Key Benefits:
Minister of Labour, Social Relations, Family, Solidarity and the City,
Vu le Labour codeincluding article L. 2261-15;
In view of the decision of 23 February 2000 and the subsequent orders, including the order of 19 November 2008 to extend the national collective agreement of service providers personnel in the tertiary sector of 13 August 1999 and to amend or supplement it;
Considering the agreement of 28 May 2009 on professional equality between men and women concluded under the collective agreement of service providers staff in the tertiary sector;
Considering the request for extension submitted by signatory organizations;
Considering the opinion published in the Official Journal of 11 September 2009;
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 15 December 2009,
Stop it!
For all employers and employees included in the scope of the national collective agreement of service providers personnel in the tertiary sector of 13 August 1999, as amended by the amendments of 20 December 1999 and 24 March 2005, excluding the translation activity referred to in paragraph 4 of Article 1 of the common provisions of the collective agreement, the provisions of the agreement of 28 May 2009 concerning professional equality
The second paragraph of Article 5 is extended subject to compliance provisions of Article L. 3221-3 of the Labour Code.
The fourth paragraph of Article 5 is extended subject to the application of provisions of Article L. 1225-26 of the Labour Code, the remuneration of employees, heard in the sense ofArticle L. 3221-3 of the Labour Code, during maternity leave to be increased, as a result of such leave, general increases and the average of individual increases received during the period of such leave by employees in the same occupational category or, if not, the average of individual increases in the company.
The last paragraph of Article 7 is extended subject to compliance provisions of Article L. 6323-2 of the Labour Code, the periods of absence of the employee for parental leave, family support, or for parental education leave to be taken into account in calculating the entitlements open to the DIF.
The second paragraph of Article 8 is extended subject to compliance provisions of Article L. 6323-2 of the Labour Code, the periods of absence of the employee for family support leave to be taken into account in calculating the entitlements opened under the DIF.
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 18, 2009.
For the Minister and by delegation:
The Director General of Labour,
J.-D. Combrexelle
Note. ― The text of the above-mentioned agreement was published in the Official Gazette of the Ministry, fascicle collective agreements no 2009/35, available at the Directorate of Official Journals, 26, rue Desaix, 75727 Paris Cedex 15, at a price of €8.20.
