Key Benefits:
Minister of Labour, Social Relations, Family, Solidarity and the City,
Given the Labour Code, including its article L. 2261-15 ;
In view of the decree of 4 January 1994 and subsequent decrees, including the order of 21 April 2009, extending the national collective agreement of artistic and cultural enterprises of 1 January 1984 and the texts supplementing or amending it;
Considering the agreement of 20 February 2009 on the updating of the aforementioned collective agreement;
Having regard to the agreement of 27 March 2009 on wages, concluded under the above-mentioned collective agreement;
Having regard to the date of 18 June 2009, concerning the trial period, to the above-mentioned collective agreement;
Considering the request for extension submitted by signatory organizations;
Having regard to the announcements in the Official Journal of 21 May 2009, 4 July 2009 and 14 August 2009;
Considering the opinions collected during the investigation;
Considering the reasoned opinion of the National Collective Bargaining Commission (subcommission of agreements and agreements) rendered at the meeting of 15 December 2009,
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For all employers and all employees included in the scope of application of the national collective agreement of artistic and cultural enterprises of 1 January 1984, as a result of the agreement of 20 February 2009 on the updating of the aforementioned collective agreement, the provisions of:
– the February 20, 2009 agreement on the updating of the aforementioned collective agreement.
The terms "nationally" in articles II-3 and II-4 are excluded from the extension as contrary to the jurisprudence of the Court of Cassation (Cass. soc. 29 May 2001, Cegelec), for which it is the result of the principle of equality with constitutional value that the provisions of a collective agreement that tend to improve the exercise of the right to trade union are applicable in full right to all and in particular to representative trade unions.
The fifth paragraph of Article III-1. 3 is excluded from the extension as being contrary to the provisions of Article L. 2315-2 of the Labour Code, which provides that staff delegates who exercise the economic responsibilities of the business committee in the absence of the latter and as a result of deficiencies in the last elections also receive a credit of 20 hours per month.
The fourth paragraph of Article V-4 is excluded as being contrary to the provisions, on the one hand, of Article L. 1221-1 of the Labour Code and Articles 1101 and 1102 of the Civil Code for which the employment contract exists at the time the employee undertakes to work, for remuneration, on behalf of and under the direction of the employer and, on the other hand, of Article L. 1221-20 of the Labour Code
The term "additional" in the last paragraph of Article V-13. 1 is excluded as contrary to the provisions of articles L. 3123-31 to L. 3123-37 of the Labour Code.
The term "additional" in the second, third, fourth and fifth paragraphs of Article V-13. 5 should be excluded as contrary to the provisions of articles L. 3123-31 to L. 3123-37 of the Labour Code.
The terms "in the absence of a final schedule, for a period of 7 hours" in c of Article VI-3 relating to periods of reference of work time development are excluded from the extension as being contrary to the combined provisions of Articles L. 3122-2 and L. 3171-1 of the Labour Code.
The terms "do not open the right to compensatory rest" in Article VI-8 relating to the hours carried out under the TTA are excluded from the extension as being contrary to the provisions of Article 18 II of Law No. 2008-789 of 20 August 2008 on the renewal of social democracy and the reform of working time, which repealed the mechanism of compensatory rest.
The terms "equivalence time" in c of Article VIII-1. 1 relating to the actual travel time/work time count is excluded from the extension as contrary to the provisions of Article L. 3121-9 of the Labour Code.
The terms "in equivalence time" in the first and second paragraphs of Article VIII-4. 4 "(actual working time + equivalence time)" in the first paragraph of Article VIII-4. 4 and "with respect to the time of equivalence during large movements" in the first paragraph of Article XV-3. 3 are excluded from the extension as contrary to the provisions of Article L. 3121-9 of the Labour Code.
Article VIII-3. 4 relating to rest on the occasion of displacement is excluded from the extension as failing to meet the conditions set out in article D. 3131-6 of the Labour Code.
The second paragraph of Article VIII-4. 4 relating to the transport time and other daily and weekly times is excluded from the extension as contrary to the provisions of articles L. 3121-1 and L. 3121-22 of the Labour Code, which provides that a working time qualified as a workforce is counted to determine the working time and the eventual exceedance of the legal or conventional period established for the initiation of overtime and their increase.
The words "before age 65" in the B of Articles XII-2. 1. 3, XII-2. 1. 6 and XII-2. 2. 3 are excluded as contrary to the provisions of Article L. 1132-1 of the Labour Code.
Article XV-1. 3 relating to musicians engaged in the Commission is excluded as contrary to the provisions of articles L. 1221-19, L. 1221-21 and L. 1221-23 of the Labour Code.
Article XV-1. 4 relating to the notice and termination of the contract is excluded from the extension as contrary to the provisions of articles L. 1221-25 and L. 1221-26 of the Labour Code.
Article XVI-1. 3 relating to the trial period of lyrical artists engaged in CDI is excluded as contrary to the provisions of articles L. 1221-19, L. 1221-25 and L. 1221-26 of the Labour Code, which set periods less than those provided for in this article.
The third paragraph of Article II-4 is extended subject to the application of the provisions of Article L. 2142-3 of the Labour Code, which provides that the trade union display is carried out freely on panels reserved for this purpose and made available to each trade union section.
The last paragraph of Article II-4 is extended subject to the application of the provisions of Article L. 2142-8 of the Labour Code, which results in the fact that, on the one hand, in the enterprises or establishments of more than 200 employees, the employer shall make available to the union sections a common premises and, on the other, in the enterprises of 1,000 employees and more, the employer shall make available to each union section of the local union.
The fourth paragraph of Article III-1. 1 relating to designation shall be extended subject to the application of the provisions of Article L. 2314-3, paragraphs 1 and 2 of the Labour Code.
The third paragraph of Article III-1. 3 relating to operation shall be extended subject to the application of the provisions of Article L. 2315-12, paragraphs 1 and 2, of the Labour Code, which shows that the two-day delays to transmit the requests and six days to provide the answers shall be recorded in working days.
The tenth paragraph of Article III-1. 3 relating to operation shall be extended subject to the application of the provisions of Article L. 2315-6 of the Labour Code.
The second paragraph of Article V-4 relating to the trial period is extended subject to the application of the provisions of the second paragraph of Article R. 4624-10 of the Labour Code under which employees subject to enhanced medical supervision under the provisions of Article R. 4624-19 of the same Code are entitled to this review before hiring.
The eighth paragraph of Article VI-15 relating to measures applicable to executives is extended subject to the application of the provisions of Article L. 3121-45 of the Labour Code, which provides that it must also be taken into account the holidays that have been missed in the company.
Title X on pay for work is extended subject to the application of the provisions of Article L. 2241-9 of the Labour Code, which provides that the annual wage negotiations are also intended to define and schedule measures to eliminate pay gaps between women and men by December 31, 2010.
The last paragraph of Article X-2 relating to the guarantee of real wage progression is extended subject to the application of the provisions of Articles L. 1225-54, L. 3142-12, L. 3142-37, L. 3142-44, L. 3142-56, L. 6322-13, L. 6322-46, L. 6322-59 of the Labour Code.
The penultimate paragraph of Article X-4. 4 for packages shall be extended subject to the application of the provisions of Article L. 3121-41 of the Labour Code that the remuneration of the employee in hours shall be at least equal to the minimum remuneration 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 of the Labour Code.
The last paragraph of Article X-4. 5 relating to the remuneration of employees under a part-time contract is extended subject to the application of section 12 of the Act of 19 January 2000 on the reduction trades in working time, which secures the device of the annualized part-time.
Article X-4. 9 concerning the increase in the pay of the hours of night shall be extended subject to the application of the provisions of Article L. 3122-31 of the Labour Code, which results in the application of only the occasional night work.
Article XII-2. 1. 3 Gama relating to exclusions and limitations of guarantees is extended subject to the application of the combined provisions of articles L. 2221-1 and L. 2261-19 of the Labour Code, which have on the one hand that the purpose of the relations of the conventions is the determination of collective relations between employers and employees, especially with regard to the social guarantees of employees and on the other hand that to be extended, the branch agreement, their negotiated and annexes
Article XII-2. 3. 2 relating to the mutualization of risk is extended subject to the application of Article L. 912-1 of the Social Security Code, which in its first paragraph lays down the principle of compulsory membership to the designated insurer and in the second paragraph the obligation to adapt the previously subscribed business coverage and providing equivalent level guarantees. Thus the possibility of not joining the branch system is limited to the only companies that have, risk by risk, a strictly higher-level foresight coverage.
Article XVI-1. 4 on the control of competence is extended subject to the application of the provisions of Article L. 4624-1 of the Labour Code.
The salary grid of the Schedule on compensation for non-artistic employment is extended subject to the application of the regulatory provisions establishing the interprofessional minimum wage for growth;
― the agreement of March 27, 2009, on wages, entered into under the above-mentioned collective agreement, subject to the application of the provisions of Article L. 2241-9 of the Labour Code, which provide that the annual wage bargaining is also intended to define and program measures to eliminate the pay gap between women and men by December 31, 2010.
The salary grid of section 2. 1 relating to the revalorization of the minimum wages of Article X. 4 is extended subject to the application of the regulatory provisions establishing the minimum interprofessional salary of growth.
The salary grid of section 2. 2. 1 concerning the conventional minima of artists engaged in artistic and cultural enterprises is extended subject to the application of the regulatory provisions establishing the minimum interprofessional salary of growth;
– the June 18, 2009 decision on the trial period, the collective agreement referred to above.
The second paragraph of Article V-4 shall be extended subject to the application of the provisions of the second paragraph of Article R. 4624-10 of the Labour Code under which employees subject to enhanced medical supervision under the provisions of Article R. 4624-19 of the same Code shall be subject to such examination before hiring.
The extension of the effects and sanctions of the above-mentioned agreements and amendments shall be made on the date of the publication of this order for the remaining period and the conditions provided for by the said agreements and so forth.
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 23, 2009.
For the Minister and by delegation:
The Director General of Labour,
J.-D. Combrexelle
Note. ― The above-mentioned texts were published in the Official Journal of the Ministry, fascicles collective agreements no. 2009/17, 2009/23 and 2009/31, available at the Directorate of Official Journals, 26, rue Desaix, 75727 Paris Cedex 15, at a unit price of 8,20 €.
