Key Benefits:
Minister of Employment, Labour and Social Cohesion,
Considering articles L. 133-1 et seq. of the Labour Code;
Having regard to the collective agreement of 22 March 1982 concerning the status of the staff of the associations responsible for the management of the training centres of apprentices in the building;
Having regard to the Memorandum of Understanding of 22 March 1982 on the terms and conditions for the application of the salary grids entered into under the collective agreement of 22 March 1982 referred to above;
Having regard to Act No. 1 of 17 December 1982 to the collective agreement of 22 March 1982;
Having regard to Act No. 2 of 6 October 1988 to the collective agreement of 22 March 1982;
Having regard to Act No. 3 of 16 September 1993 to the collective agreement of 22 March 1982;
Having regard to No. 4 of 23 November 1995 to the collective agreement of 22 March 1982;
Having regard to Act No. 5 of 31 October 1996 to the collective agreement of 22 March 1982;
Having regard to Act No. 6 of 5 July 2001 to the collective agreement of 22 March 1982;
Having regard to Act No. 7 of 31 January 2002 to the collective agreement of 22 March 1982;
Having regard to the December 16, 1999 agreement on the development and reduction of working time in the management associations of the CFA of the BTP concluded under the collective agreement of March 22, 1982 referred to above;
Having regard to the agreement of 7 November 2000 on the development and reduction of the working time of management staff entered into under the collective agreement of 22 March 1982 referred to above;
Considering the request for extension submitted by signatory organizations;
Considering the opinion published in the Official Journal of 9 July 2004;
Considering the opinions collected during the investigation;
In view of the reasoned opinion of the National Collective Bargaining Commission (subcommission of agreements and agreements), rendered in session on 11 October 2004,
Stop it!
For all employers and employees included in the scope of the collective agreement of 22 March 1982, which provides for the status of the staff of associations responsible for the management of training centres for apprentices in the building, the following provisions are made:
1. From the collective agreement of 22 March 1982 on the status of the staff of the associations responsible for the management of the training centres of apprentices of the building, excluding:
- the terms "signatory" in the sixth preambular paragraph and the first preambular paragraph of Article 3 (Revision) and the second preambular paragraph of that Article, as contrary to the provisions of the first paragraph of Article L. 133-1 of the Labour Code;
- the term "signatory" in Article 4 (Interpretation) as contrary to the combined provisions of Articles L. 132-2 and L. 133-1 of the Labour Code, as interpreted by the jurisprudence (Cass. soc. 17 September 2003 Chemistry Federation CGT-FO;
- paragraphs a of articles 110 (Retraite - prévoyance) of heading 1 (Directory staff), 210 (Retraite - prévoyance) of heading 2 (Personnel teaching and education), 310 (Retraite - prévoyance) of heading 3 (Administrative staff) and 410 (Retraite - prévoyance) of title 4 (Personnel de service), as contrary to the provisions of the pension
The second paragraph of Article 6 (Delegates and Corporate Committees) is extended subject to compliance with the provisions of Articles L. 424-1 and L. 434-1 and following of the Labour Code.
Item 2 (authorizations of absence) of Article 109 (Terms and authorizations of absence) of Title 1 above and Items II (authorities of absence) of Articles 209 (Terms and authorizations of absence) of Title 2 above, 309 (Terms and authorizations of absence) of Title 3 referred to above and 409 (Terms and authorizations of absence) of Title 4 above are extended
Sections 207 (Times and hours of suppleance) of heading 2 above, 307 (Timetables and hours of suppleance) of heading 3 above and 407 (Timetables and hours of suppleance) of title 4 above are extended subject to the application of the provisions of the first paragraph of Article L. 212-1 of the Labour Code.
Schedule 3 (grilles de salaries et d'avancement des secrétaires qualifies et aides-comptables diplômés) of the above-mentioned title 3 is extended subject to the application of the provisions of Article L. 123-2 of the Labour Code.
2. From the Memorandum of Understanding of 22 March 1982 on the terms and conditions for the application of the salary grids entered into under the aforementioned collective agreement of 22 March 1982.
3. From 17 December 1982 to the collective agreement of 22 March 1982.
4. From 2 of 6 October 1988 to the collective agreement of 22 March 1982.
5. From 2nd September 1993 to the collective agreement of 22nd March 1982.
6. From 2nd November 1995 to the collective agreement of 22nd March 1982.
7. From 2nd October 1996 to the collective agreement of 22nd March 1982.
8. From Avender No. 6 of 5 July 2001 to the collective agreement of 22 March 1982.
9. From Avender No. 7 of 31 January 2002 to the collective agreement of 22 March 1982.
10. From the December 16, 1999 agreement on the development and reduction of working time in the management associations of the CFA of the BTP concluded under the above-mentioned collective agreement of March 22, 1982, excluding:
- the terms "except exceptional circumstances" in paragraph 11.2 (weekly amplitude) of Article 11 (Modulation of work schedule) of Chapter III (Organization and Work Planning), as contrary to the provisions of the seventh paragraph of Article L. 212-8 of the Labour Code, under which the reduction of the period of prevenance must be accompanied by considerations for the benefit of employees;
- the words: "except in the event of resignation or dismissal for serious or heavy misconduct" in paragraph 11.5 (Removal of contract) of the aforementioned article as contrary to the provisions of article L. 122-42 of the Labour Code which prohibit any monetary penalty;
- the last paragraph of Article 19 (Modalities for reducing working time) of Chapter VI (Specific provisions for administrative and service personnel), as contrary to the provisions of Article L. 212-9, paragraph I of the Labour Code.
Sections 8 (Remuneration) and 9 (Party time) of Chapter II (Reduction of the duration of work) are extended subject to the application of the provisions of section 32 of amended Act No. 2000-37 of 19 January 2000, which establish a monthly compensation guarantee.
The first paragraph of paragraph 10.3 (Additional hours) of Article 10 (Appreciation of the working period) of Chapter III above is extended subject to the provisions of Article L. 212-5 of the Labour Code as interpreted by the jurisprudence of the Court of Cassation (Cass. Soc. Multipress c/Boutiller April 19, 2000), under which additional hours are also made with the employer's implied agreement.
The second paragraph of paragraph 10.3 above is extended subject to the application of the provisions of the second paragraph of Article L. 212-8-5 of the Labour Code.
Section 16 (Animal Personnel) of Chapter V (Specific Provisions for Teachers, Education and Animation) is extended subject to the application of the provisions of the last paragraph of Article L. 212-4 of the Labour Code.
Article 22 (Business negotiations - trade union mandate) of Chapter VIII (Specific provisions for business agreements) is extended subject to the application of the provisions of Article 15, § III. 2°, Law No. 2003-47 of January 17, 2003 on wages, working time and employment development.
11. From the agreement of 7 November 2000 on the development and reduction of the working time of management staff entered into under the collective agreement of 22 March 1982 referred to above.
Section 6, paragraph 6.1. (Directory Assistants, Animation Assistants) and Article 7 (Annual daily packages) are extended subject to the application of the provisions of paragraph III of Article L. 212-15-3 of the Labour Code.
The extension of the effects and sanctions of the above-mentioned agreements and amendments shall be made on the date of the publication of this order for the remaining period and the conditions provided for by the said agreements and amendments.
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 in Paris, October 25, 2004.
For the Minister and by delegation:
The Director of Labour Relations,
J.-D. Combrexelle
Note. - The texts of the above agreements and amendments were published in the Official Gazette of the Ministry, fascicle collective agreements no. 2004/28, available at the Directorate of Official Journals, 26, rue Desaix, 75727 Paris Cedex 15, at a price of 7,32 EUR.
