Key Benefits:
The Prime Minister,
On the report of the Minister of Agriculture and Fisheries,
Considering the Labour Code, including articles L. 127-9 and R. 127-2 and following;
Considering the rural code, including its article L. 722-1;
The State Council (Social Section) heard,
Decrete:
Section 2 of Chapter VII of Title II of Book I of the Labour Code is amended as follows:
I. - The title of the section is replaced by the following:
“Section 2
"Special provisions for employer groupings with the main purpose of placing substitutes at the disposal of the chiefs of operations or businesses referred to in 1 to 4° of Article L. 722-1 of the Rural Code, heads of artisanal, industrial or commercial enterprises or natural persons exercising a liberal profession"
II. - Section R. 127-9-1 is amended as follows:
"Art. R. 127-9-1. - The chiefs of operations or enterprises mentioned in 1 to 4° of Article L. 722-1 of the rural code, the heads of artisanal, industrial or commercial enterprises or the natural persons exercising a liberal profession, whose exploitation, enterprise or professional premises is located within the geographical scope of the group as specified in the statutes, have a vocation to join the groupings of employers referred to in Article L 127-9. They can only benefit from the availability of employees by the group to which they joined.
"The principal activity of the group is the replacement of the chiefs of farms or farms referred to in the preceding paragraph, of the heads of artisanal, industrial or commercial enterprises or of natural persons exercising a liberal profession and of the non-employed members of their family working on the operation or in the enterprise and of their employees, in the event of temporary incapacity resulting from illness, accident, maternity, death or in the event of temporary absences This main activity must represent at least 80% of the working hours completed in the calendar year by the employees of the group. »
III. - Section R. 127-9-2 is amended as follows:
1° The words: "at the departmental service for the inspection of labour, employment and agricultural social policy of its head office" are replaced by the words: "to the authority referred to in R. 127-2";
2° The words: "the designation of" are deleted.
IV. - In sections R. 127-9-4, R. 127-9-5, R. 127-9-6 and R. 127-9-7, the words "the inspector of work" are replaced by the words "the authority referred to in R. 127-2".
V. - Article R. 127-9-8 is amended as follows:
1° In paragraph 1, the words: "from the head of the Regional Service for Labour Inspection, Employment and Agricultural Social Policy" are replaced by the words: "from the authority referred to in section R. 127-7";
2° In the third paragraph, the words: "The head of the Regional Service for Labour Inspection, Employment and Agricultural Social Policy" are replaced by the words: "The authority referred to in Article R. 127-7";
3° After the third preambular paragraph, a new preambular paragraph reads as follows:
"When the monitoring of compliance with the regulation of work by members of the group falls under several administrative authorities, the decision is taken by the Regional Director of Labour, Employment and Vocational Training after agreement of these authorities. »
VI. - Section R. 127-9-9 is repealed.
The Minister of Employment, Social Cohesion and Housing, the Minister of Transport, Equipment, Tourism and the Sea, the Minister of Agriculture and Fisheries and the Minister Delegate for Employment, Labour and Occupational Integration of Youth are responsible, each with regard to the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, September 21, 2005.
Dominique de Villepin
By the Prime Minister:
Minister of Agriculture and Fisheries,
Dominic Bussereau
The Minister of Employment,
social cohesion and housing,
Jean-Louis Borloo
Minister of Transport, Equipment,
tourism and the sea,
Dominica Perben
Minister for Employment, at Work
and the professional integration of young people,
Gérard Larcher
