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Order Of August 21, 2008 On The Extension Of The National Collective Agreement Of Private Non-Contract Education

Original Language Title: Arrêté du 21 août 2008 portant extension de la convention collective nationale de l'enseignement privé hors contrat

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JORF n°0200 du 28 août 2008 page 13550
text No. 75



Order dated 21 August 2008 extending the national collective agreement on non-contractual private education

NOR: MTST0820395A ELI: Not available


Minister of Labour, Social Relations, Family and Solidarity,
Vu le Labour codeincluding article L. 2261-15 (formerly article L. 133-8, paragraphs 1 and 3);
Having regard to the national collective agreement on non-contractual private education of 27 November 2007;
Considering the request for extension submitted by signatory organizations;
Considering the opinion published in the Official Journal of 1 March 2008;
Considering the opinions collected during the investigation;
In view of the reasoned opinion of the National Collective Bargaining Commission (subcommission of agreements and agreements), rendered at the meeting on 1 July 2008,
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Article 1 Learn more about this article...


For all employers and employees included in the scope of the national collective agreement on non-contractual private education of 27 November 2007, the provisions of the said national collective agreement are mandatory.
The terms: "individual right to training (DIF) when carried out during the working time" of the sixth point of Article 3. 4 are excluded as contrary to the provisions of articles L. 6323-13 (formerly article L. 933-4) and L. 6321-2 (formerly article L. 932-1) of the Labour Code, which provides that hours devoted to training during working hours shall be entitled to the maintenance of the remuneration of the employee as it constitutes an effective working time.
Article 3. 9. 2 is excluded as contrary to provisions of paragraph 2 of Article R. 1234-2 of the Labour Code from Decree No. 2008-715 of 18 July 2008 on various measures relating to the modernization of the labour market that provide that from ten years of seniority the minimum termination allowance is 1 / 5 months of salary plus 2 / 15 months of age per year of seniority beyond ten years.
The third paragraph of Article 3. 11. 3 is excluded as contrary to Article 6 of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations, Article 8 of EC Regulation No. 593 / 2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations and Article L. 1132-1 (formerly Article L. 122-45) of the Labour Code.
The terms: "or according to individualized calendars" referred to in Article 4. 2. 1 b (1°) are excluded from the extension as being contrary to provisions of Article L. 3122-12 of the Labour Code (formerly article L. 212-8, paragraph 9).
Section 4. 2. 2 is excluded from the extension as being contrary to provisions of Article L. 3123-25 of the Labour Code (formerly article L. 212-4-6, paragraphs 1-10).
Section 4. 3. 1 e is excluded from the extension as being contrary to provisions of Article L. 3122-12 of the Labour Code (formerly article L. 212-8, paragraph 9).
Section 4. 3. 2 is excluded from the extension as being contrary to provisions of Article L. 3123-25 of the Labour Code (formerly article L. 212-4-6, paragraphs 1-10).
The terms: "or according to individualized calendars" of Article 4. 3. 5(a) are excluded from the extension as being contrary to the provisions of Article L. 3122-12 (formerly Article L. 212-8, paragraph 9) of the Labour Code.
The terms: "or according to individualized schedules that will be forwarded in writing to each teacher concerned," referred to in paragraph 1 of Article 4. 4. 2 c are excluded from the extension as contrary to the provisions of Article L. 3122-12 (formerly Article L. 212-8, paragraph 9) of the Labour Code.
Section 4. 4. 3 b is excluded from the extension as being contrary to provisions of Article L. 3123-25 of the Labour Code (formerly article L. 212-4-6, paragraphs 1-10).
The third paragraph of Article 4. 5. 1 is excluded from the extension as contrary to the provisions of Dellas jurisprudence (EC, 28 April 2006) and to the provisions of Article L. 3122-34 of the Labour Code (formerly article L. 213-3, paragraphs 1 and 2).
Article 7. 3 is excluded from the extension as being contrary to the principle "equal work, equal pay" provided for in the articles L. 2261-22 (4°) (formerly article L. 133-5) and L. 2271-1 (8°) (formerly article L. 136-2) of the Labour Code and recognized by the jurisprudence of the Court of Cassation (Cass. soc. 29 / 10 / 1996, Delzongle v / Ponsolle et Cass. soc. 15 / 05 / 07, stop no 05-42894).
The first point of Article 2. 1. 4 is extended subject to the application of the provisions ofarticle L. 2142-3 (formerly Article L. 418-8, paragraphs 1 to 3) of the Labour Code which provides that the display of trade union communications is carried out freely on signs reserved for this purpose and distinct from those assigned to the communications of staff delegates and the business committee, that a copy of these trade union communications is transmitted to the head of business, simultaneously on the display and that the panels are made available to each trade union section according to the terms fixed by agreement.
The second point of Article 2. 2. 1 is extended subject to compliance articles L. 2315-3 (formerly article L. 424-1, paragraph 2) and L. 2325-7 (formerly article L. 434-1, paragraph 3) of the Labour Code which provides that the time required for the exercise of delegation functions is of full right considered as working time and paid at normal maturity. The management of the hours of delegation is in fact governed by the principle that the staff representative should not be paid down as a result of his or her mandate.
The fourth point of Article 2. 2. 3 is extended subject to application ofarticle L. 2323-86 (formerly section L. 432-9) of the Labour Code, whereby the amount of the employer's contribution to the financing of the social and cultural activities of the business committee shall not be less than the highest total of the sums allocated to the social expenses of the company reached in one of the last three years before the management of the social and cultural activities by the business committee, and the report of that contribution to the overall amount of the wages paid
The fifth point of Article 2. 2. 3 is extended subject to application ofarticle L. 2325-6 (formerly section L. 434-1) of the Labour Code under which the time limit that the employer is required to allow the members who hold the business committee to perform their duties, except in exceptional circumstances, may not exceed twenty hours per month.
Article 3. 1 is extended subject to the application of the provisions ofarticle L. 1231-1 (formerly article L. 122-4) of the Labour Code as interpreted by the Court of Cassation (including Cass. soc. 1 February 1995, No. 91-40. 794).
Article 3. 2 is extended subject to the application of provisions of Article L. 1221-19 of the Labour Code which provides that the indefinite employment contract may include a trial period of up to two months for workers and employees, three months for masters and technicians, and four months for executives and, on the other hand, section 2 (II) of the Labour Market Modernization Act, which provides that the provisions of the branch agreements entered into before the publication of the said Act and thatArticle L. 1221-19 of the Labour Code remain in force until June 30, 2009.
Article 3. 2. 7 is extended subject to application of provisions of Article L. 1221-25 of the Labour Code which provides that, when terminated by the employee's trial period, the employee shall respect a 48-hour period of time. This period is reduced to 24 hours if the employee's length of time in the company is less than 8 days.
Article 3. 11 is extended subject to the application of the provisions ofarticle L. 6323-2 (formerly L. 933-1) of the Labour Code, which provides that the employee's period of absence for family support leave is fully taken into account for the calculation of the entitlements opened under the DIF.
The second paragraph of Article 4. 1. 3 is extended subject to application of provisions of Article L. 3133-6 of the Labour Code (formerly article L. 222-6) which provides that in establishments and services that, due to the nature of their activity, cannot interrupt the work, employed employees on May 1 shall be entitled, in addition to the wage corresponding to the work performed, to an allowance equal to the amount of that salary excluding the compensatory leave provided for.
Section 4. 2. 1 c is extended subject to application of provisions of articles L. 3121-22 and L. 3122-10 of the Labour Code (formerly articles L. 212-5 and L. 212-8, paragraphs 3 and 4), as interpreted by the Court of Cassation in its jurisprudence (Cass. soc., 19 April 2000, No. 98-41. 071) where overtime is those that were either imposed on the employee by the nature or quantity of the work requested, or made at the request or at least with the employer's implied agreement.
The first draw of Article 4. 5. 1 b is extended subject to the application of the Dellas case law provisions (EC, 28 April 2006) which require that for the assessment of the quality of night worker as provided for in theArticle L. 3122-31 of the Labour Code (formerly Article L. 213-2) the working time of employees subject to equivalency is deducted hourly for hour.
The first paragraph of Article 4. 5. 1 is extended subject to, on the one hand, the application of the Dellas case law provisions (EC, 28 April 2006) that the maximum daily attendance time of 13 hours applies only to employees applying the equivalence regime defined in c of section 4. 5. 1 and is appreciated hourly for hour, for any period of twenty-four hours, employees with rest periods of at least equivalent to the number of hours worked beyond the eighth hour; on the other hand, the application of provisions of Article L. 3122-34 of the Labour Code (formerly article L. 213-3, paragraphs 1 and 2), under which this maximum daily time of presence cannot lead to an excess of the maximum legal time limit set at 8 hours of actual working time.
Point c of Article 5. 2. 3 is extended subject toarticle L. 1132-1 (formerly article L. 122-45) as interpreted by the jurisprudence of the Court of Cassation (including: Cass. soc. 14 March 2007, no. 06-41. 723; Cass. soc. 6 February 2008, no. 06-44. 389).
Title 6 is extended subject to the application of the provisions ofarticle L. 2241-9 (formerly article L. 132-12-3, paragraph 1), which provides that the mandatory five-year negotiation on classifications is also intended to define and programme measures to eliminate the pay gap between women and men by 31 December 2010.
Title 7 is extended subject to the application of the provisions of Article L. 2241-9 (formerly Article L. 132-12-3, paragraph 1), which provides that the annual wage negotiations also aim to define and schedule measures to eliminate the pay gap between women and men by December 31, 2010.
Article 7. 4. 4 is extended subject to application of provisions of Article D. 3171-13 of the Labour Code (formerly article D. 212-23) which provides for the delivery of an annual balance sheet of modulation at the end of the modulation period. Indeed, the reference period for modulation can be different from the period 1 September-31 August or the period 1 January-31 December.
The fifth paragraph of Article 9. 4 is extended subject to the application of the provisions ofarticle L. 6324-9 (formerly article L. 982-4) of the Labour Code.

Article 2


The extension of the effects and sanctions of the aforementioned national collective agreement shall be made on the date of the publication of this order for the remaining period of time and the conditions provided for in the said national collective agreement.

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 in Paris, August 21, 2008.


For the Minister and by delegation:

The Director General of Labour,

J.-D. Combrexelle


Note. ― The text of the aforementioned national collective agreement has been published in the Official Gazette of the Ministry, collective agreements no. 2008/5, available at the Official Journals Directorate, 26, rue Desaix, 75727 Paris Cedex 15, at a unit price of 8 €.


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