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Act No. 2008-789 20 August 2008 Renovation Of Social Democracy And Reform Of The Working Time

Original Language Title: LOI n° 2008-789 du 20 août 2008 portant rénovation de la démocratie sociale et réforme du temps de travail

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Keywords

WORK , CODE OF THE WORK , SOCIAL DEMOCRATIA , TEMPS OF WORK , REFORM OF THE WORK TEMPS , SYNDICAL REPRESENTATIVITY , ELECTION PROFESSIONAL , SYNDICAL DELEGUE , DESIGNATION , SYNDICAL SECTION , VALRESENTANT , COLLECTIVE NEGOCIATION

Legislative records




JORF n°0194 of 21 August 2008 page 13064
text No. 1



LOI no. 2008-789 of 20 August 2008 on the renovation of social democracy and the reform of working time (1)

NOR: MTSX0813468L ELI: https://www.legifrance.gouv.fr/eli/loi/2008/8/20/MTSX0813468L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2008/8/20/2008-789/jo/texte



The National Assembly and the Senate adopted,
Vu la Constitutional Council decision No. 2008-568 DC of 7 August 2008;
The President of the Republic enacts the following legislation:

  • TITRE IER : LA DEMOCRATIE SOCIAL
    • CHAPTER IER : LA REPRESENTATIVITE SYNDICALE Article 1 Learn more about this article...


      Article L. 2121-1 of the Labour Code is as follows:
      "Art.L. 2121-1.-The representativeness of trade union organizations is determined by the following cumulative criteria:
      « 1° Respect for Republican values;
      « 2° Independence;
      « 3° Financial transparency;
      « 4° A minimum age of two years in the professional and geographical field covering the level of negotiation. This ageing is appreciated from the date of legal filing of the statutes;
      « 5° The hearing established at the negotiating levels in accordance with sections L. 2122-1, L. 2122-5, L. 2122-6 and L. 2122-9;
      « 6° Influence, primarily characterized by activity and experience;
      « 7° Membership and contributions. »

      Article 2 Learn more about this article...


      I. ― Chapter II of Book I II of Part II of the Labour Code reads as follows:


      “Chapter II



      “Representative trade unions



      “Section 1



      « Trade union representativeness
      at the corporate and institutional level


      "Art.L. 2122-1.-In the business or establishment, trade union organizations that meet the requirements of Article L. 2121-1 and have won at least 10% of the votes cast in the first round of the last elections of the holders to the corporate committee or the sole delegation of the staff or, if not, staff delegates, regardless of the number of voters.
      "Art.L. 2122-2.-In the company or institution, are representative of the staff members of the electoral colleges in which their statutory rules give them the purpose of nominating candidates from the class union organizations affiliated with a national interprofessional union confederation that meet the criteria of Article L. 2121-1 and that have collected at least 10% of the votes cast in the first ballot
      "Art.L. 2122-3.-When a common list has been drawn up by trade union organizations, the distribution of votes cast is made on the basis indicated by the trade union organizations concerned at the filing of their list.In the absence of an indication, the distribution of votes is made equally between the organizations concerned.


      “Section 2



      “Trade Representation at Group Level


      "Art.L. 2122-4.-The representativeness of trade union organizations at the level of all or part of the group is appreciated in accordance with the rules set out in articles L. 2122-1 to L. 2122-3 relating to trade union representativeness at the level of the company, by adding all the votes obtained in the companies or institutions concerned.


      “Section 3



      « Trade union representativeness
      at the professional branch level


      "Art.L. 2122-5. -In the professional branches, are representative trade union organisations which:
      « 1° meet the requirements of Article L. 2121-1;
      « 2° Have a balanced territorial location within the branch;
      « 3° At least 8% of the votes cast in the first round of the last elections of the holders to the business committees or the sole delegation of the staff or, if not, staff delegates, regardless of the number of votes, added to the branch level. Measuring the hearing is done every four years.
      "Art.L. 2122-6. -In the branches in which more than half of the employees are employed in enterprises where, because of their size, are not organized professional elections to measure the audience of the trade union organizations, and until the intervention of a law following the results of a national interprofessional bargaining, ending no later than 30 June 2009, on how to strengthen the effectiveness of the collective representation of the employees in
      "It is also considered representative during this period that trade union organizations that meet the criteria set out in section L. 2121-1 other than that of the hearing.
      "Art.L. 2122-7.-Representative members at the branch level with respect to members of the electoral colleges in which their statutory rules give them the purpose of presenting candidates the class trade union organizations that are affiliated with a national interprofessional trade union confederation and that meet the requirements of Article L. 2122-5 in these colleges or the conditions of Article L. 2122-6
      "Art.L. 2122-8.-When the representativeness of trade union organizations is established, they establish, in connection with employers' organizations, the list of topics that are the subject of collective bargaining as well as the terms and conditions of their organization.


      “Section 4



      « Trade union representativeness
      at the national and inter-professional level


      "Art.L. 2122-9.-Representatives at the national and interprofessional level of trade union organizations that:
      « 1° meet the requirements of Article L. 2121-1;
      « 2° Are representative both in branches of industry, construction, trade and services;
      « 3° At least 8% of the votes cast in the first round of the last elections of the holders to the business committees or the sole delegation of the staff or, if not, staff delegates, regardless of the number of votes, added to the branch level. The results of the measurement of the hearing under section L. 2122-6 should also be taken into account, if available. Measuring the hearing is done every four years.
      "Art.L. 2122-10.-A national inter-professional trade union confederation is representative of the staff of the electoral colleges in which its statutory rules give it the vocation to nominate candidates on condition:
      « 1° To meet the criteria of Article L. 2121-1 and Article L. 2122-9;
      « 2° Having collected at least 8% of the votes cast in these colleges, following the addition of the results mentioned in the 3rd of Article L. 2122-9.


      “Section 5



      " Implementing provisions


      "Art.L. 2122-11. -After the advice of the High Council for Social Dialogue, the Minister for Labour has drawn up the list of trade union organizations recognized as representative by professional branch and trade union organizations recognized as representative at the national and interprofessional level pursuant to articles L. 2122-5 to L. 2122-10.
      "The High Council for Social Dialogue includes representatives of representative organizations of employers at the national level and trade union organizations of national and inter-professional employees, representatives of the Minister for Labour and qualified personalities.
      "A decree in the Council of State determines its modalities of organisation and operation.
      "Art.L. 2122-12.-A decree determines the modalities for the collection and consolidation of results in professional elections for the application of this chapter. »
      II. Chapter I of Book I of Part VII of the Code is supplemented by the following provisions:


      “Section 4



      “Professional representation


      "Art.L. 7111-7.-In the companies referred to in Articles L. 7111-3 and L. 7111-5, when a specific electoral college is created for professional and assimilated journalists, is representative to the staff members of this college the trade union organization that meets the criteria of Article L. 2121-1 and that has collected at least 10% of the votes cast in the first round of the last elections of the holders to the board of business
      "Art.L. 7111-8.-In the branches that cover the activities of the press companies, daily or periodic publications and news agencies, as well as the activities of the communication companies to the public electronically or through audiovisual communication, are representative of the personnel mentioned in article L. 7111-1 of the trade union organizations that meet the requirements of article L. 2122-5 in the election colleges of journalists, or of the conditions. »

    • CHAPTER II: PROFESSIONAL ELECTIONS Article 3 Learn more about this article...


      I. ― The first paragraph of Article L. 2314-3 of the Labour Code is replaced by two paragraphs:
      "We are informed, by posting, of the organization of elections and invited to negotiate the pre-election agreement protocol and to establish the lists of their candidates for the functions of staff delegates the trade union organizations that meet the criteria of respect for republican values and independence, legally constituted for at least two years and whose professional and geographic scope covers the company or institution concerned.
      "Representative trade union organizations in the company or institution, those that have formed a trade union section in the company or institution, as well as trade unions affiliated to a representative trade union organization at the national and interprofessional level are also invited by mail. »
      II. ― The first paragraph of section L. 2324-4 of the same code is replaced by two paragraphs as follows:
      "We are informed, by posting, of the organization of the elections and invited to negotiate the pre-election agreement protocol and to establish the lists of their candidates for the functions of staff representatives to the business committee of the trade union organizations that meet the criteria of respect for the republican values and independence, legally constituted for at least two years and whose professional and geographical scope covers the company or institution concerned.
      "Representative trade union organizations in the company or institution, those that have formed a trade union section in the company or institution, as well as trade unions affiliated to a representative trade union organization at the national and interprofessional level are also invited by mail. »
      III. — The second paragraph of Article L. 2314-24 of the same code is as follows:
      "In the first ballot, each list is drawn up by the trade union organizations referred to in the first and second paragraphs of Article L. 2314-3. If the number of voters is less than half of the registered voters, a second ballot shall be held within fifteen days for which electors may vote for lists other than those submitted by a trade union organization. »
      IV. ― In the first sentence of the last paragraph of Article L. 2314-24 of the same code, the word "seriously" is deleted.
      V. ― The second paragraph of article L. 2324-22 of the same code is as follows:
      "In the first ballot, each list is drawn up by the trade union organizations mentioned in the first and second paragraphs of Article L. 2324-4. If the number of voters is less than half of the registered voters, a second ballot shall be held within fifteen days for which electors may vote for lists other than those submitted by a trade union organization. »
      VI. ― In the first sentence of the last paragraph of Article L. 2324-22 of the same code, the word "seriously" is deleted.
      VII. ― In the first sentence of 2° of Article L. 1111-2 of the same code, the words "including" are replaced by the words: "who are present in the premises of the user company and have worked there for at least one year, as well as".
      VIII. ― After article L. 2314-18 of the same code, an article L. 2314-18-1 is inserted as follows:
      "Art.L. 2314-18-1.-For employees made available who meet the conditions mentioned in 2° of Article L. 1111-2, the condition of presence in the user company is twelve continuous months to be an elector and twenty-four continuous months to be eligible.
      "The employees made available who meet the conditions mentioned in the first paragraph choose whether they exercise their right to vote and to apply in the company that employs them or the company that uses them. »
      IX. ― After article L. 2324-17 of the same code, an article L. 2324-17-1 is inserted as follows:
      "Art.L. 2324-17-1.-For employees made available who meet the conditions referred to in 2° of Article L. 1111-2, the condition of presence in the user company is twelve continuous months to be an elector. Employees made available are not eligible in the user company.
      "The employees made available who meet the conditions mentioned in the first paragraph choose whether they exercise their right to vote in the company that employs them or the company that uses them. »

      Article 4 Learn more about this article...


      I. ― After article L. 2314-3 of the Labour Code, an article L. 2314-3-1 is inserted as follows:
      "Art.L. 2314-3-1.-The validity of the pre-election agreement protocol between the employer and the trade union organizations concerned is subject to its signature by the majority of the trade union organizations that participated in its negotiations, including the representative trade union organizations that won the majority of the votes cast during the last professional elections or, where these results are not available, the majority of the representative organizations in the company. »
      II. ― After article L. 2324-4 of the same code, an article L. 2324-4-1 is inserted as follows:
      "Art.L. 2324-4-1.-The validity of the pre-election agreement protocol between the employer and the trade union organizations concerned is subject to its signature by the majority of the trade union organizations that participated in its negotiations, including the representative trade union organizations that won the majority of the votes cast during the last professional elections or, where these results are not available, the majority of the representative organizations in the company. »
      III. - The second paragraph of Article L. 2312-5 of the same code is supplemented by the words: ", concluded under the conditions of Article L. 2314-3-1".
      IV. ― In article L. 2314-8 of the same code, the word "representative" is deleted.
      V. ― After the word "unions", the end of the first paragraph of Article L. 2314-11 of the same code is thus written: ", concluded under the conditions of Article L. 2314-3-1. »
      VI. ― Section L. 2314-31 of the same code is amended as follows:
      1° In the first paragraph, after the word "interested", the words "concluded according to the conditions of Article L. 2314-3-1" are inserted;
      2° In the second paragraph, the words: "representative in the company" are replaced by the words: "interested, concluded under the conditions of Article L. 2314-3-1".
      VII. ― Section L. 2322-5 of the same code is amended as follows:
      1° In the first paragraph, after the word: "interested", the words "concluded according to the conditions of Article L. 2324-4-1" are inserted;
      2° In the second paragraph, the words: "representative in the company" are replaced by the words: "interested, concluded under the conditions of section L. 2324-4-1,".
      VIII. ― After the word: "unions", the end of the last paragraph of Article L. 2324-1 of the same code is as follows: "interested, concluded under the conditions of Article L. 2324-4-1. »
      IX. ― In the first paragraph of Article L. 2324-11 of the same code, the word "representatives" is deleted.
      X. ― The first paragraph of Article L. 2324-13 of the same code is supplemented by the words: ", concluded under the conditions of Article L. 2324-4-1".
      XI. ― In the first sentence of the first paragraph of Article L. 2324-21 of the same code, the word "representatives" is replaced by the word "interested".
      XII. ― After the word: "unions", the end of the first paragraph of Article L. 2327-7 of the same code is as follows: "interested, concluded under the conditions of Article L. 2324-4-1. »

    • CHAPTER III: THE DESIGNATION OF SYNDICAL DELEGUE Article 5 Learn more about this article...


      I. ― The first paragraph of Article L. 2143-3 of the Labour Code is replaced by two paragraphs:
      "Each representative trade union organization in the company or the establishment of fifty or more employees, which constitutes a trade union section, shall be among the candidates for the professional elections who have collected at least 10% of the votes cast in the first round of the last elections to the business committee or the single delegation of the staff or delegates of the staff, regardless of the number of voters, within the limits set out in Article L. 2143-12, one or more union representatives
      "If a representative trade union organization does not remain in the company or institution, no candidate in the professional elections who meets the conditions mentioned in the first paragraph may designate a representative trade union delegate from among the other candidates or, if not, from among its members within the company or institution. »
      II. ― In the first paragraph of articles L. 2143-4 and L. 2143-5 of the same code, after the words "representative union" are inserted the words "in the company".
      III. The second paragraph of Article L. 2143-4 of the same code is as follows:
      "This additional delegate is designated among the candidates for the professional elections who collected at least 10% of the votes cast in the first round of the last elections to the corporate committee or staff delegates, regardless of the number of votes cast. »
      IV. ― After the first paragraph of Article L. 2143-5 of the same code, it is inserted a paragraph as follows:
      "This central union delegate is designated by a union that has won at least 10% of the votes cast in the first round of the last elections of the holders to the corporate committee or the sole delegation of the staff or, if not, staff delegates, regardless of the number of votes, by adding the votes of all the establishments included in these companies. »
      V. ― In the first paragraph of Article L. 2143-6 of the same code, after the words "representative trade unions" are inserted the words "in the establishment".
      VI. ― Before the first paragraph of Article L. 2143-11 of the same code, it is inserted a paragraph as follows:
      "The terms of reference for a trade union delegate end when all the conditions laid down in the first paragraph of Article L. 2143-3 and Article L. 2143-6 cease to be met. »
      VII. ― In the first sentence of Article L. 2324-2 of the same code, the words: "Each union organization of representative workers in the company may designate a representative to the committee" are replaced by the words: "Each trade union organization having elected to the business committee may appoint a representative there."

    • CHAPTER IV: THE REPRESENTATIVE OF SYNDICAL SECTION Article 6 Learn more about this article...


      I. ― Chapter II of Title IV of Book I of Part II of the Labour Code is thus amended:
      1° Article L. 2142-1 is as follows:
      "Art.L. 2142-1.-As soon as they have several members in the company or in the establishment, each union that is representative of it, each union affiliated with a representative trade union organization at the national and interprofessional level or each trade union organization that meets the criteria of respect for the republican and material values and is legally constituted for at least two years and whose professional and geographical scope covers the company concerned can constitute at the » ;
      2° Sections 2, 3, 4 and 5 respectively become sections 3, 4, 5 and 6;
      3° After section 1, section 2 is reinstated as follows:


      “Section 2



      “Representation of the Trade Union Section


      "Art.L. 2142-1-1.-Each union that constitutes, in accordance with Article L. 2142-1, a trade union section within the company or establishment of fifty or more employees may, if it is not representative in the company or institution, designate a representative of the section to represent it within the company or institution.
      “The representative of the Trade Union Section shall serve as part of the provisions of this chapter. It enjoys the same prerogatives as the union delegate, with the exception of the power to negotiate collective agreements.
      "The term of office of the trade union representative ends, after the first professional elections following its designation, as long as the union that designated it is not recognized as representative in the company. The employee who loses his or her mandate as a union representative may not be reappointed as a union representative for a section up to six months before the date of the following professional elections in the company.
      "Art.L. 2142-1-2.-The provisions of Articles L. 2143-1 and L. 2143-2 relating to the conditions of designation of the trade union delegate, those of Articles L. 2143-7 to L. 2143-10 and the second and third paragraphs of Article L. 2143-11 relating to the advertising, contestation, exercise and suppression of its mandate and those of Book IV of this Part relating to the protection of the trade union delegates
      "Art.L. 2142-1-3.-Each representative of the Trade Union Section shall have a necessary time for the performance of his duties. This time is at least four hours a month. The hours of delegation are of full right considered to be working time and paid at normal maturity.
      "The employer who intends to challenge the use of the hours of delegation takes the judicial judge.
      "Art.L. 2142-1-4. -In companies that employ less than fifty employees, non-representative unions in the company that constitute a union section may designate, for the duration of its term, a staff delegate as a representative of the trade union section. By treaty provision, this representative's term may be entitled to an hour credit. The time available to the staff delegate for the exercise of his or her mandate may be used under the same conditions for the performance of his or her duties as representative of the union section. » ;
      4° The second paragraph of Article L. 2142-8 is as follows:
      "In companies or establishments of a thousand or more employees, the employer shall also make available to each union section constituted by a representative trade union organization in the company or establishment a suitable, equipped and equipped premises necessary for its operation. »
      II. ― Chapter III of Book I title IV of the second part of the same code is supplemented by section 5 as follows:


      “Section 5



      “Derogatory designation conditions


      "Art.L. 2143-23.-By derogation from Article L. 2142-1-1 and when due to a deficiency in the first round of professional elections, a trade union delegate could not be appointed within the company or institution or where there is no union representative delegate in the company or institution, the representative of the trade union section referred to in Articles L. 2142-1-1-4 and L. 2142-1
      "If, at the end of the professional elections following the mandate of the representative of the trade union section, the trade union organization to which he is a member is not recognized representative and appoints another representative of the trade union section, it cannot be mandated until the six months preceding the dates of the professional elections in the company. »
      III. – II is not applicable in companies that enter the scope of sections L. 2232-21 to L. 2232-29 of the Labour Code and section 14 of this Act, nor in companies that enter the scope of the industry agreements or professional agreements concluded under sections L. 2232-21 to L. 2232-29 of the Labour Code in their drafting prior to the publication of this Act.

      Article 7 Learn more about this article...


      I. ― Article L. 2141-5 of the Labour Code is supplemented by a paragraph as follows:
      "An agreement determines the measures to be taken to reconcile working life with the trade union career and to take into account the experience gained, within the framework of the mandate exercise, by the representatives of the staff appointed or elected in their professional development. »
      II. ― After article L. 2242-19 of the same code, an article L. 2242-20 is inserted as follows:
      "Art.L. 2242-20. -In the companies of three hundred and more employees, as well as in the companies mentioned in articles L. 2331-1 and L. 2341-3 employing three hundred and more employees, the negotiation provided for in Article L. 2242-15 also covers the career development of employees exercising trade union responsibilities and the exercise of their functions. »
      III. ― The last paragraph of section L. 6111-1 of the same code is supplemented by the words "or related to the exercise of trade union responsibilities".

    • CHAPTER V: VALIDITY OF AGREEMENTS AND REGULATIONS OF COLLECTIVE NEGOCIATION Article 8 Learn more about this article...


      I. ― The second paragraph of Article L. 2231-1 of the Labour Code is as follows:
      " — on the one hand, one or more representative employee union organizations in the scope of the agreement or agreement; "
      II. ― Article L. 2232-2 of the same code is as follows:
      "Art.L. 2232-2.-The validity of an inter-professional agreement is subject to its signature by one or more trade union organizations of representative employees who have collected, in elections taken into account for the measure of the hearing provided for in Article L. 2122-9, at least 30% of the votes cast in favour of recognized organizations representing at that level, regardless of the number of votes cast,
      "The results of the measurement of the hearing under section L. 2122-6 are also taken into account when available.
      "The opposition shall be expressed within fifteen days from the date of notification of the agreement, under the conditions laid down in Article L. 2231-8. »
      III. ― After article L. 2232-2 of the same code, an article L. 2232-2-1 is inserted as follows:
      "Art.L. 2232-2-1.-The recognized representativeness of a class union organization affiliated with a class union confederation in respect of the employees that it has registered to represent gives it the right to negotiate any provision applicable to that class of employees.
      "When the inter-professional agreement concerns only a specified professional category under an electoral college, its validity is subordinated to its signature by one or more union organizations of representative employees who have collected, in the elections taken into account for the measure of the hearing provided for in the 3rd of Article L. 2122-9, at least 30% of the votes cast in this college in favour of organizations recognized to this level, »
      IV. ― Article L. 2232-6 of the same code is as follows:
      "Art.L. 2232-6.-The validity of a branch agreement or a professional agreement is subject to its signature by one or more trade union organizations of representative employees who have collected, in elections taken into account for the measure of the hearing provided for in Article L. 2122-5 or, where applicable, in the context of the measure of the hearing provided for in Article L. 2122-6, at least 30%
      "The opposition shall be expressed within fifteen days from the date of notification of that agreement or convention, under the conditions laid down in Article L. 2231-8. »
      V. ― Article L. 2232-7 of the same code is as follows:
      "Art.L. 2232-7.-The recognized representativeness of a class union organization affiliated with a class union confederation in respect of employees that it has a statutory vocation to represent gives it the right to negotiate any provision applicable to that class of employees.
      "When the branch agreement or professional agreement concerns only a specified professional category under an electoral college, its validity shall be subject to its signature by one or more representative employee organizations having collected, in elections taken into account for the measure of the hearing provided for in the 3rd of Article L. 2122-5 or, where applicable, within the framework of the measure of the hearing provided for in Article L. 2122-6, »
      VI. ― Article L. 2232-12 of the same code is as follows:
      "Art.L. 2232-12. -The validity of a business or settlement agreement is subject to its signature by one or more union organizations of representative employees who have collected at least 30% of the votes cast in the first round of the last elections of the holders to the business committee or the single delegation of the staff or, in the absence of the delegates of the staff, regardless of the number of voters, and to the absence of opposition of one or more union organizations of employees
      "The opposition shall be expressed within eight days from the date of notification of the agreement, under the conditions laid down in Article L. 2231-8. »
      VII. ― Articles L. 2232-13 to L. 2232-15 of the same code are replaced by articles L. 2232-13 and L. 2232-14 as follows:
      "Art.L. 2232-13. -Representativity recognized to a class union organization affiliated with a class union confederation in respect of employees that it has statutoryly a vocation to represent gives it the right to negotiate any provision applicable to that class of employees.
      "When the agreement or agreement concerns only a specified professional category under an electoral college, its validity is subject to its signature by one or more union organizations of representative employees who have collected at least 30% of the votes cast in that college in the first round of the last elections of the holders to the corporate committee or the single delegation of the staff or, if not, delegates of the staff, regardless of the number of votes cast, and to the absence of
      "Art.L. 2232-14.-In the event of a deficiency in the first round of professional elections, where the provisions provided for in the first paragraph of Article L. 2143-23 are applied, the validity of the business or settlement agreement negotiated and concluded with the representative of the trade union section is subject to its approval by employees of the majority of the votes cast under conditions determined by decree and in accordance with the general principles of electoral law. If the agreement is not approved, it is deemed unwritten. »
      VIII. ― Article L. 2232-34 of the same code is read as follows:
      "Art.L. 2232-34. -The validity of an agreement reached within any or part of a group shall be subject to its signature by one or more trade union organizations of representative employees who have collected in the enterprises within the scope of this agreement at least 30% of the votes cast in the first ballot of the last elections of the holders of the business committees or of the single delegation of the staff or, if not, of the delegates of the staff, regardless of the number of votes cast, and to the absence of the
      "The opposition shall be expressed within eight days from the date of notification of the agreement, under the conditions laid down in Article L. 2231-8. »
      IX. ― Article L. 2261-10 of the same code is supplemented by a paragraph as follows:
      "When one of the union organizations of employees signatories to the convention or agreement loses the quality of representative organization in the scope of this agreement or agreement, the denunciation of this text shall be effected only if it arises from one or more union organizations of representative employees in its field of application having collected the majority of the votes expressed under the conditions set out in Chapter II of Title III. »
      X. ― After Article L. 2261-14 of the same code, an article L. 2261-14-1 is inserted as follows:
      "Art.L. 2261-14-1.-The loss of the quality of representative organization of all trade union organizations that are signatories to a convention or collective agreement does not result in the questioning of this agreement or agreement. »
      XI. ― In the last paragraph of Article L. 2327-16 of the same code, the words: "not having been objected to under the conditions set out in 2° of" are replaced by the words: "finished under the conditions set out in".
      XII. ― Section 4 of Chapter I of Book I of Part 7 of the Labour Code, as it results from Part II of Article 2 of this Act, is supplemented by two articles L. 7111-9 and L. 7111-10 as follows:
      "Art.L. 7111-9. -In the companies in which a specific electoral college is created for professional and assimilated journalists, when the agreement or agreement concerns only journalists or assimilated, its validity is subordinated to its signature by one or more representative employee organisations having collected at least 30% of the votes cast in this specific college in the first round of the last elections of the holders to the works council or the single delegation of the staff, regardless of the number of the opposition
      "Art.L. 7111-10.-When the branch agreement or agreement concerns only professional and assimilated journalists, its validity is subject to its signature by one or more representative employee organisations having collected, in elections taken into account for the measure of the hearing provided for in the 3rd of the article L. 2122-5 or, where applicable, within the framework of the measure of the hearing provided for in the »

      Article 9 Learn more about this article...


      I. ― Sub-section 3 of chapter II, chapter II, section 3, of Book II, part II, of the Labour Code is as follows:


      "Subsection 3



      “Terms of negotiation in companies
      without trade union delegate



      “Paragraph 1



      “ Conclusion by elected representatives
      to the business committee or staff delegates


      "Art.L. 2232-21. -In enterprises of less than two hundred employees, in the absence of union delegates in the company or institution, or delegate of staff designated as union delegate in enterprises of less than fifty employees, elected representatives of staff to the corporate committee or to the single delegation of staff, or, in the absence of a staff delegate, may negotiate and conclude collective agreements-21 on measures whose implementation is subordinated by law to a collective agreement
      "Representative trade union organizations in the business sector are informed by the employer of its decision to enter into negotiations.
      "The Joint Board of Branch decides on the validity of the agreement within four months of its transmission; Otherwise, the agreement is deemed to have been validated.
      "Art.L. 2232-22.-The validity of the business or settlement agreements negotiated and concluded pursuant to Article L. 2232-21 is subject to their conclusion by incumbent members elected to the business committee or, failing that, delegates of the incumbent staff representing the majority of the votes cast during the last professional elections and to the approval by the joint board of branch. The Joint Branch Commission controls that the collective agreement does not breach the applicable legislative, regulatory or treaty provisions.
      "If one of the two conditions is not met, the agreement is deemed unwritten.
      "In the absence of different stipulations of a branch agreement, the divisional board shall include a holder representative and an alternate representative of each union organization of representative employees in the branch and an equal number of representatives of professional employers' organizations.
      "Art.L. 2232-23.-The time spent in negotiations under Article L. 2232-21 is not attributable to the hours of delegation provided for in Articles L. 2315-1 and L. 2325-6. Each incumbent elected to participate in a negotiation pursuant to section L. 2232-21 shall have the time necessary for the performance of his or her duties within a period of time that, except exceptional circumstances, may not exceed ten hours per month. The hours of delegation are of full right considered to be working time and paid at normal maturity. The employer who intends to challenge the use of the hours of delegation shall refer the judicial judge.


      “Paragraph 2



      « Conclusion by one or more employees mandated


      "Art.L. 2232-24. -In companies without a trade union delegate and where a report of deficiency has established the absence of elected staff representatives, business or settlement agreements may be negotiated and concluded by one or more employees expressly mandated by one or more representative trade union organizations in the branch. These collective agreements deal with measures whose implementation is subordinated by law to a collective agreement, with the exception of the collective agreements referred to in Article L. 1233-21.For this purpose, the same trade union organization can only mandate one employee.
      "Representative trade union organizations in the branch of which the company reports are informed by the employer of its decision to enter into negotiations.
      "Art.L. 2232-25.-Each mandated employee shall have the time necessary for the performance of his or her duties within a period of time that, except exceptional circumstances, may not exceed ten hours per month. The hours of delegation are of full right considered to be working time and paid at normal maturity. The employer who intends to challenge the use of the hours of delegation shall refer the judicial judge.
      "Art.L. 2232-26.-No employees who, because of the powers they hold, may be considered to the employer, as well as employees related to the employer referred to in the first paragraph of Article L. 2324-15.
      "Art.L. 2232-27.-The agreement signed by a mandated employee must have been approved by employees by majority of the votes cast, under conditions determined by decree and in accordance with the general principles of electoral law.
      "Without approval, the agreement is deemed unwritten.


      “Paragraph 3



      "Terms of negotiation, validity, review and denunciation of agreements reached in companies without trade union delegate
      "Art.L. 2232-27-1.-The negotiation between the employer and the elected or the employees of the mandated company shall take place in accordance with the following rules:
      « 1° Independence of negotiators to the employer;
      "2° Joint development of the draft agreement by negotiators;
      « 3° Concertation with employees;
      « 4° Faculty to take the attachment of union organizations representative of the branch.
      "In addition, the information to be submitted to the incumbent elected officials or to the employees who are pre-negotiated is determined by agreement between them and the employer.
      "Art.L. 2232-28.-The business or settlement agreements entered into under the terms and conditions defined in paragraphs 1 and 2 may only be implemented after they are deposited with the administrative authority under conditions prescribed by regulation, accompanied further, with respect to the agreements entered into under the terms and conditions defined in paragraph 1, of the extract of a report of the validation of the competent national parity commission.
      "Art.L. 2232-29.-The business or settlement agreements concluded in accordance with the terms defined in paragraphs 1 and 2 may be renewed, revised or denounced in accordance with the terms referred to in these paragraphs respectively by the signatory employer, the elected representatives of the staff or an employee mandated to do so. »
      II. ― At the end of 2° of Article L. 1142-5 of the same code, the references: "L. 2232-23 and L. 2232-25" are replaced by the references: "L. 2232-21 and L. 2232-24".
      III. ― In the 10th of Article L. 2411-1, the first paragraph of Article L. 2411-4, 10th of Article L. 2412-1, Article L. 2412-10, 10th of Article L. 2413-1 and the first sentence of 11th of Article L. 2414-1 of the same Code, the reference: "L. 2232-25" is replaced by the reference: "L. 2232-24".

    • CHAPTER VI: RESOURCES AND MEANS Article 10 Learn more about this article...


      I. ― Title III of Book I of Part II of the Labour Code is thus amended:
      1° Its title is as follows: “Legal Status, Resources and Means”;
      2° Chapter V becomes chapter VI, and articles L. 2135-1 and L. 2135-2 become articles L. 2136-1 and L. 2136-2 respectively;
      3° A chapter V is re-established as follows:


      “Chapter V



      “Resources and means



      “Section 1



      “Certification and advertising of accounts
      trade union and professional organizations


      "Art.L. 2135-1.-The trade unions and their unions referred to in articles L. 2131-2, L. 2133-1 and L. 2133-2 relating to the creation of professional unions and associations of employees or employers governed by the Act of 1 July 1901 relating to the contract of association or, in the departments of Moselle, Bas-Rhin and Haut-Rhin, by local law are required to establish annual accounts under conditions established by decree.
      "Art.L. 2135-2.-Professional unions and their unions and associations of employees or employers referred to in Article L. 2135-1 which control one or more legal persons within the meaning ofArticle L. 233-16 of the Commercial Code, without maintaining a bond of accession or affiliation, shall be held, under conditions determined by decree taken after notice of the National Accounting Council:
      “(a) be consolidated;
      “(b) Provide, as an annex to their own accounts, the accounts of these legal entities, as well as information on the nature of the control link. In this case, the accounts of these legal entities must have been subject to legal control.
      "Art.L. 2135-3.-The professional unions of employees or employers, their unions and associations of employees or employers referred to in Article L. 2135-1 may, when their statutes provide, establish combined accounts incorporating the accounting of legal persons and entities with which they have bonds of membership or affiliation, under conditions determined by decree taken after notice of the National Accounting Council.
      "Art.L. 2135-4.-The accounts are arrested by the governing body and approved by the general assembly of the members or by a collegial control body designated by the statutes.
      "Art.L. 2135-5.-The professional unions of employees or employers, their unions and associations of employees or employers referred to in Article L. 2135-1 required to establish accounts shall ensure the advertising of their accounts under conditions determined by decree taken after notice of the National Accounting Council.
      "The first paragraph is applicable to the union or association that combines the accounts of the organizations referred to in Article L. 2135-3. These organizations are then exempted from advertising obligations.
      "Art.L. 2135-6.-Professional unions or employers, their unions and associations of employees or employers referred to in Article L. 2135-1 whose resources exceed a threshold set by decree are required to appoint at least one auditor and one alternate.


      “Section 2



      “Disposal of employees
      to trade union organizations


      "Art.L. 2135-7.-With its express agreement and under the conditions provided for in Article L. 2135-8, an employee may be made available to a trade union organization or an employer association referred to in Article L. 2231-1.
      "During this provision, the employer's obligations to the employee are maintained.
      "The employee, upon the expiry of his or her availability, finds his or her previous employment or similar employment with at least equivalent remuneration.
      "Art.L. 2135-8.-A collective agreement or an extended branch agreement or a company agreement determines the conditions under which employees may be made available to trade unions or employers' associations. »
      II. ― After article L. 2242-9 of the same code, an article L. 2242-9-1 is inserted as follows:
      "Art.L. 2242-9-1.-Annual negotiations give rise to information by the employer on the provision of employees to trade union organizations or employers' associations referred to in Article L. 2231-1.
      "In companies that are not subject to the annual requirement to negotiate under section L. 2242-1, the employer shall communicate to employees who apply for information on the provision of employees to trade unions or employers' associations referred to in section L. 2231-1. »
      III. ― Article L. 8241-1 of the same code is supplemented by a 3° as follows:
      « 3° Provisions of Articles L. 2135-7 and L. 2135-8 of this Code relating to the provision of employees to trade unions or employers' associations referred to in Article L. 2231-1. »

    • CHAPTER VII: OTHER AND TRANSITIONAL PROVISIONS Article 11 Learn more about this article...


      I. ― The first step in the hearing at the professional level and at the national and inter-professional level, provided for at the articles L. 2122-5 and L. 2122-9 of the Labour Code in the drafting of this Act, no later than five years after the publication of this Act.
      II. ― Until the first determination of trade union organizations of recognized national and inter-professional employees, as provided for in this article, are presumed to represent at this level trade union organizations of alleged national and inter-professional employees on the date of publication of this Act, as well as any union organization of employees whose representativeness is based on the criteria referred to in this Act.Article L. 2121-1 of the Labour Code in its writing before this Act.
      III. ― Until the first determination of trade union organizations of recognized employees representative at the level of the occupational branch, as provided for in I of this article, are presumed to be representative at this level of trade unions affiliated to trade union organizations of representative employees at the national and interprofessional level mentioned in II and trade union organizations of employees already representative at the branch level at the date of publication of this Act.
      For four years from the first determination of trade union organizations of recognized representative employees at the branch level in application of the Articles L. 2122-5 and L. 2122-6 of the Labour Code in their drafting from this Act, any trade union organization affiliated to one of the trade union organizations of recognized national and inter-professional employees is presumed to be representative at the branch level.
      IV. ― Up to the results of the first professional elections in the company or institution, for which the date fixed for the first meeting of the negotiation of the pre-election agreement is after the publication of this Act, is presumed to be representative at this level any union affiliated to any of the trade union organizations of alleged representative employees at the national and interprofessional level on the date of publication of this Act, as well as any union
      It is also presumed to be representative under the same conditions any union formed from the consolidation of several trade unions, at least one of which is affiliated to a union organization of representative employees at the national and interprofessional level on the date of publication of this Act.
      V. ― For its application to the public service,Article L. 2121-1 of the Labour Code remains in force in its drafting prior to the coming into force of this Act until the intervention of legislation taking into account its specificity.

      Article 12 Learn more about this article...


      I. ― Until the determination of representative organizations in the branches and at the inter-professional level, pursuant to this Act, the validity of an inter-professional agreement or a branch convention or professional agreement is subject to compliance with the conditions laid down by the articles L. 2232-2, L. 2232-6 and L. 2232-7 of the Labour Code in their earlier drafting of this Act, the elections referred to in these articles being taken into account regardless of the number of votes cast.
      II. ― The rules for the validity of the business agreementsArticle L. 2232-12 of the Labour Code as of January 1, 2009.
      Until that date, the validity of a business agreement is subject to compliance with the conditions laid down by the Articles L. 2232-12 to L. 2232-15 of the Labour Code in their earlier drafting of this Act, the votes mentioned in these articles being taken into account regardless of the number of votes cast.

      Article 13 Learn more about this article...


      Trade union delegates regularly designated on the date of publication of this Act shall retain their mandate and prerogatives until the results of the first professional elections held in the company or institution whose date fixed for the negotiation of the pre-election protocol is after the publication of this Act. After the elections, these union delegates retain their mandates and prerogatives as long as the conditions set out in the elections articles L. 2143-3 and L. 2143-6 of the Labour Code in their drafting of this Act shall be convened.
      Until the results of the first professional elections held in the enterprises or institutions for which the date fixed for the negotiation of the pre-electoral protocol is after the publication of this Act, each representative union in the company or establishment on the date of that publication may designate one or more union delegates to represent it with the employer, in accordance with Articles L. 2143-3 and L. 2143-6 of the Labour Code in their earlier publication to the employer.

      Article 14 Learn more about this article...


      Articles L. 2232-21 to L. 2232-29 of the Labour Code remain applicable in their drafting prior to the publication of this Act until 31 December 2009.
      The negotiation between the employer and the elected or the employees of the mandated company shall take place in accordance with the following rules:
      1° Independence of negotiators to the employer;
      2° Joint development of the draft agreement by negotiators;
      3° Concertation with employees;
      4° Faculty to take the attachment of union organizations representative of the branch.
      In addition, the information to be submitted to the incumbent elected officials or to the employees who are pre-traded is determined by agreement between them and the employer.
      Section 9 of this Act applies as of December 31, 2009 for all non-trade union-related companies that do not fall under a branch agreement or a professional agreement.
      The industry agreements or professional agreements concluded pursuant to articles L. 2232-21 to L. 2232-29 of the Labour Code in their drafting prior to the publication of this Act continue to produce their effects for all enterprises within their scope, regardless of their number.

      Article 15 Learn more about this article...


      The obligations established to Articles L. 2135-1 to L. 2135-3 of the Labour Code applies from the fiscal year 2009.
      The obligation under thearticle L. 2135-4 of the same code applies from the 2010 accounting year to the confederal and federal levels of trade union and professional organizations referred to in section L. 2135-1 of the same code.
      The obligation under section L. 2135-4 of the same code applies from the 2011 accounting year to the regional and departmental levels of trade union and professional organizations referred to in section L. 2135-1 of the same code.
      The obligation under section L. 2135-4 of the same code applies from the 2012 accounting year to all levels of trade union and professional organizations referred to in section L. 2135-1 of the same code.

      Article 16 Learn more about this article...


      I. ― Prior to December 31, 2013, the Government submits to Parliament, following a reasoned opinion from the National Collective Bargaining Commission, a report on the implementation of the articles L. 2122-1 and L. 2122-2, 3° of thearticle L. 2122-5, articles L. 2122-6, L. 2122-7, 3° of thearticle L. 2122-9 and articles L. 2122-10 and L. 2232-2 to L. 2232-13 of the Labour Code.
      II. – The High Council for Social DialogueArticle L. 2122-11 of the Labour Code submit to the Minister for Labour the lessons to be learned from the application of this Act and the lessons to be learned from the report referred to in I of this section, including the application of sections L. 2122-2, L. 2122-5 to L. 2122-10 and L. 2232-2 to L. 2232-13 of the same Code.

      Article 17 Learn more about this article...


      Article L. 3142-8 of the Labour Code is supplemented by a paragraph as follows:
      "This compensation is paid at the end of the month in which the training session took place. »

  • PART II: THE WORKING TEMPS Article 18 Learn more about this article...


    I. ― Section L. 3121-11 of the Labour Code is replaced by sections L. 3121-11 and L. 3121-11-1 as follows:
    "Art.L. 3121-11.-Additional hours may be completed within the limits of an annual contingent defined by an agreement or collective agreement of business or establishment or, if not, by an agreement or branch agreement.
    "A collective agreement or agreement of business or establishment or, if not, a branch agreement or agreement sets out all conditions for the fulfilment of additional hours beyond the annual contingent and [Constitutional provisions declared non-conforming by the Constitution Constitutional Council decision No. 2008-568 DC of 7 August 2008] the characteristics and conditions for taking of the mandatory rest consideration due for any additional hours completed beyond the annual contingent, the increase of the overtime being determined in accordance with the terms and conditions provided for in Article L. 3121-22. This agreement or collective agreement may also provide that a resting counterparty is granted for overtime within the contingent limit.
    "In the absence of a collective agreement, a decree determines this annual contingent and [Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2008-568 DC of 7 August 2008] the characteristics and conditions of taking of the mandatory counterparty on rest for any additional hour completed beyond the annual contingent.
    "In the absence of a determination of the annual contingent of additional hours on a conventional basis, the terms and conditions of its use and its potential overtaking shall, at least once a year, result in a consultation with the business committee or staff delegates, if any.
    "Art.L. 3121-11-1.-The overtime shall be completed, within the limits of the annual contingent applicable to the company, after information from the business committee or, if not, from staff delegates, if any.
    "The overtime is completed, beyond the annual contingent applicable in the company, after notice of the business committee or, if not, staff delegates, if any. »
    II. Sections L. 3121-12 to L. 3121-14, L. 3121-17 to L. 3121-19 and subsection 3 of section 2 of chapter I, title II, of Book I of Part III of the Code are repealed.
    III. ― The first two paragraphs of Article L. 3121-24 of the same code are thus written:
    "A collective agreement or agreement of business or establishment or, if not, a branch agreement or agreement may provide for the replacement of all or part of the overtime payment, as well as the increases provided for in Article L. 3121-22, by an equivalent compensatory rest.
    "In companies without a trade union delegate not subject to the annual bargaining obligation under section L. 2242-1, this replacement may be put in place by the employer provided that the business committee or staff delegates, if they exist, do not oppose it. »
    IV. [Dispositions declared not in conformity with the Constitution by the Constitutional Council decision No. 2008-568 DC of 7 August 2008] Compulsory resting counterparty due for any additional hours completed beyond the quota provided for both last paragraphs of Article L. 3121-11 of the Labour Code in the drafting of this Act is set at 50 per cent for enterprises with a maximum of 20 employees and 100 per cent for enterprises with more than twenty employees. The latter provision, which also concerns agricultural occupations, applies only to agricultural occupations referred to in 6° to 6° quater of section L. 722-20 of the rural code that do not have an agricultural production activity. The chosen hours completed pursuant to an agreement concluded on the basis of theArticle L. 3121-17 of the Labour Code in its writing before this Act does not open the right to compulsory rest consideration.
    V. ― In the fifth paragraph of Article L. 713-13 of the Rural Code, the words: "in Article L. 713-10" are replaced by the words: "at 1° to 4° of Article L. 722-1, at 2° and 3° of Article L. 722-20 and at 6° of that same article for only companies that have an agricultural production activity".

    Article 19 Learn more about this article...


    I. ― Section 4 of chapter I of title II of Book I of the third part of the Labour Code reads as follows:


    “Section 4



    “Fund conventions



    "Subsection 1



    “Establishment of package agreements


    "Art.L. 3121-38.-The duration of the work of any employee may be fixed by an individual plan agreement in hours on week or month.
    "Art.L. 3121-39. -The conclusion of individual plan agreements, in hours or days, on the year is provided for by a collective agreement of business or establishment or, if not, by an agreement or a branch agreement. This prior collective agreement determines the categories of employees who may enter into an individual plan agreement, as well as the annual working period from which the plan is established, and sets out the main characteristics of these conventions.
    "Art.L. 3121-40.-The conclusion of an individual plan agreement requires the employee's agreement. The convention is established in writing.
    "Art.L. 3121-41. -The remuneration of the employee who has entered into a plan agreement in hours is at least equal to the minimum wage applicable in the company for the number of hours corresponding to the plan, increased by the additional hours increments provided for in Article L. 3121-22.


    "Subsection 2



    "Plant agreements over the year



    “Paragraph 1



    "Facilities in hours over the year


    "Art.L. 3121-42.-May conclude a plan agreement in hours over the year, within the limits of the annual working period applicable to individual plan agreements established by the collective agreement:
    « 1° Frameworks whose nature of functions does not lead them to follow the collective schedule applicable within the workshop, service or team to which they are integrated;
    « 2° Employees who have real autonomy in the organization of their schedule.


    “Paragraph 2



    "Plant agreements in days a year


    "Art.L. 3121-43.-May conclude a package agreement in days over the year, within the limits of the annual working period established by the collective agreement provided for in Article L. 3121-39:
    « 1° Frameworks that have autonomy in the organization of their time use and whose nature of functions does not lead them to follow the collective schedule applicable within the workshop, service or team to which they are integrated;
    « 2° Employees whose duration of working time cannot be predetermined and who have real autonomy in the organization of their time use for the exercise of the responsibilities entrusted to them.
    "Art.L. 3121-44.-The number of days worked in the year fixed by the collective agreement provided for in Article L. 3121-39 cannot exceed two hundred and eighteen days.
    "Art.L. 3121-45.-The employee who wishes to do so may, in agreement with his employer, give up part of his or her days of rest in return for an increase in his or her salary. The agreement between the employee and the employer is established in writing. The number of days worked in the year shall not exceed a maximum number fixed by the agreement provided for in Article L. 3121-39.If no agreement is reached, the maximum number shall be two hundred and thirty-five days.
    "The maximum annual number of days worked must be consistent with the provisions of Title III relating to day-to-day rest, weekly rest and holidays in the company, and Title IV relating to leave with pay.
    "An Advant to the package agreement between the employee and the employer determines the rate of the increase applicable to the remuneration of that additional work time, without it being less than 10%.
    "Art.L. 3121-46. - An individual annual interview is organized by the employer, with each employee who has entered into a package agreement in days a year. It deals with the workload of the employee, the organization of work in the company, the link between professional activity and personal and family life, and the remuneration of the employee.
    "Art.L. 3121-47.-Where an employee who has entered into a package agreement in days receives a clearly unpaid remuneration in relation to the hardships imposed on him, he or she may, notwithstanding any provision to the contrary, conventional or contractual, seize the judicial judge so that he or she may be awarded an allowance calculated on the basis of the injury suffered, particularly in respect of the wage level practised in the company and corresponding to his or her qualification.
    "Art.L. 3121-48.- Employees who have entered into a package agreement in days are not subject to the following provisions:
    « 1° A weekly legal period provided for in Article L. 3121-10;
    « 2° The maximum working time provided for in Article L. 3121-34;
    « 3° The maximum working hours specified in the first paragraph of Article L. 3121-35 and the first and second paragraphs of Article L. 3121-36. »
    II.-Section L. 2323-29 of the same code is supplemented by a paragraph as follows:
    "The company committee is consulted every year on the use of package agreements as well as on how to monitor the workload of the employees concerned. »
    III.- Agreements concluded pursuant to Articles L. 3121-40 to L. 3121-51 of the Labour Code in their drafting prior to the publication of this Act shall remain in force.

    Rule 20 Learn more about this article...


    I. ― Section 1 of chapter II of title II of Book I of the third part of the Labour Code reads as follows:


    “Section 1



    "Distribution of hours over a higher period
    at the week and equal to the year


    "Art.L. 3122-1.-Unless otherwise stipulated by a business or settlement agreement, the calendar week begins on Monday at 0 o'clock and ends on Sunday at 24 o'clock.
    "Art.L. 3122-2.-A collective agreement of business or establishment or, if not, a branch agreement or agreement may define the terms and conditions for the development of the working time and organize the distribution of the duration of the work over a period greater than the week and equal to the year. It provides:
    « 1° The conditions and time limits for changes in duration or hours of work;
    « 2° Limits for counting overtime;
    « 3° The conditions for the payment of employees, absences and arrivals and departures during the period.
    "When the agreement applies to part-time employees, it provides the terms and conditions for communication and modification of the time and working hours.
    "Unless otherwise stipulated by a business or settlement agreement or, if not, by a branch agreement or agreement, the period of time for change of time or time shall be seven days.
    "In the absence of a collective agreement, a decree defines the modalities and organization of the distribution of the duration of the work over more than a week.
    "Art.L. 3122-3.-By derogation from the provisions of Article L. 3122-2 in companies that operate continuously, the organization of work time can be arranged over several weeks by decision of the employer.
    "Art.L. 3122-4.-When a collective agreement organizes a variation of the weekly working period over any or part of the year or when it is applied the possibility of calculating the duration of the work over a period of several weeks provided for by the decree mentioned in Article L. 3122-2, constitute overtime, according to the framework chosen by the agreement or decree for their count:
    « 1° Hours over 1,607 annual hours or the lower annual limit set by the agreement, deducted, if any, overtime beyond the weekly high limit, possibly set by the agreement and already recorded;
    « 2° The hours worked beyond the average of thirty-five hours calculated over the reference period established by the agreement or by the decree, deducting overtime worked beyond the weekly high limit set, if any, by the agreement or by the decree and already recorded.
    "Art.L. 3122-5.-A collective agreement of business or establishment or, if not, a branch agreement or agreement may provide that the monthly remuneration of employees of enterprises organizing the variation of the weekly work duration on all or part of the year is independent of the actual schedule and is calculated under the conditions provided by the agreement.
    "However, when overtime is completed beyond the limits provided by the agreement, the corresponding remuneration is paid with the salary of the month in question. »
    II. ― The first paragraph of section L. 3123-17 of the same code is amended as follows:
    1° After the word: "months", the words are inserted: "or on the period provided by a collective agreement concluded on the basis of Article L. 3122-2";
    2° The words are added: "calculated, if any, on the period provided for by a collective agreement concluded on the basis of Article L. 3122-2."
    III. ― In article L. 3123-19 of the same code, after the word "work", the words are inserted: "calculated, if any, on the period provided by a collective agreement concluded on the basis of article L. 3122-2."
    IV. ― Sub-section 8 of chapter III, section 1, title II, of Book I of Part III of the Code is repealed.
    V. ― Agreements concluded pursuant to articles L. 3122-3, L. 3122-9, L. 3122-19 and L. 3123-25 of the Labour Code or articles L. 713-8 and L. 713-14 of the rural code in their drafting prior to the publication of this Act shall remain in force.

    Article 21 Learn more about this article...


    I. ― Article L. 713-19 of the rural code is as follows:
    "Art.L. 713-19.-The Labour Code applies to agricultural workers, with the exception of the provisions for which this book has provided for special provisions. »
    II. Sections L. 713-6 to L. 713-12 and L. 713-14 to L. 713-18 of the same code are repealed.

    Article 22 Learn more about this article...


    In the first paragraph of Article L. 3141-3 of the Labour Code, the words: ", in the reference year, justifies having worked with the same employer for a time equivalent to a minimum of one month's work" are replaced by the words: "explains having worked with the same employer for a time equivalent to a minimum of ten days' work".

    Article 23 Learn more about this article...


    I. ― III and IV of Article 1 of Law No. 2008-111 of 8 February 2008 for the purchasing power shall apply, until December 31, 2009, to the remuneration of the days to which employees renounce under the conditions laid down in theArticle L. 3121-42 of the Labour Code.
    II. ― For the purposes of sections 1 and 4 of Act No. 2008-111 of 8 February 2008 referred to above, articles L. 3121-45, L. 3121-46, L. 3121-51, L. 3122-5, L. 3122-19 and L. 3152-1 of the Labour Code apply, until December 31, 2009, in their writing prior to the publication of this Act.
    For application of theArticle 2 of Act No. 2008-111 of 8 February 2008 referred to above, the same sections of the Labour Code apply until December 31, 2010 in their drafting prior to the publication of this Act.
    III. ― Section 81 quater of the General Tax Code is amended as follows:
    1° The 1st of I is thus written:
    « 1° Salaries paid to employees for overtime work defined in Article L. 3121-11 of the Labour Code and, for employees under annual plan agreements in hours provided for in Article L. 3121-42 of the same Code, hours worked beyond 1,607 hours, and hours worked under the third paragraph of Article L. 3123-7 of the same Code. Salaries paid for overtime referred to in Article L. 3122-4 of the same code shall be exempt, except for hours worked between 1,607 hours and the annual period fixed by the agreement when it is less.
    "The exemption referred to in the first paragraph is also applicable to the increase in wages paid, as part of the annual plan agreements in days, in exchange for the waiver by employees, beyond the two-hundred-eight-day ceiling referred to in Article L. 3121-44 of the Labour Code, to days of rest under the conditions provided for in Article L. 3121-45 of the same Code; »
    2° In the last paragraph of b of 1° of II, the reference: "in the first paragraph of Article L. 3121-42" is replaced by the reference: "in Article L. 3121-46";
    3° In the last paragraph of the III:
    (a) The words: "maximum weekly duration referred to in 1° of II of Article L. 3122-10 of the Labour Code and in the last paragraph of Article L. 713-15 of the Rural Code" are replaced by the words: "high weekly limit referred to in Article L. 3122-4 of the Labour Code";
    (b) The words: "or the ceiling mentioned in 2° of Article L. 3122-19 of the Labour Code" are deleted.
    IV. ― For businesses that have not entered into a new agreement on the terms and conditions for the organization of work time after the coming into force of this Act, section 81 quater of the General Tax Code applies in its drafting prior to the date of publication of this Act.
    The same applies to companies that have not entered into a new agreement on the annual additional hours quota until 31 December 2009.

    Article 24 Learn more about this article...


    I. ― At the end of the second paragraph of Article L. 2323-29 of the Labour Code, the words "L. 3123-25 relative to the annualized part-time" are replaced by the words "L. 3122-2 when they apply to part-time employees".
    II. ― In section L. 3121-25 of the same code, the words "replace" are replaced by the word "equivalent".
    III. ― In the third paragraph of section L. 3123-7 of the same code, the words: "at mandatory compensatory rest" are replaced by the words: "at mandatory rest counterparty."
    IV. ― In the 1st of Article L. 3123-14 of the same code, the words "Articles L. 3123-25 et seq." are replaced by the words "of Article L. 3122-2".
    V. ― In the first paragraph of Article L. 3123-15 of the same code, after the words: "Fifteen weeks", the words are inserted: "or on the period provided by a collective agreement concluded on the basis of Article L. 3122-2 if it is superior".
    VI. ― In the second part of Article L. 3133-8 of the same code, the words: "reducing working time as provided for in Articles L. 3122-6 and L. 3122-19" are replaced by the words: "release granted under the collective agreement concluded under Article L. 3122-2".
    VII. ― In the second part of section L. 3133-10 of the same code, the reference: "L. 3121-45" is replaced by the reference: "L. 3121-41".
    VIII. ― In the last sentence of section L. 3133-11 and the last sentence of the first paragraph of section L. 3133-12 of the same code, the words "mandatory compensatory rest" are replaced by the words "mandatory rest consideration".
    IX. ― Section L. 3141-5 of the same code is amended as follows:
    1° In the 3rd, the words: "mandatory compensatory rests under section L. 3121-26" are replaced by the words: "mandatory rest considerations provided for in section L. 3121-11";
    2° In the 4th, the words: "acquired under the reduction of working time" are replaced by the words: "agreed under the collective agreement concluded under Article L. 3122-2."
    X. ― In the second paragraph of Article L. 3141-11 of the same code, the words: "Articles 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" are replaced by the reference: "Article L. 3122-2".
    XI. ― In the first sentence of the 4th sentence of Article L. 3141-21 of the same code, the references: "L. 3121-45, L. 3122-9, L. 3122-19, L. 3123-1 and L. 3123-25" are replaced by the references: "L. 3121-44, L. 3122-2 and L. 3123-1".
    XII. ― In the second paragraph of Article L. 3141-22 of the same code, the words: "at mandatory compensatory rest provided for in Article L. 3121-28" are replaced by the words: "at the mandatory rest consideration provided for in Article L. 3121-11".
    XIII. ― In the second paragraph of Article L. 3171-1 of the same code, the words: "in the form of cycles or when the modulation of the working time on all or part of the year is implemented, the display includes the distribution of the working time in the cycle or the modulation program" are replaced by the words: "in the conditions set by Article L. 3122-2, the display includes the distribution of the organization's duration".
    XIV. ― In the 2nd of Article L. 6321-4 of the same code, the words: "mandatory compensatory rest" are replaced by the words: "mandatory rest consideration".

    Rule 25 Learn more about this article...


    I. ― In the title of chapter I of Book I title V of the third part of the Labour Code, the words: "and put in place" are deleted.
    II. ― Article L. 3151-1 of the same code is supplemented by the words "or amounts that have been assigned to it".
    III. ― Section L. 3151-2 of the same code is repealed.
    IV. ― Chapter II of Book I title V of the third part of the same code is as follows:


    “Chapter II



    “In place


    "Art.L. 3152-1.-The savings-time account may be established by a business or settlement agreement or, if not, by a branch agreement or agreement.
    "Art.L. 3152-2.-The agreement or collective agreement determines under what conditions and limits the time-saving account may be fed in time or in money at the initiative of the employee or, for the hours completed beyond the collective period, at the initiative of the employer. The annual leave may only be assigned to the time savings account for a period exceeding twenty-four working days.
    "Art.L. 3152-3.-The agreement or collective agreement defines the terms and conditions for the management of the time savings account and determines the conditions for the use, liquidation and transfer of the rights of an employer to another employer. »
    V. ― Articles L. 3153-1 and L. 3153-2 of the same code are read as follows:
    "Art.L. 3153-1.- Notwithstanding the provisions of the agreement or collective agreement, an employee may, on his or her request and in agreement with his or her employer, use the rights assigned to the savings-time account to complete his or her remuneration.
    "Art.L. 3153-2.-The use in the form of a supplement to the remuneration of the fees paid on the savings-time account for annual leave shall be permitted only for those of those rights for days exceeding the thirty-day period established by Article L. 3141-3. »
    VI. ― Section L. 3153-4 of the same code is repealed.

    Rule 26 Learn more about this article...


    I. ― Article L. 3153-3 of the Labour Code is supplemented by a paragraph as follows:
    "The rights used in accordance with the terms and conditions set out in the preceding paragraphs, which are not derived from an abundance of time or money from the employer, shall be within a ten-day ceiling per year of the exemption provided for in Article L. 242-4-3 of the Social Security Code and, as the case may be, from the plans provided for in 2° or 2°-0 bis of the Social Security Code.Article 83 of the General Tax Code for those used in accordance with the terms and conditions set out in the first paragraph or the exemption provided for in the 18th paragraph of Article 81 of the same code for those used in accordance with the terms and conditions set out in the second paragraph. »
    II. ― After Article L. 242-4-2 of the Social Security Code, an article L. 242-4-3 is inserted as follows:
    "Art.L. 242-4-3. -The remuneration due in return for the rights constituted by an employee on his or her time savings account, except those that correspond to a substantial amount in time or in money from the employer, is exempted from the social security wage contributions and from the employer's dependants on social insurance and family allowances as long as it is used on the initiative of that employee to feed a pension savings plan. »
    III. ― A. ― The 18th of section 81 of the General Tax Code is amended as follows:
    1° The current provisions constitute an a;
    2° It is added a b as follows:
    “(b) The amounts paid by the employee to feed a savings plan for the collective pension under the conditions of the last paragraph of Article L. 3153-3 of the Labour Code ;".
    B. ― The 1st of the IV of Article 1417 of the same code is supplemented by an e thus written:
    “e) Amounts corresponding to rights last paragraph of Article L. 3153-3 of the Labour Code. »

    Rule 27 Learn more about this article...


    Chapter IV of Book I title V of the third part of the Labour Code reads as follows:


    “Chapter IV



    “Safety and liquidation of rights


    "Art.L. 3154-1.-The rights acquired in the time savings account are guaranteed under the terms of Article L. 3253-8.
    "Art.L. 3154-2.-For acquired rights, converted to monetary units, which exceed the highest of the amounts fixed by decree pursuant to Article L. 3253-17, the agreement or agreement of business or settlement or, if not, the agreement or the branch agreement establishes an insurance or guarantee device.
    "In the absence of a collective agreement before 8 February 2009, a guarantee system is set up by decree.
    "Waiting for the establishment of a guarantee system, when the acquired rights, converted to monetary units, exceed the above-mentioned ceiling, an allowance corresponding to the monetary conversion of the entire entitlement is paid to the employee.
    "Art.L. 3154-3.-In the absence of conventional provisions providing for the conditions for the transfer of the rights of an employer to another, the employee may:
    « 1° Perceiving, in the event of a termination of the employment contract, an allowance corresponding to the monetary conversion of all the rights it acquired;
    « 2° Apply, in agreement with the employer, to a third party body of all rights, converted to monetary units, that it acquired. The release of the recorded rights shall be for the benefit of the beneficiary employee or his beneficiaries under the conditions established by decree. »
    This law will be enforced as a law of the State.


Done in Paris, 20 August 2008.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

Minister of Labour, Social Relations,

of the family and solidarity,

Xavier Bertrand


(1) Act No. 2008-789.
Preparatory work:
National Assembly:
Bill No. 969, corrected;
Report of Mr. Jean-Frédéric Poisson, on behalf of the Committee on Cultural Affairs, No. 992;
Opinion of Mr. Jean-Paul Anciaux, on behalf of the Committee on Economic Affairs, No. 999;
Discussion on 1 to 3 and 7 July 2008 and adoption, after an emergency statement, on 8 July 2008 (TA No. 170).
Senate:
Bill, adopted by the National Assembly, No. 448 (2007-2008);
Report of Mr. Alain Gournac, on behalf of the Social Affairs Committee, No. 470 (2007-2008);
Discussion on 17, 18 and 22 July 2008 and adoption on 22 July 2008 (TA No. 138).
National Assembly:
Bill, amended by the Senate, No. 1090;
Report of Mr. Jean-Frédéric Poisson, on behalf of the joint parity commission, No. 1092.
Discussion and adoption on 23 July 2008 (TA No. 183).
Senate:
Report of Mr. Alain Gournac, on behalf of the Joint Parity Commission, No. 486 (2007-2008);
Discussion and adoption on 23 July 2008 (TA No. 143, 2007-2008).
― Constitutional Council:
Decision No. 2008-568 DC of 7 August 2008 published in the Official Gazette of this day.


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