Key Benefits:
Minister of Labour, Social Relations, Family and Solidarity,
Considering the Labour Code, including its article L. 2261-15;
In view of the decree of 28 February 1979 and the successive decrees, including the order of 27 October 2008, extending the national collective agreement of the dental prosthesists and personnel of the dental prostheses laboratories of 18 December 1978, updated by the agreement of 2 May 2001, and the texts that amended or supplemented it;
Having regard to the agreement of 24 September 2007 on the development of vocational training concluded under the above-mentioned collective agreement;
Considering the request for extension submitted by signatory organizations;
Considering the opinion published in the Official Journal of 1 April 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 of 27 November 2008,
Stop it!
For all employers and all employees included in the scope of the national collective agreement of dental prosthesists and dental prostheses laboratories of 18 December 1978, as amended by the advent of 26 January 1996 and the agreement of 2 May 2001, the provisions of the agreement of 24 September 2007 on the development of vocational training concluded under the aforementioned collective agreement, excluding:
- the last paragraph of Article 5, the last point in paragraph 3 of Article 15-1, the fourth point of the first dash of Article 15-2 and Article 16-3, as being contrary to the provisions of Article R. 6332-78 of the Labour Code;
- words: "as of January 1 following the signing of the agreement" in the first paragraph of Article 12-1, as being contrary to the provisions of Law of 4 May 2004 relating to vocational training throughout life and social dialogue, according to which the employee receives twenty hours of training from 7 May 2005;
―the terms "in particular according to the amount of the contribution received in that respect" in the penultimate, as contrary to the provisions of articles L. 6332-7 and R. 6332-16 of the Labour Code.
The first paragraph of Article 9-1-6 (nature of the contract) is extended subject to the application of provisions of Article D. 6325-1 of the Labour Code.
The eighth paragraph of Article 12-1 is extended subject to the application of provisions of Article L. 6323-3 of the Labour Code.
The last paragraph of section 12-2 is extended subject to the application of the provisions of articles L. 6331-21 and R. 6331-23 of the Labour Code.
Section 15-1 is extended subject to application of provisions of Article L. 6331-14 of the Labour Code.
The last draw of the last paragraph of Article 15-1 and the last point of Article 15-2 shall be extended subject to the application of the provisions of Articles L. 6331-21 and R. 6331-23 of the Labour Code.
The second drawer of the last paragraph of Article 15-1 and the second point of the second dash of Article 15-2 shall be extended subject to the application of provisions of Article D. 6332-89 of the Labour Code.
The extension of the effects and sanctions of the above-mentioned agreement shall be made on the date of the publication of this order for the remaining period and the conditions provided for in that 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, December 1, 2008.
For the Minister and by delegation:
Deputy Director of Individual Relations
and collective labour,
E. Frichet-Thirion
Note. ― The text of the above-mentioned agreement was published in the Official Bulletin of the Ministry, fascicle collective agreements no. 2007/43, available at the Directorate of Official Journals, 26, rue Desaix, 75727 Paris Cedex 15, at a price of 8 €.
