Key Benefits:
The National Assembly and the Senate deliberated,
The National Assembly adopted,
Vu la Constitutional Council decision No. 2001-455 DC of 12 January 2002,
The President of the Republic enacts the following legislation:
I. - The first sentence of the first paragraph of Article L. 6143-2 of the Public Health Code is as follows:
"The project defines, in particular on the basis of the medical project, the general objectives of the institution in the medical and nursing fields, biomedical research, management and information system. It includes a social project. »
II. - After article L. 6143-2 of the same code, an article L. 6143-2-1 is inserted as follows:
"Art. L. 6143-2-1. - The social project defines the general objectives of the institution's social policy as well as measures to achieve these objectives. It focuses on training, improving working conditions, forecasting and prospective management of jobs and qualifications, and the enhancement of professional gains.
"The social project is negotiated by the director and representative trade union organizations within the institution within the meaning of Article L. 6144-4.
"The technical establishment committee is responsible for monitoring the implementation of the social project every year and is responsible for its completion. »
III. - At the 1st of article L. 6143-1 of the same code, after the words: "the medical project" are inserted the words: "and the social project".
IV. - At the 9th of the article L. 6144-1 of the same code, after the words: "issues an opinion on", are inserted the words: "the social project".
V. - At the 1st of Article L. 6144-3 of the same code, after the words: "the settlement project", are inserted the words: "the social project".
VI. - Article L. 6114-2 of the same code is amended as follows:
1° The first paragraph is supplemented by a sentence as follows:
"They include a social component. » ;
2° The fifth preambular paragraph reads as follows:
"They specify, in the social sphere, the actions taken by the institution in accordance with the regional agency for hospitalization, on the basis of the social project of the institution. »
VII. - In the first sentence of article L. 6161-8 of the same code, after the words "L. 6143-2", the words ", L. 6143-2-1".
The 6th of section 41 of Act No. 86-33 of 9 January 1986 on statutory provisions relating to the public hospital service is thus amended:
1° After the words: "the care of this leave", are inserted the words: "and expenses relating to the balance of competence carried out on the officer's initiative";
2° After the words: "is insured by an annual contribution of an amount of", the percentage: "0.15 %" is replaced by the percentage: "0.20 %".
I. - At the first sentence of the last paragraph of Article L. 6112 of the Public Health Code, after the words: "in hospital settings" are inserted the words: "as well as persons detained under Article 35 bis of Order No. 45-2658 of 2 November 1945 on the conditions of entry and residence of foreigners in France".
II. - Article L. 6112-8 of the same code is supplemented by a paragraph as follows:
"The State shall take charge of the expenses set out by health establishments on the occasion of their public service missions provided for in the last paragraph of Article L. 6112-1 in favour of persons detained under Article 35 bis of Order No. 45-2658 of 2 November 1945 referred to above. »
III. - The second paragraph of article L. 5126-9 of the same code is as follows:
"People detained in other penal institutions and persons detained under section 35 bis of Order No. 45-2658 of 2 November 1945 relating to the conditions of entry and residence of foreigners in France shall be provided with the services of pharmacies for domestic use of health facilities that provide the public service missions referred to in Article L. 6112-1. »
I. - The resources of the Technical Hospital Information Agency include:
1° State subsidies, as well as, where applicable, subsidies from public institutions of the State, other public authorities or their public institutions, social security organizations, the European Union or international organizations;
2° A total endowment paid under the conditions provided for in Article L. 174-2 of the Social Security Code; a decree in the Council of State determines, inter alia, the modalities for establishing and revising this overall staffing by the competent authority of the State;
3° The proceeds of service fees rendered;
4° Various products, gifts and bequests.
II. - The Technical Hospital Information Agency referred to in I is authorized to enter into indefinite contracts with contractual public law officers employed by the Agency.
Section L. 5126-5 of the Public Health Code is amended as follows:
1° The second paragraph is supplemented by the words and a sentence as follows: "and other categories of specialized personnel who are attached to the pharmacy for internal use on the basis of their skills, to carry out the tasks described in this chapter. These people are placed under the technical authority of the pharmacist responsible for stewardship. » ;
2° After the second preambular paragraph, a sub-item reads as follows:
"Liberal pharmacists practising in a pharmacy for domestic use can be paid as a vacation. »
The third paragraph of Article L. 5126-5 of the Public Health Code is as follows:
"The pharmacy for domestic use is responsible for meeting the pharmaceutical needs of the establishment where it is created and in particular:".
In the fourth paragraph of Article L. 5126-5 of the Public Health Code, after the words: "sterile medical devices" are inserted the words "and ensure their quality".
Article L. 5126-5 of the Public Health Code is supplemented by a paragraph to read:
"In health facilities, a committee of the drug and sterile medical devices participates, by its opinion, in the definition of the drug policy and sterile medical devices as well as in the fight against iatrogen conditions inside the facility. The commission elects its president and vice-president from among its medical and pharmacist members. The composition of the commission, its organization and its operating rules are regulated by regulation. »
The fifth paragraph of Article L. 5126-5 of the Public Health Code is supplemented by the words: "and any action to secure the drug circuit and sterile medical devices".
The Public Health Code is amended to read:
1° Article L. 6132-1 is supplemented by a paragraph as follows:
"The boards of directors of public health establishments members of an inter-hospital union may decide to transfer to it, together with the activities entering its missions, the jobs occupied by agents governed by Title IV of the general status of public servants and related audit activities. In this case, the union becomes the employer of the above-mentioned agents who previously carried out the activities considered in the aforementioned establishments. » ;
2° In the second paragraph of Article L. 6113-4, after the words: "in Article L. 6121-5", the words are inserted: ", inter-hospital unions authorized to carry out the duties of a health institution under Article L. 6132-2";
3° After the first paragraph of Article L. 6132-3, it is inserted a paragraph as follows:
"The provisions of Chapter IV of Title V of this book are applicable to inter-hospital unions authorized to carry out the duties of a health institution";
4° In article L. 6154-1, after the words: "public health institutions", the words are inserted: "and inter-hospital unions authorized to carry out the missions of a health institution";
5° After the article L. 6141-7, an article L. 6141-7-1 is inserted as follows:
"Art. L. 6141-7-1. - The transformation of one or more public health institutions other than nationals resulting from its or their connection to one or more territorial authorities different from the territorial authorities(s) of origin, or from their merger, as well as the establishment of an inter-hospital public health institution, shall intervene in the conditions defined in this article.
"The structures regularly created under sections L. 6146-1 to L. 6146-6 and L. 6146-10 in the institution(s) concerned, prior to the transformation or creation referred to in the first paragraph, shall be transferred to the establishment that originates from it. The same is true of the jobs related to the structures considered, created before the intervention of the transformation. The new institution becomes the employer of the personnel referred to in section L. 6152-1 in the structures so transferred.
"Recruitment and advancement procedures, which are under way prior to the transformation of one or more public health institutions or the establishment of an inter-hospital public health institution, may be validly pursued in the new institution.
"The board of directors of the public health institution to be subject to a change of territorial connection within the meaning of the first paragraph shall take all deliberations necessary for the establishment to be set up, including those provided for in section L. 6143-1, 3rd. When the transformation involves several institutions or in the event of the establishment of an inter-hospital public health institution, these measures are adopted by the respective boards of directors.
"The decision under section L. 6141-1, by which the director of the regional hospitalization agency creates the establishment resulting from the measures provided for in the first paragraph of this section, specifies the conditions under which the authorizations provided for in articles L. 5126-7 and L. 6122-1, held by the transformed or founding establishments of the public inter-hospital health institution, as well as the movable and public property transferred These transfers of property, rights and obligations do not result in any compensation, tax, salary or honorary. The decision of the director of the regional hospitalization agency authenticates real estate transfers for publication at the mortgage office. It determines the date of the transformation or creation of the public institution of inter-hospital health and, as appropriate, the terms and conditions. »
I. - The Code of Military Disability Pensions and War Victims is amended as follows:
1° The second part of article L. 529 is as follows:
« 2° To provide hospital care in a medical-surgical centre or in consultation for the functional, professional and social rehabilitation of patients; In the first place, the recipients of the institution and the other beneficiaries of this Code are: in addition, they participate in the public hospital service. » ;
2° Article L. 530 is as follows:
"Art. L. 530. - The Board of Directors of the National Institute of Invalids is chaired by a personality appointed by the President of the Republic.
"It also includes:
« 1° Five representatives of the State including the Governor of the Invalides;
« 2° Five qualified personalities representing the fighting world;
« 3° Two staff representatives;
« 4° Two user representatives, including one from the pensioners ' centre. » ;
3° Article L. 531 is as follows:
"Art. L. 531. - The board of directors defines the general policy of the institution. It deliberates on the proposed establishment, investment programs, budget and amending decisions, including proposals for global staffing and delivery rates, accounts and allocation of operating results, the creation, removal and transformation of the facility's structures, the table of permanent employment and the rules of procedure. He gives his opinion on the appointment of chiefs of service.
"It authorizes acquisitions, disposals and borrowings, the exercise of legal actions, the agreements involving the institution and its participation in care networks referred to in Article L. 6121-5 of the Public Health Code.
"It sets out the amount of the pensioner's participation, which is capped to a percentage of their income, disability pensions and supplementary allowances included, determined by the decree referred to in section L. 537. This decree specifies the conditions under which income may be subject to slaughter, because of the situation of the persons concerned.
"He has only the quality to accept liberalities. » ;
4° The 3° and 4° of the article L. 533 become the 4° and 5° respectively; 2° and 3° of the same article are thus written:
« 2° Participation of persons admitted as boarders;
« 3° The overall funding allocation defined by Article L. 174-15 of the Social Security Code and the products of hospital activity; »
5° Article L. 535 is repealed;
6° The second sentence of the first paragraph of Article L. 536 is as follows:
"Its activity is controlled by the general inspection of social affairs, the general inspection of finances and the general control of the armies. » ;
7° After Article L. 536, an article L. 536-1 is inserted as follows:
"Art. L. 536-1. - With the exception of articles L. 6113-4, L. 6113-5 and L. 6113-10, chapters I and II of title I of Part I, chapter III of title I of Part VI, the technical conditions of operation provided for by Part I 3 of Article L. 6122-2 and title III of Book I of Part 6 of the National Invalidity Code are applicable to the national health code. »
II. - After the 2nd of Article L. 6112-2 of the Public Health Code, it is inserted a 3rd so written:
« 3° By the National Institute of Invalids for its missions defined in 2° of Article L. 529 of the Code of Military Disability Pensions and War Victims. »
III. - The Public Health Code is amended as follows:
1° Chapter VII of Book I of Part VI is supplemented by articles L. 6147-7 to L. 6147-9 as follows:
"Art. L. 6147-7. - The hospitals of the armed forces, under the authority of the Minister of Defence, in addition to their priority mission of health support of the armed forces with the other elements of the health service of the armed forces, assist the public hospital service. They provide reimbursable care to social insured persons under the conditions set out in Article L. 174-15 of the Social Security Code.
"The Minister of Defence and the Minister of Health jointly stop, every two years, the list of armies' hospitals that may, as such, provide the care set out in 1° of section L. 6111-2 to any person requiring their services.
"This list specifies, for each of these hospitals, the facilities, including heavy equipment and alternative care facilities for hospitalization, as well as the care activities, corresponding to those referred to in Article L. 6121-2 that it implements.
"These hospitals must meet the technical operating conditions referred to in Article L. 6122-2.
"Art. L. 6147-8. - It is taken into account the facilities of the armed hospitals, including heavy equipment and alternative care facilities for hospitalization, as well as the care activities, referred to in the list provided for in Article L. 6147-7, during the establishment of the health organisation scheme provided for in Article L. 6121-3.
"Art. L. 6147-9. - Hospitals of the armies listed in section L. 6147-7 may be accredited under section L. 6113-3 on the initiative of the Minister of Defence.
"They may participate in the care networks provided for in section L. 6121-5 and in the health care communities provided for in section L. 6121-6. » ;
2° It is inserted in chapter V of Part I, Title III, an article L. 1235-4, which reads as follows:
"Art. L. 1235-4. - The provisions of this title apply to hospitals in the armies. A decree in the Council of State determines the adaptations that may be made, with respect to these hospitals, to the authorization procedures applicable to health facilities. » ;
3° It is inserted in chapter V of Part I, title IV, an article L. 1245-6, which reads as follows:
"Art. L. 1245-6. - The provisions of this title apply to hospitals in the armies. A decree in the Council of State determines the adaptations that may be made, with respect to these hospitals, to the authorization procedures applicable to health facilities. » ;
4° It is inserted, in chapter I of Part I, Title VI, an article L. 1261-6, which reads as follows:
"Art. L. 1261-6. - The provisions of this Chapter and Chapter II of this Title apply to hospitals in the armies. A decree in the Council of State determines the adaptations that may be made, with respect to hospitals, to the procedures for authorization for health facilities. »
I. - 1° The public interest group referred to as the French Laboratory of Faction and Biotechnology referred to in Article L. 5124-14 of the Public Health Code is transformed into an industrial and commercial public institution with the same name.
The transformation referred to in the previous paragraph does not result in the creation of a new corporation or a business termination.
2° The rights and obligations of the public interest group are transferred in full right and ownership to the industrial and commercial public establishment. The properties of the public interest group and those of the French Blood Institution assigned to the public interest group are transferred in full right and ownership to the industrial and commercial public establishment.
The transfers referred to in the preceding paragraph are made free of charge and do not result in compensation, tax collection, duties or taxes, or payment of wages or fees.
II. - Chapter IV of title II of Book I of the fifth part of the Public Health Code is thus amended:
1° Article L. 5124-14 is as follows:
"Art. L. 5124-14. - For the realization of its object, the Laboratoire français du fractionnement et des biotechnologies can create subsidiaries and take participations in groups or legal entities, regardless of their legal status.
"Only the industrial and commercial public establishment known as the Laboratoire français du fractionnement et des biotechnologies, as well as the groupings or legal persons mentioned in the preceding paragraph, may prepare the medications referred to in Article L. 5121-3 from the blood or its components collected by blood transfusion establishments. They also carry out research and production activities on drugs that may be substituted for products derived from blood and biotechnology products.
"The release of the drugs referred to in Article L. 5121-3 within the groupings and legal persons referred to in the first paragraph of this article shall be carried out under the control of the pharmacist responsible for the French Laboratory of fractionation and biotechnology referred to in the second paragraph of Article L. 5124-15. » ;
2° Article L. 5124-16 is as follows:
"Art. L. 5124-16. - The Laboratoire français du fractionnement et des biotechnologies is subject to a financial and accounting regime adapted to its mission. The recipes of the French Laboratory for Partitioning and Biotechnology consist of:
" - resources derived from its industrial and commercial activity;
" - various products, donations and bequests as well as subsidies for the operation and equipment of the State or other public and private bodies;
" - loans.
"Act No. 83-675 of 26 July 1983 on democratization of the public sector is applicable to him.
"The members of the board of directors referred to in 1 and 2 of section 5 of Act No. 83-675 of 26 July 1983 are appointed by order. Of the six qualified personalities, a representative of blood donor associations and a representative of the health system users are appointed. » ;
3° Article L. 5124-18 is supplemented by a paragraph as follows:
« 14° The status of the French Laboratory of fractionation and biotechnology. » ;
4° In the first paragraph of Article L. 5124-18, the word "specified" is replaced by the word "specified".
III. - Section 18 of Act No. 94-630 of 25 July 1994 amending Book II bis of the Public Health Code is repealed.
IV. - The provisions of this section come into force on the date of publication of the Order appointing the members of the Board of Directors of the French Laboratory of Faction and Biotechnology.
I. - Order No. 58-903 of 25 September 1958 establishing the national public institution called "Thermes of Aix-les-Bains" is amended as follows:
1° The first paragraph of Article 1 is as follows:
"It is created under the name "Thermes Nationals of Aix-les-Bains a public industrial and commercial establishment. » ;
2° Article 2 is as follows:
“Art. 2. - The establishment is subject to an administrative, budgetary, financial and accounting regime and State control adapted to the particular nature of its missions. »
II. - In article L. 4321-6 of the Public Health Code, the words: "Aix-les-Bains National Spa" are replaced by the words: "Aix-les-Bains National Spas".
III. - Public officials and public officials in office at the public institution "Aix-les-Bains National Baths" at the date of publication of this Act may opt for the status of an officer of the institution governed by the Labour Code.
Officials in office in the public institution "National Baths of Aix-les-Bains" on the date of publication of this Act that do not request the benefit of the provisions of the first paragraph above remain in their position at the date of publication of this Act.
IV. - A decree in the Council of State shall establish the terms and conditions for the application of this article and shall make necessary modifications in the third paragraph of Article L. 231-1, in the sixth paragraph of Article L. 421-1 and in the fourth paragraph of Article L. 431-1 of the Labour Code.
Article L. 251-1 of the Code of Social Action and Families is supplemented by a paragraph to read:
"Also, any person kept in sight in French territory, whether or not they reside in France, may, if their state of health justifies it, benefit from the medical assistance of the State, under conditions defined by decree. »
Personnel physicians, pharmacists and dental surgeons, employees of private companies or groups, performing functions of care for persons held in penitentiary institutions whose operation is governed by a convention passed under section 2 of Act No. 87-432 of 22 June 1987 relating to the public penitentiary service, may, on the date of the implementation of the provisions of the last paragraph of Article L. 6112-1 of the Public Health Code for such persons
They are subject to all legal provisions governing the status of contract practitioners of public health institutions on reserve:
1° The amount of their remuneration shall be determined by reference to the permanent elements of their previous principal remuneration, but shall not exceed the eleventh level of full-time hospital practitioners;
2° Their service obligations may be fixed below four half days a week;
3° In addition to the social protection regime applicable to contractual practitioners of public health institutions, they are entitled to the provisions for contractual agents referred to in article 10 of Act No. 86-33 of 9 January 1986, providing statutory provisions for the hospital public service concerning leave due to health, maternity, adoption or occupational illness and termination allowance.
Article L. 114-3 of the National Service Code is supplemented by two paragraphs as follows:
"In addition, during the defence preparation appeal, the French must submit a certificate issued by a physician certifying that they have undergone a health examination in the previous six months.
"Those who have not submitted a certificate are summoned by the Primary Health Insurance Fund to receive a free health examination as provided for in Article L. 321-3 of the Social Security Code. »
I. - Article L. 5125-12 of the Public Health Code is supplemented by a paragraph to read as follows:
"The order in the first paragraph also determines the municipality(s) of less than 2,500 inhabitants, of whom at least 50% of the inhabitants are served satisfactorily by an informal community of 2,500 inhabitants and more. In this case, all the inhabitants of the commune are considered to be served by the offence. »
II. - For the purposes of the I, a prefectural order is published in the Compendium of Administrative Proceedings of the Prefecture within three months from the date of publication of this Act.
The first to seventh paragraphs of Article L. 5125-14 of the Public Health Code are as follows:
"The transfer of a pharmacy informal may be carried out, in accordance with article L. 5125-3, within the same commune, in another commune of the same department, or, for the Ile-de-France region, in another commune of that region.
"The transfer to another municipality may be made provided:
« 1° That the commune of origin includes:
" - a number of inhabitants per pharmacy equal to or less than 3,000 for municipalities of at least 30,000 inhabitants;
" - a number of inhabitants per pharmacy equal to or less than 2,500 for municipalities of at least 2,500 inhabitants and less than 30,000 inhabitants;
" - less than 2,500 inhabitants;
« 2° And that a creation may be possible in the host commune pursuant to article L. 5125-11. »
I. - Chapter I of Title VI of Book VII of the Social Security Code is supplemented by two sections 5 and 6, as follows:
“Section 5
“Prestations
"Art. L. 761-7. - Subject to the provisions of the European regulations and bilateral agreements concerning workers mentioned in article 761-1, care provided abroad to the beneficiaries of this chapter shall be entitled to benefits served on the basis of actual expenditures, within the limits of benefits that would have been served for similar care received in France. Special liability rates may be fixed by ministerial order.
“Do not apply the provisions of chapters II to V of title VI of Book I, the provisions on sanitary transport of Book III and those contained in chapter II of title III of Book IV.
"The French consular authorities shall communicate to the competent body any information necessary for the exercise of its control.
“Section 6
" Implementing provisions
"Art. L. 761-8. - Unless otherwise provided, the measures necessary to implement this chapter shall be taken by decree in the Council of State. »
II. - Chapters II to VI of Book VII, title VI, of the same code are thus amended:
1° In the title of Chapter II, the words: "(Same Provisions and Common Provisions with Employees Detached)" are deleted;
2° The last paragraph of Article L. 762-7 is as follows:
"If the replacement pension provided for in the second and third paragraphs of this section cannot be liquidated, the disability pension or invalid widow's or widow's pension shall be replaced by an allowance calculated on the basis of that pension on the prorated basis of the duration of the voluntary disability insurance contribution and the collection of the disability pension on the term of insurance provided for in the third paragraph of section L. 351-1. This allowance, the amount of which cannot be less than that of the allowance to old employed workers, is served without the possibility of cumulative with a possible basic benefit under a French old-age insurance plan. » ;
3° In the second paragraph of Article L. 763-4, the words: "of their professional income" are replaced by the words: "of all their resources including their professional income";
4° In the second paragraph of each of the articles L. 765-7 and L. 765-8, the words: "according to the income of the voluntary insured persons, under conditions fixed by decree" are replaced by the words: "by taking into account, under conditions fixed by decree, whether the two members of the couple are intended to be covered by voluntary insurance, the total resources of the household or, if one of the members of the couple does not have an assurance
5° The title of Chapter VI is as follows: "Common provisions for expatriates referred to in Chapters II to V". Within this chapter:
- Section 2 becomes section 4;
- Sub-section 3 of section 1 becomes section 3 and its paragraphs 1 to 6 become sub-sections 1 to 6;
- it is created a section 2 entitled: "Recovery of contributions due under chapters II, III and V";
- Section 1 is entitled: "Common provisions relating to membership, benefits and contributions" and the titles of subsections 1 and 2 are deleted;
6° Articles L. 762-5, L. 763-2, L. 764-2, L. 765-4 and L. 766-3 are repealed;
7° Article L. 766-1 is as follows:
"Art. L. 766-1. - The application for membership in any of the voluntary health and disability insurances provided for in chapters II to V of this title must be made within a specified period of time. This period shall be calculated as the case may be:
" - from the date on which the individual could join one of these voluntary assurances;
"-that is, for persons who, residing in a foreign country, become holders of a pension provided by a French old-age insurance plan, on the date of liquidation of that pension;
" - for those who, after having resided in a Member State of the European Union or a party to the agreement on the European Economic Area, settle in a third country, from the date on which they cease to rise to the social security regime of that State.
"However, applications submitted after the expiry of this period may be met on the basis of the age of the individual, or subject to the payment of the contributions to the period that has elapsed since that date within the limit of a cap.
"The membership takes effect and the right to benefits is open at the end of time fixed according to the risk covered and the age of the affiliate. These deadlines must ensure, where appropriate, continuity of the coverage of risks under French legislation at the time of departure and return to France of the insured person. » ;
8° After L. 766-1, two articles L. 766-1-1 and L. 766-1-2 are inserted as follows:
"Art. L. 766-1-1. - The following persons are considered to be members of the family of the insured person under the voluntary disability-related health-care or disability-related health insurance provided for in chapters II to V:
« 1° The spouse of the insured, the person who lives maritally with him or the person who is bound to him by a civil pact of solidarity, if he or she is at the effective, total and permanent charge of the insured, provided that he or she is able to prove it and be unable to benefit from the quality of social insured in another title;
« 2° Up to a limiting age, children do not engage in professional activity, at the expense of the insured person or the person referred to in 1°;
« 3° Up to a limiting age and when they are unable to benefit from the quality of social insurance in another way, children in apprenticeships, children pursuing studies and children who, as a result of chronic infirmities or diseases, are in the permanent impossibility of engaging in professional activity;
« 4° The ascent of the insured who lives under the roof of the insured person is at his or her effective, total and permanent charge, and is devoted exclusively to the care of the household and the education of the insured child, the latter condition being fulfilled only when the parents are held out of the home by the exercise of a professional activity or when the home has only one parent carrying on a professional activity; the number and age limits of children are set by decree;
« 5° Any other person who had the quality of being entitled to the insured in the mandatory French regime of which the insured was immediately before his or her membership, as long as the conditions that founded the rightful quality remain fulfilled.
"Art. L. 766-1-2. - Care provided abroad to persons referred to in Chapters II to V of this Title shall be entitled to benefits served on the basis of expenses actually set out within the limits of benefits that would have been served for similar care received in France. Special liability rates may be fixed by ministerial order.
"However, where the exposed expenses are clearly excessive in relation to the average cost of similar care in the country of residence, as determined on the basis of the claims submitted to the Caisse des Français de l' étrangers, the Fund may, after seeking the explanations of the insured, adjust the benefits served on the basis of this average cost, without the latter being able to exceed the benefits that would have been due by the credit union under the paragraph.
“Do not apply the provisions of chapters II to V of title VI of Book I, the provisions on sanitary transport of Book III and those contained in chapter II of title III of Book IV.
"The French consular authorities shall communicate to the Caisse des Français de l' étrangers any information necessary for the exercise of its control. » ;
9° After the article L. 766-1, an article L. 766-1-3 is inserted as follows:
"Art. L. 766-1-3. - The Caisse des Français de l' étrangers may proceed to the final delisting of an insured person, after he or she has made his or her observations, where the insured person or one of his or her eligible persons has been guilty of fraud or misrepresentation in order to obtain or attempt to obtain benefits that are not due. » ;
10° After the article L. 766-1, an article L. 766-1-4 is inserted as follows:
"Art. L. 766-1-4. - Where the importance of the expenses presented to the refund warrants, the Caisse des Français de l' étrangers may conduct the medical examination of the insured by a practitioner in France or abroad. The examination may be conducted in a hospital. It aims to define a treatment adapted to the recipient's state that serves as a basis for refunds. The practitioner is selected by the Caisse des Français de l' étrangers after a medical check service. The fees required by the examination are charged to the body. » ;
11° Section 1 of chapter VI is supplemented by two articles L. 766-2-1 and L. 766-2-2 as follows:
"Art. L. 766-2-1. - Subject to the application of the provisions of the last paragraph of Article L. 766-1, the voluntary insurance benefits established in Chapters II to V of this Title shall be payable only if the payable contributions were paid by the member before the risk arises.
"Art. L. 766-2-2. - In the event of a misrepresentation of the remuneration or resources referred to in sections L. 762-3, L. 763-4, L. 765-7 and L. 765-8, the credit union shall, after the interest in producing its observations, reinstate it in the appropriate contribution category. In addition, the member is subject to a penalty equal to the difference between the contributions of the two categories considered, calculated over three years. It must be paid within a time limit set by decree. Otherwise, the credit union shall terminate the membership. The contributions paid remain to the credit union.
"The French consular authorities shall transmit to the competent body any information necessary for the application of this article. » ;
12° Section 2 of chapter VI is supplemented by an article L. 766-2-3 as follows:
"Art. L. 766-2-3. - When the French of the foreigner, residing in a State outside the European Economic Area, do not have all the resources necessary to pay, as an individual member, the contribution corresponding to the lowest level of contribution referred to in the 1st of Article L. 762-3 and the second paragraph of each of the articles L. 763-4, L. 765-7 and L. 765-8, part of that contribution,
"The French consular authorities carry out the initial and periodic monitoring of the resources of the concerned.
"The conditions for the above-mentioned care, as well as the terms and conditions for the application of this article, are set by decree. » ;
13° The last sentence of the sixth paragraph of Article L. 762-3 is deleted;
14° Section 2 of chapter VI is supplemented by an article L. 766-2-4 as follows:
"Art. L. 766-2-4. - The Caisse des Français de l' étrangers may grant members whose age is less than a limit set by order, and with the exception of those referred to in Article L. 765-2-1, a return on their voluntary sickness-maternity-disability insurance contribution or life-threatening illness as provided in Chapters II, III and V of this title. The amount of this dividend, which may vary according to the age of the member, is fixed by decree. This dividend may not be granted to members who are entitled to the contribution provided for in section L. 766-2-3. » ;
15° The second paragraph of Article L. 766-4 is deleted;
16° After the article L. 766-4, an article L. 766-4-1 is inserted as follows:
"Art. L. 766-4-1. - The Caisse des Français de l' étrangers implements a health and social action in favour of:
« 1° Persons referred to in Article L. 766-2-3, taking charge in accordance with the terms set by decree:
“(a) The portion of their contributions that are not paid by this article;
“(b) With respect to the only new entrants to voluntary health insurance, the difference, if any, between the average of health care expenses in the category of contributors to which they belong multiplied by the number of persons concerned and the totality of their contributions - share taken care and part paid by the individual;
"(c) The amount of cash management fees for persons subject to b;
« 2° Of all its affiliates, as part of a program set by ministerial order. » ;
17° In subsection 5 of section 3 of chapter VI, an article L. 766-8-1 is inserted as follows:
"Art. L. 766-8-1. - For the guarantee of the benefits it serves, the Caisse des Français de l' étrangers, on the one hand, constitutes provisions corresponding to the commitments it makes to its members and, on the other hand, has a security reserve sufficient to deal with the hazards of its technical management.
"In addition, in order to limit the financial consequences of exceptional events to which it may be exposed under voluntary occupational accident insurance and occupational diseases, the Caisse des Français de l' étrangers may constitute a special reservation or subscribe to any reinsurance treaties. » ;
18° Article L. 766-9 is as follows:
"Art. L. 766-9. - For the financing of the health and social action referred to in the 1st of Article L. 766-4-1, the Caisse des Français de l' étrangers receives a competition from the State.
"The budget for health and social action is financed, for the action referred to in 2° of the same article, by a fraction of the proceeds of health insurance, occupational accident insurance and occupational diseases and old-age insurance, fixed by ministerial order. » ;
19° Article L. 766-13 is as follows:
"Art. L. 766-13. - Unless otherwise provided, the measures necessary to implement chapters II to VI of this title are determined by decree in the Council of State. »
III. - Article L. 764-4 of the rural code is as follows:
"Art. L. 764-4. - The provisions of Article L. 761-7 of the Social Security Code apply to beneficiaries of section 1 of this chapter and to their beneficiaries. »
IV. - The provisions of I, II and III of this article shall enter into force on 1 January 2002. However:
" - the provisions of the last paragraph of Article L. 762-7 of the Social Security Code, in its drafting of 2° of the II above, do not apply to the voluntary insured persons of the Caisse des Français de l' étrangers and to their right holders of a disability pension or an invalid widow's or widow's pension whose age, on 1 January 2002, is equal to or greater than the minimum age
" - the contributions provided for in the penultimate paragraph of Article L. 766-1 of the same code, in its drafting from 7° of II, are not due by the persons who make their application for membership before 1 January 2004 and meet, at their request, the conditions for the benefit of the provisions of Article L. 766-2-3;
" - the provisions of section L. 766-2-2 of the same code do not apply to compensation statements or regularized resources on the initiative of insured persons before 1 July 2002;
" - effective 1 January 2002 and until the depletion of this sum, the budget for the health and social action of the Caisse des Français de l' étrangers is financed, for the action referred to in 1° of Article L. 766-4-1 of the same code, by an exceptional and unique payment of EUR 7,600,000 from the cumulative results of the caisse at the end of the year 2000.
V. - Part II of Article 49 of Act No. 96-452 of 28 May 1996 on various health, social and statutory measures is repealed. A reduced lump-sum contribution is applicable to persons who have joined the voluntary insurance provided for in Article L. 764-1 of the Social Security Code before the entry into force of Article L. 764-5 of the same code. It is progressively applied to the amount of common law provided for in the article, by 1 January 2007, in accordance with the terms set by decree.
I. - Act No. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State is amended as follows:
1° In the first paragraph of Article 46, after the words: "except in the case where the detachment has been pronounced" are inserted the words: "in an administration or an organization located in the territory of a foreign state or";
2° An article 46 bis is inserted as follows:
"Art. 46 bis. - Unless otherwise agreed, the detachment of an agent in an administration or agency located in the territory of a foreign state or with an international organization does not necessarily involve the affiliation, during the period of detachment, to the special French pension plan under which that agent belongs. » ;
3° An article 46 ter is inserted as follows:
"Art. 46 ter. - An employee who is seconded to an administration or agency located in the territory of a foreign state or to an international organization may apply, even if he is affiliated with the pension plan under which the detachment function is based, to contribute to the pension code regime. In this case, the amount of the pension acquired under the detachment, added to the amount of the pension that may be acquired under the detachment services, cannot be greater than the pension that it would have acquired in the absence of detachment and the pension code of the civil and military pension is, if any, reduced to the amount of the pension acquired during that detachment.
"A decree in the Council of State determines the modalities for the application of this article. »
II. - Act No. 84-53 of 26 January 1984 on statutory provisions relating to the territorial civil service is amended as follows:
1° In the first paragraph of Article 65, after the words: "except in the case where the detachment has been pronounced" are inserted the words: "in an administration or an organization located in the territory of a foreign state or";
2° An article 65-1 is inserted as follows:
"Art. 65-1. - Unless otherwise agreed, the detachment of an agent in an administration or agency located in the territory of a foreign state or with an international organization does not necessarily involve the affiliation, during the period of detachment, to the special French pension plan under which that agent belongs. » ;
3° An article 65-2 is inserted as follows:
"Art. 65-2. - An employee who is seconded to an administration or agency located in the territory of a foreign State or to an international organization may apply, even if he or she is affiliated with the pension plan under the detachment function, to contribute to the National Pension Fund's plan for local government officials. In this case, the amount of the pension acquired under the detachment period, added to the amount of the pension that may be acquired under the services rendered during that detachment period, cannot exceed the pension that it would have acquired in the absence of a detachment and the pension of the National Pension Fund for Local Government Employees is, if any, reduced to the amount of the pension acquired during that detachment.
"A decree in the Council of State determines the modalities for the application of this article. »
III. - Act No. 86-33 of 9 January 1986 on statutory provisions relating to the public hospital service is amended as follows:
1° In the first paragraph of Article 53, after the words: "except in the case where the detachment has been pronounced" are inserted the words: "in an administration or an organization located in the territory of a foreign state or";
2° An article 53-1 is inserted as follows:
"Art. 53-1. - Unless otherwise agreed, the detachment of an agent in an administration or agency located in the territory of a foreign state or with an international organization does not necessarily involve the affiliation, during the period of detachment, to the special French pension plan under which that agent belongs. » ;
3° An article 53 (2) is inserted as follows:
"Art. 53-2. - An employee who is seconded to an administration or agency located in the territory of a foreign State or to an international organization may apply, even if he or she is affiliated with the pension plan under the detachment function, to contribute to the National Pension Fund's plan for local government officials. In this case, the amount of the pension acquired under the detachment period, added to the amount of the pension that may be acquired under the services rendered during that detachment period, cannot exceed the pension that it would have acquired in the absence of a detachment and the pension of the National Pension Fund for Local Government Employees is, if any, reduced to the amount of the pension acquired during that detachment.
"A decree in the Council of State determines the modalities for the application of this article. »
IV. - Act No. 72-662 of 13 July 1972 on the general status of the military is amended as follows:
1° In article 56, after the words: "except in the case where the seconded service has been pronounced", the words are inserted: "to exercise a function in an administration or agency located in the territory of a foreign state, or in international organizations or";
2° An article 56-1 is inserted as follows:
"Art. 56-1. - Unless otherwise agreed, the detachment of a member in an administration or agency located in the territory of a foreign state or with an international organization does not necessarily involve the affiliation, during the detachment period, to the special French pension plan under which that officer is responsible. » ;
3° An article 56 (2) is inserted as follows:
"Art. 56-2. - A member who is seconded to an administration or agency located in the territory of a foreign state or to an international body may apply, even if he is affiliated with the pension plan under which the detachment function is concerned, to contribute to the pension code regime. In this case, the amount of the pension acquired under the detachment, added to the amount of the pension that may be acquired under the detachment services, cannot be greater than the pension that it would have acquired in the absence of detachment and the pension code of the civil and military pension is, if any, reduced to the amount of the pension acquired during that detachment.
"A decree in the Council of State determines the modalities for the application of this article. »
V. - The Civil and Military Pension Code is amended as follows:
1° After the first paragraph of Article L. 15, it is inserted a paragraph as follows:
"For staff removed from the executives after a period of detachment with an administration or agency located in the territory of a foreign state or with an international organization, the basic emoluments are constituted by the last emoluments related to the index corresponding to the grades, classes and levels held for at least six months at the date of the pension deduction, whether or not they have given rise to a pension. » ;
2° Article L. 87 is as follows:
"Art. L. 87. - In no case shall the time deducted in the liquidation of a pension acquired under this Code or one of the pension plans of the communities referred to in Article L. 84 not intervene in the liquidation of another pension repaid from the services rendered to the State.
"In the event that the employee or member who is seconded in an administration or agency located in the territory of a foreign state or with an international organization during his or her career has opted for the continuation of the deduction provided for in Article L. 61, the amount of the pension acquired under this code, added to the amount of the pension that may be served in respect of the services rendered in the detachment position, may not exceed the pension that he or she has acquired in the amount
"The pensioner referred to in the preceding paragraph has an obligation to communicate annually to the liquidator service of the department responsible for the budget elements in order to assess the amount of his foreign pension. In the absence of this liquidator service, the amount of the pension is reduced to the time spent in this detachment position.
"The accumulation of two or more pensions acquired for services rendered in successive jobs is permitted. »
VI. - The provisions of this section shall apply to agents in the course of detachment.
By derogation from the provisions of the first sentence of Article L. 64 of the Code of Civil and Military Retirement Pensions, officers who have made a period of detachment with an administration or agency located in the territory of a foreign State or with an international body before the date of entry into force of this Act and not removed from the executives on that date may claim the amount of contributions paid during these periods under the special pension plan In the absence of such an application, their French pension will not be subject to abatement. The elements to assess the amount of the foreign pension shall be communicated under the conditions set out in the third paragraph of Article L. 87 of the Civil and Military Pension Code.
The civil servants or members who have made a period of detachment with an administration or agency established in the territory of a foreign State or with an international body and removed from the executives before the date of entry into force of this Act may obtain, on their request, the restitution of the amounts of their pension whose payment was suspended or reduced under the provisions of Article 46 of Law No. 84-16 of 11 January 1984 Suspensions or reductions will cease from the coming into force of this Act.
A decree in the Council of State shall determine the modalities for the implementation of this VI.
The date of application of this section is 1 January 2002.
In the last paragraph of Article L. 231-12 of the Social Security Code, the words "With the exclusion of employers' representatives" are deleted.
I. - The rural code is amended as follows:
1° Article L. 723-15 is supplemented by a sentence as follows:
"People who, as a result of a previous agricultural activity, continue to be entitled to health insurance benefits are attached to the college they were receiving before they cease their activity. » ;
2° Section L. 723-16 is repealed;
3° The last two paragraphs of Article L. 723-17 are deleted;
4° The first paragraph of Article L. 723-17 is replaced by two paragraphs as follows:
"In each canton, the electors of the first and third colleges elect six cantonal delegates and six alternates, four delegates and four alternates for the first college and two delegates and two alternates for the third.
"If, in each college, the number of electors of one or more cantons is less than one hundred, the representative of the State in the department shall, after consultation with the board of directors of the agricultural social mutuality fund, bring together two or more neighbouring cantons to form electoral districts grouped at least one hundred electors or, if not, all electors of the department. In this case, regardless of the electoral district, the number of cantonal delegates is equal to the number of eligible delegates in a single canton plus one unit per additional canton grouped. » ;
5° In the first paragraph of Article L. 723-18, the number: "three" is replaced by the number: "four";
6° The second paragraph of Article L. 723-18 is as follows:
"However, if the number of electors in one or more cantons is less than one hundred, the representative of the State in the department shall, after consultation with the board of directors of the agricultural social mutuality fund, bring together two or more neighbouring cantons to form electoral districts that group at least one hundred electors or, if not, all electors in the department. In this case, regardless of the electoral district, the number of cantonal delegates is equal to the number of eligible delegates in a single canton, plus one unit per additional canton grouped. » ;
7° After the article L. 723-18, an article L. 723-18-1 is inserted as follows:
"Art. L. 723-18-1. - By derogation from the provisions of articles L. 723-17 and L. 723-18:
“(a) The departments of Hauts-de-Seine, Seine-Saint-Denis and Val-de-Marne each form an electoral district; the number of cantonal delegates elected directly is equal to the number of common law for each canton grouping at least one hundred electors, plus one unit per canton not reaching that threshold;
“(b) The cities of Paris, Lyon and Marseille each form an electoral district; the number of cantonal delegates elected directly is equal to the number of common law of eligible delegates in a canton for each district grouping at least one hundred electors, plus one unit per district not reaching this threshold;
"(c) When a municipality other than those mentioned in the preceding paragraph is divided into cantons, the electoral district is composed by all the cantons to which it is attached; the number of cantonal delegates elected directly is equal to the number of common law for each canton grouping at least one hundred electors, plus one unit per canton not reaching this threshold. » ;
8° In Article L. 723-28, the number: "two" is replaced by the number: "three";
9° The same article is supplemented by a sub-item:
"In respect of the boxes referred to in Article L. 723-30, the number of delegates per college is multiplied by two. » ;
10° The beginning of article L. 723-29 is as follows:
"The board of directors of a departmental fund of agricultural social mutuality is composed of:
« 1° Twenty-seven members elected by the departmental general assembly for five years, due to:
“(a) Nine members elected by the cantonal delegates of the first college by the absolute majority of the votes cast in the first round and by the relative majority in the second round;
“(b) Twelve members elected by the cantonal delegates of the second college by the ballot according to the proportional representation to the strongest remains without bandaching, rature or preferential vote and according to the order of presentation;
"(c) Six members elected by the cantonal delegates of the third college by the absolute majority of the votes cast in the first round and by the relative majority in the second round... (the rest without change)”;
11° The 1° and 2° of the article L. 723-30 are thus written:
« 1° Twenty-seven members elected by the cantonal delegates of each college gathered in the general assembly of the multi-departmental body, in accordance with the terms provided for in Article L. 723-29, for five years, at the following: nine representatives of the first college, twelve representatives of the second college and six representatives of the third;
« 2° Two family representatives, one employee and one non-salarie, jointly appointed by the departmental unions of the family associations concerned on the proposal of the rural family associations. » ;
12° The last paragraph of Article L. 723-30 is deleted;
13° The first five paragraphs of Article L. 723-32 are thus written:
"The central board of directors of the agricultural social mutuality is thus composed:
« 1° Twenty-seven members elected by the Central General Assembly of Agricultural Social Community for five years, due to:
“(a) Nine directors elected by the delegates of the first college by an absolute majority of the votes cast in the first round and by a relative majority in the second round;
“(b) Twelve administrators elected by the delegates of the second college, by ballot according to the proportional representation to the strongest remains without bandaching, rature or preferential vote and according to the order of presentation;
"(c) Six directors elected by the delegates of the third college by an absolute majority of the votes cast in the first round and by a relative majority in the second round; »
14° At the 4th of Article L. 723-35, the word "50" is replaced by the word "cent";
15° Article L. 723-19 is supplemented by a paragraph as follows:
"No one can be an elector in more than one of the colleges defined in Article L. 723-15. » ;
16° Article L. 723-21 is as follows:
"Art. L. 723-21. - Members of the boards of directors must not have been sentenced to a correctional penalty or a contravention of the provisions of Book VII of this Code in the five years preceding the date of their election.
"Can not be elected as members of the board of directors of an agricultural social mutuality organization or lose the benefit of their mandate:
« 1° Persons belonging to the first and third colleges who have not met their obligations with respect to declarations and mandatory payments with respect to the organizations of agricultural social mutuality that they report;
« 2° Members of the staff of the agricultural social mutuality organizations, as well as former members who have ceased their activities for less than five years, if they were acting as directors in the organization for which they sought a warrant, or who have been terminated for less than ten years on disciplinary grounds;
« 3° Employees or non-employed persons who have the functions of administrator, director or manager of a business, institution or association for profit, who have a financial contribution from the organization of agricultural social mutuality or who participate in the provision of work, supplies or services for the benefit of the organization or in the execution of insurance, lease or lease contracts.
"Also lose the benefit of their mandate the people who cease to rise from an agricultural social protection regime. » ;
17° Article L. 723-23 is as follows:
"Art. L. 723-23. - The elections for the election of the cantonal delegates of the three colleges take place on the same day on a date fixed by order of the minister responsible for agriculture.
"The vote takes place in the town halls of the cantonal chiefs, under the chairmanship of the mayor or his delegate.
"The elector may vote by correspondence under the conditions established by the decree provided for in Article L. 723-40. » ;
18° After the article L. 723-36, an article L. 723-36-1 is inserted as follows:
"Art. L. 723-36-1. - When the chair of the board of directors of a farm social mutuality fund is a member of the first or third college, the first vice-president is elected to the directors of the second college.
"When the president is a member of the second college, the first vice-president is elected to the directors of the first and third colleges. »
19° The last paragraph of Article L. 723-3 is supplemented by the words: "and entrust to the cantonal delegates elected directly from the three colleges that they designate all missions, which they perform free of charge."
II. - The mandates of cantonal delegates who expire on 27 October 2004 and the terms of reference of the members of the boards of directors of the agricultural social mutuality funds elected by these delegates are extended until 31 March 2005.
The terms of office of the members of the Central Board of Directors of the Agricultural Social Mutuality that expires on 4 February 2005 are extended until 31 May 2005.
III. - The provisions of 3° to 7° and 10° to 14° of I, as well as the 3° of Article L. 723-21 of the Rural Code, come into force only upon the expiry of the terms of reference of the directors mentioned in II.
After the first paragraph of Article L. 442-3 of the Code of the Judiciary, it is inserted a paragraph as follows:
"The right to vote may also be exercised by correspondence under conditions established by decree in the Council of State. »
The 2nd of Article L. 723-11 of the Rural Code is supplemented by a d as follows:
"(d) By passing conventions in the materials and organizations defined in sections L. 723-7, L. 723-8 and L. 723-9, which, when approved by the Minister for Agriculture, are applicable in law throughout the organizations of Agricultural Social Mutuality. »
Article L. 243-4 of the Social Security Code is supplemented by a paragraph to read:
"Payment of dues and majorations and delay penalties is also guaranteed, as of 1 January 1956, by a legal mortgage in accordance with applicable land advertising requirements. »
The 6th of section L. 722-20 of the rural code is supplemented by the words: ", as well as non-owned personnel of the establishment "Domaine de Pompadour whose contracts were transferred to the Public Institution Les Haras nationales".
Article L. 741-23 of the rural code is as follows:
"Art. L. 741-23. - The social insurance premiums of agricultural workers are obligatoryly paid by employers to the appropriate agricultural mutuality fund under conditions determined by decree. »
At the end of the second paragraph (1°) of Article L. 722-1 of the rural code, the words: "or tourist reception structures that support the operation" are replaced by the words: " or tourist reception structures, as necessary by decree, located on the operation or in the premises of it, including accommodation and restoration".
I. - In the first paragraph of Article L. 722-5 of the Rural Code, the reference: "L. 312-5" is replaced by the reference: "L. 312-6".
II. - The division and title of section 2 of chapter I of title VI of Book VII of the same code are inserted before section L. 761-11.
III. - In the first sentence of the first paragraph of Article L. 761-21 of the same code, the reference: "L. 761-18" is replaced by the reference: "L. 761-19".
The second sentence of the fourth paragraph of Article L. 724-11 of the Rural Code is deleted.
Article L. 731-15 of the Rural Code is supplemented by a sub-item:
"In respect of professional income used to calculate the social contributions of non-salaried persons, the difference between the compensation awarded in compensation for the slaughter of a flock realized in the context of the fight against bovine spongiform encephalopathy and the value in stock or in account of the purchases of the slaughtered animals may be taken into account, on their request, for the chiefs of exploitation or agricultural enterprise »
In article L. 732-55 of the rural code, the words: "number of dependent or high children" are deleted.
I. - Article L. 751-24 of the rural code is as follows:
"Art. L. 751-24. - The proportion of contributions to prevention expenditures as well as to the costs of management, medical control and health and social action shall be determined by order provided for in Article L. 751-15. »
II. - I applies effective January 1, 2002.
I. - Article L. 761-15 of the rural code is as follows:
"Art. L. 761-15. - In no case shall the benefits granted to the beneficiaries of this subsection be less than those enjoyed by non-agricultural workers. »
II. - In the first paragraph of Article L. 761-17 of the same code, the reference: "L. 761-15" is replaced by the reference: "L. 761-13".
I. - Sub-section 1 of chapter III, section 3, title IV, of Book I of the Social Security Code is amended as follows:
1° In Article L. 143-3, the words: "Subject to the provisions of the second paragraph of Article L. 143-2," are deleted and the words: " magistrates or magistrates fees of the administrative or judicial order, officials, in activity or fees, of employees, of employers or of independent workers and of doctors" are replaced by the words: "of a president, magistrate of the seat of the court of appeal
2° After L. 143-4, articles L. 143-5 and L. 143-6 are inserted as follows:
"Art. L. 143-5. - I. - The assessors representing the employees and assessors representing the employers or self-employed are appointed for three years renewable by decree of the Seal Guard, Minister of Justice, on a list prepared by the first president of the Court of Cassation on the proposal of the most representative professional organizations concerned.
"An equal number of alternate assailants is concisely and in the same forms.
“II. - Employers are required to leave to employees of their business, assessors of the National Court of Incapacity and Costing of Insurance of Industrial Accidents, the time required for the performance of their duties.
"Art. L. 143-6. - The National Court of Incapacity and Costing of Insurance of Industrial Accidents includes sections whose number and powers are determined by decree in the Council of State. Each section consists of its president and two assessors representing one employee, the other independent employers or workers.
"The assessors belong to the agricultural professions when the dispute concerns a national of these professions and the non-agricultural professions if not.
"The seat of the National Court of Incapacity and Costing of Insurance of Industrial Accidents is set by decree in the Council of State. »
II. - By derogation from the provisions of Article L. 143-3 of the Social Security Code, the first president of the Court of Appeal in whose jurisdiction the National Court of Incapacity and Costs of Insurance of Industrial Accidents has its seat may designate, until 1 January 2003, judges of the Judiciary fees to exercise the functions of section president provided for in this article.
III. - 1. Sub-section 1 of chapter III, section 2, of Book I, title IV, of the same code includes three articles L. 143-2, L. 143-2-1 and L. 143-2 as follows:
"Art. L. 143-2. - The contestations mentioned in 1°, 2° and 3° of Article L. 143-1 are submitted to courts of the litigation of the incapacity.
"The courts of disability litigation include five members. They consist of a president, Honorary Judge of the Administrative or Judicial Order, two assessors representing wage workers and two assessors representing independent employers or workers.
"If an honorary magistrate cannot be appointed as president, the Presidency shall be assured by a personality with guarantees of independence and impartiality, and that its competence and experience in the legal fields shall qualify for the exercise of these functions.
"The President shall be appointed for three years by order of the Seal Guard, Minister of Justice, on a list of four names drawn up by the first president of the Court of Appeal in the jurisdiction of which the court has its seat.
"An alternate president is appointed in the same form and under the same conditions.
"The presidency of a trial training may be provided by an honorary magistrate or a qualified personality other than the president of the court, designated in the same forms.
"The replacement of a presiding judge may be ensured, in the event of an incapacity, by the president of the court or any of the presiding officers appointed by order of the president of the court.
"The assessors belong to the agricultural professions when the dispute concerns a national of these professions and the non-agricultural professions if not.
"They are designated for a period of three years renewable by the first president of the Court of Appeal in whose jurisdiction the court has its seat on lists prepared on the proposal of the most representative professional organizations concerned, as the case may be, by the head of the Regional Service for Labour Inspection, Employment and Agricultural Social Policy or by the Regional Director of Health and Social Affairs.
"Alternate assessors are referred to in the same forms.
"An allowance is allocated to the members of the court for the performance of their duties.
"Employers are required to leave the time necessary for the performance of their duties to employees in their business, assessors of a court of lawfulness of disability.
"A decree in the Council of State determines the modalities for the application of this article.
"Art. L. 143-2-1. - The incumbent and alternate assessors of the courts of the litigation of disability must be of French nationality, at least twenty-three years of age, have the capacity to be sworn as a court of siege and have not been subject to any convictions provided and repressed by the social security code.
"Before they take office, they individually sworn in before the Court of Appeal to perform their duties with zeal and integrity and to keep the secret of the proceedings. Their functions are incompatible with those of a member of the boards of social security or agricultural social mutuality.
"The recusal of an assessor of a litigation court of incapacity may be requested under the conditions set out in Article L. 143-8.
"The incumbent or alternate assailant who, without a legitimate reason and after a stay, refrains from attending a hearing may be declared a resign. The president of the court of the litigation of the incapacity notes the refusal of service by minutes, the assailant previously heard or duly called. In the light of the record, the court of appeal in the jurisdiction of which the court has its seat shall rule in a solemn hearing after calling the person concerned.
"A failure of an assessor to honour, probity, dignity or duties of his office constitutes a fault.
"The sanctions that can be imposed are the blame, the suspension for a period that cannot exceed six months, the loss. The blame and suspension are pronounced by order of the seal guard, Minister of Justice. The demise is pronounced by decree.
"The assailant is called by the president of the court to which he belongs to explain himself on the facts that are charged to him. Within one month of the date of the summons, the minutes of the sitting of the court shall be sent by the president of the court to the first president of the court of appeal in the jurisdiction of which the court has its seat and to the Attorney General near the court of appeal, who shall promptly transmit it to the security guard, Minister of Justice.
"The assailant who, after his designation, loses his ability to be sworn or is convicted of an offence planned and repressed by the Social Security Code is deprived of his right.
"On the proposal of the first president of the court of appeal in the jurisdiction of which the court of law of incapacity has its seat, the guard of the seals, Minister of Justice, seized a complaint or informed of facts that may result in criminal proceedings against an assessor, may suspend the person concerned for a period not exceeding six months. The procedure provided for in the seventh preambular paragraph shall be applied.
"Art. L. 143-2-2. - The provisions of Article L. 143-2-1, with the exception of its fourth paragraph, shall apply to the presidents of the courts of the litigation of the incapacity that are not honorary magistrates.
"For the purposes of the seventh paragraph of this section, the functions entrusted to the president of the court are performed by the first president of the court of appeal in the jurisdiction of which the court has its seat, which transmits the minutes of the court of appearance to the security guard, Minister of Justice. »
2. In article L. 144-1 of the same code, the words: "and by the courts of the litigation of incapacity" are deleted.
IV. - Sub-section 1 of section 3 of chapter III of title IV of Book I of the same code is supplemented by articles L. 143-7 to L. 143-9 as follows:
"Art. L. 143-7. - The incumbent and alternate assessors of the National Court of Incapacity and Costing of Insurance for Industrial Accidents must be of French nationality, at least twenty-three years of age, have the capacity to be sworn as a court of siege and have not been subject to any convictions provided and repressed by this Code.
"Before they take office, they individually sworn in before the Court of Appeal to perform their duties with zeal and integrity and to keep the secret of the proceedings. Their functions are incompatible with those of a member of the boards of social security or agricultural social mutuality.
"Art. L. 143-8. - The challenge of an assessor may be requested:
« 1° If he or his spouse has a personal interest in the dispute;
« 2° If he or his spouse is a parent or allied of one of the parties to the fourth degree inclusive;
« 3° If there has been or if there is a trial between him or his or her spouse and one of the parties or spouse;
« 4° If he has previously known the case as an assessor;
« 5° If there is a subordination link between the assailant or his spouse and one of the parties or his or her spouse;
« 6° If there is friendship or notorious enmity between the assailant and one of the parties.
"Art. L. 143-9. - A holder or alternate assailant who, without a legitimate reason and after a stay, refrains from attending a hearing may be declared a resign. The President of the National Court of Incapacity and Costing of Industrial Accident Insurance notes the refusal of service by minutes, the assailant previously heard or duly called. In the light of the minutes, the court of appeal in the jurisdiction of which the court has its seat shall rule in a solemn hearing after calling the person concerned.
"A failure of an assessor to honour, probity, dignity or duties of his office constitutes a fault.
"The sanctions that can be imposed are the blame, the suspension for a period that cannot exceed six months, the loss. The blame and suspension are pronounced by order of the seal guard, Minister of Justice. The demise is pronounced by decree.
"The assailant is called by the president of the National Court of Incapacity and Costing of Industrial Accident Insurance before the section to which he belongs to explain himself on the facts that are charged to him. Within one month of the date of the summons, the minutes of the trial session shall be sent by the President of the Court to the first President of the Court of Appeal in the jurisdiction of which the National Court has its seat and to the Attorney General near the said Court of Appeal, who shall promptly transmit it to the security guard, Minister of Justice.
"The assailant who, after designation, loses his or her ability to be sworn or is convicted of an offence planned and repressed by this Code shall be deprived of his or her right.
"On the proposal of the first president of the Court of Appeal in the jurisdiction of which the National Court of Incapacity and Costing of Insurance of Industrial Accidents has its seat, the guard of the seals, Minister of Justice, seized a complaint or informed of facts that may result in criminal proceedings against an assessor, may suspend the interested party for a period not exceeding six months. The procedure provided for in the fourth preambular paragraph shall be applied. »
I. - The last paragraph (2°) of Article L. 242-13 of the Social Security Code is as follows:
« 2° A contribution to the charge of the insured persons referred to in 5° to 11° and to the penultimate paragraph of Article II of Article L. 325-1, based on the benefits of old age of a basic plan, a supplementary plan or a plan to the employer, whether these benefits are served under French legislation or legislation of another State, and on the allowances and replacement income referred to in Article-2. The procedure for taking into account the benefits of old age acquired under the legislation of another State for the calculation of the contribution taken from the benefits served by a French regime is determined by decree. The contribution is pre-counted by the French debtor organizations for the benefit of the local plan during each payment of these benefits or allowances and paid directly to that plan. »
II. - The first paragraph of Article L. 242-13 of the same code is supplemented by the words "and by the first paragraph of Article L. 380-2".
III. - The 9° of Article L. 325-1 of the same code is as follows:
« 9° Holders of an old age advantage, regardless of their place of residence in metropolitan France or overseas departments, who have raised local health insurance plans either for the five years prior to retirement or termination of business, or for ten years during the fifteen years prior to retirement or termination of business, provided that they justify the longest term of affiliation to the pension plan. "
IV. - The 10° of the II of Article L. 325-1 of the same code is thus written:
"10° Holders of an old-age advantage who do not meet the conditions set out in the preceding paragraph, regardless of their place of residence in Metropolitan France or overseas departments, who have raised from the local health insurance plan for at least sixty quarters of insurance within the meaning of the legislation applicable to the general old-age insurance plan and who require the benefit in an old-aged period and in accordance with specified terms "
V. - After the 10° of the II of the article L. 325-1 of the same code, it is inserted an 11° as follows:
"11° Holders of an old-age benefit under French legislation or under French legislation and legislation of one or more other Member States of the European Union or parties to the agreement on the European Economic Area, regardless of their place of residence in metropolitan France or in overseas departments, which have benefited, as a border worker according to the regulations08 »
VI. - After article L. 325-2 of the same code, an article L. 325-3 is inserted as follows:
"Art. L. 325-3. - The local regime management body has a health and social action, which is primarily intended for populations at risk of precariousness, provided that it does not compromise its financial balance. »
VII. - The holders of an old age benefit referred to in the 9th, 10th and 11th of the II of Article L. 325-1 of the Social Security Code, who do not benefit from the local health insurance scheme at the date of publication of this Act, may only benefit if they apply for it within a period and in terms determined by decree.
The holders of an old age advantage from the date of publication of this Act shall be entitled to the local regime under the conditions set by the 9°, 10° and 11° of the II of Article L. 325-1 of the same Code.
I. - At the end of the first paragraph of Article L. 761-3 of the Rural Code, the words "in the twelfth paragraph" are replaced by the words "in the penultimate paragraph".
II. - The third paragraph (2°) of Article L. 761-5 of the same code is as follows:
« 2° A contribution to the charge of insured persons under this chapter and entering into the categories referred to in 5° to 11° of II of Article L. 325-1 of the Social Security Code, based on the old-age benefits of a basic plan, a supplementary plan or a plan to the employer's expense, whether these benefits are served under French legislation or by legislation of another State, and on the replacement of the allowances mentioned in the second paragraph. The procedure for taking into account the benefits of old age acquired under the legislation of another State for the calculation of the contribution taken from the benefits served by a French regime is determined by decree. The contribution is pre-counted by the French debtor organizations for the benefit of the local plan during each payment of these benefits or allowances and paid directly to that plan. »
III. - In the last sentence of the third paragraph of Article L. 761-10 of the same code, after the reference: "L. 136-2", the words "and in the first paragraph of Article L. 380-2".
IV. - After article L. 761-10 of the same code, an article L. 761-10-1 is inserted as follows:
"Art. L. 761-10-1. - The board of directors of the specific management body of the local regime sets out the general principles and means of the policy of health and social action for beneficiaries of the local agricultural regime, especially those at risk of precariousness or exclusion. It attributes individual or collective support, provided that it does not compromise the financial balance of the plan. »
V. - Holders of an old age benefit under the social protection regime of agricultural workers and entering into the categories referred to in the 9th, 10th and 11th of the II of Article L. 325-1 of the Social Security Code, who do not benefit from the local health insurance scheme at the date of publication of this Act, may only benefit if they so request and within a time and in the manner determined by decree.
Persons under the social protection regime of agricultural workers who have become holders of an old age benefit from the date of publication of this Act shall be entitled to the local regime under the conditions laid down by the 9°, 10° and 11° of the II of Article L. 325-1 of the same Code.
Article L. 862-1 of the Social Security Code is supplemented by a paragraph to read:
"The Supplementary Protection Fund may employ private law officers governed by collective agreements applicable to social security personnel. »
Section 1 of Chapter VII of Title VI of Book VII of the Social Security Code reads as follows:
“Section 1
« Centre des liaisons européennes
and International Social Security
"Art. L. 767-1. - The Centre des liaisons européennes et internationales de sécurité sociale is a national public institution with an administrative character and financial autonomy, which in particular ensures the role of a liaison agency between French social security institutions and foreign social security institutions for the application of European Community regulations and international social security agreements. The centre also provides this role with respect to the institutions of French territories and local authorities with autonomy in social security.
"The missions of the centre are defined by decree in the Council of State.
"For the exercise of these missions, the European and International Social Security Liaison Centre may employ non-registrants with which it enters fixed-term or indeterminate contracts. This centre may also recruit private law officers governed by collective agreements applicable to social security personnel. The titularization rights of officers acquired under Act No. 84-16 of 11 January 1984 relating to statutory provisions relating to the public service of the State and Act No. 2001-2 of 3 January 2001 relating to the resorption of precarious employment and the modernization of recruitment in the public service as well as the working time in the local public service are preserved.
"The Centre for European and International Social Security Liaisons is financed by contributions from social security schemes, under conditions set by decree in the Council of State. »
The Government shall, as soon as this Act is published, organize a consultation with trade union organizations with regard to the election of representatives of employees in the boards of directors of the bodies of the general social security system and with employers' organizations with regard to the election of representatives of employers.
The total of the retirement pension and the military disability pension attributable to the spouse and orphans of the member of the fire brigade of Paris, the Maritime Marine Battalion of Marseilles, and the command of the military civilian security formations, who died during a relief operation or injuries received during a rescue operation and who was promoted or appointed posthumously to the higher grade or upper body, is the total of the pension pension pension pension pension and pension benefit pension benefit pension benefit.
These provisions apply to pensioners who cause the member referred to in this section who died from the date of coming into force of this Act.
The first sentence of the first paragraph of Article L. 145-7 of the Social Security Code is as follows:
"The Social Insurance Section of the National Council for the Order of Physicians is chaired by a State Councillor, appointed at the same time as one or more alternate State Councillors by the Seal Guard, Minister of Justice. »
I. - The social security code is amended as follows: 1° The title in chapter II, section 2, of Book II title I, is read as follows: "Family Allowance Maritime Fund";
2° Article L. 212-3 is as follows:
"Art. L. 212-3. - By derogation from the provisions of Article L. 212-2, the board of directors of the maritime family allowance fund is composed of thirty-five members, including fifteen representatives of the shipowners and independent workers, fifteen representatives of the employees, four representatives of the family associations and one qualified person. » ;
3° Section L. 212-4 is repealed.
II. - The provisions of I will come into force on 1 January 2002. From this date onwards, the cash pool for family allowances has been established and the activities of the National Fund for Family Allowances for Maritime Fisheries and the National Fund for Family Allowances for Commercial Seafarers are terminated. The assets and obligations of the National Fund for Family Allowances for Maritime Fisheries and the National Fund for Family Allowances for Commercial Seafarers are transferred to the Maritime Fund for Family Allowances.
After article L. 932-24 of the Social Security Code, an article L. 932-24-1 is inserted as follows:
"Art. L. 932-24-1. - For the implementation of the mutual professional plans under the first paragraph of Article L. 912-1, a separate account shall be maintained of the other operations of the institution or union and shall, at the end of the year, establish a special results account. An order of the Minister for Social Security shall determine the terms and conditions for the application of this section. »
Is ratified Order No. 2001-377 of 2 May 2001 adopted for the application of Council Regulation (EEC) No. 1408/71 of 14 June 1971 concerning the application of social security schemes to employed workers and members of their families who move within the Community and amending the rules for the subjection of income of activity and of replacement to the general social contribution and contribution made to the contribution to the reimbursement of the social debt-1
I. - The spouse of a liberal professional may cooperate with the company, provided:
- not to be paid in that capacity;
- not to exercise an activity exceeding a half-time;
- having made the personal and voluntary declaration before the Union to collect social security and family allowance contributions.
He is then deemed to be a partner of a liberal professional.
II. - The co-working spouse of a liberal professional may receive specific and limited terms from the head of business for acts related to the current management and operation of the business. He is then subject to the obligation of professional secrecy, under penalty of having his civil liability involved in the event of a breach. The head of business may terminate the specific mandate by declaration made, barely invalid, before notary, his spouse present or duly called.
III. - The 6th of Article L. 742-6 of the Social Security Code is thus written:
« 6° Employee spouses defined in Article 46 of Law No. 2002-73 of January 17, 2002 on social modernization. Voluntary membership in old age insurance shall be entitled, for spouses who work in any of the business activities referred to in Article L. 622-5, to benefits defined in 1° of Article L. 642-1 and in the first paragraph of Article L. 644-1, and, for spouses who work in the persons referred to in Article L. 723-1, to the basic plan referred to in first paragraph 23 of Article 1 The terms and conditions for the application of these provisions are defined by decree. This Order sets out the conditions and deadlines in which the collaborating spouse can redeem the contributions for the years of collaboration prior to the date of affiliation with the plans referred to above. »
IV. - The terms and conditions for the application of this article shall be determined by decree.
I. - Article L. 642-3 of the Social Security Code is supplemented by a paragraph to read as follows:
"It is exempt from the payment of the quarter of the lump sum contribution referred to in Article L. 642-1 for women who have paid in the year for which the contribution is called. The period opening the right to exemption is the calendar quarter in which the delivery occurs. The provisions of Article L. 131-7 shall not apply to this exemption. »
II. - After article L. 723-5 of the same code, an article L. 723-5-1 is inserted as follows:
"Art. L. 723-5-1. - Are exempt from the payment of the quarter of the lump sum contribution referred to in the first paragraph of Article L. 723-5 for women who have paid in the year for which the contribution is called. The period opening the right to exemption is the calendar quarter in which the delivery occurs. The provisions of Article L. 131-7 shall not apply to this exemption. »
I. - Act No. 97-277 of 25 March 1997 creating retirement savings plans is repealed.
II. - 1° ter of section 83, the b ter of 5 of section 158, the 11 of section 206, the last sentence of 3 of section 209 bis and the last paragraph of section 219 quater of the general tax code and, in the fifth paragraph of section L. 242-1 of the social security code, the words: ", including employer abounds in pension plans."
III. - I bis of section 235 ter Y of the general tax code is repealed.
I. - The fund referred to in Article L. 135-1 of the Social Security Code pays annually to the bodies referred to in Article L. 921-4 of the same Code the sums due under an agreement between the State and those bodies that are necessary for the coverage:
(a) Contributions due as of 1 January 1999 for the periods of collection of the special allowances of the National Employment Fund referred to in 2° of Article L. 322-4 of the Labour Code, of the progressive pre-retirement allowances referred to in 3° of the same Article, of the specific solidarity allowances referred to in Article L. 351-10 of the same Code;
(b) Reimbursement of amounts due prior to January 1, 1999 for the validation of the collection periods for a.
II. - The amounts due annually under the agreement referred to in I and the dates of payment shall be determined by joint order of the Minister for Social Security and the Minister for Budget.
III. - The terms and conditions for the application of this article shall be determined, if any, by decree in the Council of State.
IV. - In the first paragraph of Article L. 135-3 of the Social Security Code, after the words: "specified in Article L. 135-2", the words are inserted: "and in Article 49 of Law No. 2002-73 of 17 January 2002 of social modernisation".
V. - These provisions are applicable on 1 January 2001.
I. - The last sentence of the second paragraph of Article 15 of Act No. 2000-1207 of 13 December 2000 on overseas orientation is deleted.
II. - The Social Security Code is amended as follows:
1° The 4th of Article L. 135-2 is supplemented by an e thus written:
“e) Periods of payment of the solidarity leave allowance provided for in section 15 of Act No. 2000-1207 of 13 December 2000 for overseas orientation. » ;
2° At the penultimate paragraph of the same article, the words "a, b and d" are replaced by the words "a, b, d, and e";
3° At the end of the 2nd of Article L. 351-3, after the words: "as mentioned in the last paragraph of Article L. 352-3 of the Labour Code", the words are inserted: "or the leave-solidarity allowance referred to in Article 15 of Act No. 2000-1207 of 13 December 2000 of orientation for the overseas".
I. - The code of social action and families is thus amended:
1° The title of Chapter I is thus written: "Family homes and modalities of accreditation";
2° Article L. 441-1 is as follows:
"Art. L. 441-1. - To usually accommodate in his or her home, on a costly basis, adults or adults with disabilities who do not belong to his or her family to the fourth degree included and, in the case of adult persons with disabilities, do not fall within the provisions of Article L. 344-1, a person or a couple must, in advance, be approved, renewable, by the President of the General Council of his or her department of residence who instructs the application.
"The approved person or couple is referred to as a family friendly.
"The accreditation decision sets, within three limits, the number of people that can be accommodated.
"Accreditation can only be granted if the conditions of reception guarantee the continuity of the reception, the protection of the health, the safety and the physical and moral well-being of the persons welcomed, if the hosts have committed themselves to undergo an initial and ongoing training and if social and medico-social follow-up to them can be assured. Any refusal of approval is motivated.
"In the event of a change of residence, the licence shall remain valid subject to a prior statement to the President of the General Council of the new place of residence, which shall ensure that the conditions referred to in the fourth paragraph are met.
"Accredit is, unless otherwise stated, eligible to receive beneficiaries of social assistance under articles L. 113-1 and L. 241-1. » ;
3° Article L. 441-2 is as follows:
"Art. L. 441-2. - The President of the General Council organizes the control of the foster family, their replacements and the social and medico-social follow-up of the welcomed people.
"If the conditions referred to in the fourth paragraph of Article L. 441-1 cease to be fulfilled, he or she enjoins the family host to remedy it within a time limit set by the decree mentioned in the same article. If it has not been satisfied with this injunction, the approval shall be withdrawn after notice of the advisory board. Accreditation may also be withdrawn on the same terms and at the end of the same period, in the event of non-conclusion of the contract referred to in Article L. 442-1, or if the contract fails to meet the requirements mentioned in the same article, in the event of non-subscription of an insurance contract by the host, or if the amount of the representative allowance referred to in Article L. 442-1 is manifestly In the event of an emergency, the approval may be withdrawn without prior injunction or consultation with the previously mentioned commission. » ;
4° Article L. 442-3 becomes Article L. 441-3;
5° An article L. 441-4 is inserted as follows:
"Art. L. 441-4. - A decree in the Council of State sets out the terms and time limits for the instruction of the application for approval, the procedure for withdrawal, the composition of the advisory board for withdrawal, the period for which such approval is granted and renewed as well as the time limit to represent a new application after decision of refusal or withdrawal. » ;
6° The title of Chapter II is as follows: "Contract between the person being welcomed and the fosterer";
7° Article L. 442-1 is as follows:
"Art. L. 442-1. - Any person who is housed in a family home or, if necessary, his legal representative passes with the said welcoming a written contract.
"This contract is in accordance with the terms of a standard contract established by regulation after the advice of representatives of the Presidents of General Council. This model contract specifies the duration of the trial period and, past this period, the conditions under which the parties may modify or denounce the contract, the period of prevenance that may not be less than two months, and the allowances that may be due.
"This contract specifies the nature and material and financial conditions of the reception. It includes:
« 1° A daily remuneration for the services rendered and a leave allowance calculated in accordance with the provisions of Article L. 223-11 of the Labour Code;
« 2° Where applicable, compensation for special hardships;
« 3° A representative allowance for the current maintenance costs of the recipient;
« 4° A representative compensation for the disposition of the room(s) reserved for the person(s).
"The remuneration and the allowances referred to in 1° and 2° obey the same tax system and mandatory social contributions as wages. This remuneration, which cannot be less than a minimum fixed by decree and evolves as the minimum wage of growth provided for in Article L. 141-2 of the Labour Code, shall result in the payment of a minimum of contributions allowing the validation of the periods considered for the determination of the right to pension in accordance with the provisions of the first paragraph of Article L. 351-2 of the Social Security Code. The allowances referred to in 2° and 3° respectively shall be between a minimum and a maximum fixed by decree. The minimum amounts are revalued in accordance with the evolution of consumer prices, excluding tobacco prices, which is expected, for the calendar year in question, in the economic and financial report annexed to the Finance Act.
"This contract also provides for the rights and obligations of the parties and the entitlements for the annual leave of the family homeowners and the means to replace them. » ;
8° Section L. 442-2 is repealed;
9° Section L. 443-1 is repealed;
10° In L. 443-2, the words: "Articles L. 441-1 and L. 442-1" are replaced by the words: "Article L. 441-1";
11° Section L. 443-3 is repealed;
12° The second paragraph of Article L. 443-4 is deleted;
13° The beginning of the first sentence of Article L. 443-6 is thus written: "The couple or the family-friendly person and, where appropriate, the spouse, the person with whom she has entered into a civil pact of solidarity or his concubin, his or her ascendants or descendants in direct line... (the rest without change). » ;
14° In article L. 443-7, the words "in articles L. 441-2 and L. 442-1" are replaced by the words "in article L. 442-1";
15° In article L. 443-9, the words "in articles L. 441-1, L. 442-1 and L. 442-3" are replaced by the words "in articles L. 441-1 and L. 441-3";
16° In the first sentence of the first paragraph of Article L. 443-10, the words: "to articles L. 441-1 and L. 442-1" are replaced by the words: "to article L. 441-1" and, in the second sentence of that paragraph, the words: "Article L. 441-1" are replaced by the words: "Article L. 441-2";
17° After the first paragraph of Article L. 443-10, it is inserted a paragraph as follows:
"For each recipient, the care facility or service passes a written contract with the family host. » ;
18° In the third paragraph (1°) of Article L. 443-10, the reference: "L. 443-1" is replaced by the reference: "L. 442-1";
19° An article L. 443-12 is inserted as follows:
"Art. L. 443-12. - The legal persons of public law or private law who manage establishments and services referred to in 5° to 7° of Article L. 312-1 may, with the agreement of the president of the General Council, be employers of the foster family.
"In this case, it is concluded between the family host and his employer for each person who has been granted a permanent contract of employment distinct from the hospitality contract. » ;
20° Article L. 313-1 is supplemented by a paragraph as follows:
"The provisions of this article shall apply to couples or persons who usually receive on a temporary or permanent basis, on a full or part-time basis, at their home, on an expensive basis, more than three adults or adults with disabilities. »
II. - The nineteenth paragraph (17°) of Article L. 311-3 of the Social Security Code is as follows:
« 17° Authorized persons who receive adult elderly or disabled persons and who have entered into a contract with them in accordance with the provisions of Article L. 442-1 of the Code of Social Action and Families; "
Article 53 of Act No. 72-662 of 13 July 1972 on the general status of the military is supplemented by a 6° as follows:
« 6° An accompanying leave of a person at the end of life when an ascendant or descendant or a person sharing his or her home is provided with palliative care. This non-retired leave is granted for a maximum of three months, upon written request from the member. The accompanying leave of a person at the end of life is terminated either on the expiration of the three-month period, or within three days after the death of the person accompanied, or on an earlier date. The length of such leave shall be assimilated to an effective period of service. It cannot be charged on the duration of annual permissions. »
Article L. 114-1 of the Code of Social Action and Families is thus written:
"Art. L. 114-1. - The prevention and screening of the disability and the access of the minor or adult with physical, sensory or mental disabilities to the fundamental rights recognized to all citizens, including care, education, training and vocational guidance, employment, guaranteeing a minimum of suitable resources, social integration, freedom of movement and movement, legal protection, sports, leisure, and recreation,
"The person with a disability is entitled to compensation for the consequences of his or her disability regardless of the origin and nature of his or her disability, age or way of life, and to the guarantee of a minimum of resources to cover all the essential needs of everyday life. »
Article L. 245-6 of the Code of Social Action and Families is supplemented by a sentence as follows:
"Amounts paid under the compensatory allowance are not subject to recovery against the recipient when the recipient has returned to better fortune. »
After chapter V of title IV of Book I of the Code of Social Action and Families, a chapter VI is inserted as follows:
“Chapter VI
" Consultation on Persons with Disabilities
"Art. L. 146-1. - The National Advisory Council for Persons with Disabilities ensures the participation of persons with disabilities in the development and implementation of their policies. It ensures the appropriate conditions for the exercise of the coordination function of Article L. 146-2 to the departmental advisory boards.
"It can be consulted by the competent ministers on any project, programme or study of persons with disabilities.
“It can address any issues related to disability policy.
"The council includes representatives of the parliamentary assemblies, departments, associations or organizations of persons with disabilities, developing research in the field of disability or financing their social protection, as well as representative trade union and employers' organizations.
"The composition, the procedure for appointing members of the council and its modalities of operation shall be determined by decree.
"Art. L. 146-2. - The Departmental Advisory Council for Persons with Disabilities provides advice and proposals on the policy directions of disability policy in all areas of social life and on measures to be implemented at the local level to ensure the coordination of the interventions of all institutional or associative partners, including in schooling, social and professional integration, accessibility, housing, transport, access to human or technical assistance and access to sports,
"He is informed of the activity of the departmental commission of special education and the technical commission of vocational guidance and reclassification.
"He is also informed of the content and application of the departmental program of professional integration of workers with disabilities and of equipment and support schemes for persons with disabilities in the department.
"The composition, the conditions of appointment of members of the council and its modalities of operation shall be determined by decree.
"Each departmental advisory council for persons with disabilities is responsible for carrying out, within two years of the date of entry into force of Act No. 2002-73 of 17 January 2002 on social modernization, a census of the number of persons with disabilities residing in the department and the nature of their disability.
"For this reason, he has access to the documents and data of the technical guidance and professional reclassification commissions, the departmental special education commissions, hospitals, reception and accommodation centres for persons with disabilities and any other institution that could provide specific guidance on this subject.
"The departmental advisory council for persons with disabilities is obliged to comply with the existing legislation and regulations to protect the right to privacy and confidentiality of medical information. »
After article L. 5232-2 of the Public Health Code, an article L. 5232-3 is inserted as follows:
"Art. L. 5232-3. - The issuance of home-maintenance materials, orthotics, orthopaedic materials and certain associated benefits, listed by order of the Minister for Health, is subject to an obligation of training or professional experience of their distributors. The conditions of application of this Article shall be determined by decree. »
The fifth paragraph (2°) of Article L. 381-1 of the Social Security Code is supplemented by a sentence as follows:
"The disputes to which the application of this paragraph may take place fall within the scope of the technical litigation of social security referred to in Article L. 143-1 of this Code. »
I. - In chapter III, section 5, title II, of Book VI of the Social Security Code, articles L. 623-7, L. 623-8 and L. 623-9 are inserted as follows:
"Art. L. 623-7. - Mandatory or optional supplementary old-age insurance schemes under this book, managed by the autonomous organizations mentioned in 1°, 2° and 3° of Article L. 621-3, may not provide, in the event of the cancellation of affiliates, different conditions for the maintenance of pension rights, as the insured or their entitled persons remain in the French territory or will reside in another Member State of the European Community or a State Party to the European Agreement
"Art. L. 623-8. - Managers of compulsory or optional old-age insurance plans referred to in Article L. 623-7 shall provide for the payment of pension benefits or benefits to insured persons and their beneficiaries residing in another Member State of the European Community or a State Party to the agreement on the European Economic Area, net of taxes and fees.
"The provisions of the first paragraph shall apply to the payment by the same organizations of the disability or death benefits of the plans under this book.
"Art. L. 623-9. - Managers of compulsory or optional old-age insurance plans referred to in Article L. 623-7 are required to address their nationals who cease to be affiliated before they have liquidated their rights, no later than three months after the effective date of their delisting, an information note on their retirement rights, including the terms and conditions under which they may obtain the liquidation of their rights. »
II. - In chapter III, section 5, title II, of Book VII of the same code, an article L. 723-25 is inserted as follows:
"Art. L. 723-25. - The provisions of Article 623-7, the first paragraph of Article L. 623-8 and Article L. 623-9 are applicable to the supplementary compulsory or optional old-age insurance plans of the lawyers managed by the Caisse nationale des barreaux français.
"The provisions of the second paragraph of section L. 623-8 shall apply to the disability-decess plan referred to in section L. 723-6. »
III. - In chapter III of title I of book IX of the same code, an article L. 913-3 is inserted as follows:
"Art. L. 913-3. - Any clause in a convention, agreement or unilateral decision of the employer relating to a pension plan in addition to the rights implemented by the mandatory supplementary pension plans under title II of this book and ensuring differently the maintenance of the pension rights of employees, former employees and entitled persons according to whether they remain in French territory or will reside in another Member State of the European Community or a State Party to the Agreement »
IV. - Article L. 914-2 of the same code is as follows:
"Art. L. 914-2. - Institutions under title III or title IV of this book, the organizations referred to in a, c and article 1 of Act No. 89-1009 of 31 December 1989 strengthening the guarantees offered to insured persons against certain risks and the companies that, under section 911-1, constitute for the benefit of the persons they provide or their employees pension rights in addition to those carried out by the compulsory pension plans of the year
"When the employee leaves the business prior to having his or her pension rights liquidated, the said organizations, institutions or businesses shall, within three months of the date on which the contributions are no longer paid, provide the employee with an information note on his or her rights, including the terms and conditions under which he or she will obtain the winding-up and, where the contract or regulation of the plan provides, the terms and time limits of their transfer to another plan. »
V. In chapter IV of title I of book IX of the same code, two articles L. 914-3 and L. 914-4 are inserted as follows:
"Art. L. 914-3. - The payment by an institution under title III or title IV of this book, one of the organizations mentioned in a, c and d of article 1 of Act No. 89-1009 of 31 December 1989 referred to above, or by any company, to employees, former employees and entitled persons residing in another Member State of the European Community or a State Party to the agreement on the European Economic Area, benefits or benefits of invalidity, retirement or in case
"Art. L. 914-4. - Employees temporarily detached by their employer in a Member State of the European Community or in a State Party to the Agreement on the European Economic Area to carry on an employee or assimilated activity pursuant to the provisions of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 concerning the application of social security schemes to employees, non-workers and members of their family who travel within the Community
"The employees of another Member State of the European Community or of a State Party to the Agreement on the European Economic Area temporarily detached, by their employer, on French territory, to carry on an employee or assimilated activity under the provisions of the regulations mentioned in the first paragraph and that continue to pay contributions to a supplementary plan in that State are exempted, as well as their employer, from contributing to the disability pension plans, »
VI. - The provisions of articles L. 623-9 and L. 914-2 of the Social Security Code take effect three months after the date of publication of this Act.
VII. - The provisions of the second paragraph of Article L. 914-4 of the Social Security Code shall apply, at the latest, to detachments of employed workers beginning on 25 July 2001.
I. - Book I of the first part of the Public Health Code is supplemented by a title IV as follows:
« TITRE IV
« PREVENTION OF RISKS BY CERTAIN
DIAGNOSTICAL AND THERAPETIC ACTIVITIES
« Single Chapter
"Art. L. 1141-1. - The practice of acts, processes, techniques and methods intended for diagnostic or therapeutic purposes, as well as the prescription of certain medical devices that may present, in the state of medical knowledge, serious risks to patients may be subject to the following rules:
" - the training and qualification of professionals who may prescribe or implement them in accordance with the Code of Medical Ethics;
" - on the technical conditions of their realization.
"They can also be subject to good practice.
"The list of these acts, processes, techniques, methods and requirements and the rules applicable to them shall be determined by decrees made after the advice of the National Health Accreditation and Assessment Agency and, where the use of medical devices is involved, the French Health Product Safety Agency. These decrees may provide for periodic evaluations to which professionals subject to them are required to cooperate. »
II. - In the first paragraph of Article L. 1421-1 of the same code, after the words: "to water intended for human consumption", the words are inserted: "to prevent the risks associated with certain diagnostic or therapeutic activities".
III. - The first paragraph of Article L. 5413-1 of the same code is supplemented by the words: ", Article L. 1141-1 and the regulatory measures taken for its application".
IV. - As part of improving the quality of care, the Government will ensure that the medical specialties of emergency medicine and geriatrics are defined and clarified.
I. - Article L. 632-2 of the Education Code is as follows:
"Art. L. 632-2. - The third cycle of medical studies is open to all students who have validated the second cycle of medical studies.
"For the completion of this cycle of studies, the choice of disciplines and the university hospital center of connection is subordinate to the rank of classification to the tests of the boarding school. Medical students in the schools of the military health service exercise this choice within a list set by interdepartmental order.
"Decrees in the Council of State determine the modalities of the tests, the organization of the third cycle of medical studies, the duration of the trainings required during this cycle and later to obtain, according to disciplines, a qualification and the manner in which the internals, regardless of the chosen discipline, can, within the limits compatible with the evolution of medical techniques and demography, change direction and acquire training through research. »
II. - Article L. 632-5 of the same code is amended as follows:
(a) In the first paragraph, the words "and residents" are deleted;
(b) In the second paragraph, the words: "Interns and residents" are replaced by the words: "No matter what the boarding discipline, internals";
(c) The third paragraph reads as follows:
"General medical officers serve in a semester in a university hospital and in another semester with qualified general practitioners. Internal staff other than general medicines perform their duties for at least two semesters in hospitals other than a university hospital, unless the number of services duly accredited as trainers does not permit. The terms and conditions for the application of the provisions of this Article shall be determined by a decree, taking into account, inter alia, the training requirements of each specialty. »
III. - Sections L. 632-6, L. 632-7 and L. 632-8 of the same code are repealed.
IV. - The first two paragraphs of Article L. 632-10 of the same code are as follows:
"The ministers responsible for higher education and health determine each year the number of interns in medicine so that all students who have validated the second cycle of medical studies can undertake a third cycle, and set the distribution according to the terms provided by decree in the Council of State.
"The list of services and formative departments and the distribution of interns posts in the departments and departments are decided by the representative of the State in the region after the advice of a commission whose composition and functioning are fixed by decree. A decree in the Council of State sets the conditions for assigning interns to medical students in the schools of the military health service. »
V. - Article L. 632-12 of the same code is as follows:
"Art. L. 632-12. - Decrees in the Council of State determine:
« 1° The conditions under which nationals of the Member States of the European Community, the Principality of Andorra or the States parties to the agreement on the European Economic Area other than France, holders of a graduate degree of medical studies or equivalent title, may access a third cycle of general or specialized medicine;
« 2° The modalities whereby physicians from the Member States of the European Community, the Andorran Principality or the States Parties to the Agreement on the European Economic Area, having exercised their professional activity for at least three years, may access a postgraduate training of medical studies different from their initial training; the skills acquired are taken into account for the duration and conduct of these trainings;
« 3° The rules of access to postgraduate training for doctors other than nationals of the Member States of the European Community, Andorra's Principality or States parties to the European Economic Area Agreement;
« 4° The conditions under which persons authorized to practise medicine in France may obtain the qualification of a specialist. »
VI. - The provisions of I, II, III and IV are applicable to students who have access to the second year of the second cycle of medical studies from the academic year 2001-2002.
VII. - Students who do not meet the conditions of the VI and who will not have exhausted their possibilities of application to the boarding competitions provided for in the provisions of this Law shall retain these possibilities until the end of the academic year 2003-2004, under conditions provided by decree in the Council of State.
VIII. - Article L. 4131-6 of the Public Health Code is supplemented by a paragraph to read:
« 3° Nationals of a Member State of the European Community, the Principality of Andorra or a State Party to the Agreement on the European Economic Area, holders of a degree obtained in one of these States, other than those defined in Article L. 4131-1 may be authorized to practise medicine in France. »
I. - Section L. 6152-3 of the Public Health Code is repealed.
II. - In article L. 6152-6 of the same code, the reference: "L. 6152-3," is deleted.
I. - Section 60, except VIII, is applicable in French Polynesia and New Caledonia.
II. - Chapter III of Title VIII of Book VI of Part III of the Education Code is supplemented by an article L. 683-3 as follows:
"Art. L. 683-3. - The modalities for organizing the training of the internals in the services and formative departments of French Polynesia are the subject of a convention approved by decree of ministers responsible for health, higher education and overseas. »
III. - Chapter IV of Book VI, title VIII of Part III of the Code is supplemented by an article L. 684-3, as follows:
"Art. L. 684-3. - The modalities for organizing the training of the internals in the training departments and departments of New Caledonia are the subject of a convention approved by decree of ministers responsible for health, higher education and overseas. »
The second paragraph (1°) of Article L. 6152-1 of the Public Health Code is as follows:
« 1° Physicians, biologists, odontologists and pharmacists whose status, which may provide for specific provisions according to which these practitioners devote all or part of their activities to these establishments, is established by regulation; "
I. - Article L. 633-1 of the Education Code is amended as follows:
1° Before the first preambular paragraph, a subparagraph shall read:
"Theroric and practical pharmaceutical studies are organized by the pharmaceutical education and research units or, where applicable, by medical and pharmaceutical training and research units. They must allow students to participate effectively in hospital activity. »
2° In the first paragraph, after the words: "Pharmacy students can do internships", the words are inserted: "in pharmacies for internal use and".
II. - Article L. 6142-17 of the Public Health Code is supplemented by a 5° as follows:
« 5° Conditions under which certain provisions of this chapter may be made applicable to pharmaceutical studies and pharmacists. »
I. The Public Health Code is amended as follows:
1° In the first paragraph of Article L. 6142-1, after the words "medical public education" and after the words "medical research" are inserted the words "and pharmaceutical";
2° In the first paragraph of Article L. 6142-3, after the words: "training unit and medical research unit", the words "and pharmacy" are inserted;
3° Section L. 6142-9 is repealed;
4° In the first paragraph of Article L. 6142-11, after the words: "medical research" are inserted the words: "pharmaceous"; after the words: "medical education", are inserted the words: " or pharmaceutical"; after the words "public health" are inserted the words "or the regional pharmacist";
5° In the first paragraph of Article L. 6142-12, after the words: "related to teaching", are inserted the words: "from pharmacy and"; after the words: "students in pharmacy in" are inserted the words: " pharmacies for internal use and";
6° In the first paragraph of Article L. 6142-12, the words: "or on the occasion of the elaboration of the list of biology laboratories of the regional hospital centre that may be placed completely or partially outside the hospital and university center under Article L. 6142-9" are deleted;
7° In the 1st of Article L. 6142-16, the words: "articles L. 6142-9 and" are replaced by the words: "of the article";
8° In the 4th of Article L. 6142-17, the words "may be" are replaced by the word "are";
9° The 5th of Article L. 6142-17 is supplemented by the words: "in particular the necessary transitional measures and the modalities of the initial, hospital and university joint recruitment, as well as the conditions under which teachers of the pharmacy research units having both hospital and academic functions may request to be integrated into the new body or to maintain the body regime to which they belong".
II. - The education code is modified as follows:
1° In the penultimate paragraph of Article L. 633-5, the words "resident" and "resident" are replaced by the words "hospitals";
2° In the second paragraph of Article L. 633-1, the words: "some teachings of biology" are replaced by the words: "the teachings";
3° In article L. 713-6, after the word "medical", the word "pharmacist" is inserted and, after the words "medical research" are inserted the words "and pharmaceutical".
It shall be inserted before the last paragraph of section 9 of Act No. 91-73 of 18 January 1991 on provisions relating to public health and social insurance, two subparagraphs thus written:
"Physicians who have graduated from the state of doctor in medicine prior to the implementation of the terms of granting the diploma, as defined by Act No. 82-1098 of 23 December 1982 relating to medical and pharmaceutical studies, who have ordinal competence respectively in thoracic surgery or pediatric surgery or reconstructive plastic surgery or cosmetic surgery or urology may apply, before 1 January 2002, their registration as specialists
" Similarly, physicians who have graduated from the state of medical doctor prior to the implementation of the terms and conditions for granting the diploma, as defined by Act No. 82-1098 of 23 December 1982 referred to above, who are specialised in general surgery, may apply before 1 January 2002 their registration as specialists in visceral and digestive surgery. In this case, registration is granted after notice of specific qualification commissions placed with the National Council for the Order of Physicians whose composition will be fixed by decree. »
The period provided for in the sixth and seventh paragraphs of Article 9 of Act No. 91-73 of 18 January 1991 referred to above is 1 January 2003.
I. - The last sentence of the third paragraph B of Article 60 of Act No. 99-641 of 27 July 1999 establishing universal health coverage is deleted.
II. - The same article is supplemented by an IV as follows:
"IV. - Prior to December 31, 2003, candidates for the exercise authorization who have performed hospital functions in France for more than ten years and who have failed either to check the knowledge conducted under the previous regime or to the suitability tests provided for in I will be able to apply to a board of appeal whose composition, operation and referral procedures will be defined by order. »
I. - By derogation from section L. 4111-1 of the Public Health Code, foreign persons who hold a degree, certificate or other title referred to in section L. 4141-3 of the said Code, or French or foreign physician who hold a diploma, title or certificate whose scientific value is attested by the Minister responsible for universities and who have exercised, for at least three years before January 1, 1999, in public health institutions
Periods for the preparation of specialization degrees are not included in the calculation of the duration of functions.
Interested persons must have completed national fitness tests conducted before December 31, 2002 and defined by regulatory provisions under the fourth paragraph of section L. 6152-1 of the Public Health Code.
By derogation from the above provisions, persons with the status of refugee, stateless persons and beneficiaries of the territorial asylum, as well as French persons with a foreign degree who have returned the national territory at the request of the French authorities, may apply for these tests without completing the requirement of exercise in the health facilities referred to in the first paragraph.
In order to guarantee health security, the conditions under which these surgeons are recruited and carry out their activities are determined by decree in the Council of State.
Surgeons-dentists who hold one of the authorizations established in this section are listed in the Order of Surgeons-dentists and subject to the Disciplinary Jurisdiction of the Order of Surgeons-dentists.
The provisions of this Article constitute special provisions or exceptions within the meaning of 1° of Article L. 4161-2 of the Public Health Code for the purposes of the said Article of the Code.
As from the publication of this Act and subject to the above provisions, public health institutions may no longer recruit new dental surgeons with diplomas, titles or certificates issued in countries other than those of the European Community and that the States parties to the Agreement on the European Economic Area and Andorra that pursuant to the provisions of Articles L. 4111-1 to L. 4111-4 of the Public Health Code, except that they have been issued
The provisions of the preceding paragraph do not apply to persons preparing a speciality degree in France, only for the duration of the training, and to persons with the status of refugee, stateless, or beneficiary of the territorial asylum as well as to the French who returned the national territory at the request of the French authorities.
Persons who have served for three years the contractual functions provided for in the first paragraph of this section may be authorized by order of the Minister for Health to carry out dental surgery in France. They are not recorded in the maximum number of authorizations provided for in the fourth paragraph of section L. 4111-2 of the Public Health Code.
It may also be authorized to carry out dental surgery under the same conditions for persons who do not serve the duration of the duties set out in the preceding paragraph, but who have met both the tests referred to in the third paragraph and held hospital functions for six years. They are not recorded in the maximum number of authorizations provided for in the fourth paragraph of section L. 4111-2 of the Public Health Code.
The practitioners referred to in the first paragraph who meet the conditions set out in sections L. 4111-1 to L. 4111-4 of the Public Health Code may be listed as a practising practitioner in public health institutions. The registration conditions on this aptitude list are set by regulation.
Candidates for the exercise authority may, if applicable, refer to the appeal board provided for in section IV of Act No. 99-641 of 27 July 1999 establishing universal health coverage.
II. - The first sentence of the third paragraph of the third paragraph of Article 60 of Act No. 99-641 of 27 July 1999 above is supplemented by the words: "or of the year 2002 for dental surgeons".
I. - Article L. 4151-7 of the Public Health Code is supplemented by a paragraph to read as follows:
"The admission to these schools for the preparation of the midwife state diploma is subordinated to the ranking in a useful rank following the tests of the examination held at the end of the first year of the first cycle of medical studies. »
II. - These provisions are applicable from the beginning of the academic year 2002-2003.
The first sentence of the second paragraph of Article L. 145-2 of the Labour Code is as follows:
"For the determination of the elusive fraction, consideration shall be given to the amount of the remuneration, its accessories and, where appropriate, the value of the benefits in kind, after deduction of compulsory social contributions and contributions. »
After the I of Article L. 136-2 of the Social Security Code, it is inserted an Ibi as follows:
"I bis. - The contribution is made on the base corresponding to the lump sums applicable to the categories of employees or assimilations covered by the decrees taken under articles L. 241-2 and L. 241-3 of this Code and L. 741-13 of the Rural Code, in their writing in force on the date of publication of the last Social Security Financing Act. »
The first paragraph of each of articles 72 of Act No. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State, 95 of Act No. 84-53 of 26 January 1984 on statutory provisions relating to the territorial public service and 90 of Act No. 86-33 of 9 January 1986 on statutory provisions relating to the public hospital service is replaced by eight paragraphs thus drafted:
"A decree in the Council of State defines private activities only because of their nature cannot exercise an official placed in one of the following statutory situations or positions:
« 1° Termination of functions;
« 2° Availability;
« 3° Detachment;
« 4° Out of frames;
« 5° Availability;
"6° Temporary exclusion of functions.
"It may provide that this prohibition will be limited in time. »
Article 87 of Act No. 93-122 of 29 January 1993 on the prevention of corruption and transparency of economic life and public procedures is thus drafted:
"Art. 87. - Within each of the three public functions, a commission is established which is obligatoryly consulted by the administrations for the application of the provisions laid down in article 72 of Act No. 84-16 of 11 January 1984 relating statutory provisions relating to the public service of the State, to article 95 of Act No. 84-53 of 26 January 1984 bearing statutory provisions relating to the territorial public service and to article 90 of Act No. 86-33
"The commissions established in the previous paragraph are responsible for appreciating the compatibility with their previous functions of private activities that public servants wish to perform in one of the following statutory situations or positions:
« 1° Termination of functions;
« 2° Availability;
« 3° Detachment;
« 4° Out of frames;
« 5° Availability;
"6° Temporary exclusion of functions.
"A decree in the Council of State sets the conditions for the application of this article. »
The benefit of the provisions of Article 3 of Act No. 87-503 of 8 July 1987 relating to certain situations arising from the events of North Africa may again be requested by the parties concerned within one year of the promulgation of this Act.
The last paragraph of section 9 of Act No. 82-1021 of 3 December 1982 relating to the settlement of certain situations resulting from the events of North Africa, the Indochina War or the Second World War is replaced by two paragraphs, as follows:
"A decree sets out the composition of the administrative reclassification commissions set out in articles 17 et seq. of Order No. 45-1283 of 15 June 1945 referred to above. These commissions are composed jointly by representatives of the administration and representatives of the beneficiaries appointed on the proposal of the Advisory Committee on Returnees provided for in the Order of February 6, 2001.
"This decree specifies the terms and conditions for the appointment of the members of the administrative reclassification commissions and their president, as well as their operating conditions. »
Receivable to the system of indebtedness of returnees resettled in a non-employed profession defined by Decree No. 99-469 of 4 June 1999 on the indebtedness of returnees resettled in a non-employed profession, records filed between 1 August 1999 and the last day of the calendar month following the date of promulgation of this Act.
The contractual agents of the National Library of France, according to the date of publication of this Act, who were recruited before 8 October 1998 to contribute to the completion of the missions, on the one hand, of the construction of the buildings of Tolbiac and Marne-la-Vallée and, on the other hand, of the development, of the collections, of the organization and of the opening of the buildings
By derogation from the provisions of Article 10 of Law No. 69-3 of 3 January 1969 concerning the exercise of the ambulatory activities and the regime applicable to persons travelling in France without domicile or fixed residence, persons who are without fixed domicile may, if they wish, elect domicile either from an agency approved for this purpose by decision of the administrative authority, either from a communal or inter-communal center of social action, for the purpose of
After the second paragraph of section 4 of Act No. 95-66 of 20 January 1995 on access to the driver's activity and to the taxi operator's profession, two paragraphs are inserted:
"In the event of a final incapacity, as determined by decree, resulting in the withdrawal of the driver's licence from all categories, parking licensees acquired on an expensive basis may present a successor without condition of effective and continuing operation.
"The beneficiaries of this faculty will no longer be able to drive taxis, or to request or operate one or more parking permits until after five years after the date of submission of the successor. »
The third article L. 211-3 of the Education Code is thus written:
"The state advances the costs of construction of public institutions that it creates under this article. Reimbursement of this advance is a mandatory expense for the community as defined in section L. 1612-15 of the general code of territorial authorities. The amount of appropriations allocated by the State to these expenses is determined annually by the Financial Law. »
Subject to the rulings of justice passed in force of judgment, are validated:
1° As they intervened under the retroactive provisions of articles 40 to 42 of Decree No. 96-113 of 13 February 1996 bearing the special status of the body of directors of health and social establishments and amending Decree No. 88-163 of 19 February 1988 bearing special status of the ranks and jobs of the management staff of the establishments mentioned in Article 2 (1°, 2° and 3°) of Act No. 86-33 hospital of 9 January 1986
(a) The reclassifications made since 1 August 1995 in the 2nd class of directors of health and social institutions, of the directors of the 4th class governed by the decree of 19 February 1988 referred to above;
(b) Appointments in the 3rd class of their bodies, directors of the 4th class governed by Decree No. 88-163 of 19 February 1988 referred to above and admitted to the professional competitions of the sessions 1996 and 1997;
2° As they intervened under the provisions of Article 4 of Decree No. 96-113 of 13 February 1996, as set out above, cancelled by the Council of State on 13 March 1998, the appointments as an intern director of candidates admitted to the external and internal competitions to the 2nd class of the body of directors of health and social institutions of the 1996 and 1997 sessions;
3° As a result of the national competition of Type III hospital practitioners in the multi-purpose psychiatry specialty organized under the year 1994 and cancelled by a decision of the Council of State dated 9 June 1999, the appointments made under the decree of 23 January 1995 setting the lists of aptitude established after the national competition of hospital practitioner 1994;
4° As they have admitted a number of students higher than that authorized by the decree of March 31, 1999 of the prefect of the Ile-de-France region fixing the number of students admitted in the first year of preparatory study for the diploma of massur-kinesi therapist in the schools or institutes of training in masso-kinesitherapy of the region of Ile-de-France, the acts of November taken
5° As their regularity is questioned on the basis of the illegality of the ministerial order of 9 March 1989 and of the amended order of 26 April 1991 taken for the application of section 235 of Decree No. 83-1260 of 30 December 1983 establishing the statutory provisions common to the bodies of officials of the public scientific and technological institutions, which designate categories of personnel to appear on the list of experts called to participate in the juries
6° As their regularity is questioned on the basis of the illegality of the composition of the boards of eligibility not including at least three research officers of this institution, the appointments of research directors and research officers of the National Centre for Scientific Research during the 1991-1998 competitions;
7° As their regularity is questioned on the basis of the illegality of the ministerial order of 29 April 1992, the appointments of the staff on the fitness list provided for in I and II of Article 10 of Decree No. 88-163 of 19 February 1988 referred to above, as management staff of 1st and 2nd class of establishments referred to in Article 2 (1°, 2° and 3°) and
8° As a result of the 1995 Internship in Medicine competition and cancelled by a decision of the Council of State dated 29 May 2000, the assignments made under the Order of 5 May 1988 relating to the organization of the Internship Contests giving access to the threeth specialized cycle of medical studies beginning in the 1988-1989 academic year;
9° The appeals for contributions, techniques and supplements, health insurance, maternity, disability, old age insurance, family benefits and solidarity, due to the social protection scheme of non-employed persons of agricultural professions, as well as supplementary contributions of agricultural social insurance, carried out by the agricultural social mutuality fund and the grouping of agricultural insurance insurers for the years 1991, 1992, 1993, 1994 and 1995 in the department of Gard as
10° As their regularity is questioned on the basis of the illegality of the election of student representatives whose results were proclaimed on 17 July 1998 or of their absence in the deliberations of the council because of the rejection by the administrative court of appeal of the judgment cancelling their election, the decisions and regulatory acts taken after consultation with the National Council of Higher Education and Research;
11° As their regularity is questioned on the basis of the retroactive provisions of Decree No. 99-20 of 13 January 1999 amending Decree No. 90-675 of 18 July 1990 on the specific statutes of the regional academy inspectors and educational inspectors, management acts, decrees and decisions concerning the regional academy inspectors and educational inspectors;
12° As their regularity is questioned on the basis of the illegality of proceedings of judges intervened while some candidates were prevented from attending, appointments as certified professors, professors of physical and sports education, professors of vocational high school of the second grade, principal counselors of education, counselors of psychologists of candidates admitted to the contests reserved for certain non-registrants of the Ministry of National Education, of the
13° As their regularity is questioned on the basis of the illegality of the decrees of 29 April 1999, 12 July 1999, 26 November 1999 and 28 December 1999 appointing and promoting in the active army, which includes conditional appointments, the individual decisions of admission to retirement, with the benefit of the provisions of Article 5 of Act No. 75-1000 of 30 October 1975 amending the law of 13 July 1972 enacting the general status of the military and
Officials of departments who hold a specific job as a medical-social secretary as of 30 August 1992 and who do not meet the conditions of pay for integration in a framework of employment that includes the exercise of the functions of a territorial medical-social secretary are deemed to meet these conditions.
I. - The Code of Military Disability Pensions and War Victims is amended as follows:
1° The last two paragraphs of Article L. 79 are replaced by a paragraph as follows:
"The decisions rendered by the regional pension courts may be referred to the Council of State through the appeal in cassation. » ;
2° Articles L. 95 to L. 103 are repealed;
3° Article L. 104 is as follows:
"Art. L. 104. - Decisions and excerpts, copies, executing copies or shipments that are issued, and generally all procedural acts to which the application of Books I and II of this Code, are exempted from stamping and registration procedures. They bear the express mention that they are made in accordance with this code. »
II. - The provisions of this section shall be effective on the first day of the third month following the coming into force of this Act. The cases pending before the special pension commission are transferred to the State Council.
The first paragraph of Article L. 541-1 of the Education Code is supplemented by two sentences as follows:
"On the occasion of this visit, a screening of specific language disorders is organized. National education doctors work in connection with the education team and health professionals so that, for each child, appropriate care and follow-up is carried out. »
I. - The last paragraph (3°) of Article L. 2213-2 of the General Code of Territorial Communities is replaced by two paragraphs as follows:
« 3° Book on the public track or in any other parking place open to the public parking spaces fitted to vehicles used by persons holding the parking card provided for in Article L. 241-3-2 of the Social Action and Families Code. It may issue parking authorizations, giving the use of these sites on the communal territory, to the persons holding the "hard standing station" card provided for in Article L. 241-3-1 of the same code. Parking without a vehicle's permission on these reserved locations is considered to be inconvenient and constitutes an offence within the meaning of section R. 417-10 of the road code.
"A decree in the Council of State sets the conditions for the application of this article. »
II. - After Article L. 241-3 of the Code of Social Action and Families, two articles L. 241-3-1 and L. 241-3-2 are inserted as follows:
"Art. L. 241-3-1. - Any person with an incapacity of less than 80% making the station hard to stand receives, for a fixed period, a card bearing the mention: "Station hard standing. This card is issued on request by the prefect after medical expertise, including a significant reduction in his capacity and his or her walking autonomy.
"Art. L. 241-3-2. - A parking card for persons with disabilities is granted by the prefect, upon request, to any person with disabilities, holder of the disability card provided for in section L. 241-3, as well as to persons under section L. 18 of the Code of Military Disability Pensions and War Victims and to persons with a pension under that Code, or for a disability of at least 85%, or for a disability
"The parking card for persons with disabilities allows the holder or the third person accompanying him or her to use, in parking spaces open to the public, reserved and equipped for this purpose. It allows, under the same conditions, to benefit from other provisions which may be taken in favour of persons with disabilities by the competent authorities in the field of traffic and parking. »
I. - Book VI of Part 3 of the Public Health Code is amended as follows:
1° At the end of the first paragraph of Article L. 3621-1, the word "aggreent" is replaced by the word "allow";
2° In Article L. 3622-2, the word "accredited" is replaced by the word "authorized";
3° In the first paragraph of Article L. 3622-3, the word "accredited" is replaced by the word "licensed";
4° In the first paragraph of Article L. 3631-1, the word "accredited" is replaced by the word "licensed";
5° In the first sentence of Article L. 3632-4, the word "accredited" is replaced by the word "authorized";
6° In the third paragraph of Article L. 3634-1, the words "three months" are replaced by the words "ten weeks";
7° At the end of the penultimate paragraph of Article L. 3634-1, the words: "related to the organization and promotion of physical and sports activities" are replaced by the word: "above";
8° In the first paragraph of Article L. 3634-2 after the word: "sentence", the words are inserted: ", possibly accompanied by the benefit of a stay that cannot be more than three years;"
9° In the second paragraph (1°) of Article L. 3634-2, the word "accredited" is replaced by the word "authorized";
10° In the last sentence of the fourth paragraph (3°) of Article L. 3634-2, the words "of eight days" are replaced by the words "of one month";
11° In Article L. 3817-1, the words: "Article L. 3621-1 is applicable" are replaced by the words: "The provisions of Book VI of this Part are applicable to Mayotte".
II. - Section 4, paragraph II, of Order No. 2000-548 of 15 June 2000 on the Legislative Part of the Code of Public Health is supplemented by a paragraph that reads as follows:
" - articles 58, 59 and 60 of Act No. 2000-627 of 6 July 2000 amending Act No. 84-610 of 16 July 1984 on the organization and promotion of physical and sport activities. »
I. - Article L. 314-8 of the Code of Social Action and Families is supplemented by a paragraph as follows:
"The operating expenses of the therapeutic coordination apartments referred to in 9° I of Article L. 312-1 are borne by the health insurance plans, without prejudice to the participation of the local authorities. »
II. - Managers of therapeutic coordination apartments receiving approval on the basis of Article L. 162-31 of the Social Security Code on the date of publication of this Act shall have, from that same date, a period of one year to apply for the authorization referred to in Article L. 313-1 of the Code of Social Action and of Families and in accordance with the procedure laid down in Article L. 313-2 of that Act. Accreditation becomes null and void if this authorization has not been sought after the expiry of this period.
I. - Article 226-14 of the Criminal Code is supplemented by a paragraph to read as follows:
"No disciplinary penalty may be imposed as a result of the medical report of abuse to the competent authorities under the conditions provided for in this article. »
II. - Article L. 4124-6 of the Public Health Code is supplemented by a paragraph to read:
"When the disciplinary proceeding is informed of the undertaking, as a result of such a report, of criminal proceedings for breach of professional secrecy or any other offence committed on the occasion of that report, it is likely to adjudicate until the final decision of the criminal court. »
Section L. 4441-10 of the Public Health Code is supplemented by two sub-items:
"No disciplinary penalty may be imposed as a result of the doctor's report of abuse to the competent authorities under the conditions set out in section 226-14 of the Criminal Code.
"When the disciplinary proceeding is informed of the undertaking, as a result of such a report, of criminal proceedings for breach of professional secrecy or any other offence committed on the occasion of that report, it is likely to adjudicate until the final decision of the criminal court. »
Effective 1 January 2002:
1° In Article L. 165-5 of the Social Security Code, the amount of 5 million francs is replaced by the amount of 760 000 EUR;
2° In Article L. 245-4 of the same code, the amount of 50 million francs is replaced by the amount of 15 million euros;
3° In Article 4 of Law No. 96-1143 of 26 December 1996 on the free zone of Corsica, the amount of 1,500 F is replaced by the amount of 230 EUR;
4° The amounts in francs and euros in Article L. 243-14 of the Social Security Code referred to in Appendix II of Order No. 2000-916 of 19 September 2000 on the adaptation of the value in euros of certain amounts expressed in francs in the legislative texts are deleted.
I. - Section 126 of Act No. 84-53 of 26 January 1984 referred to above is supplemented by a II of the Act as follows:
“II. - Non-responsive agents, assigned to a State service before 27 January 1984, having the status of public officer without interruption since their recruitment in that service and who, at the date of publication of this Act, occupy a permanent job in the territorial authorities, or shall be granted leave in accordance with the provisions relating to the social protection of non-registrants of territorial authorities, have the vocation to be held, on their application,
« 1° To justify, by the date of the job nomination proposal, a period of effective public service in the territorial community not less than five years of full-time equivalent over the last eight years, on functions that correspond to those defined by the statutes of that framework;
« 2° To have performed in a state service a period of effective public services at least two years of full-time equivalent, on a permanent job;
« 3° To justify the required qualifications or diplomas of candidates for the external examination of access to the relevant employment framework;
« 4° To meet the requirements of section 5 of title I of the general status of public servants. »
II. - The provisions of this section do not apply to the agents mentioned in sections 47, 53 and 110 of Act No. 84-53 of 26 January 1984 referred to above.
The officers concerned by the provisions of this section shall have a period of six months from the publication of this Act to apply to their community.
In all the articles in which they appear in the Labour Code, the words "social plan" are replaced by the words "employment backup plan".
Article L. 933-2 of the Labour Code is supplemented by a paragraph as follows:
"Training on the priorities, objectives and means of vocational training must focus on the training activities carried out to ensure the adaptation of employees to the evolution of their jobs, the development of their skills as well as the predictive management of the jobs of the companies of the industry, taking into account the predictable evolution of their trades. It must also address the conditions under which employees can benefit from an individual interview on their occupational evolution and the sequences given to them. »
Article L. 322-7 of the Labour Code is supplemented by a paragraph as follows:
"Companies, whose maximum number is fixed by decree, who wish to develop a plan for the predictive management of jobs and skills, including training actions to ensure the adaptation of employees to the evolution of their jobs can benefit from a support device to the design of this plan. This support mechanism will allow the State to take care of a portion of the costs associated with the studies prior to the design of the plan under conditions defined by decree. »
I. - After the first paragraph of Article L. 321-4-1 of the Labour Code, three paragraphs are inserted:
"In companies where the collective length of work of employees is fixed at a level greater than thirty-five hours a week or more than 1,600 hours a year, the employer, prior to the establishment of the employment safeguard plan and its communication pursuant to Article L. 321-4 to staff representatives, must have entered into an agreement to reduce the working time for the collective duration of the work of employees of the company at a level equal to 600 hours.
"If not, he must have entered into negotiations for the conclusion of such an agreement. To this end, it must have convened representative trade union organizations in the company to negotiate and set the venue and schedule of meetings. He must also have provided them with the information necessary to enable them to negotiate in full knowledge and to have responded to any proposals made by trade union organizations.
"When the draft job backup plan is presented to the business committee or, if not, to staff delegates, without the conditions provided for in the second or third paragraph of this article, the business committee or, failing that, staff delegates may, until the consultation procedure provided for in Article L. 321-2 has been completed, refer the judge in the form of the rebuttals in the form of the rebuttal. When the judge suspends the proceedings, he shall set the time limit for the suspension in the light of the elements communicated to him. As soon as the judge finds that the conditions set by the second or third paragraph of this article are met, the judge authorizes the prosecution of the proceedings. In the opposite case, he pronounces, at the end of this period, the nullity of the termination proceedings. »
II. - In article L. 321-9 of the same code, the words: "L. 321-4-1, with the exception of the second paragraph," are replaced by the words: "L. 321-4-1, with the exception of the second, third and fourth paragraphs."
Title III of Book II of the Commercial Code is supplemented by a chapter IX as follows:
“Chapter IX
« Layoffs
"Art. L. 239-1. - Any total or partial cessation of activity of an establishment or an autonomous economic entity with respect to at least one hundred employees shall be preceded, where such termination is not attributable to the liquidation of the corporation under which the establishment is located, by a decision of the executive and supervisory bodies under the conditions defined below.
"This decision is made after the consultations of the business committee set out in chapter II of title III of Book IV of the Labour Code and before those provided for in chapter I of title II of Book III of the same Code. The executive and supervisory bodies of the company shall decide on the presentation of a social and territorial impact study prepared by the head of business and on the direct and indirect consequences arising from the closure of the establishment or autonomous economic entity and the resulting termination of employment.
"A decree in the Council of State defines the content of this study of social and territorial impact. »
After Article L. 239-1 of the Commercial Code, an article L. 239-2 is inserted as follows:
"Art. L. 239-2. - Any strategic development project to be submitted to the executive and supervisory bodies of a company and likely to significantly affect the conditions of employment and work within the company must be accompanied by a social and territorial impact study prepared by the head of business and covering the direct and indirect consequences of the project.
"A decree in the Council of State defines the content of this study of social and territorial impact. »
The second paragraph of Article L. 321-3 of the Labour Code is as follows:
"In the above-mentioned companies or professions where at least fifty employees are usually employed, employers who plan to terminate them under the conditions referred to in the preceding paragraph are required to gather and consult the business committee or, if not, staff delegates. These operations shall be carried out after the completion of the consultation procedures provided for in the first and second chapters of Title III of Book IV of this Code and, where appropriate, after adoption by the management and oversight bodies of the society of the decision provided for in Articles L. 239-1 and L. 239-2 of the Commercial Code. »
It is inserted after article L. 431-5 of the Labour Code, an article L. 431-5-1 as follows:
"Art. L. 431-5-1. - When the head of business makes a public announcement exclusively on the business' economic strategy and whose implementation measures are not of a nature to significantly affect the working or employment conditions, the board of business shall meet straight on its application within forty-eight hours of the announcement. The employer is required to provide any useful explanation.
"The head of business cannot make a public announcement whose implementation measures are likely to significantly affect the working or employment conditions of employees only after informing the company committee.
"When the public announcement affects several companies belonging to a group, the members of the business committees of each company concerned and the members of the group committee and, if applicable, the members of the European works council are informed.
"The absence of information from the business committee, members of the group committee and, where appropriate, members of the European works council pursuant to the above provisions shall be liable to penalties provided for in sections L. 483-1, L. 483-1-1 and L. 483-1-2. »
I. - The second paragraph of Article L. 432-1 of the Labour Code is replaced by six paragraphs as follows:
"The corporate committee is obligatoryly informed and consulted on any proposed workforce restructuring and compression. It provides an opinion on the project and its terms and conditions of application and may make alternative proposals to the project. This notice and possible alternative proposals are forwarded to the competent administrative authority.
"The corporate committee has a right of opposition which translates into the referral of a mediator in accordance with the terms and conditions set out in section L. 432-1-3. During the ombudsman ' s mission, the project in question is suspended.
"The business committee, at its first meeting under the second paragraph of this article, may decide to use the assistance of the accountant under the conditions set out in the first, second, third and sixth paragraphs of Article L. 434-6. In enterprises subject to the provisions of sections L. 435-1 and L. 435-2, provided that the measures envisaged exceed the authority of the institution(s) concerned or that they apply to several establishments simultaneously, this designation shall be made by the central corporate committee. In this case, the second meeting of the institution committee(s) concerned may not take place before the second meeting of the central business committee. If the Central Business Committee does not have the right to appoint an accountant, an establishment committee may use the matter provided that the assignment of the designated accountant is confined to the activities of the establishment concerned.
"On the occasion of the consultation referred to in the second paragraph of this section, the employer is required to provide the corporate committee with a reasoned response to the employer's views and possible alternative proposals during a second meeting that is held within a minimum period of fifteen days from the date of the first meeting. When the business committee appointed an accountant, the second meeting referred to in this paragraph shall be held no later than twenty-one days after the first meeting. The report of the accounting expert is forwarded to the members of the business committee and to the head of business at least eight days before the scheduled date for the second meeting.
"The employer may not submit an employment safeguard plan under section L. 321-4-1 as long as it has not provided a reasoned response to the alternative advice and proposals made by the business committee pursuant to the previous provisions.
"The provisions of the third to sixth preambular paragraphs shall not apply to enterprises in judicial recovery or liquidation. »
II. - In the second sentence of the first paragraph of article L. 434-6 of the same code, the words "in articles L. 432-1 bis and L. 432-5" are replaced by the words "in articles L. 432-1 (fourth paragraph), L. 432-1 bis and L. 432-5".
I. - In the penultimate paragraph of Article L. 435-3 of the Labour Code, the word "fourth" is replaced by the word "nine".
II. - In the fourth paragraph of Article L. 439-2 of the same code, the words "fourth and fifth" are replaced by the words "nine and tenth".
At the end of article L. 321-9 of the Labour Code, the words "L. 432-1, third paragraph" are replaced by the words "L. 432-1, second paragraph".
In the last paragraph of Article L. 432-1 bis of the Labour Code, the word "fourth" is replaced by the word "nine".
After the article L. 432-1-1 of the Labour Code, an article L. 432-1-2 is inserted as follows:
"Art. L. 432-1-2. - When the workforce restructuring and compression project submitted to the corporate committee under section L. 432-1 is likely to affect the volume of activity or employment of a subcontracting business, the ordering company must immediately inform the subcontracting company. The employee's business committee, or if not staff delegates, are immediately informed of this and are provided with any useful explanation as to the likely evolution of the activity and employment. »
After Article L. 432-1-1 of the Labour Code, an article L. 432-1-3 is inserted as follows:
"Art. L. 432-1-3. - In the event of a total or partial cessation of activity of an institution or an autonomous economic entity resulting in the removal of at least one hundred jobs, if there is a significant discrepancy between the project submitted by the employer and the alternative proposals or proposals submitted by the corporate committee, either party may refer to a mediator on a list agreed by the Minister of Labour.
"This referral takes place no later than eight days after the outcome of the information and consultation procedure provided for in the second to fifth paragraphs of Article L. 432-1.
"The choice of the mediator is the subject of an agreement between the head of business and the majority of the members of the corporate committee. In the event of disagreement, the decision shall be taken by the President of the Court of Grand Instance before the most diligent party. He's an emergency statue.
“The duration of the ombudsman’s mission is determined by agreement of the parties. If there is no agreement, it cannot exceed one month.
"The mediator has the broadest powers within his mission to inform himself of the situation of the company.
"After collecting the projects and proposals of the parties, the mediator is responsible for bringing their views together and making a recommendation to them. The parties have a period of five days to notify the mediator in writing of their acceptance or refusal of their recommendation.
"In the event of acceptance by both parties, the recommendation of the mediator shall be forwarded by the mediator to the competent administrative authority. It takes the legal effects of an agreement within the meaning of Articles L. 132-1 and below.
"In the event of a refusal of the recommendation, the mediator shall forthwith transmit it to the company's management or oversight body for the decision under Article L. 239-1 of the Commercial Code. The recommendation must be attached to the social and territorial impact study presented to that body.
"A decree in the Council of State specifies the modalities for the appointment, referral and exercise of the ombudsmen's missions, as well as the conditions of remuneration of their missions by the companies.
"The business committee may refer to the judge in the form of the referees in order to determine whether the proposals made to avoid terminations by the business committee or, where applicable, by the mediator were formulated in the above forms.
“The provisions of this article shall not apply to enterprises in judicial recovery and liquidation. »
[Dispositions declared not in conformity with the Constitution by decision of the Constitutional Council No. 2001-455 DC of 12 January 2002. ]
Article L. 321-1 of the Labour Code is supplemented by a paragraph as follows:
"The termination of employment on an economic basis of an employee can only take place when all the training and adaptation efforts have been made and the reclassification of the employee on a job of the same category as that occupied or on an equivalent job or, if not, and subject to the express agreement of the employee, on a job of a lower class may not be carried out within the framework of the enterprise or, where applicable, The proposed reclassification offers to the employee must be written and accurate. »
After the word "old", the end of the first paragraph of Article L. 321-1-1 of the Labour Code is thus written: ". The selected criteria are assessed by professional category. »
After Article L. 321-2 of the Labour Code, an article L. 321-2-1 is inserted as follows:
"Art. L. 321-2-1. - In companies employing at least fifty employees where the business committee has not been put in place while no minutes of deficiencies have been established and in companies employing at least eleven employees where no staff delegate has been put in place while no minutes of deficiencies have been established, any termination for economic reasons, without the fact that the personal information obligations, The employee thus terminated shall be entitled to compensation which shall not be less than one month ' s gross salary, without prejudice to the termination and notice allowances otherwise owing to him. »
The first paragraph of Article L. 122-14-4 of the Labour Code is supplemented by three sentences as follows:
"When the court finds that the termination occurred while the termination proceedings are null and void, in accordance with the provisions of the fifth paragraph of Article L. 321-4-1, the court shall rule the nullity of the termination and order, at the request of the employee, the continuation of the employment contract. This decision is binding on a provisional basis. When the employee does not apply for the continuation of the employment contract, the court shall grant compensation to the employee that is not less than the wages of the last twelve months. »
I. - The fourth to seventh paragraphs of Article L. 321-4-1 of the Labour Code are replaced by six paragraphs as follows:
" - actions for the internal reclassification of employees on jobs of the same category of employment or equivalent to those they occupy or, subject to the express agreement of the employees concerned, on jobs of lower category;
" - creations of new activities by the company;
" - actions that promote external reclassification to the company, including support for the reactivation of the employment pool;
" - actions to support the creation of new activities or the resumption of existing activities by employees;
" - actions of training, validation of the gains of experience or conversion in order to facilitate the internal or external reclassification of employees on equivalent jobs;
" - measures to reduce or adjust the working time as well as measures to reduce the volume of overtime carried out on a regular basis when this volume shows that the organization of the work of the company is established on the basis of a collective duration manifestly greater than thirty-five hours a week or 1,600 hours a year and that its reduction could preserve all or part of the jobs envisaged to be abolished. »
II. - The same article is supplemented by a sub-item:
"The validity of the job backup plan is appreciated in terms of the means available to the company or, where applicable, the economic and social unit or the group. »
After the word: "release", the end of article L. 122-9 of the Labour Code is thus written: ". The rate of such compensation, different from the reason for termination, is the reason provided for in article L. 321-1 or a ground inherent to the person of the employee, and the method of calculating, based on the gross remuneration that he had previously benefited from the termination of the employment contract, is fixed by regulation. »
Article L. 321-2 of the Labour Code is supplemented by a paragraph as follows:
"If a company or an institution subject to the legislation on business committees has made terminations in a calendar year for economic reasons of more than eighteen persons in total without having to submit a plan for the safeguard of employment under the 2nd or the preceding paragraph, any new economic termination contemplated in the three months following the end of that calendar year shall be subject to the provisions set out in this chapter governing the projects of termination of employees. »
The last paragraph of Article L. 321-4 of the Labour Code is as follows:
"The job backup plan shall determine the modalities for monitoring the effective implementation of the measures contained in the reclassification plan provided for in Article L. 321-4-1. This follow-up is the subject of a regular and thorough consultation of the business committee or staff delegates. The competent administrative authority is associated with the monitoring of these measures. »
The last two paragraphs of Article L. 321-7 of the Labour Code are replaced by five paragraphs as follows:
"The competent administrative authority may, throughout the procedure and up to the last meeting of the business committee, submit any proposal to complete or amend the job backup plan, taking into account the economic situation and financial capacities of the company and, where applicable, the group to which the company belongs.
"The reasoned response of the employer, along with the advice of the business committee or staff delegates, is forwarded to the competent administrative authority. In the absence of a business committee or staff delegates, the proposals of the competent administrative authority are brought to the attention of employees by posting at the workplace and the employer's reasoned response to these proposals.
"The reasoned response of the employer must be sent to the competent administrative authority before the end of the period provided for in the first paragraph of section L. 321-6 for the sending of the letters of termination. Such letters may not be sent to employees once this period has passed, as long as the employer has not forwarded its reasoned response to the competent administrative authority.
"At the end of the procedure referred to in Article L. 321-2, the plan for the safeguard of the permanently arrested employment is transmitted by the employer to the competent administrative authority. The latter has a period of eight days from the date of receipt of the plan to see the possible deficiency. This deficiency is notified to the employer who must immediately inform staff representatives. The employer is required, at the request of the business committee or staff delegates, to organize an additional meeting of the business committee or, if not, staff delegates, for a further review of the job backup plan. This request must be expressed within two working days of notification of deficiency by the competent administrative authority.
"The deadline for the first paragraph of Article L. 321-6 is extended until the day after the above-mentioned meeting. Letters of termination may only be sent to employees from that date. »
After the word: "priority", the end of the first sentence of Article L. 321-14 of the Labour Code is thus written: "in this year".
I. - When a company occupying between fifty and one thousand employees carries out economic dismissals that are likely by their magnitude to affect the economic balance of the employment basin, the representative of the State in the department may bring together the employer, representatives of the trade union organizations of the company concerned, representatives of the consular bodies and interested elected officials. The meeting focuses on how the company can mobilize to contribute to the creation of activities, professional training activities and job development in the job pool. This contribution is proportionate to the volume of jobs removed by the company and takes into account the capacity of the company.
II. - Companies occupying more than one thousand employees, as well as the companies referred to in Article L. 439-6 of the Labour Code, and those referred to in Article L. 439-1 of the same Code, as long as they occupy more than one thousand employees together, are required to take measures enabling the creation of activities and the development of jobs in the employment basin affected by the partial or total closure of the site.
These measures take the form of a company's own shares or actions carried out on behalf of the company by organizations, institutions or companies that are committed to complying with an order's terms of reference.
An agreement signed by the company and the representative of the State in the department specifies the contents of the reactivation actions of the employment basin provided for in the job backup plan and their conditions of implementation. Union organisations of employees and employers, representatives of the consular bodies and the elected officials concerned are gathered by the representative of the State in the department before the signing of the above-mentioned agreement. They are also associated with the monitoring of the implementation of the measures envisaged by the latter.
In the absence of an agreement signed by the company and the representative of the State within six months of the last meeting of the corporate committee under articles L. 321-2 and L. 321-3 of the Labour Code, the employer is required to make a payment to the Public Treasury equal to the maximum amount provided for in paragraph 7 of this II.
In the event of a total or partial non-performance of the agreement at the time specified by the agreement, the employer is required to make a payment to the public treasury equal to the difference between the amount of shares provided for in the agreement and the actual expenditures made.
These payments are the subject of a collection title issued by the representative of the State and transmitted to the treasurer-payer general who assures the recovery.
The undertaking to implement the measures set out in this II shall finance them to a maximum amount fixed within the limit of four times the monthly value of the minimum wage of growth referred to in Article L. 141-2 of the deleted Labour Code. This amount may not be less than twice the monthly value of the minimum wage of employment growth deleted. The State representative sets out the amount applicable to the company based on its financial capacities, the number of jobs removed and the situation of the employment pool, appreciated in terms of economic activity and unemployment.
A decree in the Council of State specifies the conditions for the implementation of this II.
After Article L. 321-4-1 of the Labour Code, an article L. 321-4-3 is inserted as follows:
"Art. L. 321-4-3. - In enterprises or establishments occupying at least one thousand employees, as well as in the enterprises referred to in Article L. 439-6 and those referred to in Article L. 439-1 as long as they work together at least one thousand employees, the employer who plans to make a dismissal on an economic basis is obliged to propose to each employee concerned a reclassification leave, whose duration may not exceed nine months. When the employee refuses this leave, the employer is required to offer the benefit of the measures provided for in section L. 321-4-2.
"The purpose of the reclassification leave is to allow the employee to benefit from training shares and benefits from a support cell for job search procedures. This leave begins, if necessary, with a competency assessment that is intended to allow the employee to define a professional project and, if necessary, to determine the training actions necessary for his reclassification and implementation during the period referred to in the preceding paragraph. The employer finances all of these actions.
"Reclassification leave is made during the notice, whose employee is exempted from performance. When the duration of the reclassification leave exceeds the period of notice, the term of the notice shall be deferred for a period equal to the duration of the reclassification leave remaining to be incurred. During this period, the notice is suspended.
"During the period of suspension of notice, the employee shall be paid monthly compensation to the employer, the amount of which is equal to the amount of the allowance referred to in section 4 L. 322-4. The provisions of the last two paragraphs of the above-mentioned article shall apply to such remuneration.
"The provisions of this article shall not apply to enterprises in judicial recovery or liquidation.
"Social partners may, as part of a national inter-professional agreement, provide a contribution to the actions mentioned in this article.
"A decree in the Council of State sets out the modalities for the application of this article. »
I. - After Article L. 321-4-1 of the Labour Code, an article L. 321-4-2 is inserted as follows:
"Art. L. 321-4-2. - 1. In enterprises not subject to the provisions of Article L. 321-4-3 relating to reclassification leave, the employer is required to propose to each employee whose plan is to make the termination for economic reasons the benefit of the measures for the evaluation of professional skills and support for reclassification. These measures, defined by an agreement entered into and approved under section L. 351-8, are implemented during the period of notice by the body referred to in section L. 311-1. The results of these measures are intended for the employee and the aforementioned organization. They can only be communicated to a third party with the express agreement of the employee.
"The information of employees shall be provided at the maintenance provided for in Article L. 122-14 or at the last meeting of the business or settlement committee or staff delegates held under Article L. 321-3 or Article L. 321-7-1.
"The proposal is contained in the letter of termination.
"In order to be able to benefit from this measure, the employee must at least have four months of seniority in the company, unless the agreement referred to in the first paragraph is more favourable.
"The employee's response time shall be eight days from the date of receipt of the notification of termination by registered letter with a request for notice of receipt.
"The lack of response within the time frame is assimilated to a refusal.
"The employer is required to comply with the notice performance obligations, including compensation obligations. It is therefore required to make the employee available to the organization referred to in Article L. 311-1 when making shares referred to in the first paragraph.
“2. Any employer who makes the dismissal on an economic basis of an employee without proposing the benefit of the device referred to in 1 of this Article shall pay to the organizations referred to in Article L. 325-21 a contribution equal to a month of average gross salary of the last twelve months worked. »
II. - Effective January 1, 2002, employees receiving a conversion agreement receive the allowance referred to in Article L. 351-3 of the Labour Code, the amount of which must be equivalent to the amount of the allowance referred to in Article L. 353-1 of the same Code.
III. - The first paragraph of Article L. 351-8 of the Labour Code is supplemented by a sentence as follows:
"The agreement may also include measures to assess professional skills and support for the reclassification implemented during the period of the employee's term-of-service under the conditions set out in Article L. 321-4-2. »
Article 1 of Act No. 2001-624 of 17 July 2001 on various social, educational and cultural provisions is amended as follows:
1° The first paragraph is supplemented by a sentence as follows:
"These measures may also benefit employees who are dismissed for economic reasons during their period-of-service. » ;
2° The first sentence of the IV is supplemented by the words: "as well as to the benefit of employees dismissed for economic reasons during their period-of-service".
After the second paragraph of Article L. 621-8 of the Commercial Code, it is inserted a paragraph as follows:
"The administrator shall inform the mayor of the commune and the president of the public inter-communal cooperation institution by registered mail, if any, of the fact that a judicial recovery procedure has just been opened to a company with its headquarters in the territory of the commune. »
The provisions of sections 93 to 96, 100, 103, 104, 108, 111 to 115 and 117 to 121 shall apply to termination proceedings pending on the date of entry into force of this Act.
The provisions of sections 97 to 99, 101, 105 to 107, 109, 110, 116 and 122 of this Act are not applicable to them. However, they apply, if any, to the procedures that have been repeated following a judicial cancellation.
I. - In the first paragraph of Article L. 122-1 of the Labour Code, after the word "specified", the words ", whatever its motive, are inserted."
II. - In the first paragraph of Article L. 124-2 of the same code, after the word "temporary" are inserted the words: ", whatever its motive,".
The second paragraph of Article L. 122-3-4 and the second paragraph of Article L. 124-4-4 of the Labour Code are as follows:
"This allowance is equal to 10 per cent of the total gross remuneration due to the employee. A collective agreement or agreement may determine a higher rate. »
I. - The first paragraph of Article L. 122-3-11 of the Labour Code is supplemented by the words: "if the duration of this contract, including renewal, is at least fourteen days and before the expiration of a period equal to half of the contract duration, renewal included, if the duration of this contract, renewal included, is less than fourteen days".
II. - The third paragraph of Article L. 124-7 of the same code is supplemented by the words: "if the duration of this contract, including renewal, is at least fourteen days and before the expiration of a period equal to half the duration of the contract, including renewal, if the duration of this contract, including renewal, is less than fourteen days".
III. - The first paragraph of article L. 122-3-11 and the third paragraph of article L. 124-7 of the same code are supplemented by a sentence as follows:
"For the assessment of the period to be separated from the two contracts, reference is made to the opening days of the company or institution concerned. »
I. - In article L. 152-1-4 of the Labour Code, the words: "L. 122-3-11 and L. 122-3-17" are replaced by the words: ", first and last paragraphs of article L. 122-3-1, second paragraph of article L. 122-3-3 and articles L. 122-3-11 and L. 122-3-17".
II. - Article L. 152-2 of the same code is amended as follows:
1° The b of the 2nd is thus written:
“(b) Use of a temporary employee without having entered into a contract with a temporary employment contractor, within the period provided for in Article L. 124-3, of a written contract of disposition or failing to communicate, in the contract of disposition, all the elements of remuneration in accordance with the provisions of Article L. 124-3. » ;
2° The 1st is completed by a f as follows:
“(f) Not knowingly the provisions of the first paragraph of Article L. 124-4-2; "
Article L. 432-4-1 of the Labour Code is supplemented by three paragraphs as follows:
"When the business committee is aware of facts that may characterize an abusive use of fixed-term employment contracts and temporary employment contracts, or when it finds a significant increase in the number of employees employed in the fixed-term employment contract and under temporary work contract, it may decide to refer the labour inspector to the labour inspector so that the employee makes the findings that he considers useful.
"Without prejudice to the competencies that he holds under sections L. 611-1 and L. 611-10, the Labour Inspector shall report to the employer on his findings. The employer communicates this report to the business committee at the same time as its reasoned response to the findings of the labour inspector in which, as appropriate, it specifies the means it implements within the framework of a plan for resorption of precariousness intended to limit the use of these forms of employment contracts.
"In the absence of a business committee, staff delegates may exercise the responsibilities conferred on the business committee for the purposes of the preceding paragraph. »
I. - Article L. 122-3-8 of the Labour Code is amended as follows:
1° After the first preambular paragraph, a sub-item reads as follows:
"However, by derogation from the provisions of the previous paragraph, it may be broken at the initiative of the employee when the employee justifies an indefinite employment. Except as agreed by the parties, the employee shall be required to respect a period of notice, the duration of which shall be calculated at one day per week, taking into account the total duration of the contract, including renewal, if the contract includes a specific term, or the duration of the contract when the contract does not include a specific term and, in both cases, within a maximum of two weeks. » ;
2° In the second paragraph, the words "in the previous paragraph" are replaced by the words "in paragraph 1";
3° In the last paragraph, the words "of these provisions" are replaced by the words "of the provisions provided for in the first and second paragraphs".
II. - Article L. 124-5 of the same code is supplemented by a paragraph as follows:
"The provisions of the preceding paragraph are not applicable when the contract is broken by the employee who justifies an indefinite employment. Except as agreed by the parties, the employee shall be required to respect a period of notice, the duration of which shall be calculated at one day per week, taking into account the total duration of the contract, including renewal, if the contract includes a specific term, or the period of time that the contract does not include a specific term, without the period being less than one day or more than two weeks in both cases. »
III. - In the second part of Article L. 341-6-1 of the same code, the word "second" is replaced by the word "third".
Section 1 of Chapter II of Book I of the Labour Code is supplemented by an article L. 122-3-17-1, as follows:
"Art. L. 122-3-17-1. - The employer must bring to the attention of employees bound by a fixed-term contract the list of positions to be filled in the undertaking under an indefinite-term contract when such an information device already exists in the company for employees bound by an indeterminate employment contract. »
Section 4 of chapter IV of title II of Book I of the Labour Code is supplemented by an article L. 124-23, which reads as follows:
"Art. L. 124-23. - The user company shall bring to the attention of employees bound by a contract of disposition the list of positions to be filled in the undertaking under an indefinite contract when such information device already exists in the company for employees bound by an indeterminate employment contract. »
I. - The first paragraph of Article L. 323-4 of the Labour Code is supplemented by the words: "and the beneficiaries of the alternation contracts provided for in Articles L. 981-1, L. 981-6 and L. 981-7".
II. - Article L. 323-8 of the same code is supplemented by a paragraph as follows:
"Employers referred to in Article L. 323-1 may partially discharge the obligation established by this section by hosting persons with disabilities in the course of professional training referred to in Article L. 961-3 or persons with disabilities who receive compensation under the second paragraph of Article L. 961-1. The number of persons recognized under the obligation under the first paragraph of Article L. 323-1 shall not exceed 2% of the total number of employees in the enterprise. »
III. - The first to fifth paragraphs of Article L. 323-8-1 of the same code are replaced by four paragraphs as follows:
"Employers referred to in section L. 323-1 may fulfil the employment obligation established by this section by applying a branch agreement, a business agreement or an institution that provides for the implementation of an annual or multi-year program for workers with disabilities that require a regular employment plan and at least two of the following actions:
" - integration and training plan;
" - adaptation plan to technological changes;
" - business maintenance plan in the event of termination. »
IV. - The second paragraph of article L. 323-32 of the same code is supplemented by three sentences as follows:
"The wage accessories resulting from statutory, regulatory or conventional provisions are determined by taking the guarantee of resources as defined in articles L. 243-4 et seq. of the Code of Social Action and Families. The charge related to this remuneration is distributed between the protected workshop and the State proportionally to the amount of direct salary and the supplement of pay. The participation of the State is capped under conditions established by decree. »
V. - Section L. 323-33 of the same code is repealed.
VI. - Persons or organizations that, on the date of publication of this Act, hold labels issued under Article L. 323-33 of the Labour Code may continue to avail themselves, for six months from that date, of what their products are manufactured by workers with disabilities.
VII. - Section L. 362-2 of the Labour Code is repealed.
VIII. - Section 175 of the Family and Social Welfare Code is repealed.
Article L. 900-1 of the Labour Code is supplemented by a paragraph as follows:
"Every person engaged in active life is entitled to validate the gains of his or her experience, including professional, for the acquisition of a degree, a professional purpose title or a qualification certificate on a list established by the National Joint Commission for the Employment of a Professional Branch, registered in the national directory of professional certifications referred to in Article L. 335-6 of the Education Code. When the person in question is employed, the person may be granted leave for the validation of the acquired experience under the conditions of duration set out in Article L. 931-22 and in accordance with the terms set out in Articles L. 931-23, L. 931-25 and L. 931-26 as well as in the first and second paragraphs of Article L. 931-24. The conditions for the application of these provisions are set by decree in the Council of State. »
I. - Articles L. 335-5 and L. 335-6 of the Education Code are thus written:
"Art. L. 335-5. - I. - Degrees or titles of professional purpose are obtained by academic and academic channels, by learning, by continuing vocational training or, in whole or in part, by the validation of the acquired experience.
"The validation of the acquired results in the same effects as other methods of knowledge control and abilities.
"Can be taken into account, under validation, all professional skills acquired in the exercise of an employee, non-earmarked or voluntary activity, directly related to the content of the diploma or title. The minimum duration of activity required cannot be less than three years.
"The validation is carried out by a jury whose composition guarantees a significant presence of qualified representatives of the professions concerned.
"The jury may award the full degree or title. In the absence of this, the Panel determines the extent of the validation and, in the event of partial validation, the nature of the knowledge and abilities to be subject to further control.
"The jury shall decide in the light of a case made by the candidate, after an interview on his initiative or on the initiative of the candidate and, where appropriate, a real or reconstituted occupational situation, where the procedure is provided by the certification authority.
"A decree in the Council of State determines the conditions for the application of the provisions of the third and fourth paragraphs, including the rules according to which the jury is constituted. This composition contributes to a balanced representation between women and men. It also determines the conditions under which it may be derogated from the provisions of the first paragraph, for reasons relating to the nature of the diplomas or titles involved or to the conditions for the exercise of the professions to which they permit access. The jury sets out the complementary controls provided for in the fifth preambular paragraph.
“II. - The jury of a diploma or a professional purpose title issued on behalf of the State or by public institutions with a training mission may exempt a candidate wishing to acquire the titles or diplomas required to prepare it. This exemption must be based on the professional skills acquired by the candidate.
"Art. L. 335-6. - I. - Diplomas and titles issued on behalf of the State shall be established by decree and shall be organized by order of the competent ministers, after notice of consultative bodies involving representative organizations of employers and employees when they exist, without prejudice to the provisions of articles L. 331-1, L. 335-14, L. 613-1, L. 641-4 and L. 641-5 of this Code and L. 813-2.
“II. - It is created a national directory of professional certifications. Diplomas and titles are classified by activity and level.
"Professional diplomas and titles, as well as qualification certificates on a list established by the National Joint Employment Board of a professional branch, may be registered, by order of the Prime Minister, at the request of the organizations that created them and after the advice of the National Professional Certification Commission.
"Those who are issued on behalf of the State and created after notices of consultative bodies involving representative organizations of employers and employees are registered in this directory.
"The National Professional Certification Commission, placed with the Prime Minister, establishes and updates the National Professional Certification Register. It ensures the renewal and adaptation of diplomas and titles to the evolution of qualifications and the organization of work.
"It issues recommendations to the attention of the institutions issuing diplomas, professional titles or qualification certificates on a list prepared by the National Joint Employment Board of a professional branch; with a view to ensuring the information of individuals and companies, it reports to them, inter alia, the possible total or partial correspondence between the certifications registered in the national directory, as well as between the certifications and other certifications, particularly European.
"A decree in the Council of State determines the conditions for the registration of diplomas and titles in the national directory as well as the composition and powers of the commission. »
II. - Titles or diplomas on the registration list provided for by the regulations in force on the date of promulgation of this Act are registered in the national register of professional certifications provided for in Article L. 335-6 of the Education Code for their remaining period of validity under the said regulations.
Assistance to families, social support to parents, educational intervention is part of the home services sector and is based on associations as a priority. They receive support in the context of ongoing vocational training.
Title III of Book IX of the Labour Code is supplemented by a chapter IV, as follows:
“Chapter IV
"From the validation of the acquired experience
"Art. L. 934-1. - The validation of the acquired experience referred to in section L. 900-1 is governed by sections L. 335-5, L. 335-6, L. 613-3 and L. 613-4 of the Education Code, as follows:".
The education code is thus modified:
1° In the second paragraph of section L. 611-4, the words: "Articles L. 612-2 to L. 612-4 and L. 613-5" are replaced by the words: "Articles L. 612-2 to L. 612-4 and L. 613-3 to L. 613-5";
2° In the second sentence of the second paragraph of section L. 613-1, the words: "They cannot be delivered" are replaced by the words: " Subject to the provisions of sections L. 613-3 and L. 613-4, they cannot be issued";
3° The title of chapter III, section 2, of title I of book VI is thus written: " Validation of the achievements of the experiment for the issuance of diplomas";
4° Section L. 613-3 is read as follows:
"Art. L. 613-3. - Any person who has engaged in at least three years of professional activity, employee, non-employed or volunteer, in relation to the subject matter of his or her application, may apply for the validation of his or her experience to justify all or part of the knowledge and skills required to obtain a diploma or title issued on behalf of the State by a higher education institution.
"Any person may also request the validation of the higher education that he or she has completed, especially abroad. » ;
5° Section L. 613-4 is read as follows:
"Art. L. 613-4. - Validation under section L. 613-3 is pronounced by a jury whose members are appointed by the president of the university or the head of the higher education institution according to the nature of the validation requested. For the validation of the achievements of the experiment, this jury includes, in addition to the professor-researchers who make up the majority of them, competent persons to appreciate the nature of the acquired, including professional, whose validation is sought. Juries are composed so as to contribute to a balanced representation between women and men.
"The jury shall decide in the light of a case made by the candidate, after an interview with the candidate and, where applicable, a real or reconstituted professional situation, where the procedure is provided by the authority issuing the certification. It also decides on the extent of the validation and, in the event of partial validation, on the nature of the knowledge and abilities to be subject to further control.
"The validation produces the same effects as success in the test or in the tests of the knowledge and abilities it replaces.
"A decree in the Council of State sets the conditions for the application of Article L. 613-3 and this Article. » ;
6° The second paragraph of Article L. 613-5 is deleted;
7° In the first paragraph of section L. 613-6, the words "by section L. 613-5" are replaced by the words "by sections L. 613-3 to L. 613-5";
8° Article L. 641-2 is as follows:
"Art. L. 641-2. - The provisions of the first two paragraphs of the I of Article L. 335-5 and those of Article L. 335-6 shall apply to higher technological formations. »
In article L. 124-21 of the Labour Code, after the words: "training courses," the words are inserted: "in terms of competence or in action to validate the acquittals of the experience."
After Article L. 124-21 of the Labour Code, an article L. 124-21-1 is inserted as follows:
"Art. L. 124-21-1. - Without questioning the principle of exclusivity, as affirmed in Article L. 124-1, are also equivalent to missions within the meaning of this chapter the periods spent by temporary employees of temporary work enterprises for actions related to their professional activity under the conditions provided by a convention or extended collective agreement. »
Article L. 900-2 of the Labour Code is supplemented by a paragraph as follows:
"The same is true of the actions that allow workers to validate the gains of their experience in the acquisition of a diploma, a professional purpose title or a qualification certificate on a list established by the National Joint Employment Board of a professional branch, registered in the national Register of Professional Certifications referred to in Article L. 335-6 of the Education Code. »
After Article L. 900-4-1 of the Labour Code, an article L. 900-4-2 is inserted as follows:
"Art. L. 900-4-2. - The validation of the acquired experience can only be done with the consent of the worker. The information requested to the recipient of an action to validate the acquired experience must present a direct and necessary link with the purpose of the validation as defined in the last paragraph of Article L. 900-2. The information custodial persons provided by the applicant as part of the application for validation shall be held in accordance with articles 226-13 and 226-14 of the Criminal Code. The refusal of an employee to consent to an action to validate the acquired experience is neither a fault nor a reason for termination. »
The fourth paragraph (2°) of Article L. 933-2 of the Labour Code is supplemented by the words "or the validation of the acquired experience".
In the tenth paragraph (1°) of Article L. 951-1 of the Labour Code, after the word "skills" are inserted the words "or validation of the acquired experience".
I. - The third paragraph (2°) of Article L. 991-1 of the Labour Code is as follows:
« 2° The activities carried out in the field of professional training continued by the approved parity bodies, by the organizations authorized to receive the funding contribution referred to in articles L. 953-1, L. 953-3 and L. 953-4, by the training agencies and their subcontractors, by the agencies responsible for carrying out the competency assessments and by the organizations that assist candidates in their application for validation of the acquired experience; "
II. - The first paragraph of article L. 920-10 of the same code is as follows:
"When expenses made by the training provider for the performance of training agreements or contracts for subcontracting of training are not allowed because they cannot, by their nature or by default of justification, be related to the performance of these agreements or contracts, or that the cost of benefits is excessive, the grantor is obliged, in solidarity with its de facto or legal leaders, to pay the public treasury an amount equal to the amount of those expenses. »
In the first paragraph of Article L. 992-8 of the Labour Code, after the words: "to a jury of examination", the words "or validation of the acquired experience".
Before the expiry of a five-year period from the date of the entry into force of the validation mechanism for experience, as defined in this section, an evaluation report will be sent by the Government to Parliament.
In the light of the conclusions of the report, the Government will, where appropriate, introduce a bill to make necessary adjustments.
The second paragraph of Article L. 115-1 of the Labour Code is as follows:
"Learning is an alternate form of education. Its purpose is to give young workers who have met the school obligation a general, theoretical and practical training, in order to obtain a professional qualification sanctioned by a degree or a professional purpose title registered in the national directory of professional certifications, under the conditions provided for in Article L. 335-6 of the Education Code. »
The last sentence of the second paragraph of Article L. 118-2 of the Labour Code is as follows:
"The amount of this competition is at least equal, within the limits of the portion of the learning tax, to the cost per apprentice fixed by the apprenticeship training centre agreement or the apprenticeship section, as defined in the third paragraph of section L. 118-2-2. »
The second to sixth paragraphs of Article L. 118-2-2 of the Labour Code are replaced by four paragraphs:
"The sums paid to the regional funds for learning and continuing vocational training under the first and fifth paragraphs of this article are allocated to the financing of the apprentice training centres and the learning sections for which the region has passed a convention and apprentice training centres for which the State has been passed a convention under Article L. 116-2. They are primarily intended for those who do not reach a minimum amount of resources by apprentice, by domain and by level of training determined by decree after the advice of the Coordinating Committee of Regional Programs for Continuing Learning and Vocational Training and who provide, in most cases, apprenticeship training leading to the Certificate of Professional Fitness, the Certificate of Professional Studies or an equivalent degree or title, or who provide training to apprenticeships at an equivalent level. The region submits an annual report detailing the allocation of these sums to the Regional Employment and Vocational Training Coordination Committee referred to in Article L. 910-1.
"The conventions referred to in Article L. 116-2 shall, for the duration of these, determine the training costs of each apprentice training centre and each learning section. These costs include, by identifying them, depreciation charges for buildings and equipment. The costs so set may be revised annually, contractually, to the said conventions.
"The annual resources of an apprenticeship training centre or a learning section cannot exceed a maximum corresponding to the product of the number of apprentices registered by their training costs as defined in the agreement under Article L. 116-2.
"When the annual resources of an apprenticeship training centre are greater than the maximum amount defined in the preceding paragraph, the excess amounts are transferred to the regional learning and continuing vocational training fund. »
I. - After article L. 118-2-3 of the Labour Code, an article L. 118-2-4 is inserted as follows:
"Art. L. 118-2-4. - After the advice of the Coordination Committee for Regional Continuing Learning and Vocational Training Programs, may be empowered to collect, on national territory, payments from enterprises that may result in the exemption of the learning tax, trade unions, professional groups or associations of national jurisdiction:
« 1° Having entered into a framework agreement for cooperation with the Minister for National Education, the Minister for Higher Education, the Minister for Agriculture or the Minister for Youth and Sports defining the conditions for their participation in the improvement of the first technological and vocational training courses, including apprenticeship, to hand them over to institutions authorized to receive them and to finance promotional actions for initial technological and vocational training;
« 2° Be approved by order of the Minister for Vocational Training, the Minister for Budget and, where applicable, the Minister responsible for the area of activity in question, to hand them over to institutions authorized to receive them.
"It is authorized to collect payments, giving rise to the exemption of the learning tax, to companies with their headquarters or establishment in the region and to remit them to institutions authorized to receive it:
« 1° The regional consular chambers and their regional groups;
« 2° Trade unions, professional groups or associations, with a regional vocation, approved by decree of the prefect of the region.
"A collector organization may only be authorized or authorized if it undertakes to separate the transactions relating to the portion of the learning tax referred to in section L. 118-3 in its accounts.
"A collector who has been granted a national authorization or approval under this section shall not be authorized or authorized at the regional level.
"The conditions for the application of this article are defined by decree in the Council of State. »
II. - Article L. 119-1-1 of the same code is amended as follows:
1° In the first sentence of the first paragraph, after the words: "in respect of", the words are inserted: "collection procedures and";
2° After the first preambular paragraph, a sub-item reads as follows:
"It is prohibited to use a third party to collect or distribute exempt payments of the learning tax. However, the collection may be delegated as part of a convention concluded after the advice of the professional training control department. The list of conventions is transmitted annually to the Regional Employment and Vocational Coordination Committee. » ;
3° In the second paragraph, the words "in the above paragraph" are replaced by the words "in the first paragraph";
4° In the last paragraph, after the word "unduly", the word "collected" is inserted.
The second paragraph of section 12-3 of Act No. 84-53 of 26 January 1984 on statutory provisions relating to the territorial civil service is as follows:
"The President of the National Centre of the Territorial Civil Service may give, under his supervision and responsibility, by order, delegation of signature to the Director General, the Deputy Directors General of the National Centre of the Territorial Civil Service, to the directors of the schools, as well as to the regional and interdepartmental delegates mentioned in article 14 of Act No. 84-594 of 12 July 1984 on the training of officers of the Territorial Public Service, and supplementing Act No. 84-53 »
I. - Article L. 910-I of the Labour Code is amended as follows:
1° The first paragraph is as follows:
"The policy of professional training and social promotion of the State is the subject of coordination between the ministerial departments, and of consultation with the representative organisations of employers and employee workers as well as independent workers, on the one hand, and with the regional councils, on the other. » ;
2° The second preambular paragraph reads as follows:
"For this purpose, an interdepartmental committee is established with the Prime Minister, whose deputy chair is the Minister of National Education, and a permanent group of senior officials, whose president is appointed by the Prime Minister. These bodies rely, for the development and implementation of the policy of vocational training, social promotion and employment of the State, on the advice of a National Council for Vocational Training, Social Promotion and Employment, including representatives of public authorities and interested professional organizations and trade unions. » ;
3° The third paragraph reads as follows:
"Regional Employment and Vocational Training Coordination Committees and departmental Employment Committees are established. » ;
4° The words: "Regional Vocational Training, Social Promotion and Employment Committees" are replaced by the words: "Regional Employment and Vocational Training Coordinating Committees";
5° The words: "Departmental Committees for Vocational Training, Social Promotion and Employment" are replaced by the words: "Departmental Employment Committees";
6° After the fourth preambular paragraph, nine sub-items are inserted:
"The task of the regional coordination committee is to promote dialogue among the various actors to ensure better coordination of professional training and employment policies. It is responsible for the diagnostic, study, monitoring and evaluation functions of these policies.
"He is made up of representatives:
" - state in the region;
" - regional assemblies;
" - trade union organizations of employees and employers as well as regional chambers of agriculture, trade and industry and trade.
"He has commissions that are necessary for his operation, including information, guidance, validation of experience, training of job seekers and alternate training, as well as a permanent secretariat.
"The Regional Coordination Committee on Employment and Vocational Training is chaired jointly by the Regional Prefect and the Chair of the Regional Council.
"The conditions for the organization and operation of the committee are established by the regional prefect and the chair of the regional council who jointly set the agenda for its meetings.
"The regional coordination committee is informed each year, by the relevant state departments, of the amount of money collected under the learning tax and the contribution to the financing of the vocational trainings alternately, to the companies in the region, as well as their assignments. The organizations authorized to collect in the region payments resulting in the exemption of the learning tax under section L. 118-2-4 shall report annually to the committee on the allocation of such sums. » ;
7° In the penultimate paragraph, the words "in the preceding paragraph" are replaced by the words "in the third paragraph".
II. - In all existing legislative or regulatory provisions, the words: "Regional Vocational Training, Social Promotion and Employment Committees" are replaced by the words: "Regional Employment and Vocational Training Coordinating Committees" and the words: "Departmental Vocational Training, Social Promotion and Employment Committees" are replaced by the words: "Departmental Employment Committees".
III. - Article L. 910-2 of the Labour Code is as follows:
"Art. L. 910-2. - The Interdepartmental Committee on Vocational Training and Employment determines, according to the requirements of cultural, economic and social development, the priority directions of State policy, with a view to:
" - to provoke professional training actions;
" - support by financial or technical competition the various initiatives taken in these matters.
"These various actions and initiatives can focus on training itself, innovation, pedagogical engineering and communication techniques, access to information and training of certification trainers. »
After the fourth paragraph of Article L. 910-1 of the Labour Code, it is inserted a paragraph as follows:
"In the local community of Saint-Pierre-et-Miquelon, the Employment and Vocational Training Coordinating Committee is responsible for all of the functions assigned to the Regional Employment and Vocational Training Coordination Committee and the Departmental Employment and Vocational Training Committee. »
Section L. 910-3 of the Labour Code is repealed.
I. - After the second paragraph of Article L. 920-1 of the Labour Code, it is inserted a paragraph as follows:
"Training modalities, especially when it comes to training carried out in whole or in part at a distance; "
II. - In the fourth paragraph (3°) of Article L. 920-13 of the same code, after the word: "in particular" are inserted the words: "the modalities of formation in the case of formations carried out in whole or in part by distance."
The first four paragraphs of Article L. 920-4 of the Labour Code are replaced by five paragraphs as follows:
“1. Any natural or legal person who performs continuing professional training benefits within the meaning of Article L. 900-2 shall file, with the administrative authority of the State responsible for vocational training, a declaration of activity, upon the conclusion of the first professional training agreement or the first professional training contract, concluded respectively under articles L. 920-1 and L. 920-13.
“2. No one may, even in fact, exercise a leadership or administrative function in a training body within the meaning of this book if he or she has been subjected to a criminal conviction on account of facts constituting breaches of probity, good morals and honour.
“3. The activity declaration includes the administrative identification information of the natural or legal person, as well as the descriptive elements of the activity. The administrative authority of the State responsible for vocational training shall register the declarations in the light of the documents produced. The registration is cancelled by decision of the same administrative authority when it appears that the benefits realized do not correspond to the shares referred to in section L. 900-2. Decisions to cancel the registration are motivated and notified to interested parties under the conditions set out in section L. 991-8. The statement becomes null and void when the educational and financial balances provided for in Article L. 920-5 do not show any training activity for two consecutive years, or when, during that same period, these balance sheets were not sent to the administrative authority of the State responsible for vocational training. A Corrigendum declaration is entered into in the event of an amendment to one or more elements of the original declaration. Termination of activity must also be reported. The Regional Council provided information on the elements of the declaration and its possible amendments. The regional council has communicated the pedagogical and financial assessment of the activity, the balance sheet, the result account and the schedule of the last fiscal year ended by the organizations whose training activities under section L. 900-2 benefit from its financial support.
“4. The natural or legal persons mentioned in 1 must justify the titles and qualities of the teaching and supervision personnel they employ, and the relationship between these titles and qualities and the benefits realized in the field of professional training.
« 5. The terms of these declarations and the use that the author can make of them are regulated by decree in the Council of State. »
The fifth, sixth, seventh, eighth and last paragraphs of Article L. 920-4 of the Labour Code are deleted.
After the second paragraph of section 1 of Act No. 89-462 of 6 July 1989, which aims to improve rental reports and amend Act No. 86-1290 of 23 December 1986, two paragraphs are inserted as follows:
"No person can be denied the rental of a dwelling because of his or her origin, patronym, physical appearance, sex, family situation, state of health, disability, morals, sexual orientation, political opinions, trade union activities or his or her true or supposed affiliation with an ethnic group, nation, race or religion.
"In the event of a dispute with respect to the application of the preceding paragraph, the person having been denied the rental of a dwelling presents evidence of fact that the existence of direct or indirect discrimination is assumed. In view of these elements, it is the responsibility of the respondent to prove that its decision is justified. The judge shall form his conviction after ordering, if necessary, all the measures of instruction that he considers useful. »
I. - Chapter II of Title IV of Book IV of the Construction and Housing Code is thus amended:
1° The fourth paragraph of Article L. 442-8 is deleted;
2° After Article L. 442-8-3, an article L. 442-8-3-1 is inserted as follows:
"Art. L. 442-8-3-1. - In case of furnished rental or sub-location, the rent can be increased from the rental price of the furniture.
"The rental price of the furniture is fixed by order of the Minister responsible for housing, taking into account the price of the furniture and the duration of their depreciation and cannot exceed the amount of the rent.
"The rental price of the furniture can be revised under the conditions fixed by order of the Minister for Housing. »
II. - In article L. 353-20 of the same code, it is inserted after the fourth paragraph, a paragraph as follows:
"In case of furnished sub-location, the rent can be increased from the rental price of the furniture. This price is fixed and can be revised under the conditions of Article L. 442-8-3-1. »
Before the first paragraph of article L. 1331-29 of the Public Health Code, a paragraph is inserted to read as follows:
"If, at the expiry of the prefect's period for the departure of the occupants, the premises are not released, and in the absence of the owner, the owner or operator having, pursuant to the prefect's order, initiated an action for the expulsion of the occupants of the building, the prefect is entitled to exercise this action at the expense of the owner or the owner. »
At the beginning of article 22-1 of Act No. 89-462 of 6 July 1989, a paragraph is inserted as follows:
"When a bail for the sums to which the lessee would be obligated under a lease agreement entered into under this title is required by the lessor, the lessee may not refuse the deposit on the ground that it does not have French nationality. »
It is inserted, after section 22-1 of Act No. 89-462 of 6 July 1989 referred to above, an article 22-2 as follows:
"Art. 22-2. - Prior to the establishment of the lease agreement, the lessor may not request the applicant to file the following documents:
" - identity photography;
" - social insurance card;
" - copy of bank or postal account statement;
" - certificate of proper bank or postal account. »
I. - In the first paragraph of section 24-1 of Act No. 89-462 of 6 July 1989 referred to above, after the words: "When one" are inserted the words: " tenant has a rental dispute with his lessor".
II. - In the same paragraph, after the word "or", the word "when".
In chapter II of title II of Book I of the Labour Code, before article L. 122-45, a division and title are inserted as follows: "Section 7. Discrimination."
I. - The last sentence of the second paragraph of Article L. 442-5 of the Construction and Housing Code is replaced by two sentences as follows:
"If the tenant fails to pay a fee of EUR 7.62, plus EUR 7.62 per whole month of delay, unless it is determined that special difficulties have not allowed the tenant to respond. In this case, the low-rent housing agency is implementing the appropriate means to enable the tenant to fulfil this obligation. »
II. - The same article L. 442-5 is supplemented by a subparagraph as follows:
"The provisions of this section shall apply to residential units owned by the organizations referred to in Article L. 365-1 and, pursuant to Article L. 351-2, to those held by the donors referred to in the fourth and fifth paragraphs of Article 41 ter of Law No. 86-1290 of 23 December 1986 to promote rental investment, accession to the property of social housing and the development of the land supply. »
The fifth paragraph of Article L. 411-3 of the Construction and Housing Code is as follows:
" - to lots acquired for resale and located in condominiums that are subject to a backup plan under Article L. 615-1, as specified in Articles L. 421-1, L. 422-2 and L. 422-3. »
After Article L. 271-2 of the Construction and Housing Code, an article L. 271-3 is inserted as follows:
"Art. L. 271-3. - The provisions of this chapter shall not apply to auction sales in the authentic form. »
After article L. 120-3 of the Labour Code, an article L. 120-4 is inserted as follows:
"Art. L. 120-4. - The work contract is executed in good faith. »
I. - After Article L. 122-48 of the Labour Code, five articles L. 122-49 to L. 122-53 are inserted as follows:
"Art. L. 122-49. - No employee shall be subjected to repeated acts of moral harassment that have the purpose or effect of a deterioration of working conditions that may affect his or her rights and dignity, alter his or her physical or mental health or compromise his or her professional future.
"No employee may be punished, terminated or subjected to a discriminatory, direct or indirect measure, including in respect of remuneration, training, reclassification, assignment, qualification, classification, professional promotion, transfer or renewal of contract for having suffered, or refused to undergo, the actions defined in the preceding paragraph or for having testified or reported on such actions.
“A breach of the resulting contract of work, any provision or any act that is contrary shall be void of full right.
"Art. L. 122-50. - A disciplinary penalty shall be imposed on any employee who has carried out the actions defined in Article L. 122-49.
"Art. L. 122-51. - It is up to the head of business to make all necessary arrangements to prevent the actions referred to in Article L. 122-49.
"Art. L. 122-52. - In the event of a dispute relating to the application of articles L. 122-46 and L. 122-49, the employee concerned submits evidence of fact suggesting the existence of harassment. In view of these elements, it is the responsibility of the respondent to prove that its actions are not such harassment and that its decision is justified by objective elements outside of any harassment. The judge shall form his conviction after ordering, if necessary, all the measures of instruction that he considers useful.
"Art. L. 122-53. - Representative trade union organizations in the company may, under the conditions provided for in Article L. 122-52, exercise all actions arising from Article L. 122-46 and Article L. 122-49 in favour of an employee of the enterprise, provided that they justify a written agreement of the employee. The interested party can always intervene in the proceedings initiated by the union and terminate it at any time. »
II. - The last paragraph of Article L. 123-1 of the same code is deleted.
III. - Article L. 123-6 of the same code is amended as follows:
1° In the first paragraph, the references: "L. 122-46 and L. 123-1" are deleted;
2° The last paragraph is deleted.
IV. - In article L. 152-1-1 of the same code, the words "of article L. 123-1" are replaced by the words "of articles L. 122-46, L. 122-49 and L. 123-1".
V. - In article L. 152-1-2 of the same code, the words "of article L. 123-1" are replaced by the words "of articles L. 122-46, L. 122-49 and L. 123-1".
VI. - In article L. 742-8 of the same code, the words "of article L. 122-46 and the last paragraph of article L. 123-1" are replaced by the words "of articles L. 122-46, L. 122-49 and L. 122-53".
VII. - The last paragraph of Article L. 771-2 of the same code is as follows:
" - Articles L. 122-46, L. 122-49 and L. 122-53. »
VIII. - In article L. 772-2 of the same code, the words "of article L. 122-46 and the last paragraph of article L. 123-1, articles" are replaced by the words "of articles L. 122-46, L. 122-49, L. 122-53."
After Section 3 of Chapter II of Book II of the Criminal Code, a section 3 bis is inserted, entitled "Momental Harassment", including an article 222-33-2, as follows:
"Art. 222-33-2. - Harassment of others by repeated acts that have the object or effect of a deterioration of working conditions that may affect their rights and dignity, alter their physical or mental health or jeopardize their professional future, is punishable by one year's imprisonment and EUR 15,000. »
I. - After article L. 122-48 of the Labour Code, an article L. 122-54 is inserted as follows:
"Art. L. 122-54. - A mediation procedure may be initiated by any person in the company who is a victim of moral or sexual harassment. the mediator is chosen outside the company on a list of personalities designated according to their moral authority and competence in the prevention of moral or sexual harassment. The ombudsman's functions are incompatible with those of prud'homal advisor active.
"The lists of mediators are prepared by the representative of the State in the department after consultation and consideration of the proposals for applications of associations whose purpose is to defend the victims of moral or sexual harassment and the most representative trade union organizations at the national level.
"The mediator summons parties who must appear in person within one month. In the event of a failure to appear, it makes the written statement that it addresses the parties.
"The mediator informs himself of the state of relations between the parties, tries to reconcile them and submits to them proposals that he sets out in writing to put an end to harassment.
"In the event of a failure of conciliation, the mediator shall inform the parties of possible sanctions and procedural guarantees for the victim.
“The provisions of articles L. 122-14-14 to L. 122-14-18 shall apply to the mediator. The obligation of discretion under Article L. 122-14-18 shall be extended to any data relating to the health of persons known to the mediator in the performance of his or her mission. »
II. - In article L. 152-1 of the same code, after the word "employee" are inserted the words "or the mediator referred to in article L. 122-54".
Article L. 122-34 of the Labour Code is supplemented by a paragraph as follows:
"It also recalls the provisions concerning the prohibition of any practice of moral harassment. »
Article L. 230-2 of the Labour Code is amended as follows:
1° In the first sentence of the first paragraph of I, after the words: "Protecting Health", the words "physical and mental" are inserted;
2° The G of II is supplemented by the words: ", especially with regard to the risks associated with moral harassment, as defined in Article L. 122-49."
Article L. 236-2 of the Labour Code is amended as follows:
1° In the first sentence of the first paragraph, after the word "health", the words "physical and mental" are inserted;
2° The sixth paragraph is supplemented by the words "and moral harassment".
In the first paragraph of Article L. 241-10-1 of the Labour Code, after the word "health", the words "physical and mental".
In the first sentence and second sentence of the first paragraph of Article L. 422-1-1 of the Labour Code, after the word "persons" are added the words ", to their physical and mental health".
I. - In article L. 742-8 of the Labour Code, the words: "of article L. 122-46" are replaced by the words: "articles L. 122-46 and L. 122-49".
II. - In the first paragraph of Article L. 771-2 of the same code, the words: "Article L. 122-46" are replaced by the words: "Articles L. 122-46 and L. 122-49".
III. - In article L. 772-2 of the same code, the words "of article L. 122-46" are replaced by the words "of articles L. 122-46 and L. 122-49".
IV. - In the second paragraph of Article L. 773-2 of the same code, the words "and L. 122-46" are replaced by the words ", L. 122-46 and L. 122-49".
After Article 6 quater of Act No. 83-634 of 13 July 1983 on the Rights and Obligations of Public Servants, an article 6 which reads as follows:
"Art. 6 quinquies. - No employee shall be subjected to repeated acts of moral harassment that have the purpose or effect of a deterioration in working conditions that may affect his or her rights and dignity, alter his or her physical or mental health or jeopardize his or her professional future.
"No measures, including recruitment, tenure, training, notation, discipline, promotion, assignment and transfer, may be taken with respect to an employee taking into consideration:
« 1° The fact that he suffered or refused to undergo the moral harassment actions referred to in the first paragraph;
« 2° The fact that he has appealed to a superior officer or initiated a legal action to stop these actions;
« 3° Or the fact that he testified to such acts or that he referred them back.
"A disciplinary penalty shall be imposed on any officer who has carried out the above actions.
"The provisions of this article shall apply to non-public law officers. »
I. - After the word "harassment", the end of the first paragraph of Article L. 122-46 of the Labour Code is thus written: "any person whose purpose is to obtain sexual favours for his or her benefit or for the benefit of a third party."
II. - After the word: "harassment", the end of the second paragraph of section 6 ter of Act No. 83-634 of 13 July 1983 is thus written: "any person whose purpose is to obtain sexual favours for his or her benefit or for the benefit of a third party; "
III. - The same article is supplemented by a sub-item:
"The provisions of this article shall apply to non-public law officers. »
IV. - Article 222-33 of the Penal Code is amended as follows:
1° After the word: "others", the words: "by giving orders, issuing threats, imposing constraints or exerting serious pressure" are deleted;
2° After the word: "sexual," the words: "by an abusive person of the authority conferred upon him by his or her functions" are deleted.
In chapter II of title II of Book I of the Labour Code, before article L. 122-46, a division and title are inserted as follows: "Section 8. Harassment."
I. - Article L. 513-3 of the Labour Code is amended as follows:
1° The last sentence of the fifth paragraph is deleted;
2° In the first sentence of the seventh paragraph, after the word "assisted", the words are inserted: ", beyond a threshold, fixed by decree, of electors registered on the electoral list of the commune in the last general elections";
3° After the first sentence of the seventh preambular paragraph, three sentences are inserted:
"Employers are required to leave the time necessary to perform their duties to employees of their company designated members of the electoral commission. The time spent outside the company by these employees is assimilated to an effective working period under the conditions laid down in the second paragraph of Article L. 514-1. An employee's participation in this commission cannot be the cause of a sanction or termination of the employment contract by the employer. » ;
4° The last sentence of the seventh preambular paragraph is deleted;
5° After the seventh preambular paragraph, a sub-item reads as follows:
"Any elector or representative whom he or she has designated may refer to the mayor of the municipality on the list of which he or she is or should be contested with respect to the registration or registration of a set of electors. The same right belongs to the agent of a list of candidates under the Human Prud'hommes Council for which the challenge is formed. Requests for another elector or a set of electors are made without having to justify a warrant from the interested electors, provided they have been notified and have not declared to oppose it. The mayor's decision can be challenged by the authors of the gratis appeal before the court of proceedings which finalizes. A decree in the Council of State determines the conditions for the implementation of these provisions. » ;
6° Before the eighth preambular paragraph, five sub-items are inserted:
"Posted at the closing of the electoral list, any contestation relating to the registration, whether it concerns a single elector or a set of electors, is brought before the court of proceedings that finalizes until the election day. Such a dispute may be brought, under the conditions established by a decree in the Council of State, by:
" - the Prefect;
" - the prosecutor of the Republic;
" - any elector;
" - the agent of a list, without having to justify a warrant from the interested elector(s), provided they have been notified and have not declared to oppose it. »
II. - Article L. 513-4 of the same code is amended as follows:
1° In the first paragraph, after the words: "a lieu", the words are inserted: ", by the list vote,"
2° The second paragraph is deleted;
3° After the third preambular paragraph, a sub-item reads as follows:
"The agent of the list shall notify the employer of the name(s) of the employee(s) of his business that he intends to present on his list of candidates. The notification may not take place more than three months prior to the commencement of the submission period of the prefecture list. » ;
4° The article is supplemented by a paragraph to read:
"It is also required to leave the time necessary to perform their duties to the employees of the company designated as prud'homales elections, as list agents, assessors and list delegates. This time is equivalent to an effective working period under the conditions set out in the second paragraph of Article L. 514-1. The performance of the duties of a list agent, assailant or as a list delegate by an employee shall not be the cause of a sanction or termination of the employment contract by the employer. »
III. - The second sentence of the second paragraph of Article L. 514-2 of the same code is replaced by three sentences as follows:
"The same is true of the dismissal of candidates for the duties of prud'homme adviser. This provision is applicable as soon as the employer has received notification of the employee's application or when the employee demonstrates that the employer has been aware of the imminence of his application, and for a period of three months after the prefect's publication of the applications. The benefit of this protection may only be invoked by the candidates whose name appears on the list filed. »
IV. - In article L. 514-5 of the same code, the words "for a period of three years" are replaced by the words "for a period of five years".
I. - Article L. 513-7 of the Labour Code is as follows:
"Art. L. 513-7. - An elected member to replace an adviser whose seat has become vacant during the term of office shall remain in office only during the term of office entrusted to his predecessor. »
II. - Article L. 513-8 of the same code is as follows:
"Art. L. 513-8. - Complementary elections shall be conducted, in accordance with the terms set out in this section, in the event of an increase in the number of members of a council of prud'hommes, within six months of the issuance of the decree amending the composition of the council.
"Additional elections may also be carried out, under the conditions established by a decree in the Council of State, where the general elections did not allow the section to be formed or to complete it or when one or more advisers refused to be installed or ceased their duties and that it was not possible to fill the holidays by application of Article L. 513-6.
"The functions of the members elected as a result of a supplementary election shall end together with those of the other members of the Human Prud'homme Council.
"On the occasion of the next general election, it is only provided if a supplementary election has already been made, except in the case of an increase in the number of employees. The section operates regardless of the quality of the members regularly elected or in exercise, provided that their number is at least half of the total number of members to whom it is to be composed and provided that the parity composition of the various training courses called to hear cases is respected. »
III. - In the second paragraph of Article L. 512-13 of the same code, the words "of the first two paragraphs of Article L. 513-4" are replaced by the words "of the first paragraph of Article L. 513-4 and the first paragraph of Article L. 513-8".
IV. - Article L. 511-4 of the same code is supplemented by a paragraph as follows:
"The employer is obliged to leave the time necessary to perform their duties to employees of his company, members of the higher board of the pred'homie. This time is equivalent to an effective working period within the meaning of the second paragraph of Article L. 514-1. The performance of the duties of a member of the higher board of the employer's employment by an employee shall not be the cause of a sanction or termination of the employment contract by the employer. »
V. - At the end of the first paragraph of Article L. 513-1 of the same code, the words: "and having not incurred any of the convictions set out in Articles L. 5 and L. 6 of the electoral code" are replaced by the words: "and not being the subject of any prohibition, disqualification or incapacity relating to their civic rights".
VI. - At the end of the first paragraph of Article L. 513-2 of the same code, the words: "not having incurred any of the comdamnations provided for in Articles L. 5 and L. 6 of the electoral code" are replaced by the words: "not being the subject of any prohibition, disqualification or incapacity relating to their civic rights".
VII. - In article L. 514-14 of the same code, the words: "was condemned for acts provided for in articles L. 5 and L. 6 of the electoral code" are replaced by the words: "has been the subject of a prohibition, disqualification or incapacity relating to his civic rights".
The last paragraph of Article L. 513-4 of the Labour Code is supplemented by a sentence as follows:
"The trade union delegates who are required to perform these functions are authorized to use the credit of hours they have under their terms of office. »
After the third sentence of the second paragraph of Article L. 512-2 of the Labour Code, two sentences are inserted:
"When a department includes several prud'homme councils with an agricultural section, it is possible to reduce the number of agricultural sections in the department, taking into account the number and variety of cases processed. This section is attached to one of these councils by decrees in the Council of State. »
The last paragraph of Article L. 512-2 of the Labour Code is thus written:
"Each section includes at least three prud'homme employer advisors and three prud'hommes employee advisors. »
The first paragraph of section 8 of Act No. 89-905 of 19 December 1989 promoting the return to employment and the fight against occupational exclusion is thus written:
"The Prime Minister has established a National Council of Local Missions bringing together representatives of the relevant ministers in the field of professional and social integration of young people, representatives of regions, departments and communes and presidents of local missions. »
Article L. 122-17 of the Labour Code is as follows:
"Art. L. 122-17. - When a receipt for the balance of any account is issued and signed by the employee to the employer on the occasion of the termination or expiry of the contract, it has only the value of a simple receipt of the amounts contained therein. »
Article L. 231-12 of the Labour Code and thus drafted:
"Art. L. 231-12. - I. - When it finds on a construction site and public works that an employee has not withdrawn from the work situation defined in Article L. 231-8, while there is a cause of serious and imminent danger resulting from, either from a lack of protection against falls of height, or from the absence of controls such as to avoid the risks of envelopment, or from the nature of
“II. - When, at the request of the labour inspector or the labour controller, by delegation of the labour inspector to whom he or she reports and under his or her authority, the labour inspector or the labour controller finds that the employees are in a dangerous situation resulting from exposure to a carcinogenic, mutagenic or toxic chemical substance for reproduction, at a level greater than a decree level The rest shall be carried out in accordance with the provisions of articles L. 611-14 and L. 620-4.
"If, at the end of the time limit set out in the detention and after verification by an authorized body, the overtaking continues, the labour inspector or the labour inspector by delegation of the labour inspector to whom he or she reports and under his or her authority, may order the temporary cessation of the activity concerned.
"III. - When all measures have been taken to stop the grave and imminent danger situation or the dangerous situation, the employer or his representative shall notify the labour inspector or labour inspector by delegation of the labour inspector to whom he or she is under his or her authority. After verification, the work inspector or work controller authorizes the resumption of work or activity.
"In the event of an employer's challenge of the reality of the danger or of the way in which it ceases, in particular by the termination of the work, the employer shall appeal to the President of the Court of Grand Instance who shall rule in reference.
"IV. - The provisions of the preceding paragraphs shall apply when it is found, on a woodworking site, that an employee has not withdrawn from the work situation defined in Article L. 231-8, while there is a cause of serious and imminent danger resulting from a lack of protection against high falls, which constitutes an offence under Article L. 231-2.
"V. - A decree in the Council of State determines the modalities for the application of this article. »
On an exceptional basis, persons with a French diploma in the State of Doctor of Medicine or a certificate or other title referred to in Article L. 4131-1 of the Public Health Code, exercising, on the date of promulgation of this Act, in the medical services of the employment governed by Title IV of Book II of the Labour Code or in the medical services of the public administrations and institutions of the State referred to in Article 2-16
1° Follow a theoretical education in accordance with the curriculum of teaching under the degree of specialized studies in occupational medicine;
2° Satisfying knowledge control tests by the end of the academic year 2003-2004.
Physicians authorized, under the first paragraph, to practise as doctors of preventive medicine or professional and preventive medicine, may only be allowed to practise as a doctor of work after a minimum period of three years after having satisfied the examinations of knowledge referred to in 2°.
A decree in the Council of State sets the conditions for the application of this article.
Article L. 200-6 of the Labour Code is amended as follows:
1° The fifth preambular paragraph shall be inserted after the first preambular paragraph;
2° The third paragraph reads as follows:
"Supporting corporate approaches in the evaluation and prevention of occupational hazards, in relation to occupational medicine and other organizations concerned, to provide methodological support to promote a reduction in exposure of employees to risks, through an organizational approach and to facilitate the involvement of all stakeholders involved in this approach; "
Article L. 612-1 of the Labour Code is amended as follows:
1° In the first sentence of the first paragraph, after the word "health", the words "physical and mental" are inserted;
2° The first sentence of the first paragraph is supplemented by the words: "and participate in the health watch for the benefit of workers". At the beginning of the second sentence of the same paragraph, the word "This" is replaced by the word "Their";
3° At the end of the second paragraph, the words "on occupational health" are replaced by the words "on occupational health".
I. - In the first paragraph of paragraph L. 117 bis 3 of the Labour Code, the number: "8" is replaced by the number: "seven".
II. - In the fourth paragraph of Article L. 115-2 of the same code, the words "by agreement of the two parties" are replaced by the words "on the initiative of the employee".
I. - The title IV of Book II of the Labour Code reads as follows: "Health Services at Work", and in the title, the words: "Health Services at Work" and the words: "Health Services at Work" are replaced by the words: "Health Services at Work", and the words: "Health Service at Work" are replaced by the words: "Health Service at Work".
II. - Article L. 241-2 of the same code is supplemented by two paragraphs as follows:
"In order to ensure the implementation of the medical, technical and organizational skills necessary for the prevention of occupational hazards and the improvement of working conditions, occupational health services, in conjunction with the companies concerned, either the competences of the regional health insurance funds, the professional building prevention agency and public works or regional associations of the network of the National Agency for the Improvement of working conditions, or to persons or regional associations
"The appeal to the powers referred to in the previous paragraph is made under conditions guaranteeing the rules of independence of medical professions and the independence of associate individuals or organizations determined by decree in the Council of State. »
After Article L. 241-6 of the Labour Code, an article L. 241-6-1 is inserted as follows:
"Art. L. 241-6-1. - I. - Persons with a degree in medicine, certificate or other title referred to in Article L. 4131-1 of the Public Health Code and who have exercised at least for five years, may, for a period of five years from the date of promulgation of Act No. 2002-73 of January 17, 2002 of social modernization, practise occupational medicine or preventive medicine, provided that they have obtained a title in medicine
“II. - Under this training, each doctor may be entitled to an allowance related to the abandonment of his or her previous activity, a guarantee of compensation during the training period and the cost of the training. Funding for these provisions is provided through the assistance of social security agencies and the participation of medical services.
"III. - A decree in the Council of State defines the modalities for the application of this article. »
I. - Article L. 124-2-3 of the Labour Code is supplemented by a 3° as follows:
« 3° To replace a work doctor. »
II. - After article L. 241-6 of the same code, an article L. 241-6-2 is inserted as follows:
"Art. L. 241-6-2. - Any termination, contemplated by the employer, of a work doctor is obligatoryly submitted either to the business committee or to the settlement committee, or to the inter-enterprising committee or to the board of control of the inter-enterprise service, which gives notice of the termination project.
"In joint-run services, the job doctor's termination project is submitted to the board of directors.
"The termination can only be effected on the authorization of the labour inspector to whom the occupational health service depends, after the advice of the regional inspector of work.
"However, in the event of serious misconduct, the employer has the power to issue the immediate release of the interested party pending the final decision. In the event of a refusal of termination, the establishment is cancelled and its effects removed from the law.
"The cancellation of a work inspector's decision on a hierarchical or contentious remedy authorizing the termination of a work doctor shall take the consequences set out in section L. 425-3. »
I. - Article L. 117-5-1 of the Labour Code is as follows:
"Art. L. 117-5-1. - In the event of a serious risk of a breach of the health or physical or moral integrity of the apprentice, the administrative authority responsible for the monitoring of the application of labour legislation proposes the suspension of the apprenticeship contract, after having, if circumstances permit, proceeded to an adversarial investigation. This suspension is accompanied by the employer's maintenance of the apprentice's remuneration. The competent administrative authority shall promptly inform the employer and the departmental director of work, employment and vocational training or the chief of service assimilated.
"In the fifteen-day period from the observation of the supervisory officer, the departmental director of work, employment and vocational training or the chief of service assimilated shall decide on the resumption of the performance of the apprenticeship contract.
"The refusal by the departmental director of work, employment and vocational training or the chief of service assimilated to authorize the resumption of the performance of the apprenticeship contract results in the termination of the contract at the date of notification of the refusal to the parties. In this case, the employer is required to pay to the apprentice the amounts that would have been payable if the contract had continued until its completion.
"The decision to refuse from the departmental Director of Labour, Employment and Vocational Training or the Chief of Service assimilated is accompanied, where appropriate, by the prohibition on the employer concerned to recruit new apprentices and youth under contract of alternate insertion, for a period that it determines.
"The apprenticeship training centre where the apprentice is enrolled takes the necessary steps to allow him to temporarily follow the training provided by the centre and to find a new employer that could contribute to the completion of his training. »
II. - Article L. 117-18 of the same code is amended as follows:
« 1° After the words: "In case of opposition to the engagement of apprentices", the words are inserted: "in the case provided for in Article L. 117-5";
« 2° It is supplemented by a sub-item:
"When the prefect decides that the current contracts cannot be completed until their completion, the decision results in the termination of the contracts on the date of notification of the refusal to the parties involved. In this case, the employer is required to pay to apprentices the amounts that would have been payable if the contract had continued until its completion. »
I. - In the first paragraph of Article L. 952-1 of the Labour Code, the words "in chapters I and III" are replaced by the words "in chapter III".
II. - The second and third paragraphs of section 3 of Act No. 46-1173 of 23 May 1946 regulating conditions of access to the hairdresser profession are removed.
In section 3-2 of the Act, the words: " - be justified by a professional experience of at least five years in full-time or of a period equivalent to part-time over the last ten years, validated by the national commission provided for in section 3" and the word " - or" are deleted.
The ninth paragraph (d) of Article L. 951-3 of the Labour Code is as follows:
"(d) The management and information costs of registered parity organizations, within the limits set by order of the Minister for Vocational Training. »
Article L. 711-3 of the Labour Code applicable to Mayotte is as follows:
"Art. L. 711-3. - A deliberation of the board of directors of the collector organization referred to in Article L. 711-1, approved by order of the representative of the Government, defines annually the distribution of resources between:
« 1° Vocational training activities in the course of employment;
« 2° Training activities alternately;
« 3° Inclusion and training actions for job seekers.
"In the absence of such approval, this distribution shall be determined by an order of the Government representative in Mayotte. »
I. - Article 33 III of Act No. 2000-37 of 19 January 2000 on the negotiated reduction of working time is thus drafted:
"III. - The provisions of Article 1 II shall apply to enterprises and farms. »
II. - The last paragraph of Article L. 713-5 of the Rural Code is as follows:
"When the wearing of a work outfit is imposed by legislative or regulatory provisions, by conventional clauses, the rules of procedure or the contract of work, and the dressing and dishabbling shall be made in the company or place of work, the time necessary for the handling and dishabbing operations shall be the subject of considerations either in the form of rest, or financial, to be determined by agreement or collective agreement, »
III. - In article L. 713-19 of the same code, after the reference: "to L. 212-15-4", the words "as well as those of chapter III, section 1, of title I, of Book II".
At the c of 2° of Article L. 412-8 of the Social Security Code, the words: "Article L. 932-1" are replaced by the words: "Articles L. 932-1 and L. 932-2".
The agreement of 19 February 1999 on the development and reduction of working time in La Poste and the agreement of 2 February 2000 on the development and reduction of working time in France Télécom and the local agreements concluded for their application are validated, including the provisions that have the effect of amending statutory rules applicable to the personnel concerned. The procedures under which agreements have been concluded are also validated.
I. - In section 24-1 of the Act of 13 December 1926 on the Maritime Labour Code, the words "to L. 212-4-7" are replaced by the words "to L. 212-4-16".
II. - Section 24-2 of the same Act is read as follows:
"Art. 24-2. - The provisions of Articles L. 212-1, L. 212-3, of the first four paragraphs of Article L. 212-7-1, Article L. 212-8, I and the first and third paragraphs of Article L. 212-9 and the provisions of Article L. 212-10 of the Labour Code are applicable to salaried sailors of the marine armament companies.
"The period of stay referred to in Article L. 212-4 bis of the same code is applicable to salaried sailors of the marine armament companies under conditions fixed by decree.
"The second paragraph of Article L. 212-9 of the same code is applicable to salaried sailors of the marine armament companies under conditions fixed by decree. »
III. - The second to fourth paragraphs of section 26 of the Act are replaced by two paragraphs:
"The provisions of I, II and the first three paragraphs of III of Article L. 212-5 of the Labour Code are applicable to salaried sailors of the marine arms companies.
"The provisions of Article 5 V of Act No. 2000-37 of 19 January 2000 on the negotiated reduction of working time are applicable to maritime arms companies. »
IV. - The last three paragraphs of section 114 of the Act are replaced by five paragraphs as follows:
"The sailors under the age of eighteen, as well as the young people under the age of eighteen who do internships in the workplace in the context of an alternating education or the course of their schooling, cannot perform the shift-of-night service from 20 hours to 4 hours, nor an effective work exceeding seven hours a day, nor an effective working period per week greater than the legal duration of the weekday They must be given weekly rest for a minimum of thirty-six consecutive hours, both at sea and at port, on a normal date.
"On an exceptional basis, derogations from the provisions of the preceding paragraph may be granted, within five hours per week, by the marine labour inspector, following a proper advice from the seafarer's doctor.
"The duration of the work of the persons concerned cannot in any case exceed the normal daily or weekly working hours of the adults employed on board.
"The sailors under the age of eighteen, as well as the young people under the age of eighteen, who do internships in the field of initiation or application in a professional environment in the context of alternating education or the course of their schooling in the service of the machine, cannot be understood in the edges of a quarter.
"The minimum daily rest time of the youth mentioned in the preceding paragraphs cannot be less than 12 consecutive hours. No uninterrupted effective working period may exceed a maximum of four and a half hours; breaks between two uninterrupted effective working periods of this duration may not be less than thirty minutes. »
V. - After the second paragraph of section 115 of the same Act, a sub-paragraph is inserted as follows:
"The minimum daily rest period for young people mentioned in the second paragraph may not be less than fourteen consecutive hours if they are less than sixteen years old. »
After Article 25, an article 25-1 is inserted as follows:
"Art. 25-1. - For maritime fishing, and regardless of the provisions of section 92-1 relating to paid leave, the duration of work may be fixed in number of days of sea by national professional agreement or extended branch agreement. This duration of work is calculated on an annual basis, within 225 days per year, including working hours on land.
"The agreement must include the modalities for taking into account working hours on land.
"This duration can be calculated on the average of two consecutive years for certain fishing activities defined by decree.
"It may be derogated from this limit of 225 days in accordance with a ceiling of 250 days, under conditions fixed by decree in the light of the modes of operation of the fishing vessels concerned. »
Article 34 of the aforementioned Act of 13 December 1926 reads as follows:
“Art. 34. - A national professional agreement or extended branch agreements shall, irrespective of the actual working period, fix the work period(s) for the calculation of the minimum wage of growth of paid seafarers. These periods may not exceed twelve consecutive months calculated on a calendar year.
"A national professional agreement or extended branch agreements set out the conditions for smoothing, on all or part of the year, the remuneration on the part. »
In the last paragraph of section 53 of the Act of 13 December 1926 referred to above, the words: "The regulations provided for in section 34" are replaced by the words: "Decrees".
In the penultimate paragraph of section 58 of the Act of 13 December 1926 referred to above, the words "The regulations provided for in section 34" are replaced by the words "Decrees".
The last paragraph of section 39 and the first paragraph of section 59 of the Disciplinary and Penal Code of the Merchant Navy are deleted.
Article 92-1 of the above-mentioned Act of 13 December 1926 is supplemented by a paragraph as follows:
"However, with respect to paid sailors, an extended branch agreement or agreement may, by derogation, decide to charge the charge resulting from leave paid on the common expenses of the fishing vessel. »
The provisions of Article L. 981-6 of the Labour Code relating to the contract of accommodation and the provisions of Article L. 981-7 of the same code relating to the contract of orientation are applicable to personnel navigating marine enterprises under conditions defined by decree in the Council of State.
Act No. 91-411 of 2 May 1991 on the inter-professional organization of marine fisheries and marine livestock and the organization of conchyliculture is thus amended:
1° In the second paragraph (a) of Article 3, after the words: "the heads of these enterprises" are inserted the words "or their spouses";
2° In the second paragraph (a) of Article 9, after the words: "Operators of various conchyliculture activities" are inserted the words "or their spouses";
3° In the second and third paragraphs of Article 10, after the words: "the operators of the various conchyliculture activities" are inserted the words "or their spouses".
Staff recruited before December 31, 1999 and managed by the Association for the Stewardship of Maritime Training Schools and aquaculture under contracts of private law for indeterminate or fixed-term duration, with the exception of those concluded under sections L. 322-4-7, L. 322-4-8, L. 322-4-8-1 and L. 322-4-20 of the Labour Code and occupying, at the date of publication
The officers recruited by the Association for the Stewardship of Maritime Training Schools and aquaculture between January 1, 2000 and December 31, 2000 on a fixed-term or indeterminate private law contract, with the exception of those entered into under the articles of the Labour Code referred to in the preceding paragraph, and who hold, on the date of publication of this Act, a position of the same nature as the permanent positions referred to in the preceding paragraph, If the original contract is fixed-term, the contract thus requalified shall be governed by Article 4 of Act No. 84-16 of 11 January 1984 with statutory provisions relating to the public service of the State.
It is inserted, after article 26 of Act No. 82-610 of 15 July 1982, of orientation and programming for the research and technological development of France, an article 26-1, as follows:
"Art. 26-1. - Non-marine private law personnel of public industrial or commercial research institutions or groups in which public research institutions hold majority participations, if they are personnel responsible for the maintenance and operation of research equipment, are subject to sections 24, 25, 28, 29 and 30 of the Maritime Labour Code for the duration of their temporary missions on board an oceanographic or fisheries research vessel.
"By derogation from the provisions of Articles 24 and 25 of the Maritime Labour Code, the measures to implement this Article shall be taken by decrees in the Council of State. These decrees are made after consultation with public establishments and groupings as well as the most representative organizations of the staff mentioned in the first paragraph. »
I. - After article L. 122-9 of the Labour Code, an article L. 122-9-1 is inserted as follows:
"Art. L. 122-9-1. - An employee whose indefinite employment contract is broken for force majeure due to a claim is entitled to a compensatory allowance equal to the amount that would have resulted from the application of articles L. 122-8 and L. 122-9. »
II. - After article L. 122-3-4 of the same code, an article L. 122-3-4-1 is inserted as follows:
"Art. L. 122-3-4-1. - The employee whose fixed-term employment contract is terminated before the maturity due to a loss in a force majeure case is entitled to a compensatory allowance equal to the amount that would have resulted from the application of Article L. 122-3-8. »
III. - In the first paragraph of Article L. 143-11-1 of the same code, after the words: "the sums due to them" are inserted the words: "and against the risk of termination of the contract of work for cause of force majeure in the event of a loss".
IV. - Article L. 143-11-1 of the same code is supplemented by a paragraph as follows:
"Insurance covers amounts due to employees under sections L. 122-9-1 and L. 122-3-4-1. »
V. - After article L. 143-11-7 of the same code, an article L. 143-11-7-1 is inserted as follows:
"Art. L. 143-11-7-1. - The employer of employees in the context of the forecasting of sections L. 122-9-1 and L. 122-3-4-1 shall transmit the evidence of the claims under sections L. 122-9-1 and L. 122-3-4 to the institutions referred to in section L. 143-11-4. The allowances provided for in articles L. 122-9-1 and L. 122-3-4-1 shall be paid to such employees within five days of receipt of the claim.
"When the institutions referred to in Article L. 143-11-4 refuse for any reason to settle the debt resulting from the application of Articles L. 122-9-1 and L. 122-3-4-1, they disclose their refusal to the employee. The latter may refer the matter to the council of prud'hommes. »
VI. - Article L. 143-11-8 of the same code is supplemented by a paragraph as follows:
"The amounts paid to the employee pursuant to sections L. 122-9-1 and L. 122-3-4-1 are, if applicable, taken into account in determining the amount or amounts provided for in the preceding paragraph. »
I. - The I of Article L. 129-1 of the Labour Code is supplemented by a paragraph as follows:
"Intermediate associations are exempted from the condition of exclusive activity referred to in the first paragraph. »
II. - The last paragraph of Article III is as follows:
"This decree specifies the conditions under which intermediaries associations are approved in this field. »
III. - The b of 2 of section L. 322-4-16-3 of the same code is repealed.
The general code of territorial authorities is amended as follows:
1° After the article L. 2251-3, an article L. 2251-3-1 is inserted as follows:
"Art. L. 2251-3-1. - The municipalities and their groupings may allocate operating subsidies to the local structures of the representative trade union organizations under conditions fixed by decree in the Council of State. Subsidized organizations are required to report to the municipal council on the use of the grant. » ;
2° After article L. 3231-3, an article L. 3231-3-1 is inserted as follows:
"Art. L. 3231-3-1. - Departments can allocate operating subsidies to the local structures of representative trade union organizations under conditions fixed by decree in the Council of State. Subsidized organizations are required to report to the General Council on the use of the grant. » ;
3° Chapter III of Book II title V of Part IV is supplemented by a section 3 as follows:
“Section 3
“Direct and indirect aids
"Art. L. 4253-5. - Regions can allocate operating subsidies to the local structures of representative trade union organizations under conditions fixed by decree in the Council of State. Subsidized organizations are required to report to the General Council on the use of the grant. »
The trade code is thus modified:
1° The first paragraph of Article L. 225-23 is as follows:
"When the report submitted by the board of directors at the general meeting pursuant to section L. 225-102 establishes that the shares held by the company's staff as well as by the company's corporate staff in accordance with section L. 225-180 represent more than 3% of the corporation's social capital, one or more directors shall be appointed by the general assembly of the shareholders on the proposal of the shareholders referred to in section L. These directors must be appointed among shareholder employees or, where appropriate, among employees members of the supervisory board of a joint investment fund holding shares of the corporation. These directors are not considered for the determination of the minimum number and maximum number of directors provided for in section L. 225-17. »
2° The last paragraph of Article L. 225-23 is deleted.
3° The first paragraph of Article L. 225-71 is as follows:
"When the report submitted by the board at the general meeting pursuant to section L. 225-102 establishes that the shares held by the company staff as well as by the company personnel who are related to it under section L. 225-180 represent more than 3% of the corporation's social capital, one or more members of the supervisory board shall be appointed by the general assembly of the shareholders on the proposal of the shareholders referred to in section L 102. These members must be appointed among the shareholders or, where applicable, among the employees members of the supervisory board of a joint investment fund holding shares of the corporation. These members are not considered for the determination of the minimum number and maximum number of members of the supervisory board provided for in section L. 225-69. »
4° The last paragraph of Article L. 225-71 is deleted.
I. - In the second paragraph of Article L. 443-5 of the Labour Code, the words "of the board of directors or of the board, as the case may be," are deleted.
II. - The same paragraph is supplemented by a sentence as follows:
"The decision setting the date of subscription shall be made by the board of directors or the board, as the case may be, or by its president if he has received a delegation in that direction pursuant to Article L. 225-129 V of the Commercial Code. »
Act No. 96-659 of 26 July 1996 on the regulation of telecommunications is supplemented by article 24 as follows:
“Art. 24. - Non-marine personnel temporarily boarded on wired vessels to maintain and lay underwater links are subject to sections 24, 25, 28, 29 and 30 of the Act of 13 December 1926 enacting the Maritime Labour Code for the duration of their temporary missions on board these vessels.
"By derogation from the provisions of articles 24 and 25 of the same law, the measures to implement this article shall be taken by decree in the Council of State. These decrees are taken after consultation with the most representative organizations of the staff mentioned in the first paragraph. »
I. - Chapter I of Book V title I of the Code of Social Action and Families is thus written:
“Chapter I
« Community social assistance
"Art. L. 511-1. - The provisions of this Code do not preclude the application of the provisions of this chapter in the departments of Bas-Rhin, Haut-Rhin and Moselle.
"Art. L. 511-2. - Any person with no resources and up to sixteen years of age must receive from the municipality in which they are sheltered, the necessary maintenance, the necessary care and requirements for illness and decent funeral. Assistance is granted without prejudice to the right to claim the reimbursement of costs to the municipality in which the person without resources has his or her communal emergency home.
"Art. L. 511-3. - The assistance provided for in section L. 511-2 may be granted in particular by distributing relief in kind or in cash to the person with no resources, by ensuring his or her placement in an appropriate host institution, by providing him with work adapted to his or her capacity or by providing him with socio-educational support.
"For these purposes, the commune can create structures for insertion or temporary accommodation.
"Art. L. 511-4. - The assistance provided for in section L. 511-2 may be entrusted by the municipal council to a specialized public institution. It can be ensured through intercommunal cooperation.
"Art. L. 511-5. - The communal emergency home is determined by application to the municipalities of the departments mentioned in article L. 511-1 of the rules set out in chapter II of Book I for the determination of the departmental emergency home.
"Art. L. 511-6. - The assistance provided for in Article L. 511-2 is the responsibility of the municipality in which the person deprived of resources has his or her communal emergency home.
"Art. L. 511-7. - In the event of a lack of interest, the mayor of the commune may ask in his place and place the judicial authority to fix the food debt and to pay its amount to the commune.
"Art. L. 511-8. - Expenditures resulting from the application of the provisions of this chapter shall be included in the municipal budget as obligatory expenses.
"Art. L. 511-9. - Individual decisions on granting or refusing to grant assistance, made under this chapter, may be appealed in the conditions set out in chapter IV of title III of Book I.
"The disputes concerning the determination of the communal emergency home are brought, first of all, before the administrative court in Strasbourg.
"Art. L. 511-10. - A decree in the Council of State shall, as necessary, establish, for the departments mentioned in Article L. 511-1, the measures to adapt the provisions of this code made necessary for the application of this chapter. »
II. - Article L. 512-1 of the same code is as follows:
"Art. L. 512-1. - The payment of the minimum income allowance provided for in section L. 262-1 is not subject to the condition that the person concerned assert his or her rights to benefits under sections L. 511-2 to L. 511-9. »
III. - The local laws of 30 May 1908 on the emergency home were repealed and of 8 November 1909 taken for its execution.
Order No. 2001-173 of 22 February 2001 on the transposition of Council Directive 92/85/EEC of 19 October 1992 on the implementation of measures to promote the improvement of the safety and health of pregnant workers, who have been given birth or breastfeeding at work, pursuant to Act No. 2001-1 of 3 January 2001 empowering the Government to transpose, by order, certain Community directives and to implement certain provisions of the Community.
I. - In the title of Chapter III of Title III of Book III of the Social Security Code, the words "pregnant women exempted from work" are replaced by the words "women exempted from work".
II. - The first paragraph of Article L. 333-1 of the same code is amended as follows:
1° The word: "pregnants" is deleted;
2° The words: "in accordance with Article L. 122-25-1-2" are replaced by the words: "in accordance with Articles L. 122-25-1-1 and L. 122-25-1-2".
III. - Chapter IV of Title III of Book III of the same Code is repealed.
In the second sentence of the second paragraph of Article 15 of Act No. 89-462 of 6 July 1989 referred to above, after the words "in case" are inserted the words "to obtain a first job".
The provisions of section 1 of chapter III of title I of Book II of the Labour Code apply to employees of establishments included in the scope of Article L. 220-1 of the same Code.
This law will be enforced as a law of the State.
National Assembly:
Bill, amended by the Senate on second reading, No. 3316;
Report of Mr. Philippe Nauche, on behalf of the Joint Parity Commission, No. 3358.
Senate:
Report of Mr. Gérard Dériot, on behalf of the Joint Parity Commission, No. 48 (2001-2002).
National Assembly:
Bill, amended by the Senate on second reading, No. 3316;
MM report. Philippe Nauche and Gérard Terrier, on behalf of the Cultural Affairs Committee, No. 3385;
Discussion on 6 December 2001 and adoption on 11 December 2001.
Senate:
Bill, adopted with amendments by the National Assembly in new reading, No. 128 (2001-2002);
Report of Mr. Gérard Dériot, Bernard Sellier, Alain Gournac and Ms. Annick Bocandé, on behalf of the Social Affairs Committee, No. 129 (2001-2002);
Discussion and adoption on 14 December 2001.
National Assembly:
Bill, amended by the Senate on new reading, No. 3468;
MM report. Philippe Nauche and Gérard Terrier, on behalf of the Cultural Affairs Committee, No. 3471;
Discussion and adoption on December 19, 2001.
- Constitutional Council:
Decision No. 2001-455 DC of 12 January 2002 published in the Official Gazette of this day.
Done in Paris, January 17, 2002.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Lionel Jospin
Minister of Economy,
finance and industry,
Laurent Fabius
The Minister of Employment and Solidarity,
Elisabeth Guigou
The Seal Guard, Minister of Justice,
Marylise Lebranchu
The Minister of the Interior,
Daniel Vaillant
Minister of National Education,
Jack Lang
Minister of Foreign Affairs,
Hubert Védrine
Minister of Defence,
Alain Richard
Minister of Equipment,
Transport and housing,
Jean-Claude Gayssot
Minister of Agriculture and Fisheries,
Jean Glavany
Minister of Public Service
and state reform,
Michel Sapin
Minister Delegate for Family, Children
and persons with disabilities,
Royal
Minister for Health,
Bernard Kouchner
The Secretary of State to the Overseas,
Christian Paul
State Secretary for Housing,
Marie-Noëlle Lienemann
Secretary of State
small and medium-sized enterprises,
trade, crafts
and consumption,
François Patriat
State Secretary for Women's Rights
and vocational training,
Nicole Péry
Secretary of State for Defence
combatants,
Jacques Floch
State secretary to the elderly,
Paulette Guinchard-Kunstler
(1) Act No. 2002-73.
- Preparatory work:
National Assembly:
Bill No. 2415 corrected;
MM report. Philippe Nauche and Gérard Terrier, on behalf of the Cultural Affairs Committee, No. 2809;
Information report of Ms. Hélène Mignon, on behalf of the delegation to the rights of women, No. 2798;
Discussion on 9, 10 and 11 January 2001 and adoption, after an emergency statement, on 11 January 2001.
Senate:
Bill, adopted by the National Assembly, No. 185;
Report of MM. Claude Huriet, Bernard Seillier, Alain Gournac and Ms. Annick Bocandé, on behalf of the Social Affairs Committee, No. 275 (2000-2001) ;
Opinion of Mr. Jacques Legendre, on behalf of the Committee on Cultural Affairs, No. 276 (2000-2001);
Information report by Mr. Philippe Richert, on behalf of the delegation to the rights of women, No. 258 (2000-2001)
Discussion on April 24 and 25, May 2, 9 and 10, 2001 and adoption on May 10, 2001.
National Assembly:
Bill, amended by the Senate, No. 3052;
MM report. Philippe Nauche and Gérard Terrier, on behalf of the Cultural Affairs Committee, No. 3073;
Discussion on 22 and 23 May 2001 and 12 June 2001 and adoption on 13 June 2001.
Senate:
Bill, adopted with amendments by the National Assembly on second reading, No. 384 (2000-2001);
Report of MM. Claude Huriet, Bernard Seillier, Alain Gournac and Ms. Annick Bocandé, on behalf of the Commission for Social Affairs, No. 404 (2000-2001), and supplementary report of Mr. Alain Gournac No. 424 (2000-2001);
Discussion on 26 and 27 June, 9 October 2001 and adoption on 9 October 2001.
