Key Benefits:
Minister of Labour, Social Relations, Family and Solidarity,
Vu le Labour codeincluding article L. 2261-15;
Considering the national collective agreement of technical companies for the creation and event of February 21, 2008;
Considering the request for extension submitted by signatory organizations;
Considering the opinion published in the Official Journal of 24 June 2008;
Considering the opinions collected during the investigation;
Having regard to the reasoned opinion of the National Committee for Collective Bargaining (Subcommission of Agreements and Agreements), rendered at the meeting on 3 October 2008,
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For all employers and employees included in the scope of application of the national collective agreement of technical enterprises for the creation and event of February 21, 2008, the provisions of the said national collective agreement shall be made mandatory.
Article 3. 8. 1 is excluded as contrary to provisions of Article L. 2142-1 of the Labour Code as they result from Act No. 2008-789 of 20 August 2008 Renovating social democracy and working time reform.
The terms: "in the branch" in the second paragraph of Article 3. 8. 2 are excluded as being contrary to provisions of Article L. 2143-6 of the Labour Code.
The last paragraph of section 4. 1. 2 is excluded as contrary to provisions of articles L. 1221-25 and L. 1221-26 of the Labour Code of the Act of 25 June 2008 the modernization of the labour market that provides, on the one hand, that in the event of a breach of the contract by the employer a period of prevenance may not be less than two weeks after a month of presence and one month after three months of presence and, on the other hand, that in the event of a breach of the contract by the employee the employee shall respect a period of prevenance of forty-eight hours.
The second paragraph of Article 5. 6. 3 is excluded as contrary to provisions of articles L. 3121-39 and L. 3121-43 of the Labour Code under which the day plan agreements are established on an annual basis.
The terms: "hours and" in the fourteenth paragraph (b) of Article 5. 6. 3 are excluded as being contrary to the provisions of Article L. 3121-43 et seq. of the Labour Code relating to the agreements of packages in days.
The third paragraph of Article 5. 7. 3 is excluded as contrary to provisions of Article L. 3121-24 of the Labour Code.
Article 8. 5 is excluded from the extension as contrary to the provisions provided for in Articles L. 912-3 and L. 912-1 of the Social Security Code which include clauses that, on the one hand, organize the continuation and modalities of the revalorization of the current rents in the event of a change of insurance organization and, on the other hand, establish under what conditions and according to what periodicity the modalities of the organization of the mutualization of risks may be reviewed, the periodicity of the review may not exceed five years.
Article 2. 2 is extended subject to application of provisions of Article L. 2241-9 of the Labour Code which provides that mandatory annual wage negotiations and mandatory five-year classification negotiations are also intended to define and programme measures to eliminate pay gaps between women and men by 31 December 2010.
The second point in the fourth paragraph of Article 3. 3. 2 is extended subject to application of provisions of Article L. 2323-86 of the Labour Code.
Article 3. 3. 3 is extended subject to the application of the provisions of articles L. 1111-2, L. 2314-18-1 and L. 2324-17-1 of the Labour Code.
The first paragraph of Article 3. 6. 1 is extended subject to the application of the provisions of Act of 20 August 2008 Renovating social democracy and working time reform.
The third paragraph of Article 3. 6. 1 is extended subject to application ofArticle 12 of the Act of 20 August 2008 revising social democracy and reforming working time that sets the rules for the validity of agreements.
Article 3. 6. 2 is extended subject to provisions of articles L. 2232-22 and L. 2232-25 of the Labour Code.
Article 3. 8. 2 is extended subject to application ofArticle 13 of the Act of 20 August 2008 renovating social democracy and reforming working time that organizes the implementation in time of the provisions of thearticle L. 2143-3 relating to the designation of the trade union delegate in their former drafting and as amended by the above-mentioned law, as well as the transition between the two.
The first paragraph of the paragraph entitled "Retirement Departure" of section 4. 1. 3 is extended subject to application of provisions of Article L. 1237-5 of the Labour Code.
The "Retirement Departure" section 4. 1. 3 is extended subject to application of provisions of Article L. 1237-7 of the Labour Code.
The last paragraph of section 4. 1. 3 is extended subject to the application of the provisions of articles L. 1237-7 and R. 1234-4 of the Labour Code.
The last sentence of the last paragraph of Article 5. 1. 2 is extended subject to the application of the provisions ofarticle D. 3131-6.
The third paragraph of Article 5. 2. 1 is extended subject to application of provisions of Article L. 3121-4 of the Labour Code which provides that the share of travel time that coincides with the work schedule does not result in any loss of pay.
Article 5. 5 is extended subject to the publication of the decree in which the equivalence regime is approved, in accordance with provisions of Article L. 3121-9 of the Labour Code.
The second paragraph of Article 5. 6. 2 is extended subject to application of provisions of Article L. 3121-40 of the Labour Code that the package agreement requires the employee's agreement and is established in writing.
The fourth paragraph of (a) of Article 5. 6. 3 is extended subject to application of provisions of Article L. 3121-40 of the Labour Code that the package agreement requires the employee's agreement and is established in writing.
The twelfth paragraph of (b) of Article 5. 6. 3 is extended subject to provisions of Article L. 3121-45 of the Labour Code in its drafting from the above-mentioned Act of 20 August 2008 which provides that the employee who wishes it may, in agreement with his employer and without the need for a collective agreement, give up days of rest in return for an increase in his salary.
The last paragraph of c of Article 5. 6. 3 is extended subject to the application of the provisions of Title IV of Book I of Part III of the leave-related Labour Code.
Article 6. 4 is extended subject to application of provisions of Article L. 3142-1 of the Labour Code.
The salary grid under Part VII is extended subject to the application of the regulatory provisions establishing the interprofessional minimum wage for growth.
The Schedule to Title VII Jobs "live entertainment and event" is extended subject to the application of articles L. 1242-2 and D. 1242-1 of the Labour Code, as interpreted by the Court of Cassation (Cass., No. 06-43040 and No. 06-44197 of 23 January 2008), the use of successive contracts is justified by objective reasons which mean the existence of precise and concrete elements establishing the temporary nature of employment.
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.
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, October 21, 2008.
For the Minister and by delegation:
The Director General of Labour,
J.-D. Combrexelle
