Key Benefits:
Minister of Employment, Labour and Social Cohesion,
Considering articles L. 133-1 et seq. of the Labour Code;
Having regard to the national collective agreement on industrial sanitation and maintenance of 21 May 2002, supplemented by four annexes;
Having regard to Act No. 1 of 7 January 2004 relating to the night work period to the aforementioned collective agreement;
Having regard to Act No. 2 of 7 January 2004 revising conventional minimum wages from 1 January 2004 to the aforementioned collective agreement;
Considering Act No. 3 of 31 March 2004 specifying the scope of application of the aforementioned collective agreement;
Considering requests for extension submitted by signatory organizations;
Having regard to the announcements in the Official Journal of 27 July 2002, 8 May 2004 and 11 June 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 at the meeting of 11 October 2004,
Stop it!
For all employers and employees included in the scope of application of the national collective agreement on sanitation and industrial maintenance of 21 May 2002 (4 annexes) as specified by Act No. 3 of 31 March 2004, the provisions of:
1. The said National Collective Agreement for Remediation and Industrial Maintenance of May 21, 2002 (4 annexes), excluding:
- paragraph (c) (Supplementary hours) of Article 6-2 (Party time) of Chapter VI (Labour time), which contains all mandatory clauses in the second paragraph of Article L. 212-4-4 of the Labour Code for the establishment of part-time work modulated, with the exception of that relating to the limitation of the number of interruptions of activity during the same day;
- Article 8-1 (Professional training) of Chapter VIII (Professional training - Hygiene, safety, prevention and working conditions), which does not meet the requirements of vocational training by certain provisions of Act No. 2004-391 of 4 May 2004 on vocational training throughout life and social dialogue.
The fourth and fifth paragraphs of Article 3-3 (Personal Delegates and Corporate Committee) of Chapter III (Organization Law in the Company) are extended subject to the application of the provisions of the first paragraph of Article L. 432-9 of the Labour Code.
Sections 4-1 (Embauchage - Contract of Work) and 4-2 (Amendment of Contracts) of Chapter IV (Working Agreements) are extended subject to the application of the provisions of Article L. 122-4 of the Labour Code as interpreted by the jurisprudence of the Court of Cassation (Cass. soc., 27 May 1998, Mr. Mizon v. Mr. Saint-Olive et al., pursuant to which, in the event of an amendment to the proposed employment contract on a non-economic basis, the mere refusal of this amendment opposed by the employee cannot constitute a cause of termination by himself.
The second paragraph of Article 4-4 (Intermittent Work) of Chapter IV referred to above is extended provided that, in accordance with the provisions of Article L. 212-4-12 of the Labour Code, the intended employment includes, by nature, an alternation of periods worked and periods not worked.
The first paragraph of Article 4-6 (Health Employment Guarantee) of Chapter IV referred to above is extended subject to the application of Article L. 122-14-3 of the Labour Code as interpreted by the jurisprudence of the Court of Cassation (Cass. soc., 7 October 1992, Miss Marchais c/ SA Montvilliers Intermarché) under which the employee absent for sickness can only be terminated if the duration of his absence is continued.
The second paragraph of section 5-5 (Real wages) of Chapter V (Classification, remuneration, bonuses and allowances) is extended subject to the application of the regulatory provisions establishing the interprofessional minimum wage of growth and section 32 of amended Act No. 2000-37 of 19 January 2000 establishing a monthly guarantee of remuneration.
The third point of the first paragraph of Article 7-2 (Exceptional Leaves for Family Events) of Chapter VII (Terms and absences) is extended subject to the application of the provisions of Article L. 122-45 of the Labour Code.
The fourth and fifth points of the above-mentioned first paragraph are extended subject to the application of the provisions of Article 8 of Act No. 99-944 of 15 November 1999 on the Civil Pact of Solidarity under which the fourth paragraph of Article L. 226-1 of the Labour Code is applicable to partners bound by a civil pact of solidarity.
Paragraph A (Minimum wages) of Schedule II (Conventional minimum wages, bonuses and allowances) is extended subject to the application of the regulatory provisions establishing the interprofessional minimum wage for growth and section 32 of amended Act No. 2000-37 of 19 January 2000 establishing a monthly payment guarantee.
The first paragraph of Article 1 (Provisional replacement) of Annex III (Special provisions applicable to workers and employees) is extended, provided that the employee in question is placed in an identical situation, subject to the application of the principle "equal work, equal pay" resulting from articles L. 133-5 (4°, d) and L. 136-2 (8°) of the Labour Code.
The second paragraph of Article 1 above shall be extended subject to the application of the provisions of Article L. 140-2 of the Labour Code.
Section 3 (Health Employment Guarantee) of Schedule IV (Specific Provisions) is extended subject to the application of the provisions of Article L. 122-14-3 of the Labour Code as interpreted by the jurisprudence of the Court of Cassation (Cass. soc., 7 October 1992, Miss Marchais v. SA Montvilliers Intermarché.
2. A. No. 1 of 7 January 2004 relating to the night work period to the aforementioned collective agreement.
3. Act No. 2 of 7 January 2004 revising conventional minimum wages effective 1 January 2004 at the above-mentioned collective agreement.
The amendment, with respect to the hourly rates of workers and employees, is extended subject to the application of the regulatory provisions establishing the interprofessional minimum wage of growth and section 32 of amended Act No. 2000-37 of 19 January 2000 establishing a monthly payment guarantee.
4. A. No. 3 of March 31, 2004 specifying the scope of application of the aforementioned collective agreement.
The extension of the effects and sanctions of the collective agreement and of the above-mentioned amendments shall be made on the date of the publication of this order for the remaining period and the conditions provided for in the said texts.
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 26, 2004.
For the Minister and by delegation:
The Director of Labour Relations,
J.-D. Combrexelle
Note. - The text of the collective agreement and the above-mentioned amendments was published in the Official Gazette of the Ministry, bookmarks collective agreements BO bis no. 2002/10 (for the collective agreement), BO no. 2004/9 (for amendments no. 1 and no. 2 of 31 January 2004) and BO no. 2004/21 (for Act No. 3 of 31 March 2004), available at the Directorate of Official Journals, 26, rue Desaix, 7 Paris Cedex 15, at a price of EUR 3 (for BO bis n° 2002/10) and EUR 7.32 (for BO n° 2004/9 and n° 2004/21).
