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Order Of 23 March 2011 With Extension Of Agreements Concluded In The Framework Of The National Collective Agreement Of Artistic And Cultural Enterprises (No. 1285)

Original Language Title: Arrêté du 23 mars 2011 portant extension d'accords conclus dans le cadre de la convention collective nationale des entreprises artistiques et culturelles (n° 1285)

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JORF n ° 0082 dated April 7, 2011 page 6218
text #73




Order of 23 March 2011 extending d ' agreements concluded within the framework of the national collective agreement for artistic and cultural enterprises (point 1285)

NOR: ETST1108313A ELI: Not available


The Minister of Labour, Employment and Health,
Seen job code, Article L. 2261-15;
Having regard to the Order of 4 January 1994 and the successive orders extending the national collective agreement for artistic and cultural undertakings of 1 January 1984 and the texts which amended it or Completed;
Having regard to the agreement of 22 February 2010 on the social dialogue concluded in the framework of the aforementioned collective agreement;
Having regard to the agreement of 25 May 2010 on the consequences of the non-extension of certain articles, concluded in the framework The above collective agreement;
Due to requests for extension By the signatory organisations;
In view of the opinions published in the Official Journal of 19 August and 21 October 2010;
In view of the opinions gathered during the investigation;
In view of the reasoned opinion of the National Commission for Collective Bargaining (Sub-Committee on Conventions and Agreements), delivered at the meeting on 15 March 2011,
Stop:

Item 1 provisions of article L. 2232-12 of the labor code. In addition, the fourth paragraph of the I-5.1 is extended subject to compliance with the provisions of L. 2232-12 of the Code. Thatagreement signed within a company by one or more trade union representatives, in order to be valid, must not be opposed by one or more trade union organisations of representative employees who have Collected the majority of the votes cast in the last Professional elections, more than 50 %.
The first paragraph of c of I-5.1 is extended to the exclusion of the words: At the national level " As contrary to the provisions of Article L. 2232-24 of the Labour Code, according to which, in undertakings The employer may negotiate business agreements with one or more employees specifically mandated by one or more representative trade union
in the branch. The fifth paragraph of the c of I-5.1 is extended to the exclusion of Terms: " By the majority of the employees of the company " As contrary to the provisions of Article L. 2232-27 of the Labour Code according to which an agreement signed by one or Several employees in a company without union representatives must be approved by the employees, by a majority of the votes cast.
The I-5.2 is extended subject to the application of the provisions of law n ° 2008-789 of 20 August 2008 on the renovation of social democracy and the reform of working time which changes the hierarchy of standards and gives priority to the enterprise agreement on the organisation of working time.
The second paragraph of the I-5.3 is extended subject to the application of the provisions of Article L. 2232-22 of the Labour Code, the Committee Joint action to ensure that the collective agreement submitted to The examination does not violate the applicable laws, regulations and treaty provisions.
The seventh indent of the first subparagraph of I-6 is extended to the exclusion of the words: All or part " As contrary to the provisions of article L. 2232-21 of the Labour Code, which do not allow for validation Part of the agreements with the elected representatives of the staff;
-the agreement of 25 May 2010 on the consequences of the non-extension of certain articles, concluded under the aforementioned collective agreement.
The second Paragraph of the fifth paragraph of Article III-1.3 as amended Article 1 shall be extended subject to the application of the provisions of Article L. 2326-1 of the Labour Code, the Single delegation of staff that can be put in place in enterprises with fewer than 200 employees.

Article 2


The extension of effects and Sanctions of the aforementioned agreements shall take effect from the date of Publication of this Order for the remainder of the period and the conditions set out in those agreements.

Article 3


The Director General of the Work is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Dated on March 23, 2011.


For the Minister and by delegation :

The general manager of the job,

J.-D. Combrexelle


Note. -The texts of the aforementioned agreements have been published in the Official Bulletin of the Ministry, collective agreements n ° s 2010/30 and 2010/34, available at the documentation centre of the legal and administrative information management, 29-31, dock Voltaire, Paris (7th).


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