Key Benefits:
The National Assembly and the Senate adopted,
Vu la Constitutional Council decision No. 2007-561 DC of 17 January 2008;
The President of the Republic enacts the following legislation:
TheOrder No. 2007-329 of 12 March 2007 The Labour Code (Legislative Party) is ratified in its drafting as amended by sections 2,3, 4.6 and 7 of this Act.
I. ― At the beginning of the I of Article 4 of Order No. 2007-329 of 12 March 2007 referred to above, the words "The provisions of" are replaced by the words "The provisions of the third paragraph of".
II. ― In the 2nd of Article L. 423-11 inserted in the code of social action and families by the 6th of Article 5 of the same ordinance, after the words: "six months and", are inserted the words: "two years and one".
III. ― In the first paragraph of Article L. 423-33 inserted in the code of social action and families by the same 6°, the word "weekly" is replaced by the word "weekly".
IV. ― Title III of Book IV of the Code of Social Action and of Families inserted by the 7th of Article 5 of the Order is thus amended:
1° The title is supplemented by the words: ", permanent places of life";
2° It is added a chapter III to read as follows:
“Chapter III
« Permanent places of life
"Art.L. 433-1.-The places of life and reception, authorized under Article L. 313-1, are managed by natural or legal persons.
"As part of their mission, the permanent staff responsible for the care of the people in the place of life are constantly and daily accompaniment to the people who are welcomed.
"Permanent assistants, who may be employed by the physical or legal person manager of the place of life, supple or replace responsible permanent members.
"Permanents and permanent assistants are not subject to the provisions relating to the duration of work, the allocation and schedule of titles I and II of Book I of the third part of the Labour Code, the rest and holidays provisions of chapters I and II and section 3 of Chapter III of Title III of that same book.
"The duration of their work is two hundred and fifty-eight days a year.
"The procedures for monitoring the organisation of the work of the employees concerned are defined by decree.
"The employer must make available to the Labour Inspector for a period of three years, the existing document(s) to record the number of working days carried out by the responsible permanent staff and permanent assistants. When the number of days worked exceeds two hundred and fifty-eight days after deduction, if any, of the number of days spent on a time-saving account and of leave deferred under the conditions provided for inArticle L. 3141-21 of the Labour Code, the employee shall, in the first three months of the following year, have a number of days equal to that exceedance. This number of days reduces the legal annual ceiling of the year in which they are taken. »
V. ― In theArticle 209 of the mining code inserted by section 7 of the same order, the words: "Article L. 208" are replaced by the words: "Article 208".
VI. ― In article L. 719-9 of the rural code inserted by the 7th of section 8 of the same ordinance, after the words "scheduled security" is inserted the word "to".
VII. ― Section 4 of the Order is supplemented by an IX as follows:
" IX. ― Agreements and conventions signed or extended before December 22, 2006, which provided for the possibility of an employee's retirement before the age fixed to the employee first paragraph of Article L. 351-1 of the Social Security Code cease to produce their effects by 31 December 2007. The compensation paid to the employee by the employer shall be subject to the contribution established in section L. 137-10 of the same code. »
VIII. ― Section 12 II of the Order is amended as follows:
1° The 17° to 25° respectively become the 18° to 26°;
2° It is re-established a 17° as follows:
« 17° TheArticle 18 of Act No. 83-635 of 13 July 1983 amending the Labour Code and Criminal Code with regard to professional equality between women and men; "
IX. ― Section 12 II of the Order is amended as follows:
1° In the 4th, after the reference: " 133", is inserted the reference: "a";
2° In the 5th, the references: "66 and 621" are replaced by the references: "616,621,622 and 629";
3° In the 6th, the word and reference: " and 63" are replaced by the references: ",63 and 66";
4° In the 8th, the words "and the ninth preambular paragraph" are deleted after the word "articles" is inserted the reference "20", and after the reference "24" is inserted the reference ",25".
X. ― In section 14 of the same order, the words: "At the same time as the regulatory part of the new Labour Code and by March 1, 2008" are replaced by the words: "May 1, 2008".
Annex I to Order No. 2007-329 of 12 March 2007 above is amended as follows:
1° Before the first part, a preliminary chapter is inserted:
“Preliminary Chapter
“Social dialogue
"Art. L. 1.-Any reform project contemplated by the Government that deals with individual and collective labour relations, employment and vocational training and that falls within the scope of national and inter-professional bargaining is the subject of prior consultation with trade union organizations of employees and representative employers at the national and inter-professional level for the possible opening of such a negotiation.
"To this end, the Government will provide them with a guidance document with diagnostic elements, objectives and key options.
"When they communicate their intention to engage in such negotiations, the organizations also indicate to the Government the time they consider necessary to conduct the negotiations.
"This section is not applicable in an emergency. When the Government decides to implement a draft reform in the absence of a consultation procedure, it shall inform the organizations referred to in the first paragraph of this decision by transmitting it in a document that it transmits to those organizations before taking any necessary action by the urgency.
"Art. L. 2.-The Government shall submit the draft legislative and regulatory texts drawn up in the field defined by Article L. 1, in the light of the results of the consultation and negotiation procedure, as the case may be, to the National Collective Bargaining Commission, the Higher Employment Committee or the National Council for Vocational Training throughout the life, under the conditions set out in Articles L. 2271-1, L. 5112-1 and L. 6123-1.
"Art. L. 3.-Each year, the directions of the Government's policy in the areas of individual and collective labour, employment and vocational training, as well as the timetable envisaged for their implementation are presented for the coming year to the National Collective Bargaining Commission. The organizations referred to in Article L. 1 present, for their part, the state of progress of the ongoing inter-professional negotiations as well as the timing of those they intend to conduct or engage in the coming year. The record of the proceedings is published.
"Each year, the Government shall submit to Parliament a report describing all the consultation and consultation procedures carried out during the past year pursuant to articles L. 1 and L. 2, the various areas in which these procedures have taken place and the various phases of these procedures. » ;
2° Chapter I of Book II of Part II is repealed and Chapter II of the same title becomes a single chapter comprising Article L. 2212-1, which becomes Article L. 2211-1;
3° At the end of the 3rd of Article L. 6123-1, the reference: "L. 2211-2" is replaced by the reference: "L. 2";
4° In the 3rd of Article L. 1111-3, the words: "minimum entry-income contracts of activity" are replaced by the words: "a contract insertion-revenue minimum of activity",
5° Before Article L. 1161-1, the division is inserted: "Single Chapter";
6° Article L. 1225-17 is supplemented by two paragraphs as follows:
"At the request of the employee and subject to a favourable opinion from the health professional following the pregnancy, the period of suspension of the employment contract that begins before the presumed date of delivery may be reduced by a maximum of three weeks. The period after the presumed date of delivery is then increased.
"When the employee has deferred a portion of the maternity leave after the child's birth and is prescribing a work stop during the period prior to the presumed date of delivery, the postponement is cancelled and the period of suspension of the work contract is deducted from the first day of the work stop. The period initially postponed is reduced. » ;
7° After the first paragraph of Article L. 1225-19, two paragraphs are inserted:
"At the request of the employee and subject to a favourable opinion from the health professional following the pregnancy, the period of suspension of the employment contract that begins before the presumed date of delivery may be reduced by a maximum of three weeks. The period after the presumed date of delivery is then increased.
"When the employee has deferred a portion of the maternity leave after the child's birth and is prescribing a work stop during the period prior to the presumed date of delivery, the postponement is cancelled and the period of suspension of the work contract is deducted from the first day of the work stop. The period initially postponed is reduced. » ;
8° In Article L. 1225-23, the words: "between the effective date of birth and six weeks before the scheduled date, in order to allow the employee to participate, whenever possible, in the care provided to the child and to benefit from health education actions preparing the return to the home" are replaced by the words: "of the effective date of delivery at the beginning of the maternity leave-17 periods referred to in Articles L. 12
9° The first paragraph of Article L. 1225-24 is supplemented by a sentence as follows:
"The employee warns the employer of the reason for her absence and the date on which she intends to terminate it. » ;
10° The second paragraph of Article L. 1225-38 is supplemented by a sentence as follows:
"The application of these items is not an obstacle to the expiration of the fixed-term employment contract. » ;
11° The second paragraph of Article L. 1225-39 is supplemented by the words: "or by impossibility to maintain the contract of work for a reason outside the adoption";
12° The second paragraph of Article L. 1225-41 becomes the first paragraph of Article L. 1225-42;
13° The last paragraph of Article L. 1225-48 is as follows:
"When the child adopted or entrusted for adoption is more than three years old but has not yet reached the age of the end of the school obligation, parental leave and part-time activity period may not exceed one year from the arrival to the home. » ;
14° The second paragraph of Article L. 1225-54 is deleted;
15° In the first paragraph of Article L. 1226-23, the word "temporary" is deleted and, after the word "will" are inserted the words "and for a relatively unimportant duration";
16° In the last paragraph of Article L. 1226-24, the words: "For the purposes of this article" are deleted;
17° Article L. 1233-3 is supplemented by a paragraph as follows:
"The provisions of this chapter shall apply to any termination of the employment contract resulting from any of the causes set out in the first paragraph. » ;
18° At the end of sections L. 1233-26 and L. 1233-27, the words "of this section" are replaced by the words "of this chapter";
19° After the article L. 1234-17, an article L. 1234-17-1 is inserted as follows:
"Art. L. 1234-17-1.-The provisions of this subsection apply in the absence of legal, conventional or usage provisions providing for a longer notice period. They also apply to the termination of the indefinite employment contract at the initiative of the employee. » ;
20° Article L. 1235-10 is supplemented by a paragraph as follows:
"The first paragraph is not applicable to enterprises in judicial recovery or liquidation. » ;
21° After the article L. 1237-5, an article L. 1237-5-1 is inserted as follows:
"Art. L. 1237-5-1.-A effective December 22, 2006, no collective agreement or agreement providing for the possibility of an employee's ex officio retirement at a lower age than that set out in the 1° of Article L. 351-8 of the Social Security Code cannot be signed or extended.
"The agreements entered into and extended before December 22, 2006, determining considerations in terms of employment or vocational training and setting an age below that mentioned in the same 1°, as long as the employee can benefit from a full-rate old-age pension and this age is not less than that set out in the first paragraph of Article L. 351-1 of the same code, cease to produce their effects on December 31, 2009. » ;
22° Article L. 1242-4 is supplemented by a paragraph as follows:
"After liquidation of a pension, an employee may enter into a fixed-term employment contract with the same employer, pursuant to section L. 1242-3, for the exercise of tutoring activities defined in the 8° of Article L. 161-22 of the Social Security Code. A decree determines the duration of this contract. » ;
23° The second sentence of the third sentence of section L. 1242-8 is supplemented by the words: "and the employer must proceed, prior to the proposed recruitments, to the consultation of the business committee or, if any, staff delegates";
24° In article L. 1245-1, after the reference: "L. 1242-12," the words "paragraph 1" are inserted;
25° In Article L. 1262-1, the word "prescription" is replaced by the word "service";
26° The 2nd of Article L. 1271-1 is supplemented by the words: ", or persons hosting children in school in kindergarten or elementary school limited to the hours preceding or following the class";
27° In chapter III of Part II, Part II, Title VI, an article L. 2263-1 is inserted as follows:
"Art. L. 2263-1.-Where, pursuant to an express statutory provision in a specific subject matter, an extended collective agreement or agreement derogates from legal provisions, offences against derogatory stipulations are punishable by the penalties imposed by the violation of the legal provisions in question. » ;
28° Article L. 2121-1 is supplemented by a 5° as follows:
« 5° Patriotic attitude during Occupation. » ;
29° In the first paragraph of Article L. 2143-15, after the word "central", the words are inserted: "as provided in the first paragraph of Article L. 2143-5";
30° In article L. 2315-2, after the word "benefit", the words "in addition" are inserted;
31° Article L. 2323-47 is amended as follows:
(a) The first paragraph is supplemented by a sentence as follows:
"This report covers the activity and financial situation of the company, the balance sheet of part-time work in the company, the evolution of employment, qualifications, training and wages, the comparative situation of the general conditions of employment and training of women and men and the actions for the employment of disabled workers in the company. » ;
(b) The last paragraph is as follows:
"The modalities for the application of this article are determined by decree in the Council of State. » ;
32° In the first paragraph of Article L. 2323-53, the words: "occupied in the undertaking under" are replaced by the words: "holders of one";
33° In the third paragraph of Article L. 2325-29, the words "war widows" are replaced by the words "surviving spouses";
34° In the title of chapter V of title III of Book IV of Part II, the word "in" is replaced by the word "of";
35° In the second paragraph of section L. 2523-1, the words "the minister responsible for work" are replaced by the words "the administrative authority";
36° In the 1st of Article L. 3123-14, after the word: "home", the words are inserted: "and employees under a collective agreement of work concluded under articles L. 3123-25 et seq.";
37° In the second paragraph of Article L. 3132-14, after the words: "work inspector", the words are inserted: "after consultation with union delegates and advice from the business committee or staff delegates, if they exist,"
38° Section L. 3121-51 is amended as follows:
(a) The first paragraph is supplemented by a sentence as follows:
"In this case, the agreement or agreement contains all the details provided for in the second paragraph of Article L. 3121-40 and Article L. 3121-42. » ;
(b) The second paragraph is supplemented by a sentence as follows:
"In this case, the agreement or agreement contains the details provided for in Article L. 3121-45. » ;
39° The 1st of Article L. 3133-8 is supplemented by the words: "However, in the departments of Moselle, Lower Rhine and Upper Rhine, the agreement provided for in the second paragraph cannot determine neither the first and second days of Christmas nor, regardless of the presence of a Protestant temple or a mixed church in the communes, on Good Friday as the date of the day of solidarity";
40° In the last paragraph of Article L. 3134-1, the reference: "L. 3132-12" is replaced by the reference: "L. 3132-14";
41° Section L. 3134-4 is amended as follows:
(a) In the first paragraph, the word "trades" is replaced by the words "commercial operations";
(b) In the third paragraph, the words: "all trades" are replaced by the words: "all commercial operations";
42° At the end of the 2nd of Article L. 3141-5, the words ", adoption and education of children" are replaced by the words "and adoption";
43° The second paragraph of Article L. 3141-11 is as follows:
"Another date may be set by collective agreement or agreement of work pursuant to sections L. 3122-9, relating to the modulation of working time, or L. 3122-19, relating to the allocation of rest days in the course of the year. » ;
44° After article L. 3142-64, as numbered by the b of the 9th of this article, an article L. 3142-64-1 is inserted as follows:
"Art. L. 3142-64-1.-The mayors and deputy mayors, presidents and vice-presidents of general council, presidents and vice-presidents of regional council shall be provided with the provisions of sections L. 3142-60 to L. 3142-64, respectively, under the conditions set out in Articles L. 2123-9, L. 3123-7 and L. 4135-7 of the General Code of Territorial Communities.
45° Section 2 of Chapter II of Title IV of Book I of Part III is amended as follows:
(a) Sub-sections 2 to 9 become sub-sections 3 to 10;
(b) Articles L. 3142-22 to L. 3142-97 become articles L. 3142-32 to L. 3142-107 and the reference to these articles is amended accordingly throughout the Labour Code;
(c) It is re-established a sub-section 2 as follows:
"Subsection 2
"Family Support Leave
"Art. L. 3142-22.-An employee with at least two years of seniority in the enterprise is entitled to unpaid family support leave where one of the following persons has a particular disability or loss of autonomy:
« 1° His spouse;
« 2° His concubin;
« 3° His partner bound by a civil pact of solidarity;
« 4° His ascendant;
« 5° His descendant;
« 6° The child he bears the burden within the meaning ofArticle L. 512-1 of the Social Security Code ;
« 7° His collateral to the fourth degree;
« 8° The ascendant, descendant or collateral to the fourth degree of his spouse, concubine or partner bound by a civil pact of solidarity.
"Art. L. 3142-23.-For the benefit of family support leave, the assisted person must reside in France on a stable and regular basis and must not be placed in an institution or in a third party other than the employee.
"Art. L. 3142-24.-Family support leave is three months renewable.
"He cannot exceed the duration of one year for the entire career.
"Art. L. 3142-25.-The employee may terminate, on an early basis, the family support leave or waive it in the following cases:
« 1° Death of the helped person;
"2° Admission to an institution of the assisted person;
« 3° Significant decrease in employee resources;
« 4° Use a home help service to assist the assisted person;
« 5° Family support leave taken by another family member.
"Art. L. 3142-26.-The employee on family support leave shall not be employed in any professional activity.
"However, it may be used by the person assisted under the conditions set out in the third paragraph of Article L. 232-7 or in the second paragraph of Article L. 245-12 of the Code of Social Action and Families.
"Art. L. 3142-27.-At the end of the family support leave, the employee regains employment or similar employment with at least equivalent remuneration.
"Art. L. 3142-28.-The duration of family support leave shall be taken into account in determining the benefits of seniority.
"The employee retains the benefit of all the benefits he had acquired before the start of the leave.
"Art. L. 3142-29.-An employee who suspends his or her activity through a family support leave is entitled to an interview with the employer, before and after his or her leave, with respect to his or her career orientation.
"Art. L. 3142-30.-Any convention contrary to the provisions of this subsection is void.
"Art. L. 3142-31.-An order determines the conditions for the application of this subsection, including:
« 1° Criteria for assessing the particular gravity of the disability or loss of autonomy of the assisted person;
« 2° The conditions under which the employee informs the employer of his or her willingness to receive a family support leave or his intention to terminate it in advance. » ;
(d) A sub-section 11 is added as follows:
"Subsection 11
“Civil security reserve,
emergency and health reserve operations
“Paragraph 1
“Civil Security Reserve
"Art. L. 3142-108.-In order to fulfill its commitment to serve in the civil security reserve during its working time, the employee must obtain the agreement of his employer, subject to more favourable provisions resulting from the employment contract, labour agreements or collective agreements or agreements between the employer and the reserve management authority. In the event of a refusal, the employer motivates and notifies its decision to the individual and to the reserve management authority within one week of receipt of the application.
"Art. L. 3142-109.-For the period of activity in the civil security reserve, the employee's employment contract is suspended.
"Art. L. 3142-110.-The period of activity in the civil security reserve is considered to be an effective working period for the legal and conventional benefits of seniority, paid leave and entitlement to social benefits.
"Art. L. 3142-111.-No termination or decommissioning, no disciplinary penalty may be imposed against an employee because of the absences resulting from his or her commitment to serve in the civil security reserve.
“Paragraph 2
“ Participation in relief operations
"Art. L. 3142-112.-When an employee member of an approved civil safety association is requested for the implementation of the Orsec plan or at the request of the competent police authority in the event of an accident, disaster or disaster, he or she must obtain the agreement of his or her employer.
"Unless there is an inherent need for the company's production or walking, the employer cannot oppose the employee's absence.
"Art. L. 3142-113.-The conditions for taking into account the absence of an employee as a result of his or her participation in a relief operation are defined in agreement with the employer, subject to more favourable provisions resulting from the employment contract, labour agreements or collective agreements or agreements between the employer and the Minister for Civil Security.
"Art. L. 3142-114.-No dismissal or occupational decommissioning, no disciplinary penalty may be imposed against the employee mobilised because of the absences referred to in Article L. 3142-112.
“Paragraph 3
« Health reserve
"Art. L. 3142-115.-The provisions applicable to sanitary reservists are defined in chapter III of Book I of Part III of the Public Health Code. » ;
46° The 1st of Article L. 3152-1 is amended as follows:
(a) At the end of the c, the word and the reference: "or L. 3121-42" are replaced by the references: ", L. 3121-42 or L. 3121-51";
(b) In the d, after the reference: "L. 3121-45", is inserted the reference: "L. 3121-51",
47° Article L. 3221-9 is as follows:
"Art. L. 3221-9.-The labour inspectors, the inspectors of social laws in agriculture or, where appropriate, the other assimilated supervisors are responsible, in the area of their respective competences, in conjunction with the officers and judicial police officers, for detecting offences against these provisions. » ;
48° After the article L. 3221-9, an article L. 3221-10 is inserted as follows:
"Art. L. 3221-10.-A decree in the Council of State determines the modalities for the application of this chapter. » ;
49° The title of paragraph 3 of subsection 2 of section 2 of chapter III of Book II title V of Part III is read as follows: "Protection institutions against the risk of non-payment";
50° Article L. 3253-14 is supplemented by a paragraph as follows:
"This association and, in the case set out in the third paragraph, the management organizations of the unemployment insurance plan are the guarantee institutions against the risk of non-payment. » ;
51° In sections L. 3253-15, L. 3253-16, L. 3253-17, L. 3253-20 and L. 3253-21, the words: "management organizations of the unemployment insurance system" are replaced by the words: "guaranteed institutions referred to in section L. 3253-14";
52° At the beginning of the second paragraph of Article L. 3253-15, the word "They" is replaced by the word "They";
53° Section L. 3253-16 is amended as follows:
(a) In the first paragraph, the word "subrogated" is replaced by the word "subrogated", and the word "they" is replaced by the word "they";
(b) At the beginning of the last sentence, the word "They" is replaced by the word "They";
54° In the first and second sentences of the second paragraph of Article L. 3253-20, the word "organisms" is replaced by the word "institutions";
55° In article L. 3261-2, after the words: "supports", the words "in a proportion determined by regulation" are inserted;
56° In the second paragraph of Article L. 3262-5, the words "of the business committee, dedicated to" are replaced by the word "of" and, after the word "cultural", the sign "," is deleted;
57° Chapter II of Part III, title VI, is amended as follows:
(a) Section 3 becomes section 4;
(b) Article L. 3262-6 becomes Article L. 3262-7;
(c) In the last paragraph of Article L. 3262-5, the reference: "L. 3262-6" is replaced by the reference: "L. 3262-7";
(d) After L. 3262-5, a section 3 is reinstated as follows:
“Section
“Exemptions
"Art. L. 3262-6.-Where the employer contributes to the acquisition of the securities by the beneficiary employee and that this contribution is between a minimum and a maximum fixed by the administrative authority, the resulting additional remuneration for the employee is exempted, within the limit of EUR 0, 46 per title, from the lump-sum payment on wages and income tax.
"This exemption is conditional on the condition that the employer, with respect to the lump-sum payment on wages, and the employee, with respect to income tax, comply with their obligations under this chapter. » ;
58° Article L. 3312-6 is supplemented by a paragraph as follows:
"The application to project interest of the provisions of the first paragraph of Article L. 3312-4 does not give rise to the application of theArticle L. 131-7 of the Social Security Code.
59° Article L. 3314-10 is supplemented by a paragraph as follows:
"The application to the additional interest of the provisions of the first paragraph of Article L. 3312-4 does not give rise to the application of theArticle L. 131-7 of the Social Security Code.
60° Article L. 3324-9 is supplemented by a paragraph as follows:
"The application to the special reserve supplement of the provisions of the second paragraph of Article L. 3325-1 does not give rise to the application of theArticle L. 131-7 of the Social Security Code.
61° The first sentence of Article L. 4111-2 is amended as follows:
(a) The words: "industrial and commercial public and administrative public institutions employing personnel under the conditions of private law" are replaced by the words: "as mentioned in 1° to 3° of Article L. 4111-1";
(b) After the words: "by decree", the words are inserted: "taken, except for special provisions";
62° In the last paragraph of Article L. 4111-4, after the word: "may", is inserted the word "their", and the words: "to the enterprises mentioned in 2°" are deleted;
63° Article L. 3313-3 is as follows:
"Art. L. 3313-3.-The agreement of interest shall be filed with the administrative authority within a prescribed time limit. » ;
64° In the first paragraph of Article L. 4151-1, the word "book" is replaced by the word "title";
65° Article L. 4411-2 is supplemented by the words: "and may, in particular, organize special procedures where there is an urgent need to suspend the commercialization or use of hazardous substances and preparations, and provide for the compensation of workers affected by these products";
66° Section 2 of Chapter I of Book IV title I of Part IV is repealed and Section 3 of the Chapter becomes Section 2;
67° The title of chapter V of title I of Book V of Part IV is as follows: "Special provisions for loading and unloading operations";
68° Article L. 4523-15 is supplemented by a paragraph as follows:
"The committee may invite, on an advisory and occasional basis, the head of an outside business. » ;
69° In the first paragraph of Article L. 4526-1, after the words: "as the case may be," the words ", the Nuclear Safety Authority", are inserted;
70° Title III of Book V of Part IV is amended as follows:
(a) Chapter III becomes Chapter IV, Chapter IV becomes Chapter V and Article L. 4534-1 becomes Article L. 4535-1;
(b) After Article L. 4532-18, a chapter III is reinstated entitled: "Technical requirements applicable before the execution of the work";
71° After the article L. 4612-8, an article L. 4612-8-1 is inserted as follows:
"Art. L. 4612-8-1.-The hygiene, safety and working conditions committee may call on an advisory and occasional basis for the assistance of any person in the establishment who appears to be qualified. » ;
72° Section L. 4612-16 is amended as follows:
(a) The 1st is supplemented by two sentences as follows:
"In this context, the issue of night work is specifically addressed. In enterprises using night work, it must be the subject of a specific presentation in the annual report. » ;
(b) The 2° is supplemented by a sentence as follows:
"This program sets out the detailed list of measures to be taken in the coming year, as well as, for each measure, its conditions of execution and the cost estimate. » ;
73° Title I of Book VI of Part IV is supplemented by a chapter V entitled "Health, Safety and Working Conditions in Certain Health, Social and Medical-Social Institutions";
74° Article L. 4622-8 is supplemented by the words: "as well as adaptations to these conditions in the health services of health, social and mediocial institutions";
75° In the title of chapter III of title II of Book VI of Part IV, the word "of" is replaced by the words "contributing to";
76° In the title of Chapter I of Book VI of Part IV, after the word "Superior", the words "and regional committees" are inserted;
77° In the second paragraph of Article L. 4524-1, the words: "as mentioned in Article L. 4521-1" are replaced by the words: "including at least one facility on the list provided for in Article L. 515-8 of the Environmental Code or subject to the list provided for in Article L. 515-8 of the Environmental Code or provisions of articles 3-1 and 104 to 108 of the mining code » ;
78° Section L. 4741-1 is amended as follows:
(a) In the 1st, the words "and chapter III" are replaced by the words "as well as chapter III and section 2 of chapter IV";
(b) After 5°, it is inserted a 6° as follows:
« 6° Chapter II of title II of this book. » ;
79° In L. 4744-6, the reference: "L. 4534-1" is replaced by the reference: "L. 4535-1";
80° Article L. 5132-3 is as follows:
"Art. L. 5132-3.-Only hires of persons approved by the National Employment Agency are entitled to:
« 1° Assisting contracts in employment for workshops and integration projects;
« 2° Financial aids to integration companies and temporary employment enterprises mentioned in the first paragraph of Article L. 5132-2. » ;
81° Section L. 5132-11 is amended as follows:
(a) At the beginning of the first preambular paragraph, the words are inserted: "For made available in the field of Article L. 5132-9,"
(b) The last paragraph is deleted;
82° Article L. 5132-14 is as follows:
"Art. L. 5132-14.- Where the activity of the intermediate association is carried out under the conditions of this subsection, it shall not apply:
« 1° The penalties for temporary work, provided for in articles L. 1254-1 to L. 1254-12;
« 2° Sanctions for merchanting, provided for in articles L. 8234-1 and L. 8234-2;
« 3° Sanctions for the illicit loan of labour, as provided for in articles L. 8243-1 and L. 8243-2.
"The penalties for non-compliance with the provisions referred to in Article L. 8241-2 relating to non-profit loan operations are applicable. » ;
83° In article L. 5134-84, after the words: "this contract", are inserted the words: "incorporation-revenue minimum of activity";
84° In the second paragraph of Article L. 5141-2, the words "to articles L. 161-1 and" are replaced by the words "to article";
85° Article L. 5141-3 is moved to chapter I, section 3, title IV, of Part 5;
86° In the 3rd of Article L. 5211-2, the words "development" are deleted;
87° The 5° to 8° of the article L. 5212-13 are thus written:
« 5° Unremarried surviving spouses with a pension under the Code of Military Disability Pensions and War Victims, whose military or assimilated spouse died as a result of injury or illness attributable to a war service or while in possession of a right to military disability pension at least 85%;
« 6° War orphans under the age of twenty-one years and unremarried surviving spouses or single parents, including the mother, father or child, military or assimilated, died as a result of injury or illness attributable to a war service or while in possession of a disability pension entitlement at least 85%;
« 7° Re-married surviving spouses with at least one dependent child from marriage to the deceased member or assimilated spouses, where such spouses have obtained or were entitled to obtain, prior to re-marriage, a pension under the conditions set out in 5°;
« 8° The spouses of invalids interned for mental alienation due to a war service, if they benefit from Article L. 124 of the Code of Military Disability Pensions and War Victims; »
88° At the end of 2° of Article L. 5214-5, the words: "for the insertion of persons with disabilities in the public service" are replaced by the words: "development for the professional insertion of persons with disabilities";
89° The first paragraph of Article L. 5221-4 is deleted;
90° Section L. 5221-5 is amended as follows:
(a) The words: "and without being issued a medical certificate" are deleted;
(b) It is added a paragraph to read:
"The work authorization may be withdrawn if the foreigner has not been issued a medical certificate within three months of the issuance of this authorization. » ;
91° Article L. 5411-10 is as follows:
"Art. L. 5411-10.-A decree in the Council of State determines the conditions for the application of this chapter, including:
« 1° The list of changes affecting the situation of job seekers that they are required to report to the National Employment Agency;
« 2° The conditions under which individuals cease to be registered on the job seekers list:
“(a) Who do not renew their application for employment;
“(b) For which the competent employer or agency informs the National Agency for the employment of a resumption of employment or activity, a training entry or any change affecting their situation under the terms and conditions of registration. » ;
92° Article L. 5412-1 is amended as follows:
(a) The 3rd is completed by a d and an e thus written:
"(d) Refuse a proposal for apprenticeship or professionalization contract;
“e) Refuse an insertion action or an assisted contract offer provided for in chapters II and IV of Title III of Book I of this Part; » ;
(b) The 5th and 6th are repealed;
93° The 5th of Article L. 5423-8 is replaced by a 5th and a 6th as follows:
« 5° Stateless persons for a specified period of time;
« 6° Some categories of persons awaiting reintegration for a specified period of time. » ;
94° The last paragraph of Article L. 5423-20 is supplemented by the words: "no longer than family benefits and housing allowance provided for in Articles L. 831-1 et seq. of the Social Security Code";
95° In article L. 5423-18, the words "or" are replaced by the words "as well as that of";
96° The first paragraph of Article L. 5424-2 is supplemented by a sentence as follows:
"They can, by agreement with the organizations responsible for the unemployment insurance plan, entrust them with this management. » ;
97° In article L. 5424-16, the word "sworn" is deleted;
98° In the first paragraph of Article L. 5426-5, after the words: "Private workers" are inserted the words: ", the return to employment premium referred to in Article L. 5133-1 and the lump-sum premium referred to in Article L. 5425-3";
99° After the word: "may", the end of the 3rd of Article L. 5426-9 is thus written: "as a precautionary measure, suspend or reduce the amount of the replacement income; » ;
100° The second paragraph of Article L. 6112-2 is supplemented by the words: "and to promote access to training of women wishing to resume work interrupted on family grounds";
101° Sub-section 3 of the Single Section of Chapter III of Title II of Part VI is repealed;
102° In section L. 6222-21, the reference: "L. 6222-39" is replaced by the reference: "L. 6222-20";
103° Title IV of Book II of Part VI is supplemented by a chapter IV, as follows:
“Chapter IV
« Criminal provisions
"Art. L. 6244-1.-The fraudulent use of the collected funds is punishable by imprisonment for five years and a fine of EUR 37,500 for the person responsible for one of the collectors listed in sections L. 6242-1 and L. 6242-2. » ;
104° Article L. 6313-1 is supplemented by a 13° as follows:
« 13° Efforts to combat illiteracy and the learning of the French language. » ;
105° In the first paragraph of Article L. 6322-14 and in the first paragraph of Article L. 6322-30, the words "in respect of the participation of employers occupying ten employees and more in the development of continuing vocational training" are replaced by the words "in this capacity";
106° Chapter II, chapter II, section 1, of Book III of Part VI is supplemented by sub-section 6 as follows:
"Subsection 6
“Assignment of collected funds
on individual training leave
"Art. L. 6322-41-1.-For employees referred to in Article L. 722-20 of the rural code as well as for employees of tourism, the amounts collected under this section may, by extended branch agreement, be used indifferently for the benefit of employees who hold an indeterminate employment contract or a fixed-term employment contract, within the limit of 15% of the amounts collected under two. » ;
107° At the beginning of the article L. 6323-2, a paragraph is inserted as follows:
"For the calculation of the individual rights to training, the period of absence of the employee for maternity, adoption, parental presence, family support or parental education leave is fully taken into account. » ;
108° The first paragraph of Article L. 6323-16 is as follows:
"The costs of training are borne by the employer, which can be paid by the use of a special payment title issued by specialized companies. » ;
109° In the first paragraph of Article L. 6331-21, the reference: "1°" is replaced by the reference: "3°";
110° In the second sentence of the first paragraph of Article L. 6331-51, the words: "within 15 February" are replaced by the words: "in addition to the statutory deadline for contributions and social contributions for the month of February";
111° In the title of Chapter II of Title III of Part VI, the word "paritaires" is deleted;
112° Article L. 6332-12 is supplemented by the sign of punctuation: ".";
113° Article L. 6354-2 is supplemented by a paragraph as follows:
"This financial penalty cannot be imposed against employees who are contracting with agreements on the balance of competence or the validation of the acquired experience. » ;
114° In the first paragraph of Article L. 7111-3, after the words: "press companies" are inserted the words: ", daily and periodic publications or press agencies";
115° In the first paragraph of Article L. 7112-2, the word "press" is replaced by the words "journals and periodicals";
116° In Article L. 7112-3, the words: "determined under conditions fixed by regulation" are replaced by the words and a sentence so written: "that cannot be less than the sum of one month, per year or fraction of a year of collaboration, of the last supplements. The maximum monthly payments is fixed at fifteen. » ;
117° Article L. 7112-4 is amended as follows:
(a) In the first paragraph, the words: "a term determined by regulation" are replaced by the words: "15 years";
(b) In the last paragraph, after the word "Arbitral", the words "is obligatory and" are inserted;
118° In article L. 7113-1 and in the first paragraph of article L. 7113-2, the word "press" is replaced by the words "journal and periodic";
119° Articles L. 7112-1 bis, L. 7123-4 bis, L. 7123-11 bis and L. 7313-1 bis are repealed;
120° The beginning of the first paragraph of Article L. 7124-1 reads as follows: "A child under the age of sixteen cannot, without prior authorization, ... (the rest without change). » ;
121° In article L. 7124-12, the words: "submitted to the school obligation" are deleted;
122° Article L. 7124-9 is amended as follows:
(a) The second sentence of the first paragraph is deleted;
(b) In the first sentence of the second paragraph, after the word "surplus", the words are inserted: ", which constitutes the toll,"
123° In the first paragraph of Article L. 7221-2, after the word "Set", the word "only" is inserted;
124° The d of the 1st of Article L. 7232-4 is supplemented by the words: "and the cooperative groups mentioned in the 3rd of Article L. 312-7 of the same code";
125° In the second paragraph of Article L. 7233-2 and in the second paragraph of Article L. 7233-7, the words "tax reduction" are replaced by the words "help";
126° Article L. 7233-4 is supplemented by a paragraph as follows:
"The provisions of this Article shall not give rise to the application ofArticle L. 131-7 of the Social Security Code.
127° In Article L. 7321-1, the words: "subject to the provisions of" are replaced by the words: "as far as is provided in";
128° The first two paragraphs of Article L. 7321-3 are thus written:
"The head of business who provides the goods or on whose behalf the orders are collected or are received the goods to be processed, handled or transported is not responsible for the application to the employee managers of branches of the provisions of Book I of Part III relating to the duration of work, rest and leave and those of Part IV relating to occupational health and safety only if the worker has established the conditions of work, health and
"In the opposite case, these managers are assimilated to heads of establishment. They are applicable, to the extent that they apply to the principals of establishment, directors or managers of employees, the provisions relating to:";
129° Section L. 7322-1 is amended as follows:
(a) In the first paragraph, the words: "this code" are replaced by the reference: "chapter I";
(b) After the first paragraph, three subparagraphs are inserted:
"The owner of the branch is responsible for the application for the benefit of non-employed managers of the provisions of Book I of Part III relating to the duration of work, rest and leave, as well as those of Part IV relating to occupational health and safety when the working, health and safety conditions at work in the establishment have been fixed by or subject to its agreement.
"In all cases, non-employed managers benefit from the legal benefits granted to employees for paid leave.
"By derogation from the provisions of sections L. 3141-1 and following relating to leave with pay, the award of leave with pay may, in the event of agreement between the parties, be replaced by the payment of an allowance equal to the twelfth of the remuneration received during the reference period. » ;
130° Section L. 7322-7 is repealed;
131° The second paragraph of Article L. 8113-7 is supplemented by a sentence as follows:
"A copy is also sent to the representative of the State in the department. » ;
132° In the last sentence of Article L. 8253-1, after the word "special", the words are inserted: "is determined under conditions fixed by decree in the Council of State and";
133° In article L. 8253-2, after the word "majoration", the words "in case of delay in payment" are inserted;
134° In articles L. 1253-19 and L. 6331-46, the words "of the Upper Rhine, the Lower Rhine and the Moselle" are replaced by the words "of the Moselle, the Lower Rhine and the Upper Rhine";
135° In articles L. 3134-1, L. 3142-22, L. 3142-41, L. 5134-3, L. 6261-1, L. 6261-2 and L. 6332-11, the words "from the Bas-Rhin, the Upper-Rhin and the Moselle" are replaced by the words "of the Moselle, the Lower-Rhin and the Upper-Rhin".
The fourth part of the Labour Code resulting from Schedule I to Order No. 2007-329 of 12 March 2007 above is amended as follows:
1° In the title I of Chapter I of Book IV, the words "and use" and the word "dangerous" are deleted;
2° Chapters III to V of Book IV title I are repealed. The title of Chapter II of the same title is as follows: "Chemical Risk Prevention Measures";
3° In chapter II of Book IV title I, an article L. 4412-1 is inserted as follows:
"Art.L. 4412-1.-The rules for the prevention of risks to the health and safety of workers exposed to chemical risks are determined by decree in the Council of State under Article L. 4111-6. » ;
4° At the beginning of the title II of Book IV, the words "Prevention of" are inserted;
5° In the titles of chapter VI of title II and chapter VI of title IV of book IV, the word "reinforced" is deleted;
6° Title III of Book IV is amended as follows:
(a) The title of Chapter IV is as follows: "Prevention Measures and Means";
(b) Chapter V is repealed;
(c) Chapters VI to VIII, respectively, become chapters V to VII;
7° In the title of chapter IV of Book IV title V, the words: "exposed workers" are deleted;
8° In the titles of chapter V of title II, chapter VII of title III and chapter VII of title IV of book IV, the word "employees" is replaced by the word "workers";
9° Book IV is supplemented by a title VI thus divided: "Letter VI. ― Risk prevention in hyperbaric environment", Chapter I. General Provisions, Chapter II. • Risk assessment, Chapter III. – Measures and means of prevention, “Chapter IV. ― Medical surveillance”;
10° The title IV of Book V is thus divided: « Title IV. Other activities and operations, "Chapter I. ― Handling of Expenses", Chapter II. ― Using visualization screens”;
11° In the first paragraph of Article L. 4721-8, the reference "L. 4411-2" is replaced by the reference "L. 4111-6".
In 2008, in addition to the requirement for second paragraph of Article L. 514-3 of the Labour Code, employers are required to grant to employees of their business, members of a prud'hommes board, upon their request and for the training requirements provided for in the first paragraph of the aforementioned article, authorizations of absence, within six days.
In the first table in Appendix II of Order No. 2007-329 of March 12, 2007, referred to above, the line: "L. 443-3-1 / first to seventh preambular paragraphs" is deleted.
After section 14 of Order No. 2007-329 of 12 March 2007 above, an article 14-1 is inserted as follows:
"Art. 14-1. - This Order is applicable to Mayotte, the French Southern and Antarctic Lands and the Wallis and Futuna Islands as it repeals applicable provisions in these communities. »
This law will be enforced as a law of the State.
Done in Paris, January 21, 2008.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of the Interior,
the overseas and territorial authorities,
Michèle Alliot-Marie
Minister of Economy,
finance and employment,
Christine Lagarde
Minister of Labour, Social Relations
and solidarity,
Xavier Bertrand
(1) Law No. 2008-67.
Preparatory work:
Senate:
Draft Law No. 293 (2006-2007);
Report of Ms. Catherine Procaccia, on behalf of the Social Affairs Committee, No. 459 (2006-2007);
Discussion and adoption on September 26, 2007 (TA No. 147, 2006-2007).
National Assembly:
Bill, passed by the Senate, No. 190;
Report of Ms. Jacqueline Irles, on behalf of the Cultural Affairs Committee, No. 436;
Discussion on 4, 5 and 11 December 2007 and adoption on 11 December 2007 (TA No. 64).
Senate:
Draft Law No. 129 (2007-2008)
Report of Ms. Catherine Procaccia, on behalf of the Social Affairs Committee, No. 130 (2007-2008);
Discussion and adoption on 19 December 2007 (TA No. 42, 2007-2008).
― Constitutional Council:
Decision No. 2007-561 DC of 17 January 2008 published in the Official Journal of this day.
