JORF n ° 0052 of March 1, 2008 page 3718 text no. 116 order of February 21, 2008, with extension of an amendment to an agreement entered into under the convention collective nationale education private remote (No. 2101) NOR: MTST0804732A ELI: not available the Minister of labour, social relations and solidarity, saw the labour code particular articles L. 133 - 1 et seq.;
Having regard to the order of July 5, 2000 and successive orders, including the order of November 29, 2007, on the extension of the national collective agreement of private education in distance of 21 June 1999 and texts the amending or supplementing it;
Having regard to endorsement No. 1 of 2 July 2007 to the agreement of 4 December 2006 concerning the access of employees to vocational training, concluded in the framework of the abovementioned collective agreement;
Having regard to the request for extension submitted by the signatory organizations;
Having regard to the opinion published in the Official Journal of November 10, 2007;
Having regard to the opinions collected during the investigation;
Having the opinion reasoned from the National Commission for collective bargaining (Sub-Committee on conventions and agreements), made in the meeting of February 12, 2008, stop: Article 1 more on this article...
Are made mandatory, for all employers and all employees included in the scope of the national collective agreement of private education at distance of 21 June 1999, the provisions of Amendment No. 1 on July 2, 2007 to the agreement of 4 December 2006, access of employees to vocational training, concluded in the framework of the abovementioned collective agreement , excluding the words "2 and" the last subparagraph of article 1-1 as being contrary to the provisions of article L. 932 - 1 - II of the labour code, under which are related to the evolution of jobs and the maintenance in employment training actions implemented during working time.
The first subparagraph of article 1 paragraph 1 shall be extended subject to the application of the provisions of the 1 ° of article L. 930 - 1 of the labour code, under which training activities organized within the framework of the training plan are at the initiative of the employer.
The second sentence of the second subparagraph of article 2 (3) shall be extended subject to the application of the provisions of the last paragraph of article L. 933 - 1 of the labour code, under which periods of absence of the employee for leave of family support are fully taken into account for the calculation of the rights in respect of the individual right to training (DIF).
The first paragraph of article 2-5 extended subject to the application of the provisions of article L. 931-20-2 of the labour code pursuant to which employees under term contract can benefit from the DIF at the end of a period of 4 months.
Article 2 the extension of effects and sanctions of the above-mentioned endorsement is made from the date of the publication of this order for the remainder and the conditions laid down in that endorsement.
Article 3 the Director general of labour is responsible for the execution of this order, which will be published in the Official Journal of the French Republic.
Done at Paris, February 21, 2008.
For the Minister and by delegation: Deputy Director of individual and collective labour relations E. Frichet-Thirion note. ― The text of the above-mentioned amendment has been published in the official Bulletin of the Ministry, specification conventions collective No. 2007/39, available at the Direction of the official journals, 26, rue Desaix, 75727 Paris Cedex 15, at the price of 7.80 EUR.