Order Of 23 December 2009 On The Extension Of Agreements And A Supplementary Agreement Concluded In The Framework Of The National Collective Agreement Of Artistic And Cultural Enterprises (No. 1285)

Original Language Title: Arrêté du 23 décembre 2009 portant extension d'accords et d'un avenant conclus dans le cadre de la convention collective nationale des entreprises artistiques et culturelles (n° 1285)

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JORF n ° 0302 on December 30, 2009 page 22780 text no. 105 order of December 23, 2009 with extension of agreements and a supplementary agreement concluded in the framework of the national artistic and cultural companies (No. 1285) collective agreement NOR: MTST0931722A ELI: not available the Minister of labour, social relations, family, solidarity and the city , Having regard to the code of the work, including its article L. 2261-15;
Seen the Decree of 4 January 1994 and successive orders, including the order of April 21, 2009, on the extension of the national collective agreement of artistic and cultural enterprises January 1, 1984 and the texts supplementing it or amending it.
Having regard to the agreement of 20 February 2009 concerning the updating of the above-mentioned collective agreement;
Having regard to the agreement of March 27, 2009, wages, concluded in the framework of the abovementioned collective agreement;
Having regard to the endorsement of June 18, 2009, the trial period, to the abovementioned collective agreement;
Having regard to the request for extension submitted by the signatory organizations;
Having regard to the opinion published in the Official Journal of May 21, 2009, 4 July 2009-14 August 2009;
Having regard to the opinions collected during the investigation;
Having regard to the reasoned opinion of the National Board of the negotiation collective (Subcommittee on conventions and agreements) made during the meeting of December 15, 2009, stop: section 1 are made mandatory for all employers and all including employees in the scope of the national collective agreement of business arts and culture January 1, 1984, as it follows from the agreement of 20 February 2009 concerning the updating of the above-mentioned collective , the provisions of: ― the agreement of 20 February 2009 concerning the updating of the above-mentioned collective agreement.
The words "the national plan" in articles II - 3 and II-4 are excluded from the extension as being contrary to the case law of the Court of cassation (Cass. Soc. May 29, 2001, Cegelec), for which it follows from the principle of equality in constitutional value that the provisions of a collective agreement which tend to improve the exercise of the right to organize are automatically applicable to all and in particular to the 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 the staff delegates who perform the economic functions of the Enterprise Committee in the absence of the latter, and as a result of deficiency in the last elections are also 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, article l. 1221-1 of the code of labour and sections 1101 and 1102 of the civil code for which the contract of employment exists from the moment where an employee agrees to work, for remuneration, on behalf and under the direction of the employer and, on the other hand Article L. 1221-20 of the labour code whereby the trial period, which must be located at the beginning of the execution of the contract of employment, is to allow the employer to assess the qualifications of the employee in his work, especially in view of his experience, and the employee to assess if the duties performed suit.
The term 'complementary' in the last paragraph of article V-13. 1 is excluded as being contrary to the provisions of articles L. 3123-31 to L. 3123-37 of the labour code.
The term 'complementary' in the second, third, fourth and fifth paragraphs of article V-13. 5 should be excluded as being contrary to the provisions of articles L. 3123-31 to L. 3123-37 of the labour code.
The words "in the absence of definitive planning, for a duration of 7 hours' to the c of article VI-3 relating to the reference periods of the organisation of working time 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 "are not eligible for compensatory rest" in article VI-8 concerning the hours worked under ATT are excluded from the extension as being contrary to the provisions of II of article 18 of Act No. 2008-789 of August 20, 2008, renovation of social democracy and reform of working time, which repealed the compensatory mechanism.
The terms "equivalent time" in article VIII-1 c. 1 matter of counting travel time / actual working time are excluded from the extension as being contrary to the provisions of article l. 3121-9 of the labour code.
The words "in time of equivalence' in the first and second paragraphs of article VIII-4. 4 "(actual working time + time equivalence)", in the first paragraph of article VIII-4. 4 and on the equivalence when large travelling time' in the first subparagraph of article XV-3. 3 are excluded from the extension as being contrary to the provisions of article l. 3121-9 of the labour code.
Article VIII-3. 4 on the resting compassionate travel is excluded from the extension as not fulfilling the conditions laid down in article d. 3131-6 of the labour code.
The second paragraph of article VIII-4. 4 on time transport, and other daily and weekly time is excluded from the extension as being contrary to the provisions of articles L 3121-1 and L. 3121-22 of the labour code, which provides that a qualified workforce working time is recorded to determine working time and the eventual overstay legal or contractual established for the start of overtime and their increase.
' Before the age of 65"to articles XII-2 B. 1 3, XII-2. 1 6-XII-2. 2 3 are excluded as being contrary to the provisions of article l. 1132-1 of the labour code.
Article XV-1. 3 concerning performers engaged in TDCI is excluded as being contrary to the provisions of articles L. 1221-19, L. 1221-21 and L. 1221-23 of the labour code.
Article XV-1. 4 concerning the notice and the termination of the contract is excluded from the extension as being contrary to the provisions of articles L. 1221-25 and L. 1221-26 of the labour code.
Article XVI-1. 3 concerning the trial period of lyrical artists engaged in TDCI is excluded as being contrary to the provisions of articles L. 1221-19, L. 1221-25 and L. 1221-26 of the labour code, which fix lifetimes less than those laid down 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 trade union display occurs freely on panels reserved for that purpose and made available by each Union.
The penultimate paragraph of article II-4 is extended subject to the application of the provisions of article l. 2142-8 of the labour code which it follows that, on the one hand, in undertakings or establishments over 200 employees, the employer puts at the disposal of the Union sections a local common and, on the other hand, in enterprises with 1,000 employees and more, the employer puts at the disposal of each trade union branch of a trade union representative an own local.
The fourth paragraph of article III-1. 1 in the matter of the designation is extended subject to the application of the provisions of paragraphs 1 and 2 of article l. 2314-3 of the labour code.
The third paragraph of article III-1. 3 relative to the 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 indicates that the deadlines for two days to pass requests and six days to provide the answers are recorded as working days.
The tenth paragraph of article III-1. 3 relative to the operation is 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 shall be extended subject to the application of the provisions of the second paragraph of article R. 4624-10 of the labour code pursuant to which employees subject to medical supervision strengthened pursuant to the provisions of article R. 4624-19 of the same code enjoy this review before hiring.
The eighth paragraph of article VI-15 on 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 there must be also taken into account public holidays holidays in the company.
Title X to the remuneration for work is extended subject to the application of the provisions of article l. 2241-9 of the labour code, which provide that the annual negotiations on salaries also aims to define and program measures to eliminate differences in pay between women and men before December 31, 2010.
The last paragraph of article X-2 relating to the guarantee of real wage growth 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 on the packages is extended subject to the application of the provisions of article L. 3121-41 of the labour code under which the remuneration of the employee packages in hours must be at least equal to the minimum salary applicable in the company for the number of hours corresponding to the package, plus increases for overtime provided for in article L. 3121-22 of the labour code.

The last paragraph of article X-4. 5 relating to the compensation of employees under a part-time contract is extended subject to the application of article 12 of the Act of 19 January 2000 on the reduction negotiated working time, that secures the device of annualized part-time.
Article X-4. 9 relating to the increase of the hours of night pay is extended subject to the application of the provisions of article L. 3122-31 of the labour code which it follows that it cannot be done as only casual work at night.
Article XII-2. 1-3 Gama on exclusions and limitations on warranties extended subject to the application of the combined provisions of articles L 2221-1 and L. 2261-19 of the labour code, which on the one hand provide that the purpose of relations of the conventions is the determination of the relations between employers and employees, including with regard to social guarantees of employees and on the other hand to be able to be extended the convention industry, their endorsements or annexes should have been negotiated and concluded in the Joint Committee.
Article XII-2. 3. 2 on the pooling of risk shall be extended subject to the application of article L. 912 - 1 of the code of social security which establishes in its first paragraph the principle of compulsory membership to the organization designated insurer and the second paragraph an obligation to adapt previously subscribed companies covers and offering equivalent guarantees. Thus the possibility of not adhering to the system of branch is limited to only enterprises which have, risk by hazard, of foresight to strictly higher level coverage.
Article XVI-1. 4 control of skills matter is extended subject to the application of the provisions of article l. 4624-1 of the labour code.
The grid of salary of the annex relating to the remuneration of other artistic jobs is extended subject to the application of the regulations establishing the minimum wage growth;
― the agreement of March 27, 2009, wages, concluded in the context of the abovementioned collective agreement, subject to the application of the provisions of article l. 2241-9 of the labour code, which provide that the annual negotiations on salaries also aims to define and program measures to eliminate differences in pay between women and men before December 31, 2010.
Section 2 salary grid. 1 in the matter of the adjustment of minimum wages of article X. 4 is extended subject to the application of the regulations establishing the minimum wage growth.
Section 2 salary grid. 2. 1 on the conventional minima of artists engaged in artistic and cultural companies shall be extended subject to the application of the regulations establishing the minimum wage growth;
― the amendment of June 18, 2009, relating to the trial period, to the abovementioned collective agreement.
The second paragraph of article V-4 is extended subject to the application of the provisions of the second paragraph of article R. 4624-10 of the labour code pursuant to which employees subject to medical supervision strengthened pursuant to the provisions of article R. 4624-19 of the same code enjoy this review before hiring.


Article 2 the extension of effects and penalties of agreements and the amendment referred to above is made from the date of the publication of this order for the remainder and the conditions laid down by agreements and said original endorsement.


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 at Paris, on December 23, 2009.
For the Minister and by delegation: the Director-general of labour, j.. Chong note. ― The abovementioned texts have been published in the official Bulletin of the Ministry, fascicles conventions collective No. 2009/17, 2009/23 and 2009/31, available at the Direction of the official journals, 26, rue Desaix, 75727 Paris Cedex 15, at a price of €8.20.

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