Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, and of the Minister of Labour, Solidarity and the Public Service,
Having regard to Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on the safety of community railways and amending Council Directive 95/18/EC on the licences of railway companies, as well as Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the distribution of railway infrastructure capacities, the pricing of railway infrastructure and security certification;
Having regard to Council Directive 2005/47/EC of 18 July 2005 on the agreement between the European Rail Community (CER) and the European Federation of Transport Workers (ETF) on certain aspects of the conditions of use of mobile workers performing cross-border interoperability services in the railway sector;
Vu le Labour code ;
Vu le Criminal code ;
Vu le Decree No. 2006-1279 of 19 October 2006 concerning the safety of railway traffic and the interoperability of the railway system;
Vu le Decree No. 2007-353 of 17 March 2007 on the day-to-day work of night workers and weekly rest for certain employees in the transport sector and amending the Labour code ;
After consultation with interested employer and employee organizations,
The State Council (Social Section) heard,
Decrete:
This Decree is applicable to employees of railway transport companies working in the rail freight transport sector.
It is also applicable to rolling personnel performing cross-border interoperability services referred to in Article 10.
It is not applicable to personnel subject to special rules.
For the purpose of this decree:
1° Periodic rest is a rest of at least twenty-four hours. It is taken no later than six days after the previous periodic rest;
2° The large working period is the interval between two consecutive periodic rests;
3° The area of residence is the area that surrounds the employee's duty station within a limit set by business or settlement agreement, without the removal of the duty station being greater than fifty kilometres calculated on a road map;
4° Daily rest at the residence is the rest taken in the usual residence area;
5° The daily rest off-residence is the rest taken outside the usual residence area;
6° Amplitude is the interval between the end of a daily or periodic rest and the beginning of the next daily or periodic rest.
The provisions of this title shall apply to rolling personnel, which shall include employees performing a driving or accompaniment service of a traction device other than a manoeuvring or depositing service.
The minimum working time for full-time employees during a large working period is twenty-one hours.
The amplitude of the working day cannot exceed twelve hours on average over a large working period.
It can reach fourteen hours once a large period of work in the event of the need for unforeseeable and unscheduled service, the late allocation of furrows or degraded operating situations. In this case, it shall result in the award of compensation equivalent to the reduced daily rest under the conditions set out in sections 6 and 7.
A business or settlement agreement may set an amplitude greater than twelve hours without exceeding thirteen hours when the large working period has at least two days each with breaks more than two hours.
Daily rest at the residence has a minimum duration of twelve consecutive hours per period of twenty-four hours.
It can be reduced once per large working period without being less than nine hours provided that the average daily rest period calculated on this large working period is not less than eleven hours.
When the daily rest at the residence is fixed between two daily rests outside the residence, it cannot be reduced to less than ten hours.
In the event of a reduction in the daily rest period at the residence, equivalent compensation shall be awarded under the conditions specified in theArticle D. 3131-6 of the Labour Code.
The provisions of this Article shall apply to the employee's daily rest temporarily attached to a residential area different from the employee's normal residence area. In this case, the employee benefits from taking care of his travel and accommodation expenses.
Daily off-residence rest has a minimum duration of nine consecutive hours per 24-hour period.
When the daily rest period is less than eleven hours, equivalent compensation shall be awarded under the conditions specified inArticle D. 3131-6 of the Labour Code.
A daily rest out of residence is followed by a daily rest at the residence.
It may be derogated from the provisions of the preceding paragraph within the limit of two consecutive off-residence rest under conditions fixed by convention or extended collective agreement.
A business or settlement agreement may extend this exemption to three consecutive non-residences under specific conditions that it determines. Compensation in the form of rest or, where appropriate, compensation shall be provided for in these agreements.
The rolling staff shall have one hundred and four rest periods of twenty-four hours each year, including the 24-hour periods for periodic rest.
These periods include at least twenty-five rests of a minimum duration of sixty hours, of which fourteen must include a Saturday and a Sunday or a Sunday and a Monday.
The provisions of the preceding paragraphs shall apply in proportion to the duration of their activity to employees employed in part of the year.
The simple 36-hour periodic rest must begin no later than twenty-two hours and end at no earlier than five hours the daytime.
However, in the event of unforeseeable and unscheduled operational requirements, late issuance of furrows or degraded operating situations, this period may be anticipated or delayed within a maximum of three hours. In this case, the total duration of this rest is increased by a time equivalent to double the difference between the scheduled time of commencement or end of this periodic rest and the time at which it has actually started or has actually ended.
The provisions of Chapter I of this heading apply to rolling personnel performing cross-border interoperability services for a period of more than one hour during a working day, subject to the modifications set out in this chapter.
Cross-border interoperability services are cross-border services for which a railway company must have at least two security certificates within the meaning of Article 10 of the Directive of the European Parliament and the Council of 29 April 2004.
The provisions of this chapter shall not apply to rolling personnel performing a local and regional cross-border passenger service or providing a cross-border freight service not exceeding fifteen kilometres beyond the border.
The equivalent compensation provided for in the fourth paragraph of Article 6 takes the form of compensation in time added to the daily rest at the following residence.
The fifth paragraph of section 6 does not apply to personnel subject to this chapter.
The business or settlement agreement referred to in the fourth paragraph of section 7 may provide for rest without consecutive residence within the limit of two.
By derogation from the second paragraph of Article 8, at least twelve of the twenty-five rests of a minimum of sixty hours for employees must include a Saturday and a Sunday.
When the day-to-day duration of the work is more than six hours, the train's rolling staff has a break of at least thirty minutes during the working day. Without prejudice to provisions of Article L. 3121-33 of the Labour Code, this break may be split into two periods.
When the day-to-day duration of the work is more than eight hours, the driver, heard as the employee whose main activity is the conduct of a traction device, enjoys a break of at least forty-five minutes during the working day. Without prejudice to provisions of Article L. 3121-33 of the Labour Code, this break may be split into two or three periods, none of which may be less than ten minutes.
Part of the break must be given between the third and the sixth working hour, subject to operational requirements.
The foregoing provisions may be adapted to the delay situations of trains by extended agreement or collective agreement, or by business or settlement agreement, provided that these agreements or agreements provide for equivalent rest periods assigned no later than the end of the following week.
The provisions of this section shall not apply if a second driver is assigned to the conduct of the train.
The driving time is the duration of a scheduled activity during which the driver is responsible for the conduct of a tensile equipment, excluding the time provided for the commissioning and decommissioning of the gear. It includes scheduled interruptions when the driver remains responsible for driving the traction gear.
The daily driving time shall not exceed nine hours.
It may not exceed eight hours if it has at least three hours during the night period defined atArticle L. 213-11 of the Labour Code (former).
In all cases, the driving time may not exceed eighty hours per two consecutive weeks.
Other tasks may be added to the conduct within the maximum daily and weekly working hours defined by articles L. 3121-34 to L. 3121-36 of the Labour Code and by theArticle L. 213-11 of the Labour Code (former).
The provisions of this title apply to sedentary staff, which includes employees other than those mentioned in Article 3.
The sedentary staff annually benefit from one hundred and four rest periods of twenty-four hours including the 24-hour periods of periodic rest.
These provisions apply proportionally to the duration of their activity to employees who are employed only part of the year.
The sedentary staff assigned to essential tasks for security is the one who has been authorized to do so pursuant to the decree of 19 October 2006 referred to above.
The amplitude of the working day cannot exceed on average twelve hours over a large working period, or thirteen hours in case of exceptional displacement. It can reach 14 hours once in a large working period.
A business or settlement agreement may set an amplitude greater than twelve hours without exceeding fifteen hours for employees who do not work on a continuous service and whose activity is directly related to the passage of trains.
The two preceding paragraphs shall apply subject to the award of compensation equivalent to the reduced daily rest in respect of provisions of Article D. 3131-6 of the Labour Code.
A daily rest of a minimum of twelve consecutive hours is assigned to the staff referred to in Article 17, with the exception of employees working by successive teams.
It is due annually at least twenty-five rests of a minimum of sixty hours, of which fourteen must include a Saturday and a Sunday or a Sunday and a Monday.
The provisions of the preceding paragraph apply in a manner commensurate with the duration of their activity to employees a part of the year.
The staff referred to in section 1 shall be entitled to a periodic rest of a minimum of twenty-four hours in addition to the duration of daily rest or rest at the residence.
In Article 2 of the above-mentioned Decree of 17 March 2007, the words: "For a transitional period, for a current period up to the date of entry into force of the decree provided for in Article 3", are deleted.
The maximum working time calculated on any period of twelve consecutive weeks is set at forty-six hours.
In the absence of a collective work schedule, a table showing the programming of daily work and rest hours is communicated in advance to each employee concerned.
The duration of the work of each employee shall be deducted as follows:
1° Daily, by recording, by any means, hours of beginning and end of each work period or by the number of hours worked;
2° Each week, by recapitulation according to all means of the number of hours worked by each employee.
All documents referred to in this section are retained for one year by the employer and are available to inspectors and labour controllers and staff delegates.
I. - Is punished by the fine provided for the fourth class contraventions that the employer fails to understand the provisions:
1° Article 5 on the amplitude of the working day of the rolling staff;
2° Article 6 on the duration of daily rest at the residence of the rolling staff;
3° Of the 1st and 2nd paragraphs of Article 7 on the duration of daily rest outside the residence of the rolling staff;
4° Of the 3rd and 4th paragraphs of Article 7 on the succession of daily rest at the residence and out of residence of the rolling staff;
5° From the 1st paragraph of Article 8 on the number of periodic rest of the rolling staff;
6° From the second paragraph of Article 8 on frequency and duration of rest including a Sunday for rolling staff;
7° Article 9 on the duration of the simple periodic rest of the rolling staff;
8° Article 11 on the frequency of daily rest at the residence of cross-border interoperability wheelchairs;
9° Article 12 on the frequency of rest including a Saturday and a Sunday of cross-border interoperability rolling staff;
10° Article 13 on breaks related to the daily working hours of cross-border interoperability rolling personnel;
11° Article 14 on the daily life of the personal driving time of cross-border interoperability;
12° Article 16 on the number of rests of twenty-four hours of sedentary staff;
13° Article 18 on the amplitude of work of sedentary security personnel;
14° Article 19 on the daily rest of the security sedentary staff;
15° Article 20 on the number of sixty-hour rest assigned to the sedentary security personnel;
16° Article 23 on the average maximum weekly duration over a twelve-week period;
17° From the first paragraph of Article 24 on the prior communication to the employee of the schedule of daily working hours;
18° From the 2nd to 4th paragraphs of Article 24 on the terms and conditions of recording and recapitulation of hours performed.
II. - The failure to know the provisions of Article 21 shall be punished by the fine provided for the offences of the fifth class. Recidivism is repressed in accordance with articles 132-11 and 132-15 of the Criminal Code.
III. - Offences are found by the officers mentioned in Articles L. 8112-1 and L. 8112-5 of the Labour Code.
IV. - Contraventions give rise to as many fines as there are unduly employed employees.
The Minister of State, Minister of Ecology, Energy, Sustainable Development and the Sea, in charge of green technologies and climate negotiations, the Minister of State, Guard of Seals, Minister of Justice and Freedoms, the Minister of Labour, Solidarity and the Public Service and the Secretary of State for Transport are responsible, each with regard to it, for the execution of this Decree, which will be published in the French Republic.
Done in Paris, 27 April 2010.
François Fillon
By the Prime Minister:
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
Jean-Louis Borloo
The state minister, keep seals,
Minister of Justice and Freedoms,
Michèle Alliot-Marie
The Minister of Labour,
of solidarity
and the Public Service,
Eric Woerth
Secretary of State
Transport Officer
Dominic Bussereau
