Key Benefits:
Minister of Social Affairs, Labour and Solidarity and Minister of Agriculture, Food, Fisheries and Rural Affairs,
Considering articles L. 133-1 et seq. of the Labour Code;
In view of the decree of 2 April 1999 and the successive decrees, including the decree of 20 December 2001, extending the national collective agreement on the golf of 13 July 1998 and the texts amending or supplementing it;
Having regard to Act No. 15 of 12 July 2001 to the above-mentioned collective agreement;
In view of the decision of 20 December 2001 to extend Act No. 15 of 12 July 2001 to the aforementioned collective agreement;
Having regard to Act No. 16 of 24 January 2002 amending Act No. 15 of 12 July 2001 to the aforementioned collective agreement;
Having regard to Act No. 17 (salary) of 24 January 2002 amending Act No. 15 of 12 July 2001 to the aforementioned collective agreement;
Having regard to Act No. 18 of 28 March 2002 amending Article 5-7-2-3 of the aforementioned collective agreement;
Having regard to Act No. 19 (salaries) of 28 March 2002 to the aforementioned collective agreement;
Considering the request for extension submitted by signatory organizations;
Having regard to the announcements published in the Official Journal of 20 and 27 February 2002 and 3 and 11 May 2002;
Considering the opinions collected during the investigation;
Having regard to the reasoned opinion of the National Collective Bargaining Commission (subcommission of agreements and agreements), rendered in session on 30 September 2002,
Stop:
Section 1 of the 20 December 2001 Order referred to in the National Collective Agreement for Golf is amended as follows:
The following reservations are deleted:
- Article 6-2-1 (modulation of working time in enterprises without trade union representation) is extended provided that a supplementary branch or business agreement provides, in accordance with Article L. 212-8, paragraph 5, of the Labour Code, the terms and conditions of recourse to temporary work and the right to compensation and compensatory rest of employees who have not worked for the entire period of modulation;
- Paragraph A 6 is extended subject to the application of Article L. 212-15-4 of the Labour Code, which results in the fact that the package agreements cannot be combined with a modulation regime.
For all employers and employees included in the scope of application of the national collective agreement for golf of 13 July 1998, the following provisions shall be made:
1. Act No. 16 (Duration of work) of 24 January 2002 amending Act No. 15 of 12 July 2001 to the aforementioned collective agreement.
The second and third drawers of the paragraph "are not considered to be actual working time" in section 5-1-1 (general provisions) are extended subject to the application of section L. 212-5-1 of the Labour Code, which results in the mandatory compensatory rest being considered to be effective working time for the determination of leave entitlements paid.
The first paragraph of Article 5-1-2 is extended subject to the application of Articles L. 212-5, L. 212-5-1 and L. 212-6 of the Labour Code as interpreted by the jurisprudence of the Court of Cassation.
The last paragraph of Article 5-3 (pauses) is extended subject to the application of Article L. 220-2 of the Labour Code.
Paragraph A 5 bis, the second and last paragraphs of paragraph A 5 of Article 6-2-1 (modulation of working time in enterprises without trade union representation) are extended subject to the application of Articles L. 145-2 and R. 145-2 of the Labour Code.
2. A. No. 17 (Salaries) of 24 January 2002 amending A. No. 15 of 12 July 2001 to the aforementioned collective agreement.
Section 10-2-1 (full-time wages) is extended subject to the application of the regulatory provisions establishing the minimum wage of growth.
3. A. No. 18 of 28 March 2002 amending section 5-7-2-3 of the aforementioned collective agreement.
The fifth paragraph of Article 5-7-2-3 (autonomous frameworks - the establishment of a package) is extended subject to the application of the provisions of Article L. 212-15-3-III of the Labour Code under which is incompatible with the very quality of a package agreement in days the provision to restrict the exercise of the right of employees who benefit from such a convention to freely choose the part of the rest days of their initiative.
4. A. No. 19 (Salaries) dated March 28, 2002 to the aforementioned collective agreement.
Section 10-2-3 (part-time wages) is extended subject to the application of the regulatory provisions establishing the minimum wage of growth and the application of section 32, paragraph II, last paragraph, of Act 2000-37 of 19 January 2000.
The extension of the effects and sanctions of the above-mentioned amendments shall be made on the date of the publication of this order for the remaining period of time and the conditions provided for by the said amendments.
The Director of Labour Relations at the Ministry of Social Affairs, Labour and Solidarity and the Director of Operations, Social Policy and Employment at the Ministry of Agriculture, Food, Fisheries and Rural Affairs are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, October 29, 2002.
Minister of Social Affairs,
and solidarity,
For the Minister and by delegation:
The Director of Labour Relations,
J.-D. Combrexelle
Minister of Agriculture, Food,
and Rural Affairs,
For the Minister and by delegation:
By preventing the Director of Operations,
social policy and employment:
The Deputy Director,
P. Dedinger
Note. - The text of the above-mentioned amendments was published in the Official Gazette of the Ministry, fascicles collective agreements no. 2002/06 dated 8 March 2002 (for amendments no. 16 and no. 17) and no. 2002/18 dated 1 June 2002 (for amendments no. 18 and no. 19), available at the Directorate of Official Journals, 26, rue Desaix, 75727 Paris Cedex 15,
