement; However, the local agreement cannot challenge the provisions relating to the local Joint Commission. »
2° Method of discussion.
3° Arrangements for negotiations and signature.
III. - Local Joint Commission
The last paragraph of this part is as follows:
"The resumption of the additional leave days granted beyond the rules provided by the statute, prior to 3 July 2001, is carried out at 50 per cent within two days per year. »
IV. - Definition of working time
This chapter "Defining the effective working time" is now called "Defining the working time" and is integrated into the common provisions.
1° Definition of actual working time.
2° Moving time.
3° Training time.
4° Stretching time.
5° Night work time.
6° Weekend work time.
1. Worktime development and reduction
Administrative staff of the Chambers of Business
This section is written as follows:
"I. - Calculation of the reduction of working time
The year includes:
104 days of weekly rest (52 x 2).
25 working days of annual leave (5 weeks).
8 holidays + 3 to 5 holidays that may fall on a working day, or 137 to 142 days not worked on 365 days.
It was agreed that, for the calculations below, the average duration of eight holidays would be taken into account. Each additional holiday, beyond the eighth day that falls on a working day, must be counted for 1/5 of the average working week.
So stay on these bases 228 days worked, or 45.6 weeks (45 weeks and three days), representing 1,596 hours.
II. - Modalities for reducing working time
The reduction in working time generated by the transition from an average weekly schedule of 39 hours to a weekly average schedule of 35 hours is 182 hours.
National rule:
For all services, the reduction in working time applies by a weekly reduction in the number of hours worked.
If no local agreement applies the following national rule: the average effective weekly working time is set at 35 hours. Any administrative staff of a one-bedroom service may not be forced to work less than half a day per day of operation, the half-day being heard as the part on both sides of the meridian break.
2° Rule applicable to local agreements:
(a) Account and use of RTT credits:
For the Chambers of Crafts that have opted for a reduction in working time with RTT, the passage from 39 to 35 hours creates an RTT credit according to the following indicative table:
You can see the table in the OJ
n° 219 of 19/09/2004 text number 54
JRTTs can be saved in a time saving account when the rules are defined.
(b) Counting the duration of the work:
Assimilated to actual working time for the counting of work duration and thus give the right to create JRTT:
- the time of professional training within the framework of the training plan;
- authorizations for absence granted to elective public officials;
- absences motivated by the exercise of a trade union mandate;
- maternity leave.
Excluded from the actual working time for counting the work time:
- absences for illness, work accident and parental leave;
- the accompanying leave of a person at the end of life;
- leave for family events;
- paternity leave;
- authorizations of absence granted to give care to a sick child;
- other authorizations of absence for personal convenience.
These absences reduce the RTT credit under the conditions set out in the table below:
You can see the table in the OJ
n° 219 of 19/09/2004 text number 54
(c) The modalities for the distribution of RTT days:
Half of the working days constituting the RTT credit is taken at the choice of the agent, the other half granted to the employer's choice.
The total credit RTT days are counted in hours according to the schedule of the week during which they are taken.
III. - Organization of work time
Work is organized in periods of reference called cycles. Hours of work are defined within the cycle, which may vary between the weekly cycle and the annual cycle so that the duration of work is 1,596 hours.
Cycles may vary between them and services.
The amplitude of the weekly cycle is between 43 hours and 32 hours for a complete time.
The average working time can not exceed 41 hours over a set of eight consecutive weeks.
The programming of the weekly work cycles for a duration of eight weeks is communicated to the officer at least three weeks before the commencement of this cycle group.
At the expiry of each eight-week period, the cumulative effective working average is communicated to the officer.
The rules governing the actual working time are as follows:
- the maximum daily duration is 10 hours;
- the maximum daily amplitude counted between the beginning and the end of the working day is 11 hours;
- no day-to-day work period can reach 6 consecutive hours without the agent having a break of at least 20 minutes.
In addition to the maximum duration of 43 hours over the same week, exemptions may be granted in the event of exceptional circumstances for a limited period with the agreement of the officer and union delegates and, if not, staff representatives.
Daily rest is 11 hours minimum.
Weekly rest must be at least 38 hours. It normally includes Sundays, except for exemptions justified by specific circumstances with the agent's agreement.
IV. - Calculation of overtime
Overtime is the hours worked over the fixed weekly period.
Overtime can only be exceptional.
Overtime is equivalent to actual working time as indicated below.
Each additional hour up to the fourth is equivalent to one hour and quarter of work, each additional hour carried out beyond the fourth is equivalent to one and a half hour of actual work.
Failing to be compensated in time or in the event of an agent's express request, they result in a 25% salary increase for the first four hours and 50% beyond.
When overtime is due, their rules are added to the main pay.
V. - Non-integrated framework arrangements
Executives
Executive executives of the Chambers of Crafts are not subject to counting of working time under the conditions set out above. They are granted a reduction of 10 days to take half to their choice, half to that of the room.
The frameworks to which responsibility is entrusted are considered to be executives whose importance implies a great freedom in their use of time, which are empowered to make decisions largely autonomously and receive remuneration at the highest levels in their establishment.
Secretaries-General are considered executives. In addition, other frameworks may be considered executives whose jobs are then listed in the local agreement.
Autonomous frameworks
Executives whose nature of responsibilities or functions does not predetermine the duration of the working time may, on their request and with the agreement of the board, benefit from a reduction in the working time expressed in days, at unchanged remuneration.
Their working time is set by individual annual conventions setting the maximum number of working days to 210 days.
They are implicitly renewed without denunciation within three months of their term.
These jobs are defined and listed by the local agreement.
In the absence of a local agreement, executives meeting the above definition may apply. »
2. Teachers of trade chambers
I. - Calculation and method of reducing working time
The first paragraph of this chapter is as follows:
"The legal period of work is 1,435 hours over 41 weeks maximum that the agent is under the status or general terms of employment of contractual agents. »
A last paragraph is added:
"When the school year of a training institution is less than 41 weeks, the teaching time is spread over these weeks within 24 hours a week and up to 861 hours for the school year. The potential balance is offset by a service normally performed within the scope of the business room schedule. It may be derogated from this provision by a local agreement. »
II. - Definition of working time
III. - Organization of work time of teachers
The first four paragraphs of this chapter are as follows:
"The work of teachers is organized in a weekly cycle.
The average weekly teaching schedule of 21 hours over 41 weeks can be accompanied by a weekly fluctuation of 3 hours and therefore varies from 18 to 24 hours.
The total effective teaching time, overtime included, cannot exceed 26 hours per week. Hours can only be performed beyond the 24th with the agent's agreement.
Any teaching time beyond 861 hours in the school year is counted as an additional hour. »
The last two paragraphs of this chapter are as follows:
"The collective educational time of two hours a week is globalized over the year.
In the event that a teacher does not have a course or is in a sub-charge with respect to the scheduled weekly teaching schedule, he/she must have a teaching or business liaison service. This time can be allocated to activities recorded in the collective educational time. »
IV. - Corporate visits
V. - Legal lack
VI. - Promotion of alternation
This chapter reads as follows:
"The hours and days of promotion of alternation in the context of events initiated by the CFA or the Chamber of Trades and responding to this object cannot be refused by the professor within two days a year. Beyond the time available, they are governed by the provisions for calculating overtime. »
VII. - Calculation of overtime
This chapter reads as follows:
"The overtime is due either in the event of an overrun of the teaching period set for the year at 861 hours, or in the event of an overrun of the annual working period of 1,435 hours.
The overtime generated under the collective educational time is spent on the unfulfilled teaching time.
Overtime increases under the following rules:
- overtime results in a 25 per cent increase in remuneration;
- the additional hours that may be due are paid at the end of the academic year, on the basis of the hourly cost of teaching or collective educational work as appropriate. »
VIII. - Transitional operation
This chapter is deleted.
