Key Benefits:
The Minister of Labour, Solidarity and the Public Service,
Vu le Labour codeincluding article L. 2261-15;
In view of the decision of 23 February 2000 and the subsequent decrees, including the order of 18 December 2009, extending the national collective agreement of service providers personnel in the tertiary sector of 13 August 1999 and amending or supplementing it;
Considering the advent of 13 May 2009 to the agreement of 13 February 2006 on specific provisions for commercial animation entered into under the aforementioned national collective agreement;
Considering the request for extension submitted by signatory organizations;
Considering the opinion published in the Official Journal of 8 May 2010;
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 on 2 July 2010,
Stop it!
For all employers and all employees included in the scope of the national collective agreement of service providers' staff 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 relevant framework of 13 May 2009 to the agreement of the national agreement
Section 5 "Additional costs" is extended subject to the application of the principle, laid down by the jurisprudence of the Court of Cassation (e.g., Cass., Soc., September 23, 2009, no., for the purposes of 07-44477), according to which the professional costs incurred by the employee (i.e., exposed for the needs of the professional activity and in the interests of the employer) are borne by the employer, except by the agreement.
The extension of the effects and sanctions of the above-mentioned actor shall take effect from the date of publication of this order for the remaining period and the conditions provided for by the said actor.
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, July 28, 2010.
For the Minister and by delegation:
The Director General of Labour,
J.-D. Combrexelle
Note. ― The text of the above-mentioned decision was published in the Official Bulletin of the Ministry, collective agreements no. 2010/13, available at the Legal and Administrative Information Directorate's Documentation Centre, 29-31, Voltaire Quay, Paris (7th).
