Key Benefits:
President of the Republic,
On the report of the Prime Minister, the Minister of Social Affairs, Labour and Solidarity and the Minister of Equipment, Transport, Housing, Tourism and the Sea,
Having regard to Council Regulation (EEC) No. 3820/85 of 20 December 1985 on the harmonization of certain social provisions in the field of road transport;
Having regard to Council Regulation (EEC) No. 3821/85 of 20 December 1985 concerning the control apparatus in the field of road transport;
In light of Council Directive 93/104/EC of 23 November 1993, as amended by Directive 2000/34/EC of the European Parliament and of the Council of 22 June 2000, concerning certain aspects of working time development;
Considering Directive 2002/15/EC of the European Parliament and the Council of 11 March 2002 on the development of working time for persons carrying out mobile road transport activities;
Considering the Labour Code, including articles L. 212-2 and L. 212-4;
Having regard to amended Decree No. 83-40 of 26 January 1983 on the modalities for the application of the provisions of the Labour Code concerning the duration of work in road transport companies;
In view of Decree No. 2001-679 of 30 July 2001 on the duration of work in health transport enterprises;
In view of the May 4, 2000 framework agreement on the development and reduction of the working time of employees of health transport companies;
Having regard to the agreement of 18 April 2002 on the development, organization and reduction of working time, and on the remuneration of personnel of road passenger transport companies;
After consultation with interested employer and employee organizations;
The Council of Ministers heard,
Decrete:
The provisions of this Decree shall apply to personnel, including supervisory personnel, establishments and occupations, who are listed in the following classes by the nomenclatures of activities and products approved by Decree No. 2002-1622 of 31 December 2002:
60.2 A. Urban passenger transport, only for school or personnel transport, as well as city-airport shuttles;
60.2 B. Regular road transport of passengers;
60.2 E. Carriage by taxi, with the exception of car rental with driver;
60.2 G. Other road transport of passengers;
63.2 A. Management of ground transportation infrastructure, only for road passenger stations;
85.1 J. Ambulances.
The provisions which, in the following articles, refer to passenger to toll transport only in the above-mentioned classes 60.2 B and 60.2 G.
I. - The duration of the effective work defined in the first paragraph of Article L. 212-4 of the Labour Code is equal to the amplitude of the working day, as defined in Article I, diminished of the total duration of the cuts and of the time devoted to meals, dressing and snacks, in accordance with the provisions of Article L. 212-4 of the Labour Code that the time required to restore
The terms and conditions under which cut-off times and restoration times are considered to be effective working time pursuant to the provisions of Article L. 212-4 of the Labour Code may be determined, for the branch, by collective agreement of branch or, for the enterprise or establishment, by agreement of business or establishment. Agreements concluded after negotiations under this paragraph may also determine the considerations that are, if any, attributed to rolling staff for such periods of cut-off or restoration, to which such employees are subject, and that such agreements would not consider as actual working time.
II. - The clauses of the extended branch collective agreements and of the business or settlement agreements entered into pursuant to Act No. 98-461 of 13 June 1998 of guidance and incentive relating to the reduction of working time or pursuant to articles L. 212-8 and L. 212-8-1, L. 212-8-2 or L. 212-2-1 of the Labour Code in their drafting prior to the Act No. 2000-37 of 19 January 2000
The provisions of these collective agreements which are more favourable to employees than the provisions of this decree cannot be challenged outside the procedures for revising the provisions of the labour law.
The day-to-day duration of actual work in isolation may not exceed ten hours.
However, pursuant to the second paragraph of Article L. 212-1 of the Labour Code, this period may be extended to 12 hours, once a week for rolling staff.
This period may be extended to twelve hours a second time a week, within six times a twelve-week period, provided that the weekly work duration has been allocated at least five days.
The corporate committee or, if not, staff delegates, if they exist, issue a notice of overtakings on the day-to-day duration of 10 hours.
The provisions of this Article shall not derogate from those of Council Regulation (EEC) No. 3820/85 of 20 December 1985 on the harmonization of certain social provisions in the field of road transport.
I. - Weekly working hours are calculated on a week.
II. - For rolling personnel, without prejudice to the provisions of Article L. 212-8 of the Labour Code, the weekly working period may be calculated on two consecutive weeks, provided that this period includes at least three days of rest. The weekly working period of the interested parties is considered to be the result of the division by two of the number of hours completed during the two weeks.
Subject to compliance for each of these two consecutive weeks the maximum period that may be completed during the same week set out in Article L. 212-7 of the Labour Code, it may be carried out, during one or the other week, hours of work in unequal numbers.
III. - The duration of the presence of the monitoring and custodial personnel and fire personnel may be determined on the basis of an average calculated on a maximum cycle of three consecutive weeks. The day-to-day attendance of these personnel, determined within the limits set out in Article L. 212-1 of the Labour Code, shall not exceed twelve hours.
The duration of actual work may be, within the framework of the provisions of articles L. 212-6 and L. 212-7 of the Labour Code, extended beyond the limits set out in Article L. 212-1 of the Labour Code. The hours thus completed are overtime and are paid as such. They shall, where applicable, be entitled to a compensatory rest under the conditions laid down in Article L. 212-5-1.
In the cases listed in Article L. 221-12 of the Labour Code, overtime is not applicable to the annual contingent provided for in Article L. 212-6.
Beyond a weekly duration of forty-eight hours, the extension is limited to:
1° Eight hours per week for safety, backup or repair measures in the event of accidents at facilities or buildings;
2° Six hours a week for vehicle troubleshooting.
By derogation from the provisions of the first, second and third subparagraphs of Article 3, the effective daily working period may exceed ten or twelve hours for the completion of urgent work, the immediate execution of which is necessary to prevent imminent accidents, to organize rescue measures or to repair accidents occurring either at the equipment or at the facilities, or at the company's buildings and jeopardizing the operation of the company.
The organization of work by rotation, as well as the organization of work by relay, is authorized in all the establishments referred to in section 1 above, after notice of the business committee or, if not, staff delegates if they exist. This notice must include the principle and modalities for the application of these forms.
In the case of relay work, and without prejudice to the provisions of Article 11 V and Article 12, the individual amplitude of the working day as defined in Article 7 of this Decree shall not exceed ten hours.
I. - The amplitude of the working day is the interval between two successive daily rests or between a weekly rest and the daily rest immediately preceding or following.
II. - Without prejudice to the provisions of Article 11 V and Article 12 of this Decree, the amplitude of the working day of the rolling staff shall not exceed twelve hours.
III. - The amplitude of the working day shall not exceed eighteen hours in the case of a crew composed of several drivers.
IV. - Without prejudice to the provisions of Article 11 V and Article 12 of this Order in Council, in the event that the conditions of operation make it necessary and after notice of the Business Committee or, in the absence of the staff delegates if they exist, and authorization of the Labour Inspector, the amplitude may be extended up to fourteen hours subject to the following conditions:
1° The day-to-day time spent at the employer's service must not exceed nine hours;
2° The service must include:
(a) An interruption of at least two and a half hours or two interruptions of at least one and a half hours each, when the amplitude is extended beyond twelve hours and up to thirteen hours;
(b) An interruption of at least three continuous hours or two interruptions of at least two continuous hours each, when the amplitude is extended beyond thirteen hours.
During these interruptions, the employee does not exercise any activity and freely disposes of his time.
V. - In the absence of an extended collective agreement or agreement, the amplitude exceedances, considered in isolation, resulting from the application of the provisions of the IV above shall be compensated under the following conditions:
(a) 75 per cent of the duration of overtaking between the twelfth and thirteenth hours;
(b) 100 per cent of the duration of overtaking beyond the thirteenth hour.
VI. - When this compensation is granted in the form of rest, the employee is kept regularly informed of his or her rights acquired on his or her payroll or on a statement annexed to the ballot. The rest can only be taken per whole day, each being deemed to be seven hours of compensatory rest, and within a fixed period of agreement between the employer and the employee, which cannot exceed two months.
The rolling staff of the establishments listed in Article 1 of this Decree, carrying out transport not subject to Regulation (EEC) No. 3820/85 of 20 December 1985, shall be provided with a daily rest of at least ten consecutive hours for the twenty-four hours preceding any time that it performs an effective work or is available.
Subject to compliance with sections L. 221-1 et seq. of the Labour Code relating to the weekly rest and after notice of the business committee or, failing that, staff delegates if they exist, the employer may distribute on the whole, or only on some of the other six days of the week, the legal duration of the effective work, as provided for in Article L. 212-1 of the Labour Code, without the daily working period exceeding the prescribed maximum amount.
However, the distribution of this duration of work on a number of days less than five can only be done with the agreement of the business committee or, if not, staff delegates. In companies that do not have a legal representation of staff, this distribution may be authorized by the Labour Inspector after an investigation with employees.
In the case that the distribution of the weekly working period results in a rest of a period not exceeding two days, it must be given without interruption. However, and without prejudice to the provisions of Article 11 III of this Decree, it may be derogated from this consecutiveness for rolling personnel when the necessity of the operation justifies it and after the opinion of the business committee or, if not, staff delegates if they exist.
For rolling personnel, the rest referred to in the above paragraph may begin at any hour of the day.
I. - In all institutions subject to the provisions of this Decree, articles D. 212-18 to D. 212-20 and D. 212-23 of the Labour Code are applicable.
II. - For rolling personnel, the duration of the work is attested and controlled by the appropriate control document provided by the regulations (EEC) No. 3820/85 of 20 December 1985 and (EEC) No. 3821/85 of 20 December 1985 as amended and by the regulations applicable to the working conditions document of the crew members on road transport.
All hours worked, constitutive of the length of time spent in the service of the employer, by the conduct personnel referred to in the previous paragraph, shall be deducted under the following terms:
1° Daily, by registration, under the conditions provided for in the first paragraph of present II;
2° Within the framework of the calendar week, by their weekly recapitulation;
3° As part of the calendar month, by their monthly recapitulation.
The daily, weekly and monthly count of hours of service performed must distinguish, for each employee concerned, the length of time spent on the conduct and the duration of time spent in the service of the employer other than the conduct.
The length of time spent in the employer's service is controlled, at the driver's home facility, by means of the daily, weekly and monthly account set out in this paragraph.
The above provisions apply to sedentary personnel when conducting a conduct on a full day of work.
III. - The length of time spent in the service of the employer of the rolling personnel carrying on road transport not subject to regulations (EEC) No. 3820/85 and (EEC) No. 3821/85 of 20 December 1985 is recorded, certified and controlled by:
1° From the service schedule, for long-distance long-distance passenger to fixed-time travellers and daily bringing interested employees to their home establishment;
2° In other cases, an individual control booklet whose leaflets must be filled daily by the interested parties to mention the duration of the various work done; the duration of the time spent at the employer's service thus recorded using the daily slips of the individual control booklet shall, for each employee concerned, be the subject of a weekly and monthly summary prepared by the employer.
The characteristics and terms and conditions of use of the service schedule and the individual control booklet are fixed by order of the Minister responsible for transport.
IV. - Staff delegates may consult the documents provided for in II and III of this article 10, and the monthly document annexed to the payroll, as provided for in the second paragraph of this article 10.
The driver has the right to obtain, at no cost and in good order, the registration sheets of the control device defined by Regulation (EEC) No. 3821/85, concerning him, and the documents referred to in II and VI (second paragraph) of this Article 10, which served as the basis for the development of his pay slips.
The company shall, at no cost and in good order, give a copy of these documents, in a format identical to that of the originals, to the interested drivers who request it.
Wheeled personnel carrying out road transport not subject to regulations (EEC) No. 3820/85 and (EEC) No. 3821/85 of 20 December 1985 have the right to obtain, at no cost and in good order, copies of the inspection booklet and of the documents referred to in III and VI (second paragraph) of this section 10, as the basis for the development of their payroll bulletins.
The company shall, at no cost and in good order, give a copy of these documents, in an identical format to the originals, to interested employees who apply for it.
V. - Different control procedures supplementing or substituting the above terms may be authorized by order of the Minister for Transport and the Minister for Labour, taken after notice by the employer and employee organizations of the profession.
VI. - The payroll, or a monthly document annexed to the payroll, must specify the cumulative total of overtime worked and compensatory rest acquired by the employee since the beginning of the calendar year.
The payroll, or the annexed monthly document, for drivers who performed dual-crew services in the month in question, referred to in Article 11 II, must mention the full amount of time spent by these drivers in the service of their employer, before taking into account the 50% coefficient referred to in the paragraph.
I. - The provisions of this section apply to sedentary personnel when conducting conduct on a full day of work.
II. - When the crew includes two conductors on board, the time not spent on driving during the course of the vehicle by drivers, or sedentary personnel performing a driving activity for a full day of work, is counted as effective work for 50% of its duration.
III. - When the weekly rest is two days, one of these days can be split into two half days. For rolling personnel, the use of half-day splitting of one of the two days of a weekly rest is only possible if a business or settlement agreement or agreement defines the practical terms and conditions.
IV. - In the absence of an extended collective agreement or agreement, where the reduction of the length of work is made by the allocation to employees of days or half-days of rest, the distribution of these days or half-days is made for 50% of the employee's choice and 50% of the employer's choice, with a period of prevenance of seven calendar days.
V. - Without prejudice to the provisions of Article 7, the amplitude of the working day of the rolling staff assigned to a regular service shall not exceed thirteen hours.
In the absence of an extended collective agreement or agreement, the amplitude of the working day of the rolling staff assigned to an occasional service shall not exceed fourteen hours.
Without prejudice to the provisions of Decree No. 2001-679 of 30 July 2001 on the duration of work in health-care transport companies, the amplitude of the working day of mobile workers may be extended up to fifteen hours in the following cases:
1° To enable a mission to be completed until its completion, within the limit of one time per week on average over four weeks;
2° For seasonal activities or for sanitary repatriation for insurance or assistance companies, within seventy-five times a calendar year.
The Labour Inspector and the Business Committee or, failing that, staff delegates are kept informed immediately of any extension of amplitude.
The hours of service of road attendants working in health transport companies are deducted by individual weekly roadmaps, in accordance with a model set by order of the Minister for Transport.
Offences to the provisions of this decree recognized by the territorially competent labour inspectors will be subject to the fine provided for in 4th class contraventions.
Contraventions will result in as many fines as there are unduly employed employees.
The provisions of this Decree, which repeals the provisions of the Decree of 26 January 1983 referred to above as they apply to the personnel of the companies listed in Article 1st, shall enter into force on the date of publication in the Official Journal of the French Republic of the order to extend the agreement of 18 April 2002 on the development, organization and reduction of working time and on the remuneration of the personnel of the road transport operators of passengers.
The Prime Minister, the Minister of Social Affairs, Labour and Solidarity, the Minister of Equipment, Transport, Housing, Tourism and the Sea and the Secretary of State for Transport and the Sea are responsible, each with respect to him, for the implementation of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, December 22, 2003.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Jean-Pierre Raffarin
Minister of Equipment, Transportation,
housing, tourism and the sea,
Gilles de Robien
Minister of Social Affairs,
and solidarity,
François Fillon
State Secretary for Transport
and the sea,
Dominic Bussereau
