Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Labour, Employment, Vocational Training and Social Dialogue,
Having regard to the Constitution, including articles 38 and 73;
Vu le Civil code ;
Vu le Criminal code ;
Vu le general code of territorial authorities ;
Vu le Trade code ;
Vu le code of mutuality ;
Considering the Civil Procedure Code;
Vu le Intellectual Property Code ;
Considering the rural code and the maritime fisheries;
Considering the transport code;
Vu le Labour code ;
Considering the Labour Code applicable to Mayotte;
Having regard to the law of 1 July 1901 concerning the contract of association;
Vu la Act No. 83-675 of 26 July 1983 the democratization of the public sector;
Vu la Act No. 2008-496 of 27 May 2008 bringing various provisions for adaptation to community law in the area of combating discrimination;
Vu la Act No. 2010-1487 of 7 December 2010 concerning the Department of Mayotte, including its article 30;
Having regard to the advice of Mayotte's General Council of 9 May 2012;
Considering the advice of the Local Finance Committee (the Standards Assessment Advisory Board) dated 3 May 2012;
The State Council (Social Section) heard;
The Council of Ministers heard,
Order:
The preliminary work code book applicable to Mayotte is replaced by the following provisions:
« PRELIMINARY LIVRE
“ GENERAL PROVISIONS
« TITRE I
"APPLICATION CHAMP
AND CULL OF EFFECTIVE SEUILS
« Single Chapter
"Art. L. 011-1.-I. ― The provisions of the present Labour code are applicable to employers of private law and their employees subject to the application in Mayotte of other legislative and regulatory provisions specific to certain professional sectors, including agricultural workers, seafarers and air travellers.
"They are also applicable to the staff of public persons employed under the conditions of private law, subject to the special provisions of the same subject-matter resulting from the statute governing that staff.
"However, the provisions of this Labour Contract Code do not apply to employees of the companies established in the departments of metropolis or overseas or in the states of the European Union sent to Mayotte by them as part of a service delivery for a period not exceeding twenty-four months. The other provisions of this code shall apply subject to the application of the second paragraph of the second paragraph of the second paragraph of the second paragraph.
“II. ― Any contract of work entered into to be executed in Mayotte shall be subject to the provisions of this Code, irrespective of the place of its conclusion and the residence or place of the head office of either party.
"The provisions of this Code shall not affect the stipulations of individual labour contracts more favourable to employees insofar as they are not contrary to the public policy provisions of this Code.
"Every attributive clause of jurisdiction included in a contract of employment is null and void.
"Art. L. 011-2.-The company that has its head office or principal place of business in Mayotte and that performs a service delivery in a metropolis or overseas department pays the employees it sends in accordance with the provisions of the extended collective agreements that apply in this department. If not, it pays them to the minimum wage of growth or the guaranteed minimum wage applicable in that department.
"Art. L. 011-3.-Criminal sanctions and the provisions of criminal procedure contained in the Labour code does not apply to Mayotte.
"Art. L. 011-4.-For the implementation of the provisions of this Code, the company's staffing is calculated in accordance with the following provisions:
« 1° Employees who hold an indeterminate full-time contract are fully considered in the company's workforce;
« 2° Employees who hold a fixed-term contract, workers made available to the company by an external company who are present in the premises of the user company and have been working there for at least one year are taken into account in the company's workforce on the prorated basis of their time of presence in the preceding 12 months. However, employees who hold a fixed-term contract or are made available by an outside company are excluded from the employee count when they replace an absent employee or whose employment contract is suspended;
« 3° Part-time employees, regardless of the nature of their work contract, are taken into account by dividing the total amount of the hours entered in their work contract by the legal duration or the conventional duration of the work.
"Art. L. 011-5.- are not considered in the calculation of the company's workforce:
« 1° The apprentices;
« 2° Holders of an initiative-employment contract, for the duration of the agreement provided for in Article L. 322-28;
« 3° Holders of an employment support contract for the duration of the agreement referred to in Article L. 322-7;
« 4° Holders of a training contract alternate to the term provided by the contract when the contract is fixed-term or until the end of the professionalization action when the contract is indefinitely.
"However, these employees are taken into account in the application of the legal provisions on the costing of occupational accidents and diseases.
« TITRE II
« RIGHTS AND FREEDOMS
IN THE COMPANIES
« Single Chapter
"Art. L. 021-1.-No one may bring to the rights of individual and collective freedoms restrictions that would not be justified by the nature of the task to be performed or proportionate to the purpose sought.
« TITRE III
“ DISCRIMINATIONS
“Chapter I
" Scope of application
"Art. L. 031-1.-The provisions of this title apply to employers of private law and their employees.
"They are also applicable to public personnel employed under the conditions of private law.
“Chapter II
« Principle of non-discrimination
"Art. L. 032-1.-No person may be excluded from a recruitment procedure or from access to an internship or to a period of training in a company, no employee may be punished, terminated or discriminated against, direct or indirect, as defined in the definition of a workerArticle 1 of Law No. 2008-496 of 27 May 2008 having various provisions for adapting to community law in the field of the fight against discrimination, in particular in respect of remuneration, within the meaning of article L. 140-3, of training, reclassification, assignment, qualification, classification, professional promotion, mutation or renewal of contract due to its origin, sex, morals, sexual orientation, age, family status or pregnancy
"Art. L. 032-2.-No employee may be punished, terminated or discriminated against under Article L. 032-1 because of the normal exercise of the right to strike.
"Art. L. 032-3.-No employee may be punished, terminated or discriminated against for testifying to the actions set out in articles L. 032-1 and L. 032-2 or for relatating them.
"Art. L. 032-4.-Any provision or action taken with respect to an employee in breach of the provisions of this chapter shall be void.
“Chapter III
“Permitted treatment differences
"Art. L. 033-1.-Section L. 032-1 is not an obstacle to treatment differences, when they meet an essential and determining professional requirement and provided that the objective is legitimate and the proportioned requirement.
"Art. L. 033-2.- Age-based treatment differences do not constitute discrimination where they are objectively and reasonably justified by a legitimate purpose, including by the desire to preserve the health or safety of workers, to promote their occupational integration, to ensure their employment, reclassification or compensation in the event of loss of employment, and where the means to achieve this purpose are necessary and appropriate.
"These differences may include:
« 1° Prohibition of access to employment or the establishment of special working conditions to ensure the protection of young people and older workers;
« 2° The maximum age for recruitment, based on the training required for the position concerned or the need for a reasonable period of employment before retirement.
"Art. L. 033-3.- Differences in treatment based on the incapacity experienced by the occupational physician because of the state of health or disability are not discrimination when objective, necessary and appropriate.
"Art. L. 033-4.-The measures taken for persons with disabilities to promote equal treatment provided for in Article L. 328-12 do not constitute discrimination.
“Chapter IV
“Actions to justice
"Art. L. 034-1.-When a dispute arises due to a lack of knowledge of the provisions of Chapter II, the candidate for a job, internship or a period of training in a company or the employee presents evidence of fact that the existence of direct or indirect discrimination, as defined in the case ofArticle 1 of Law No. 2008-496 of 27 May 2008 bringing various provisions for adaptation to community law in the area of combating discrimination.
"In view of these elements, it is the responsibility of the respondent to prove that its decision is justified by objective elements outside of any discrimination.
"The judge forms his conviction after ordering, if necessary, all the measures of instruction that he considers useful.
"Art. L. 034-2.-Representative trade union organizations at the national, departmental or corporate level may exercise all actions resulting from the application of the provisions of Chapter II.
"They may carry out these actions in favour of a candidate for employment, internship or training in a company, or an employee, under the conditions laid down in Article L. 034-1.
"The trade union organization does not have to justify a person's mandate. It is sufficient that it was notified in writing of this action and did not object to it within fifteen days of the date on which the union organization notified it of its intention to act.
"The interested party can always intervene in the proceedings initiated by the union.
"Art. L. 034-3.- Associations regularly formed for at least five years in the fight against discrimination or working in the field of disability may take legal action resulting from the application of the provisions of Chapter II.
"They may carry out these actions in favour of a candidate for employment, internship or training in a company, or of an employee, under the conditions set out in Article L. 034-1, subject to a written agreement of the employee.
"The interested party can always intervene in the proceeding initiated by the association and put an end to it at any time.
"Art. L. 034-4.-Is null and void the termination of an employee following a legal action initiated by the employee or in his or her favour, on the basis of the provisions of Chapter II, when it is established that the termination has no real and serious cause and in fact constitutes a measure taken by the employer because of this legal action. In this case, the reintegration is lawful and the employee is considered to have never ceased to occupy his employment.
"When the employee refuses to pursue the performance of the employment contract, the competent labour court shall grant him:
« 1° An allowance not less than the salaries of the last six months;
« 2° A compensation for the termination allowance provided for in Article L. 122-22 of this Code by the applicable agreement or collective agreement or employment contract.
"The judge also orders the reimbursement by the employer to the manager of the unemployment insurance plan of all or part of the unemployment benefits paid to the dismissed employee, from the day of his dismissal on the day of the pronounced judgment, within six months of compensation. This refund is ordered on an ex officio basis when the interested body did not intervene at the hearing or did not disclose the amount of the allowances paid.
"Art. L. 034-5.-An action to redress the harm resulting from discrimination is prescribed by five years from the revelation of discrimination.
"This period is not likely to be conventional.
"The damages and interests recreate the entire damage resulting from discrimination throughout its duration.
« TITRE IV
« PROFESSIONAL EQUALITY
WOMEN AND HUMAN RIGHTS
“Chapter I
" Scope of application
"Art. L. 041-1.-The provisions of this title apply to employers of private law and their employees.
"They are also applicable to public personnel employed under the conditions of private law.
“Chapter II
“General provisions
"Art. L. 042-1.- Subject to the specific provisions of this Code, no one may:
"1° Mention or mention in a job offer the sex or family situation of the wanted candidate. This prohibition is applicable for any form of advertisement relating to hiring and regardless of the characteristics of the proposed contract of work;
« 2° Refuse to hire a person, issue a transfer, terminate or refuse to renew the employment contract of an employee in consideration of sex, family situation or pregnancy on the basis of different criteria of choice by sex, family situation or pregnancy;
« 3° Take into account sex or pregnancy any measures, including compensation, training, assignment, qualification, classification, professional promotion or transfer.
"Art. L. 042-2.-When belonging to one or the other sex meets an essential and determinative professional requirement and provided that the objective is legitimate and the proportionate requirement, the prohibitions under Article L. 042-1 are not applicable.
"The list of jobs and professional activities for the purpose of which membership of one or the other sex constitutes the determinant condition, taken under theArticle L. 1142-2 of the Labour Code, applies to Mayotte.
"Art. L. 042-3.-Est null any clause of a labour agreement or collective agreement or contract of employment that reserves the benefit of any measure, to one or more employees, in consideration of sex.
"However, these provisions are not applicable where the purpose of this clause is to apply the provisions relating to the protection of pregnancy and maternity, as provided for in Articles L. 122-45 to L. 122-54.
"Art. L. 042-4.-The provisions of articles L. 042-1 and L. 042-3 do not impede the intervention of temporary measures taken solely for the benefit of women to establish equal opportunities between women and men, in particular by addressing de facto inequalities that affect the chances of women.
"These measures result in:
« 1° Either regulatory arrangements in the areas of recruitment, training, promotion, organization and working conditions;
« 2° Either stipulations of extended or extended collective agreements;
« 3° Either the implementation of the plan for professional equality between women and men.
"Art. L. 042-5.-It is the employer's responsibility to take into account the objectives of equality between women and men in the company and the measures to achieve them:
« 1° In companies without trade union delegate;
« 2° In enterprises not subject to the obligation to negotiate pursuant to the provisions of this Code expressly providing it;
« 3° In companies not covered by an extended branch agreement or agreement on equal pay between women and men.
"Art. L. 042-6.-Le articles 225-1 to 225-4 of the Criminal Code is displayed in the workplaces as well as in the premises or at the door of the premises where the hiring takes place.
“Chapter III
"Plan and contract for professional equality
« Single Section
"Art. L. 043-1.-To ensure professional equality between women and men, measures to establish equal opportunities under Article L. 042-4 may be subject to a plan for professional equality negotiated in the company.
"These measures are taken in the light of, inter alia, the report on the comparative situation of women and men provided for in Article L. 442-8.
"Art. L. 043-2.-If, at the end of the negotiations, no agreement has been reached, the employer may implement the plan for professional equality, subject to prior consultation and advice from the business committee, or, if not, staff delegates.
"Art. L. 043-3.-The plan for professional equality applies, unless the administrative authority opposes it, under conditions determined by regulation.
“Chapter IV
“Actions to justice
"Art. L. 044-1.-Where a dispute arises with respect to the application of the provisions of Articles L. 042-1 and L. 042-2, the candidate for employment, internship or training where the employee presents evidence of fact that the existence of discrimination, directly or indirectly, on the basis of sex, family status or pregnancy.
"In view of these elements, it is the responsibility of the respondent to prove that its decision is justified by objective elements outside of any discrimination.
"The judge forms his conviction after ordering, if necessary, all the measures of instruction that he considers useful.
"Art. L. 044-2.-Representative trade union organizations at the national level or in the company may bring to justice all actions resulting from the application of articles L. 140-2 to L. 140-7 relating to equal pay between women and men.
"These actions may be taken in favour of a candidate for employment, internship or training, or an employee.
"The trade union organization does not have to justify a person's mandate. It is sufficient that it was notified in writing of this action and did not object to it within fifteen days of the date on which the union organization notified it of its intention to act.
"The interested party can always intervene in the proceedings initiated by the union.
"Art. L. 044-3.-Is null and void the dismissal of an employee following a legal action initiated by or in his favour on the basis of the provisions on professional equality between women and men when it is established that dismissal has no real and serious cause and in fact constitutes a measure taken by the employer because of this legal action. In this case, the reintegration is lawful and the employee is considered to have never ceased to occupy his employment.
"When the employee refuses to pursue the performance of the employment contract, the competent labour court shall grant him:
« 1° An allowance not less than the salaries of the last six months;
« 2° A compensation for the termination allowance provided for in Article L. 122-22 or the applicable collective agreement or contract of employment.
"The judge also orders the reimbursement by the employer to the manager of the unemployment insurance plan of all or part of the unemployment benefits paid to the dismissed employee, from the day of his dismissal on the day of the pronounced judgment, within six months of compensation. This refund is ordered on an ex officio basis when the interested body did not intervene at the hearing or did not disclose the amount of the allowances paid.
“Chapter V
" Instances contributing to professional equality
"This chapter does not include legislation.
“Chapter VI
« Criminal provisions
"Art. L. 046-1.-Understanding the provisions relating to occupational equality between women and men, provided for in articles L. 042-1 and L. 042-2, is punishable by one year's imprisonment and a fine of €3,750.
"The court may also order, as a supplementary sentence, the posting of the judgment at the expense of the sentenced person under the conditions laid down in theArticle 131-35 of the Criminal Code and its insertion, integral or by extracts, in the newspapers it designates. These fees may not exceed the maximum amount of the fine incurred.
"Art. L. 046-2.-Les provisions of articles 132-58 to 132-62 of the Criminal Code, relating to the adjournment of the sentence, shall be applicable in the event of prosecution for offences under articles L. 042-1 and L. 042-2, subject to the following particular measures:
« 1° The adjournment requires the employer to define, after consultation with the business committee or, if not, staff delegates, and within a specified period, the measures to ensure in the company in question the restoration of professional equality between women and men;
« 2° The adjournment may also include injunction to the employer to enforce within the same period the measures defined.
"The court may order the provisional execution of its decision.
"Art. L. 046-3.-At the referral hearing and in the light of the measures defined and, where applicable, carried out by the employer, the court appreciates whether a waiver should be imposed.
"However, where the time limit provided for in 2° of Article L. 046-2 has not been met, the court may issue a new and last adjournment and give a new time limit to the defendant to execute the injunction.
« TITRE V
"HARCELEMENTS
“Chapter I
" Scope of application
"Art. L. 051-1.-The provisions of this title apply to employers of private law and their employees.
"They are also applicable to public personnel employed under the conditions of private law.
“Chapter II
« Moral harassment
"Art. L. 052-1.-No employee shall be subjected to repeated acts of moral harassment that have the purpose or effect of a deterioration of his or her working conditions that may affect his or her rights and dignity, alter his or her physical or mental health or compromise his or her professional future.
"Art. L. 052-2.-No employee may be punished, terminated or subjected to a discriminatory, direct or indirect measure, including in respect of remuneration, training, reclassification, assignment, classification, professional promotion, transfer or renewal of contract for having suffered or refused to undergo repeated acts of moral harassment or for having testified of such acts or having experienced them.
"Art. L. 052-3.-Any breach of the contract of work in breach of the provisions of articles L. 052-1 and L. 052-2, any provision or act contrary to the contract is void.
"Art. L. 052-4.-The employer shall make all necessary arrangements to prevent acts of moral harassment.
"Art. L. 052-5.-Any employee who has carried out acts of moral harassment shall be liable to disciplinary action.
"Art. L. 052-6.-A mediation procedure may be implemented by any person in the company who is a victim of moral harassment or by the person involved.
"The choice of the mediator is agreed between the parties.
"The mediator informs himself of the state of relations between the parties. He tries to reconcile them and submits proposals to them in writing to put an end to harassment.
"When conciliation fails, the mediator informs the parties of possible sanctions and procedural guarantees for the victim.
“Chapter III
“sexual harassment
(This chapter does not include provisions. )
“Chapter IV
“Actions to justice
"Art. L. 054-1.-Where a dispute arises with respect to the application of articles L. 052-1 to L. 052-3, the candidate for a job, internship or training in a company where the employee establishes facts that allow for the presumption of harassment.
"In light of these elements, it is the responsibility of the respondent to prove that these actions are not such harassment and that its decision is justified by objective elements outside of any harassment.
"The judge forms his conviction after ordering, if necessary, all the measures of instruction that he considers useful.
"Art. L. 054-2.-Representative trade union organizations in the company may bring to justice all actions arising from articles L. 052-1 to L. 052-3.
"They may carry out these actions in favour of an employee of the enterprise under the conditions laid down in Article L. 054-1, subject to a written agreement of the employee.
"The interested party can always intervene in the proceedings initiated by the union and terminate it at any time.
“Chapter V
« Criminal provisions
"Art. L. 055-1.-The act of bringing or attempting to infringe on the regular exercise of the duties of mediator, as provided for in Article L. 052-6, is punishable by one year's imprisonment and a fine of €3,750.
"Art. L. 055-2.-The acts of moral harassment, as defined in Article L. 052-1, are punishable by one year's imprisonment and a fine of 15,000 €.
"The court may also order, as a supplementary sentence, the posting of the judgment at the expense of the sentenced person under the conditions laid down in theArticle 131-35 of the Criminal Code and its insertion, integral or by extracts, in the newspapers it designates. These fees may not exceed the maximum amount of the fine incurred.
"Art. L. 055-3.-Les provisions of articles 132-58 to 132-62 of the Criminal Code relating to the adjournment of the sentence shall apply in the case of prosecution for violation of the provisions of Article L. 052-1.
"The court may order the provisional execution of its decision.
"Art. L. 055-4.-At the referral hearing, the court appreciates whether a waiver should be imposed.
« TITRE VI
CORRUPTION AND VIOLATION
SECRETS
« Single Chapter
"Art. L. 061-1.-No person may be excluded from a recruitment procedure or from access to an internship or to a period of training in business, no employee may be punished, terminated or subjected to a discriminatory, direct or indirect measure, including in respect of remuneration, training, reclassification, assignment, qualification, classification, professional promotion, transfer or renewal of contract for having
“A breach of the resulting contract of work, any provision or any act that is contrary shall be void of full right.
"In the event of a dispute with respect to the application of the first two paragraphs, provided that the employee concerned or the candidate for a recruitment, internship or a period of training in business establishes facts that allow the employee to assume that he or she has reported or testified of corruption, it is the responsibility of the respondent, in the light of these elements, to prove that his or her decision is justified by objective elements outside the statements or testimony of the employee. The judge shall form his conviction after ordering, if necessary, all the measures of instruction that he considers useful.
"Art. L. 061-2.-The fact that a director or employee reveals or attempts to reveal a manufacturing secret is punishable by imprisonment for two years and a fine of 30,000 €.
"The court may also impose, as a supplementary sentence, for a period of not more than five years, the prohibition of civil, civil and family rights provided for by the civil, civil and family rightsArticle 131-26 of the Criminal Code. »
Book I of the same code is amended as follows:
I. ― Title II is amended to read:
1° Chapter II is amended to read:
(a) The provisions of section 8 are repealed;
(b) Section 9 becomes section 8:
articles L. 122-79 to L. 122-83, respectively, become articles L. 122-67 to L. 122-71;
- in articles L. 122-67 and L. 122-70, the words: "in article L. 122-81" are replaced by the words: "in article L. 122-69";
2° Articles L. 123-1 to L. 123-3 are repealed;
3° Article L. 152-1 of the Labour Code applicable to Mayotte becomes Article L. 124-4;
4° In Article L. 124-3, the reference to Article L. 152-1 is replaced by the reference to Article L. 124-4;
5° Articles L. 125-1 to L. 125-4 are repealed;
6° Article L. 154-1 becomes Article L. 126-8;
7° Section L. 128-1 of Chapter VIII is amended as follows:
(a) In the second paragraph, the words "in Article L. 000-1" are replaced by the words "in Article L. 011-1";
(b) In the fifth paragraph, the words "by Article L. 143-3" are replaced by the words "by Article L. 143-7";
(c) In the seventh paragraph, the words "articles L. 223-1 to L. 223-12" are replaced by the words "articles L. 223-1 to L. 223-27".
II. — Title III is amended as follows:
1° In Article L. 132-2, the words "of Article L. 412-3" are replaced by the words "of Article L. 412-1";
2° Section 3 of chapter II is supplemented by the following:
"Art. L. 132-28.-An employer who is exempt from the obligation under section L. 132-25 is liable to penalties set out in section L. 413-27 of this Code. » ;
3° Section 2 of chapter III is supplemented by the following:
"Art. L. 133-11.-Where, pursuant to an express statutory provision in a specific subject matter, an extended collective agreement or agreement derogates from legal provisions, breaches of derogatory stipulations are punishable by the penalties imposed by violation of the legal provisions in question. »
III. ― Title IV is amended as follows:
1° The title IV is replaced by the following title: "Salaries and Miscellaneous Benefits";
2° The preliminary chapter is replaced by the following:
“Preliminary Chapter
« Equal remuneration
between men and women
“Section 1
“ Principles
"Art. L. 140-1.-The provisions of articles L. 140-2 to L. 140-7 shall apply to relations between employers and employees not governed by this Code and, in particular, to employees bound by a contract of public law.
"Art. L. 140-2.-Any employer shall, for the same work or for work of equal value, ensure equal pay between women and men.
"Art. L. 140-3.-Constitutes compensation within the meaning of this chapter the basic or minimum regular salary or salary and all other benefits and accessories paid, directly or indirectly, in cash or in kind, by the employer to the employee because of the employee's employment.
"Art. L. 140-4.-are considered to be of equal value to work that requires employees a comparable set of professional knowledge dedicated to a title, degree or professional practice, abilities arising from acquired experience, responsibilities and physical or nervous burden.
"Art. L. 140-5.-Disparities of remuneration between the establishments of the same company may not, for the same work or for work of equal value, be based on the membership of the employees of these establishments to either sex.
"Art. L. 140-6.-The different elements of remuneration are established according to the same standards for women and men.
"Professional classification and promotion categories and criteria as well as all other bases for calculating remuneration, including job evaluation methods, must be common to both sexes.
"Art. L. 140-7.-Est null and void of full right any provision contained in, inter alia, a labour contract, a labour agreement or collective agreement, a wage agreement, a regulation or salary scale resulting from a decision of an employer or a group of employers and which, contrary to articles L. 140-2 to L. 140-6, includes, for one or more employees of either gender, a remuneration less than that of employees of the same sex.
"The higher wages enjoyed by the latter employees are substituted in full right to the remuneration provided by the invalidity provision.
"Art. L. 140-8.-When a dispute arises regarding the application of this chapter, the rules of evidence set out in section L. 044-1 apply.
"Art. L. 140-9.-The labour inspectors or, where appropriate, the other assimilated supervisors are responsible, in the area of their respective competences, in conjunction with the judicial officers and police officers, for detecting offences against these provisions.
"Art. L. 140-10.-A decree in the Council of State determines the modalities for the application of this chapter.
“Section 2
« Criminal provisions
"Art. L. 140-11.-Les provisions of articles 132-58 to 132-62 of the Criminal Code relating to the adjournment of the sentence shall be applicable in the case of prosecution for offences under articles L. 140-2 to L. 140-7, subject to the special measures provided for in this article.
"The adjournment requires the employer to define, after consultation with the business committee or, if not, staff delegates, and within a specified time, the measures to ensure in the company in question the restoration of professional equality between women and men. The adjournment may also require the employer to perform within the same time limit the measures defined.
"The judge may order the provisional execution of his decision.
"Art. L. 140-12.-At the referral hearing and in the light of the measures defined and, where applicable, carried out by the employer, the court appreciates whether a waiver of sentence or the penalties prescribed by law should be imposed.
"However, in the event that the period provided for in the second paragraph of Article L. 140-11 has not been met, the court may issue a new and last adjournment and grant a new period of time to the accused to execute the injunction. » ;
3° Chapter III is amended to read:
(a) Section 1 is replaced by the following:
“Section 1
"Payment method of salary
"Subsection 1
“General provisions
"Art. L. 143-1.- Subject to statutory provisions imposing payment of wages in a specified form, the salary shall be paid in cash or by cheque or by bank or postal account transfer.
"Every contrary stipulation is null.
"Below a monthly amount determined by decree, the wage is paid in cash to the employee who requests it.
"Beyond a monthly amount determined by decree, the salary is paid by barred cheque or by transfer to a bank or postal account.
"Subsection 2
« Monthlyisation
"Art. L. 143-2.-The remuneration of employees is monthly and independent, for an effective working schedule, of the number of days worked in the month. The monthly payment neutralizes the consequences of the uneven distribution of days between the twelve months of the year.
"For a schedule equal to the weekly legal period, the monthly remuneration due to the employee is calculated by multiplying the hourly remuneration by the 52/12 of the weekly legal period.
"Payment of compensation is made once a month. A corresponding deposit, for about 15, to half the monthly pay is paid to the employee who makes the request.
"These provisions do not apply to homeworkers and seasonal employees.
"Art. L. 143-3.-The monthly payment does not exclude the various methods of calculating wages to parts, bonuses or returns.
"Art. L. 143-4.- Employees who do not receive monthly payments are paid at least twice a month, at least sixteen days at the most interval.
"Art. L. 143-5.-For any work to the parts whose execution lasts more than 15, the payment dates can be fixed by mutual agreement. However, the employee receives deposits every fifteen years and is fully paid in the fifteenth period following the delivery of the work.
"Subsection 3
“Payroll Bulletin
"Art. L. 143-6.-The provisions of this subsection apply to all persons employed or employed in any way or in any place for one or more employers and regardless of the amount and nature of their remuneration, the form, or validity of their contract.
"Art. L. 143-7.-When paying the salary, the employer shall give the persons referred to in section L. 143-6 a supporting document known as the payroll. With the agreement of the employee concerned, this rebate may be carried out in electronic form, under conditions to ensure the integrity of the data. It may not require any formality of signature or demarcation other than that establishing that the amount received is the net amount shown in this bulletin.
"The mentions to be included on the bulletin or to be annexed to it are determined by decree in the Council of State.
"Art. L. 143-8.-The worker's acceptance without protest or reservation of a payroll may not, on his part, claim the payment of all or part of the salary and wage allowances or accessories due to him under the law, the regulations, a labour agreement or a collective agreement or a contract.
"This acceptance cannot be considered as an account that has been arrested and settled within the meaning ofArticle 1269 of the Civil Procedure Code.
"Art. L. 143-9.-The employer retains a double of the employee payroll or payrolls delivered to employees in electronic form for five years.
"Art. L. 143-10.-It may be derogated from the retention of payrolls, taking into account the use of other means, including computers, where equivalent control guarantees are maintained under the conditions and limits determined by decree.
"Subsection 4
« Tips
"Art. L. 143-11.-In all commercial establishments where there is practice of tip, all perceptions made "for service" by the employer in the form of a percentage necessarily added to the customer's notes or otherwise as well as all amounts voluntarily handed over by the customers for service in the hands of the employer or centralized by the employer are fully paid to the staff in contact with the client and to whom it was customary to direct them.
"Art. L. 143-12.-The amounts referred to in section L. 143-11 are in addition to the fixed salary, except where a minimum wage has been guaranteed by the employer.
"Subsection 5
« Action in payment and prescription
"Art. L. 143-13.-The action in payment or repetition of the salary is prescribed by five years, in accordance withArticle 2224 of the Civil Code.
"Subsection 6
"Criminal Provisions"
(This subsection does not include legislation.)
(b) Section 2 is amended to read:
Articles L. 143-6 to L. 143-14, respectively, become articles L. 143-14 to L. 143-22;
- in articles L. 143-15 and L. 143-21, the words "Article L. 143-9" are replaced by the words "Article L. 143-17"; the words "Article L. 143-10" are replaced by the words "Article L. 143-18";
- in article L. 143-16, the words: "at articles L. 143-9 to L. 143-14" are replaced by the words: "at articles L. 143-17 to L. 143-22";
- in section 143-18, the words: "in sections L. 223-8 to L. 223-11" are replaced by the words: "in sections L. 223-21 to L. 223-26"; the words "Article L. 143-8" are replaced by the words "Article L. 143-16";
- in Article 143-20, the words "Article L. 143-11" are replaced by the words "Article L. 143-19";
- in Article L. 143-22, the words "Article L. 143-9" are replaced by the words "Article L. 143-17"; the words "Article L. 143-10" are replaced by the words "Article L. 143-18"; the words: "Article L. 143-11" are replaced by the words: "Article L. 143-19";
(c) Section 3 is repealed;
4° Chapter VI is replaced by the following:
“Chapter VI
« Economats
"Art. L. 146-1.-Every employer shall not:
« 1° To append to its establishment an economate intended for the sale, directly or indirectly, to employees and their families of goods or goods of any kind;
« 2° To impose on the employee the obligation to spend all or part of their salary in stores designated by him.
"Art. L. 146-2.-The prohibition under section L. 146-1 does not apply to:
« 1° When the employment contract stipulates that the employee who is housed and fed receives a specified wage in money;
« 2° When, for the performance of a labour contract, the employer gives the employee supplies at cost.
"Art. L. 146-3.-Understanding the provisions of Article L. 146-1 relating to economates, a fine of €3,750 is punishable. » ;
5° Chapter VII entitled "Economats" is repealed.
IV. – Title V is replaced by the following:
« TITRE V
"INTER REGULATIONS, PROTECTION
AND DISCIPLINARY RIGHT
“Chapter I
" Scope of application
"Art. L. 151-1.-The provisions of this title are applicable in the establishments of private employers.
"They also apply to industrial and commercial public institutions.
"Art. L. 151-2.-The establishment of rules of procedure is mandatory in companies or establishments usually employing twenty or more employees.
"Special provisions may be established for a category of personnel or a division of the enterprise or institution.
“Chapter II
« Rules of procedure
“Section 1
« Content and conditions of validity
"Art. L. 152-1.-The rules of procedure are a written document by which the employer determines exclusively:
« 1° Measures for the application of health and safety regulations in the company or institution, including the instructions provided for in section L. 152-7;
« 2° The conditions under which employees may be required to participate, at the request of the employer, in the recovery of protective working conditions for the health and safety of employees, as long as they appear to be compromised;
« 3° General and permanent rules relating to discipline, including the nature and scale of sanctions that the employer may take.
"Art. L. 152-2.-The rules of procedure recall:
« 1° The provisions on the rights of employees defined in articles L. 153-3 and L. 153-5;
« 2° The provisions on moral and sexual harassment provided for in this Code.
"Art. L. 152-3.-The rules of procedure may not include:
« 1° Provisions contrary to the laws and regulations as well as to the stipulations of the collective agreements and agreements applicable in the undertaking or establishment;
« 2° Provisions providing for individual and collective rights and freedoms that would not be justified by the nature of the task to be performed or proportionate to the purpose sought;
« 3° Provisions discriminating employees in their employment or work, with equal professional capacity, due to their origin, civil status, sex, morals, sexual orientation, age, family situation or pregnancy, genetic characteristics, affiliation or non-membership, true or supposed, to an ethnic group, nation or race, of their political opinions,
"Art. L. 152-4.-The rules of procedure may only be introduced after having been submitted to the notice of the business committee or, if not, staff delegates and, for matters within its jurisdiction, in the opinion of the hygiene, safety and working conditions committee.
"The rules of procedure indicate the date of its entry into force. This date must be after one month when filing and advertising formalities are completed.
"At the same time as it is advertised, the rules of procedure, together with the advice of the business committee or, if not, staff delegates and, where applicable, the hygiene, safety and working conditions committee, shall be communicated to the labour inspector.
"These provisions also apply if the rules of procedure are amended or withdrawn.
"Art. L. 152-5.-The notes of service or any other document containing general and permanent obligations in the substances referred to in Articles L. 152-1 and L. 152-2 are, where there is a rules of procedure, considered to be additions to the rules of procedure. They are, in any event, subject to the provisions of this heading.
"However, where the emergency warrants, health and safety obligations may be immediately implemented. In this case, these requirements are immediately and simultaneously communicated to the secretaries of the Hygiene, Safety and Working Committee and the Business Committee and the Labour Inspection.
"Art. L. 152-6.-The rules of procedure are in French. It can be accompanied by translations into one or more foreign languages.
"The same applies to any document that contains obligations for the employee or provisions that are necessary for the performance of his or her work.
"These provisions are not applicable to documents received from abroad or intended for foreigners.
"Art. L. 152-7.-In accordance with the instructions given to it by the employer, under the conditions set out in the rules of procedure for the enterprises required to develop one, it is the responsibility of each worker to take care, according to his training and according to his or her possibilities, of his or her health and safety and of those of other persons affected by his or her actions or omissions at work.
"The employer's instructions specify, in particular where the nature of the risks warrants, the conditions for the use of work equipment, means of protection, substances and hazardous preparations. They are adapted to the nature of the tasks to be performed.
"The provisions of the first paragraph shall not affect the principle of employer responsibility.
“Section 2
“Administrative and judicial oversight
"Subsection 1
“Administrative oversight
"Art. L. 152-8.-The Labour Inspector may at any time require the withdrawal or modification of the provisions contrary to sections L. 152-1 to L. 152-3 and L. 152-6.
"Art. L. 152-9.-The Labour Inspector's decision is motivated.
"It is notified to the employer and communicated, for information, to the members of the business committee or, if not, to the staff delegates and to the members of the hygiene, safety and working conditions committee for matters within its jurisdiction.
"Art. L. 152-10.-The decision of the labour inspector may be subject to a hierarchical appeal under conditions determined by regulation.
"The decision on this remedy shall be notified to the employer and communicated, for information, to the members of the business committee or, failing that, to the staff delegates as well as to the members of the hygiene, safety and working conditions committee for matters within its jurisdiction.
"Subsection 2
“Judicial control
"Art. L. 152-11.-Where, on the occasion of an individual dispute, the judge of the employment contract denies the application of a provision contrary to sections L. 152-1 to L. 152-3 and L. 152-6, a copy of the judgment shall be sent to the inspector of work and to the members of the business committee or, failing that, to the staff delegates as well as to the members of the hygiene, security and working conditions of the employee's
“Section 3
« Criminal provisions
(This section does not include legislation. )
“Chapter III
“Disciplinary law
“Section 1
“Disciplinary sanctions
"Art. L. 153-1.-Constitutes a penalty for any measure, other than verbal observations, taken by the employer following an act of the employee considered by the employer as a negligence, whether that measure is of a nature to affect immediately or not the employee's presence in the company, his or her function, career or remuneration.
"Art. L. 153-2.- Fines or other monetary penalties are prohibited.
"Any contrary provision or stipulation is deemed to be non-written.
“Section 2
“Disciplinary procedure
"Subsection 1
“Procedural guarantees
"Art. L. 153-3.-No penalty may be taken against the employee without the employee being informed, at the same time and in writing, of the grievances against him.
"Art. L. 153-4.-Where the employer intends to take a penalty, the employee shall summon the employee by specifying the purpose of the summons, unless the penalty contemplated is a warning or sanction of the same nature that does not have an immediate or non-immediate impact on the presence in the company, the function, career or remuneration of the employee.
"At the hearing, the employee may be assisted by a person of his or her choice from the company's staff.
"In the course of the interview, the employer indicates the reason for the sanction envisaged and collects the explanations of the employee.
"The sanction cannot intervene less than one straight day, nor more than one month after the day fixed for maintenance. It is motivated and notified to the interested party.
"Art. L. 153-5.-Where the facts referred to the employee have made it indispensable for an interim measure of immediate effect, no final penalty on these facts may be taken without the procedure provided for in Article L. 153-4 being respected.
"Subsection 2
“Requirement of wrongdoing
"Art. L. 153-6.-No wrongdoing may result on its own in the conduct of disciplinary proceedings beyond a period of two months from the day on which the employer was aware of it, unless that fact occurred within the same period of time in the exercise of criminal proceedings.
"Art. L. 153-7.-No previous penalty of more than three years for the initiation of disciplinary proceedings may be invoked in support of a new sanction.
“Section 3
“Judicial control
"Art. L. 153-8.-In the event of a dispute, the competent labour court appreciates the regularity of the proceedings followed and if the charges against the employee are likely to justify a sanction.
"The employer shall provide the competent labour court with the evidence to take the penalty.
"In the light of these elements and those provided by the employee in support of his claims, the competent labour court shall form his conviction after having ordered, if necessary, all the measures of instruction that he considers useful. If a doubt persists, he benefits the employee.
"Art. L. 153-9.-The competent labour court may cancel an irregular penalty in the form or unjustified or disproportionate to the fault committed.
"Art. L. 153-10.-Where the penalty contested is termination, the provisions of this section are not applicable.
"In this case, the competent labour court shall apply the provisions relating to the dispute of termination irregularities provided for in articles L. 122-29 and L. 122-30.
“Section 4
« Criminal provisions
"Art. L. 153-11.-The imposition of a fine or monetary penalty in breach of the provisions of Article L. 153-2 is punishable by a fine of 3,750 €. »
Book II of the same code is amended as follows:
1° In Article L. 211-1, the words "in Article L. 000-1" are replaced by the words "in Article L. 011-1";
2° Title II is amended to read:
(a) Chapter III is replaced by the following:
“Chapter III
« Leaves Paid
“Section 1
“Right to leave
"Art. L. 223-1.-Every employee shall be entitled to leave with pay at the expense of the employer on an annual basis under the conditions set out in this chapter.
"Art. L. 223-2.-Return employees of a period of suspension of the employment contract under sections L. 122-48 and L. 122-48-1 shall be entitled to their annual leave with pay, regardless of the period of leave with pay, by collective agreement or by the employer, for employees of the business.
“Section 2
“Term of leave
"Art. L. 223-3.-The employee shall be entitled to a leave of two and a half working days per month in the same employer.
"The total length of the leave payable cannot exceed thirty working days.
"Art. L. 223-4.-Sont assimilated to an effective working month for the determination of leave duration for periods equivalent to four weeks or twenty-four working days.
"Art. L. 223-5.-are considered effective periods of work for the determination of leave duration:
« 1° periods of leave with pay;
« 2° The periods of suspension of the employment contract provided for in articles L. 122-48 and L. 122-48-1;
« 3° The periods, within the limit of one year's uninterrupted duration, during which the performance of the work contract is suspended due to occupational injury or illness;
« 4° Periods during which an employee is held or recalled to national service in any capacity.
"Art. L. 223-6.-The absence of an employee may result in a reduction in his or her leave entitlements more than proportional to the duration of that absence.
"Art. L. 223-7.-Where the number of working days calculated in accordance with sections L. 223-3 and L. 223-6 is not an entire number, the duration of the leave shall be increased to the entire number immediately higher.
"Art. L. 223-8.-The length of vacation leave may be increased due to age or seniority in terms determined by agreement or collective agreement.
"Art. L. 223-9.-The above provisions do not affect the provisions of collective labour agreements or agreements or individual labour contracts or the uses that would provide longer-term paid leave.
"Art. L. 223-10.-A decree in the Council of State sets out the beginning of the period of reference of annual leave.
"Another date may be set by agreement or collective agreement.
"Art. L. 223-11.-Whatever their seniority in the company, employees under the age of twenty-one years as of April 30 of the previous year are entitled, if requested, to 30 working days' leave.
"They cannot require any leave allowance for vacation days that they claim the benefit in addition to those that they have acquired due to the work done during the reference period.
“Section 3
« Taking leave
"Art. L. 223-12.- Leave may be taken from the commencement of duties, without prejudice to sections L. 223-13 to L. 223-20, relating to the rules of determination by the employer of the period of taking leave and the order of departures and the rules of splitting leave.
"Art. L. 223-13.-The period of taking leave with pay is fixed by collective labour agreements or agreements. It includes in all cases the period from May 1 to October 31 of each year.
"If there is no agreement or collective work agreement, this period is set by the employer with reference to the uses and after consultation with staff and business committee delegates.
"Art. L. 223-14.-Inside the leave period and unless the order of departures results from the stipulations of collective labour agreements or agreements, this order is fixed by the employer after notice, if any, of staff delegates.
"To determine the order of departures, the employer takes into account:
« 1° The family situation of beneficiaries, including opportunities for leave, in the private sector or the public service, the spouse or partner bound by a civil solidarity pact;
« 2° The duration of their services to the employer;
« 3° If applicable, their activity at one or more other employers.
"Art. L. 223-15.-Friends and partners linked by a civil solidarity pact working in the same company are entitled to simultaneous leave.
"Art. L. 223-16.- Except in exceptional circumstances, the order and departure dates fixed by the employer shall not be amended within one month of the scheduled date of departure.
"Art. L. 223-17.-The length of one-time leave may not exceed twenty-four working days.
"It can be derogated individually for employees who justify specific geographical constraints.
"Art. L. 223-18.-When the leave does not exceed twelve working days, it must be continuous.
"When the main leave is longer than twelve working days and not more than twenty-four working days, it may be split by the employer with the employee's agreement. In this case, one of the fractions is at least twelve continuous working days between two weekly rest days.
"Art. L. 223-19.-When the leave is split, the portion of at least twelve continuous working days is assigned during the period of May 1 to October 31 of each year.
"The remaining days due may be granted in one or more times outside this period.
"It is assigned two additional working days when the number of days off this period is at least six and one when the number is between three and five days.
"The main leave days due in more than twenty-four working days are not taken into account for the opening of the right to this supplement.
"Derogations may be made to the provisions of this Article, either after an individual agreement of the employee or by a business or settlement agreement.
"Art. L. 223-20.-Where the leave is accompanied by the closure of the establishment, the splitting may be carried out by the employer on the advice of staff delegates or, if no delegates are delegates, with the approval of employees.
“Section 4
“Leave allowances
"Art. L. 223-21.-I. ― The annual leave provided for in Article L. 223-3 shall be entitled to compensation equal to the tenth of the total gross remuneration received by the employee during the reference period.
"For the determination of total gross remuneration, consideration shall be given to:
« 1° Leave allowance for the previous year;
« 2° Periods assimilated to work time by sections L. 223-4 and L. 223-5 which are considered to have given rise to pay according to the working hours of the establishment.
"Where the duration of the leave is different from that provided for in Article L. 223-3, the allowance shall be calculated according to the rules set out above and proportionate to the duration of the leave actually due.
“II. ― However, the compensation provided for in I cannot be less than the amount of compensation that would have been received during the leave period if the employee had continued to work.
"This remuneration, subject to compliance with the legal provisions, is calculated on the basis of:
« 1° Pay earned due for the period before the leave;
« 2° The duration of the actual work of the establishment.
"Art. L. 223-22.-For the purpose of fixing leave allowance, it shall be taken into account the benefits and benefits in kind that the employee would not continue to enjoy during the period of his or her leave.
"The value of these benefits and benefits cannot be less than that set by the administrative authority.
"Art. L. 223-23.-In occupations where, according to the terms of the employment contract, the remuneration of employees is made in whole or in part of tips, the remuneration to be taken into consideration for the determination of leave allowance includes such tips as the other elements of pay corresponding to amounts paid to workers for consideration or for work.
"The leave allowance cannot be taken from the weight of the tips or the percentage collected for the service.
"Art. L. 223-24.-The provisions of this section do not affect contractual provisions or uses that provide for leave allowances in a higher amount.
"Art. L. 223-25.-Where the employment contract is terminated before the employee has been able to benefit from the full amount of the leave to which he or she was entitled, he or she shall receive, for the portion of leave that he or she has not received, a compensatory leave allowance determined under the provisions of sections L. 223-21 to L. 223-24.
"The compensation is due as long as the termination of the employment contract has not been caused by the employee's heavy fault, that this rupture is due to the employee's or the employer's fact.
"This allowance is also payable to employees whose death occurs before they take their paid vacation leave. Indemnity is paid to those entitled persons who are entitled to obtain payment of arrears.
"Art. L. 223-26.-When, on the occasion of the termination of his employment contract, an employee, as a result of the order for leave departures, took a leave in lieu of a leave allowance of more than that to which he was entitled at the time of the break, he reimbursed the overpayment to the employer.
"The refund is not due if the termination of the employment contract by the employee is caused by a heavy fault of the employer.
"Art. L. 223-27.-When an establishment closes for a number of days exceeding the length of annual statutory leave, the employer shall pay to employees, for each of the closing working days exceeding that period, an allowance that cannot be less than the daily leave allowance.
"This daily allowance does not confuse itself with leave allowance";
(b) In section L. 224-1 of chapter IV, the words "in article L. 223-2" are replaced by the words "in article L. 223-3";
3° Chapter V is replaced by the following:
“Chapter V
“Other leave
“Section 1
"Economic, Social and Trade Union Training Leave
"Art. L. 225-1.-Any employee who wishes to participate in courses or sessions of economic and social training or of trade union training organized either by centres attached to trade union organizations of recognized employees representative on the national level, or by specialized institutes, is entitled, upon request, to one or more leave.
"Art. L. 225-2.-The economic, social and trade union training leave or leave shall be paid by employers, in enterprises of ten or more employees, under conditions prescribed by regulation.
"This compensation is paid at the end of the month in which the training session took place.
"For the purposes of this article, all the establishments of the company, including those located in metropolis and overseas departments, are taken into account.
"Art. L. 225-3.-The total duration of economic and social training and trade union training leave taken in the year by an employee shall not exceed twelve days. It cannot exceed eighteen days for facilitators of internships and sessions.
"The duration of each leave cannot be less than two days.
"Art. L. 225-4.-The total number of days of leave that may be taken each year by all employees of the institution for the trainings provided for in this section and section L. 444-9 relating to the training of members of the board of business may not exceed a maximum fixed by regulation given the strength of the establishment.
"This order also sets out, in the light of the staffing of the establishment, the maximum number of days of leave that may be used by the facilitators and employees who are called to exercise trade union responsibilities, as well as the maximum percentage of employees who may be simultaneously absent from the leave referred to in the first paragraph.
"For the purposes of this article, all the establishments of the company, including those located in metropolis and overseas departments, are taken into account.
"Art. L. 225-5.-Employment seekers may participate in economic and social training and trade union training courses within the limits of twelve and eighteen days per year for employees.
"Art. L. 225-6.-The duration of the economic and social training and trade union training leave or leave may not be charged against the annual leave with pay.
"It is equivalent to an effective working period for the determination of the duration of paid leave, the right to social insurance benefits and family benefits, as well as for all other entitlements resulting from the interests of the employee's employment contract.
"Art. L. 225-7.-The economic and social training and trade union training leave is entitled, except in the event that the employer considers, after notice of the business committee or, if it does not exist, staff delegates, that this absence may have a negative impact on the production and proper operation of the company.
"The employer's refusal of leave is motivated.
"In the event of a dispute, the employer's refusal may be directly challenged before the labour court under conditions fixed by decree in the Council of State.
"Art. L. 225-8.- Collective labour agreements or agreements may:
« 1° Containing more favourable provisions than those provided for in this section, including compensation;
« 2° specify the periods of leave best suited to the needs of each profession;
« 3° Setting the terms and conditions for the funding of the training, to cover the educational expenses as well as expenses for the travel and accommodation of trainees and facilitators;
« 4° Define amicable procedures to address the difficulties that may arise in the application of the foregoing provisions;
« 5° Provide for the creation of pooled funds to ensure leave pay and training funding.
"Installation agreements may determine the distribution of leave by service or occupational category.
"Art. L. 225-9.-The conditions for the application of the provisions relating to economic and social training leave and trade union training to employees of private law as well as to the staff of public enterprises listed in the decree issued pursuant to theArticle L. 2233-1 of the Labour Code are determined by decree in the Council of State.
“Section 2
« Mutualist leave
"Art. L. 225-10.-The directors of a mutual trust within the meaning of the provisions of code of mutuality under the conditions and limits set out in this section, shall be granted unpaid training leave of up to nine working days per year.
"The duration of the leave is assimilated to an effective working period for the determination of the duration of the leave with pay as well as for all other entitlements resulting from the contract holder.
"The length of leave cannot be charged on the length of vacation leave.
"The terms and conditions for the application of this Article, including the conditions under which the list of internships or organizations entitled to such leave is established, the rules that determine, by business, the maximum number of employees or apprentices likely to benefit from the leave during a year and the conditions under which the employer may, if any, defer the leave, due to the specific needs of its business, are determined by decree in the Council of State. » ;
4° In the first paragraph of Article L. 238-1, the words "in Article L. 620-8" are replaced by the words "in Article L. 011-4".
Book III of the same code is amended as follows:
1° In sections L. 312-2, L. 312-7 and L. 312-9, the words "in article L. 143-3" are replaced by the words "in article L. 143-7";
2° In article L. 320-14, the words "in article L. 412-3" are replaced by the words "in article L. 412-1";
3° Article L. 324-5 is repealed;
4° In the last paragraph of Article L. 328-26, the words "in Article L. 000-4" are replaced by the words "in Article L. 032-1";
5° In Article L. 330-7, the words "of Article L. 412-3" are replaced by the words "of Article L. 412-1".
I. ― Title I of Book IV is replaced by the following:
« TITRE I
« THE PROFESSIONAL SYNDICATS
“Chapter I
" Scope of application
"Art. L. 411-1.-The provisions of this title apply to employers of private law and their employees in Mayotte.
"They are also applicable to the staff of public persons employed under the conditions of private law, subject to the special provisions of the same subject-matter resulting from the statute governing that staff.
"The provisions of Chapter III apply to trade unions and their unions that have deposited their statutes in Mayotte.
"Art. L. 411-2.-The provisions of this title apply without prejudice to other rights granted to trade unions by special laws.
“Chapter II
« Trade union representativeness
“Section 1
“Representative criteria
"Art. L. 412-1.-The representativeness of trade union organizations is determined by the following cumulative criteria:
« 1° Respect for Republican values;
« 2° Independence;
« 3° Financial transparency;
« 4° A minimum age of two years in the professional and geographical field covering the level of negotiation. This ageing is appreciated from the date of legal filing of the statutes;
« 5° The hearing based on the negotiating levels in accordance with sections L. 412-3, L. 412-7, L. 412-8 and L. 412-12;
« 6° Influence, primarily characterized by activity and experience;
« 7° Membership and contributions.
"Art. L. 412-2.-If it is necessary to determine the representativeness of a trade union or professional organization other than that affiliated to one of the representative organizations at the national level, the administrative authority shall conduct an investigation.
"The interested organization provides the elements of appreciation available to it.
“Section 2
“Representative trade unions
"Subsection 1
"Trade Representation at the Corporate Level
and the establishment
"Art. L. 412-3.-In the company or establishment, trade union organizations that meet the requirements of section L. 412-1 and that have won at least 10% of the vote in the first round of the last elections of the holders to the corporate committee or the sole delegation of the staff or, if not, staff delegates, regardless of the number of voters.
"Art. L. 412-4.-In the company or institution, are representative of the staff members of the electoral colleges in which their statutory rules give them the purpose of presenting candidates the class union organizations affiliated to a national interprofessional union confederation that meet the criteria of Article L. 412-1 and that have collected at least 10% of the votes cast in the first round of the personal colleges
"Art. L. 412-5.-When a common list has been drawn up by trade union organizations, the distribution of votes cast is made on the basis indicated by the trade union organizations concerned at the filing of their list. In the absence of an indication, the distribution of votes is equal among the organizations concerned.
"Subsection 2
“Trade Representation at Group Level
"Art. L. 412-6.-The representativeness of trade union organizations at the level of all or part of the group is appreciated in accordance with the rules set out in articles L. 412-3 to L. 412-5 relating to trade union representativeness at the level of the company, by adding all the votes obtained in the companies or institutions concerned.
"Subsection 3
« Trade union representativeness
at the professional branch level
"Art. L. 412-7.-In the professional branches, trade union organizations are representative:
« 1° meet the criteria of Article L. 412-1;
« 2° Have a balanced territorial location within the branch;
« 3° At least 8% of the votes cast as a result of the addition to the branch level, on the one hand, of the votes cast in the first round of the last elections of the holders to the works councils or of the sole delegation of the staff or, on the other hand, of the delegates of the staff, regardless of the number of voters, and, on the other hand, of the votes cast on the enterprises of less than eleven employees according to the terms provided. Measuring the hearing is done every four years.
"Art. L. 412-8.-In the branches relating exclusively to agricultural activities mentioned in the 1st to 4th of Article L. 722-1 and in the 2nd of Article L. 722-20 of the Rural Code and the Maritime Fishing, the threshold fixed at the 3rd of Article L. 412-7 of this Code is appreciated with regard to the votes cast in the elections of the members representing the employees of the agricultural code to the departmental agricultural chambers mentioned in the agricultural article 5
"Art. L. 412-9.-are representative at the branch level with respect to personnel belonging to electoral colleges in which their statutory rules give them a vocation to nominate candidates from the class trade union organizations that are affiliated to a national interprofessional union confederation and that meet the requirements of section L. 412-7 in these colleges.
"Art. L. 412-10.-When the representativeness of trade union organizations is established, they establish, in connection with employer organizations, the list of topics that are the subject of collective bargaining as well as the terms and conditions of their organization.
"Subsection 4
"National and inter-professional union representativeness, measurement of the hearing of trade union organisations concerning companies of less than eleven employees and provisions of application
"Art. L. 412-11.-The companies and institutions of Mayotte are taken into account in determining the representativeness of trade union organizations organized at the professional level pursuant to articles L. 2122-5 to L. 2122-8 and L. 2122-10-1 to L. 2122-13 of the Labour Code.
"Art. L. 412-12.-Mayotte companies and institutions are taken into account and participate in the determination of the representativeness of trade union organizations organized at the national and inter-professional level under the conditions established by the Articles L. 2122-9 to L. 2122-13 of the Labour Code.
“Chapter III
“Legal status, resources and means
“Section 1
« Subject and constitution
"Art. L. 413-1.-The purpose of the professional unions is to study and defend the rights as well as the material and moral interests, both collective and individual, of the persons mentioned in their statutes.
"Art. L. 413-2.- Trade unions or professional associations of persons exercising the same profession, similar occupations or related occupations involved in the establishment of specific products or the same liberal profession may be established freely.
"By derogation from these provisions, individuals occupying domestic workers may join in a union to defend the interests they share as employers of these employees.
"Art. L. 413-3.-The founders of any professional union shall file the statutes and names of those who, in any way, are responsible for the administration or management.
"This deposit is renewed in the event of a change in direction or status.
"Art. L. 413-4.-Any member of a professional union may, if he or she meets the conditions set out in section L. 413-5, access the administration or management functions of that union.
"Art. L. 413-5.-Any French member of a professional union responsible for the administration or management of the trade union shall enjoy its civic rights and be not subject to any prohibition, termination or incapacity relating to its civic rights.
"Under the same conditions, a foreign national of eighteen years of age who is a member of a union may have access to the administration or management functions of that union.
"Art. L. 413-6.-In the event of a voluntary, statutory or judicial dissolution, the property of the union shall be disposed of in accordance with the statutes or, in the absence of statutory provisions, in accordance with the rules determined by the General Assembly.
"In no case can the property of the union be distributed among the members.
“Section 2
“Civil capacity
"Art. L. 413-7.-Professional unions have civil personality.
"Art. L. 413-8.- Organizations of employees made up of professional unions are only allowed to negotiate collective labour agreements and agreements.
"Agreement or agreement on collective conditions of work shall be entered into under the conditions set out in Title III of Book I.
"Art. L. 413-9.-Professional unions have the right to act in court.
"They may, before all jurisdictions, exercise all the rights reserved to the civil party in respect of the facts of direct or indirect harm to the collective interest of the profession they represent.
"Art. L. 413-10.-The furniture and buildings necessary for professional unions for their meetings, libraries and trainings are elusive.
"Art. L. 413-11.-Professional unions may:
"1° Create and administer information centres on job offers and applications;
"2° Create, administer and subsidize professional foresight institutions, education, training, extension or research institutions in areas of interest to the profession;
"3° Grant cooperative companies of production or consumption, finance the creation of low-rent housing or the acquisition of land for the realization of workers' gardens or physical and sports activities.
"Art. L. 413-12.-Professional unions may constitute special mutual relief and pension funds between their members.
"The funds of these funds are elusive within the limits determined by the code of mutuality.
"Every person who withdraws from a union retains the right to be a member of mutual relief and retirement companies for the old age at which it contributed by contributions or remittances.
“Section 3
“ Unions of Trade Unions
"Art. L. 413-13.-Trade unions that are regularly formed can work together to study and defend their material and moral interests.
"Art. L. 413-14.- Union unions are subject to the provisions of articles L. 413-1, L. 413-3 to L. 413-5, L. 414-1 and L. 414-2.
"They make known the name and head office of the unions that make up them.
"Their statutes determine the rules that the union members are represented in the board of directors and in the general assemblies.
"Art. L. 413-15.- Unions shall enjoy all the rights conferred on trade unions by this chapter.
“Section 4
« Trade union marks
"Art. L. 413-16.-Professional unions may deposit their trademarks or labels by completing the formalities provided by the trade unions Articles L. 712-1 et seq. of the Intellectual Property Code. They can therefore claim exclusive property under the conditions provided for by this code.
"Brands or labels may be affixed to any product or object of trade to certify the conditions of manufacture. They can be used by any individual or company marketing these products.
"Art. L. 413-17.-The use of trade union marks or labels may not affect the provisions of Articles L. 414-5 to L. 414-8.
"Any agreement or provision that requires the employer to hire or retain in its service that the members of the trade union owner of the mark or label is void.
“Section 5
“Resources and means
"Subsection 1
“Certification and advertising of accounts
trade union and professional organizations
"Art. L. 413-18.-The trade unions and their unions referred to in sections L. 413-2, L. 413-13 and L. 413-14 relating to the creation of professional unions and the associations of employees or employers governed by the Act of July 1, 1901 relating to the contract of association are subject to the accounting obligations defined in theArticle L. 123-12 of the Commercial Code. When their annual resources do not exceed a threshold set by decree, they may adopt a simplified presentation of their accounts with the possibility of registering their receivables and debts only at the end of the fiscal year. If their annual resources do not exceed a second threshold set by decree, they can hold a book chronologically recording all the movements of their heritage. The conditions for the application of this article are set by decree.
"Art. L. 413-19.-Professional unions and their unions and associations of employees or employers referred to in Article L. 413-18 which control one or more legal persons within the meaning ofArticle L. 233-16 of the Commercial Code, without maintaining a bond of accession or affiliation, shall be held in conditions determined by decree:
« 1° be consolidated;
« 2° Provide, as an annex to their own accounts, the accounts of these legal entities, as well as information on the nature of the control link. In this case, the accounts of these legal entities must have been subject to legal control.
"Art. L. 413-20.-The professional unions of employees or employers, their unions and associations of employees or employers referred to in Article L. 413-18 may, when their statutes provide, establish combined accounts incorporating the accounting of legal persons and entities with which they have bonds of membership or affiliation, under conditions determined by decree.
"Art. L. 413-21.-The accounts are arrested by the governing body and approved by the general assembly of the members or by a collegial control body designated by the statutes.
"Art. L. 413-22.-The professional unions of employees or employers, their unions and associations of employees or employers referred to in Article L. 413-18 required to establish accounts shall ensure the advertising of their accounts under conditions determined by decree.
"The first paragraph is applicable to the union or association that combines the accounts of the organizations referred to in Article L. 413-20. These organizations are then exempted from advertising obligations.
"Art. L. 413-23.-Professional unions or employers, their unions and associations of employees or employers referred to in section L. 413-28 whose resources exceed a threshold set by decree are required to appoint at least one auditor and one alternate.
"Subsection 2
“Disposal of employees
to trade union organizations
"Art. L. 413-24.-With its express agreement and under the conditions laid down in Article L. 413-25, an employee may be made available to a trade union organization or an employer association.
"During this provision, the employer's obligations to the employee are maintained.
"The employee, upon the expiry of his or her availability, finds his or her previous employment or similar employment with at least equivalent remuneration.
"Art. L. 413-25.-A collective agreement or an extended branch agreement or an enterprise agreement determines the conditions under which a provision of employees may be made to trade unions or employers' associations.
“Section 6
« Criminal provisions
"Art. L. 413-26.-The act for a director or administrator of a professional union or a union of trade unions to ignore the provisions of Article L. 413-1, relating to the subject matter of trade unions, is punishable by a fine of 3,750 €.
"The dissolution of the union or union of trade unions can also be pronounced at the diligence of the public prosecutor.
"A false statement relating to the statutes and names and qualities of directors or administrators shall be punished by a fine of €3,750.
"Art. L. 413-27.-For an employer to break the provisions of Article L. 413-17, relating to the use of trade marks or labels, is liable to a fine of €3,750.
"Recidivism is punishable by one year's imprisonment and a fine of € 7,500.
“Chapter IV
« Exercise of the right to organize
“Section 1
“ Principles
"Art. L. 414-1.-Any employee may freely join the professional union of his or her choice and may not be dismissed on any of the grounds mentioned in Article L. 032-1.
"Art. L. 414-2.-People who have ceased to work may join or continue to join a professional union of their choice.
"Art. L. 414-3.-Any member of a professional union may withdraw at any time, even in the presence of a contrary clause.
"The union may claim the contribution for the six months following the withdrawal of membership.
"Art. L. 414-4.-The exercise of the right to organize is recognized in all enterprises in accordance with the rights and freedoms guaranteed by the Constitution of the Republic, in particular the individual freedom of work.
"Professional unions may organize freely in all enterprises in accordance with the provisions of this chapter.
"Art. L. 414-5.-It is prohibited for the employer to take into consideration the membership of a trade union or the exercise of a trade union activity to determine its decisions in the areas of recruitment, conduct and distribution of work, vocational training, advancement, remuneration and award of social benefits, discipline and termination of the employment contract.
"An agreement determines the measures to be taken to reconcile working life with the trade union career and to take into account the experience gained, within the framework of the mandate exercise, by the representatives of the staff appointed or elected in their professional development.
"Art. L. 414-6.- It is prohibited for any employer to collect union dues on the salaries of its staff and to pay them instead of the employee.
"Art. L. 414-7.-It is prohibited for the employer or its representatives to use any means of pressure in favour of or against a trade union organization.
"Art. L. 414-8.-The provisions of sections L. 414-5 to L. 414-7 are public.
"Every action taken by the employer contrary to these provisions is deemed to be abusive and results in damages.
"Art. L. 414-9.-Representative trade unions in the company shall be provided with the provisions applicable to the trade union section and the trade union delegate provided for in sections 2 and 3 of this chapter.
"Art. L. 414-10.-The provisions of this chapter do not impede collective agreements or agreements with more favourable clauses, including those relating to the institution of union delegates or central union delegates in all cases where the legal provisions have not made this institution mandatory.
"No limitation may be made to the provisions relating to the exercise of the right to organize by a memorandum of service or unilateral decision of the employer.
"Art. L. 414-11.-For the purposes of this chapter, the terms and conditions for calculating staffing are those set out in section L. 011-4 of this Code.
"Art. L. 414-12.-Regulations in the Council of State determine the modalities for the application of this chapter to the activities, which by nature lead to a permanent dispersion or mobility of the staff, related to the normal exercise of the profession.
“Section 2
« Trade Union Section
"Subsection 1
“Constitution
"Art. 414-13.-As soon as they have several members in the company or in the establishment, each union that is representative of it, each union affiliated with a representative trade union organization at the national and inter-professional level or each trade union organization that meets the criteria of respect for republican values and material independence and has been legally constituted for at least two years and whose professional and geographic scope covers the company concerned may constitute within the institution
"Subsection 2
“Representation of the Trade Union Section
"Art. L. 414-14.-Each union that constitutes, in accordance with section L. 414-13, a trade union section within the company or the establishment of fifty or more employees may, if it is not representative in the company or institution, designate a representative of the section to represent it within the company or institution.
"The representative of the Trade Union Section shall serve as part of the provisions of this section. It enjoys the same prerogatives as the union delegate, with the exception of the power to negotiate collective agreements.
"The term of office of the trade union representative ends, after the first professional elections following its designation, as long as the union that designated it is not recognized as representative in the company. The employee who loses his or her mandate as a union representative may not be reappointed as a union representative for a section up to six months before the date of the following professional elections in the company.
"Art. L. 414-15.-The provisions of Article L. 414-27 relating to the terms and conditions of designation of the trade union delegate, those of Articles L. 414-32 to L. 414-35 and the second and third paragraphs of Article L. 414-36 relating to the advertising, contestation, exercise and suppression of its mandate and those of Articles L. 414-48 to L. 414-53 of this union protection division
"Art. L. 414-16.-Each representative of the Trade Union Section shall have a necessary time for the performance of its duties. This time is at least four hours a month. The hours of delegation are of full right considered to be working time and paid at normal maturity.
"The employer who intends to challenge the use of the hours of delegation takes the judicial judge.
"Art. L. 414-17.-In companies that employ less than fifty employees, non-representative trade unions in the company that constitute a union section may designate, for the duration of its term, a staff delegate as a representative of the trade union section. By treaty provision, this representative's term may be entitled to an hour credit. The time available to the staff delegate for the exercise of his or her mandate may be used under the same conditions for the performance of his or her duties as representative of the union section.
"Subsection 3
“Trade unions
"Art. L. 414-18.-The collection of union dues may be carried out within the company.
"Subsection 4
"Showing and disseminating trade union communications
"Art. L. 414-19.-Display of trade union communications is done freely on panels reserved for this purpose, separate from those assigned to communications from staff delegates and the corporate committee.
"A copy of trade union communications is forwarded to the employer, simultaneously on display.
"The panels are made available to each union section in accordance with terms and conditions established by agreement with the employer.
"Art. L. 414-20.-The publications and leaflets of a trade union nature can be freely distributed to the workers of the company in the premises of the company at the time of entry and exit of the work.
"Art. L. 414-21.-The contents of posters, publications and leaflets are freely determined by the trade union organization, subject to the application of the press provisions.
"Art. L. 414-22.-A business agreement may authorize the provision of trade union publications and leaflets, either on a trade union site set up on the company's intranet or through the distribution of the company's e-mail. In the latter case, this broadcast must be consistent with the requirements for the proper operation of the company's computer network and must not hinder the completion of the work.
"The company agreement defines the terms and conditions of this provision or distribution, including the conditions of access of trade union organizations and the technical rules to preserve the freedom of choice of employees to accept or refuse a message.
"Subsection 5
« Local trade union
"Art. L. 414-23.-In companies or institutions of more than two hundred employees, the employer shall make available to the trade union sections a common premises suitable for the exercise of the mission of their delegates.
"In companies or establishments of a thousand or more employees, the employer shall also make available to each union section constituted by a representative trade union organization in the company or establishment a suitable, equipped and equipped premises necessary for its operation.
"Art. L. 414-24.-The terms and conditions of development and use by trade union sections of the premises made available to them are determined by agreement with the employer.
"Subsection 6
« Trade union meetings
"Art. L. 414-25.-The members of each trade union section may meet once a month in the company's premises outside the work premises in accordance with terms fixed by agreement with the employer.
"The trade union sections may invite trade union personalities outside the company to participate in meetings organized by them in the trade union premises made available to them pursuant to Article L. 414-23, or, with the agreement of the head of business, in other premises made available to them.
"External personalities other than trade unions may be invited by trade union sections to attend a meeting, with the employer's agreement.
"Art. L. 414-26.-The trade union meetings are held outside the working hours of the participants with the exception of staff representatives who may meet on their delegation time.
“Section 3
« Delegate union
"Subsection 1
« Conditions of designation
“Paragraph 1
"Old and old age conditions
"Art. L. 414-27.-The union delegate must be eighteen years of age, work in the company for at least one year and have not been subject to any prohibition, loss or incapacity relating to its civic rights.
"This one-year period is reduced to four months in the event of the creation of a business or establishment opening.
“Paragraph 2
"Fire conditions
“Subparagraph 1
« Companies of fifty and more employees
"Art. L. 414-28.-Each representative trade union organization in the company or establishment of fifty or more employees, which constitutes a trade union section, shall be among the candidates for the professional elections who have collected at least 10% of the votes cast in the first round of the last elections to the business committee or the single delegation of staff or staff delegates, regardless of the number of voters, within the limits set out in Article L. 414-37
"If a representative trade union organization does not remain in the company or institution, no candidate in the professional elections who meets the conditions mentioned in the first paragraph may designate a representative trade union delegate from among the other candidates or, if not, from among its members within the company or institution.
"The designation of a trade union delegate may take place when the number of employees or more has been reached for twelve months, consecutive or non-consequential, in the previous three years.
"Art. L. 414-29.-In the companies of five hundred employees and more, any representative union in the company may designate an additional union delegate if he has obtained one or more elected members in the College of Workers and Employees during the election of the works council and if he has at least one elected member in one of the other colleges.
"This additional delegate is designated among the candidates for the professional elections who collected at least 10% of the votes cast in the first round of the last elections to the corporate committee or staff delegates, regardless of the number of votes cast.
"Art. L. 414-30.-In companies of two thousand employees and more with at least two establishments of fifty employees each or more, each representative union in the company may designate a central business union delegate, separate from the establishment union delegates.
"This central union delegate is designated by a union that has won at least 10% of the votes cast in the first round of the last elections of the holders to the corporate committee or the sole delegation of the staff or, if not, staff delegates, regardless of the number of votes, by adding the votes of all the establishments included in these companies.
"All provisions relating to the business union delegate are applicable to the central trade union delegate.
"In companies of less than two thousand employees with at least two establishments of fifty employees each or more, each representative union may designate one of its union representatives in order to also exercise the functions of the central trade union delegate.
“Subparagraph 2
« Companies of less than fifty employees
"Art. L. 414-31.-In institutions that employ less than fifty employees, representative unions in the establishment may designate, for the duration of its term, a staff delegate as a union delegate.
"Without conventional provision, this mandate does not open an hour credit. The time available to the staff delegate for the exercise of his or her mandate may be used under the same conditions for the performance of his or her duties as a union delegate.
“Paragraph 3
“Formalities
"Art. L. 414-32.-The names of the union representative(s) are notified to the employer under conditions determined by order. They are posted on trade union communications panels.
"The copy of the communication addressed to the employer is addressed simultaneously to the Labour Inspector.
"The same procedure shall be applied in the event of replacement or termination of office of the delegate.
“Paragraph 4
« Contestations
"Art. L. 414-33.- Disputes relating to the conditions of designation of legal or treaty union delegates are the sole competence of the judicial judge. The appeal is admissible only if it is filed within fifteen days of the completion of the formalities provided for in the first paragraph of Article L. 414-32.
"After this period, the designation is purged of any vice without the employer being able to raise a later irregularity to deprive the designated delegate of the benefit of the provisions of this section.
"When a challenge makes the use of an instruction essential, the costs of this measure are borne by the State.
"Subsection 2
“Term of office
"Art. L. 414-34.-The functions of union delegate are consistent with those of staff delegate, staff representative on the business or institution committee or union representative on the business or institution committee.
"Art. L. 414-35.-In the event of a change in the legal situation of the employer as referred to in Article L. 122-24, the term of office of the union delegate or the central union delegate shall remain when the company that is the subject of the amendment retains its legal autonomy.
"The same applies when the amendment relates to an establishment within the meaning of section L. 414-28.
"Art. L. 414-36.-The terms of reference for a trade union delegate shall expire when all the conditions laid down in the first paragraph of Article L. 414-28 and Article L. 414-31 cease to be met.
"In the event of a significant and sustainable reduction in the workforce below fifty employees, the removal of the terms of reference for a union delegate is subject to an agreement between the employer and all representative trade union organizations.
"If there is no agreement, the administrative authority may decide that the terms of reference of a trade union delegate will expire.
"Art. L. 414-37.-The number of trade union delegates of each trade union division in each business or establishment is calculated under conditions determined by decree in the Council of State in the light of the number of employees.
"The number so set may be exceeded under the provisions of Article L. 414-29 and the first paragraph of Article L. 414-30.
"Subsection 3
« Exercise of functions
“Paragraph 1
« Hours of delegation
"Art. L. 414-38.-Each union delegate has a time required to perform his or her duties.
"This time is at least equal to:
« 1° Ten hours per month in enterprises or establishments of fifty to one hundred and fifty employees;
« 2° Fifteen hours per month in enterprises or establishments of one hundred and fifty and one to five hundred employees;
« 3° Twenty hours a month in companies or establishments of more than five hundred employees.
"This time can be exceeded in exceptional circumstances.
"Art. L. 414-39.-In companies or institutions where, pursuant to articles L. 414-28 and L. 414-29, a number of delegates are designated for each trade union section, they may apportion among themselves the time they have under their trade union delegate. They inform the employer.
"Art. L. 414-40.-The central trade union delegate provided for in the first paragraph of Article L. 414-30 shall have twenty hours per month for the performance of its duties.
"These hours are in addition to those he can have on a non-constitutive union delegate basis.
"Art. L. 414-41.-Each trade union section shall, for the benefit of its or its trade union representatives and employees of the company called to negotiate the agreement or the business agreement, in order to prepare for the negotiation of this agreement or agreement, have an additional aggregate credit within the limit of a period that cannot exceed:
« 1° Ten hours a year in companies with five hundred employees and more;
« 2° Fifteen hours a year in those of a thousand employees and more.
"Art. L. 414-42.-Delegation hours shall be deemed to be working time and paid at normal maturity.
"The employer who intends to challenge the use of the hours of delegation takes the judicial judge.
"Art. L. 414-43.-The hours used to attend meetings that take place at the employer's initiative are not attributable to delegation time.
“Paragraph 2
“Displacements and traffic
"Art. L. 414-44.-For the performance of their functions, trade union delegates may, during delegation hours, move outside the business.
"They may also, both during the hours of delegation and outside their usual hours of work, circulate freely in the company and take all necessary contacts to carry out their mission, especially with an employee at his or her job, provided that they do not cause any significant discomfort to the work of the employees.
“Paragraph 3
Professional Secret
"Art. L. 414-45.-The trade union delegates are held in professional secrecy for all matters relating to manufacturing processes.
"Subsection 4
"Complementary Attributions in Businesses
less than three hundred employees
"Art. L. 414-46.-In enterprises of less than three hundred employees and in establishments owned by these companies, the union delegate is, by law, a union representative to the business or settlement committee.
"The union delegate is, as such, recipient of the information provided to the business or institution committee.
"Subsection 5
“Derogatory designation conditions
"Art. S. 414-47.-By derogation from Article L. 414-14 and when due to a deficiency in the first round of the professional elections a union delegate could not be appointed within the business or institution or when there is no union representative delegate in the company or institution, the representative of the trade union section referred to in Articles L. 414-14 and L. 414-17 designated by an organization
"If, at the end of the professional elections following the mandate of the representative of the trade union section, the trade union organization to which he is a member is not recognized representative and appoints another representative of the trade union section, it cannot be mandated until the six months preceding the dates of the professional elections in the company.
"In the event of serious misconduct, the employer may issue the immediate release of the interested party pending the final decision.
"This decision is, barely null and void, motivated and notified to the labour inspector within 48 hours of its effective date.
"If the termination is refused, the set-up is cancelled and its effects removed from law.
"Subsection 6
“Protection of union delegate
"Art. L. 414-48.-The employee invested in a trade union delegate's mandate shall be protected against termination provided for in this subsection, including in a procedure for the safeguarding, recovery or liquidation of the court. Also benefit from the protection against dismissal provided for in this subsection by the trade union delegate, established by labour agreement or collective agreement.
"The dismissal of a union delegate can only take place after the Labour Inspector's authorization. This authorization is also required for the termination of the former union delegate, within twelve months of the date of termination of his or her duties, if he or she has exercised the latter for at least one year. It is also required when the letter from the union notifying the employer the designation of the union delegate was received by the employer or when the employee demonstrated that the employer was aware of the imminence of his designation as a union delegate, before the employee was summoned to pre-retirement maintenance.
"The application for leave to terminate a union delegate is addressed to the labour inspector.
"In the event of serious misconduct, the employer may issue the immediate release of the interested party pending the final decision.
"This decision is, barely null and void, motivated and notified to the labour inspector within 48 hours of its effective date.
"If the termination is refused, the set-up is cancelled and its effects removed from law.
"Art. L. 414-49.-The termination of the fixed-term employment contract of the trade union delegate before the end of the term due to a serious fault, or the inability of the work doctor or the arrival of the term when the employer does not intend to renew a contract with a renewal clause, may intervene only after the work inspector's authorization.
"This procedure is applicable for the six months following the expiry of the mandate.
"In the branches of seasonal activity, these periods of protection are extended for a period equal to the usual period of interruption of the employee's activity.
"The termination of the fixed-term employment contract of a trade union delegate is subject to the same procedure as that applicable in the event of termination.
"The arrival of the term of the fixed-term employment contract only results in the termination of the employment contract after the Labour Inspector finds that the employee is not discriminated against.
"The employer seizes the Labour Inspector one month before the end of the term.
"The Labour Inspector shall rule before the date of the contract.
"Art. L. 414-50.-Where it is included in a partial transfer of business or establishment by application of section L. 122-24, the transfer of a trade union delegate or a former trade union delegate who has served for at least one year may only intervene after the authorization of the labour inspector.
"The Labour Inspector ensures that the employee is not discriminated against.
"If the transfer authorization is denied, the employer proposes to the employee a similar job with equivalent remuneration in another institution or other part of the undertaking.
"Art. L. 414-51.-Where the competent minister cancels, on a hierarchical basis, the decision of the labour inspector authorizing the dismissal of a trade union delegate or when the administrative judge cancels the decision to authorize the labour inspector or the competent minister, the trade union delegate or former trade union delegate concerned has the right, if he requests it within two months of the notification of the decision, to be reinstated in his or her employment.
"Art. L. 414-52.-Where the cancellation of an authorization decision has become final, the union delegate is entitled to compensation for the totality of the damage suffered during the period between his termination and his reintegration, if he has made the application within two months of the notification of the decision.
"Indemnity is the total of the damage suffered during the period between his termination and the expiration of the two-month period if he did not request his reintegration.
"This payment is accompanied by the payment of the contributions to this allowance, which constitutes an additional salary.
"Art. L. 414-53.-The termination of the labour contract of a trade union delegate or a former union delegate in ignorance of the provisions relating to the administrative authorization procedure provided for in this subsection shall be punished by imprisonment for one year and a fine of €3,750.
"The transfer of the employment contract of an employee referred to in the first paragraph included in a partial transfer of business or establishment in breach of the provisions relating to the administrative authorization procedure shall be punished by the same penalties.
“Section 4
“Additional provisions on enterprises
Public sector
"Art. L. 414-54.-This section applies, as a supplementary measure, to the establishments and undertakings referred to inArticle 1 of Act No. 83-675 of 26 July 1983 on democratization of the public sector.
"Art. L. 414-55.-The employer engages with representative trade union organizations in the company a negotiation on the complementary modalities for the exercise of the right to trade union.
“This negotiation includes:
« 1° The time each employee has, without loss of remuneration, to participate in meetings organized by the trade unions in the company's premises and during the working time;
« 2° The conditions under which employees, members of representative trade union organizations in the company, may obtain, within the limits of a quota determined in relation to the employees of the company, a suspension of their employment contract with a view to exercising, for a fixed period, permanent functions in the service of the trade union organization to which they belong, with a guarantee of reintegration in their employment or a job equivalent to the end of that period;
« 3° The conditions and limits in which members of the representative trade union sections in the company, responsible for responsibilities within their trade union sections, may abstain, without loss of remuneration, from participating in the statutory meetings of their governing bodies and to exercise their responsibilities;
« 4° The conditions and limits in which members of the trade union sections, responsible for responsibilities within their trade union organizations, may refrain, without loss of remuneration, from participating in trade union meetings held outside the company;
« 5° The conditions under which the collection of union dues can be facilitated.
"The non-signatory trade union organization(s) of the agreement referred to in this section shall be deemed to accede to this agreement, unless refused within one month of its signature.
“Section 5
“Economic, social and trade union training for employees
to perform trade union functions
"Art. L. 414-56.- Employees appointed to perform trade union functions are entitled to the economic, social and trade union training leave provided for in Article L. 225-1.
"The total length of leave taken as such in the year by an employee shall not exceed eighteen days.
"Art. L. 414-57.-The training of employees who are called to exercise trade union responsibilities, particularly in organizations of an economic and social character, may be ensured:
« 1° either by specialized centres, directly linked to representative trade union organizations at the national level;
« 2° Either by internal institutes at universities.
"However, organizations with a total or partial specialization in agreement with trade union organizations may participate in the training of employees who are called to exercise trade union responsibilities. To benefit from the provisions of section L. 414-58, these organizations must have received the approval of the Minister of Labour.
"Art. L. 414-58.-The State provides financial assistance to the training of employees provided by the centres, institutes and organizations mentioned in Article L. 414-57.
"Art. L. 414-59.-A decree in the Council of State sets out the modalities for the application of this section.
“Section 6
« Criminal provisions
"Art. L. 414-60.-To bring an obstacle to the exercise of the right to organize, as defined in articles L. 414-4, L. 414-9 and L. 414-11 to L. 414-46, is punishable by one year's imprisonment and a fine of €3,750.
"Art. L. 414-61.-The employer's failure to recognize the provisions of sections L. 414-5 to L. 414-8 relating to trade union discrimination is liable to a fine of €3,750.
"Recidivism is punishable by one year's imprisonment and a fine of € 7,500. »
II. ― In Article L. 420-2, the words "of Article L. 412-3" are replaced by the words "of Article L. 412-1".
III. — Title III of Book IV is amended as follows:
1° In sections L. 431-2 and L. 433-1, the words "of article L. 620-8" are replaced by the words "of article L. 011-4";
2° In sections L. 433-2, L. 433-10, L. 433-12 and L. 433-16, the words "of article L. 412-3" are replaced by the words "of article L. 412-1".
IV. ― Title IV of Book IV is amended as follows:
1° In sections L. 441-3 and L. 443-1, the words "of article L. 620-8" are replaced by the words "of article L. 011-4";
2° In sections L. 441-4, L. 443-2, L. 443-8 and L. 443-11, the words "of article L. 412-3" are replaced by the words "of article L. 412-1";
3° In article L. 441-7, the words "in articles L. 450-3 and L. 450-4" are replaced by the words "in articles L. 450-1 and L. 450-2";
4° In Article L. 442-7, the words "in Article L. 223-7" are replaced by the words "in Articles L. 223-17 to L. 223-20".
V. ― The title V of Book IV is amended as follows:
1° Articles L. 450-1 and L. 450-2 are repealed;
2° Articles L. 450-3 and L. 450-4, respectively, become articles L. 450-1 and L. 450-2.
Book VI of the same code is amended as follows:
1° In Article L. 610-11, the words "in Article L. 000-1" are replaced by the words "in Article L. 011-1";
2° Sections L. 620-8 and L. 620-9 are repealed.
In article L. 711-6 of the same code, the words "of article L. 412-3" are replaced by the words "of article L. 412-1".
In all legislation, including the code of social action and families, the Trade code, the code of the judicial organization, the Criminal code, Code of Criminal Procedure, rural and maritime fishing code and Social Security Code, references to provisions amended by this Order are replaced by references to the corresponding provisions of this Order.
I. ― This Order comes into force on the first day of the month following its publication.
II. - Derogation from I:
1° The provisions of sections L. 413-18 to L. 413-23 and 3° of section L. 412-1 of the Labour Code applicable to Mayotte relating to the establishment, certification and advertising of the accounts of the trade union organizations apply from the 2016 accounting year;
2° The provisions of Articles L. 412-1 to L. 412-6, L. 414-9, L. 414-28 to L. 414-30, L. 414-36 (first paragraph), L. 414-37 (second paragraph), L. 414-39, L. 414-40 and L. 414-47 of the Labour Code applicable to Mayotte relating to the representativeness of the trade union organizations and
3° The provisions of sections L. 412-7 to L. 412-12 of the Labour Code applicable to Mayotte relating to trade union representativeness at the occupational level and at the national and inter-professional level shall apply from the second step of the hearing under sections L. 2122-5 to L. 2122-7, L. 2122-9 to L. 2122-13 of the Labour Code;
4° The provisions of sections L. 414-13 to L. 414-17 of the Labour Code applicable to Mayotte relating to the Trade Union Section shall apply effective 1 January 2013;
5° At the corporate level, the representativeness of trade union organizations within the meaning of Article L. 412-1 applies from the result of the first professional elections in the company or institution for which the date fixed for the first meeting of the negotiation of the pre-election agreement is after December 31, 2012 for the application of Articles L. 132-2, L. 320-14, L. 330-10-2, L.
6° At the professional or inter-professional level, the representativeness of trade union organizations within the meaning of section L. 412-1 shall apply from the second step of the hearing to the result of which Mayotte's companies have contributed for the purposes of sections L. 132-2, L. 320-14, L. 327-1 and L. 330-7 of the Labour Code applicable to Mayotte.
III. ― The following provisions of the Labour Code applicable to Mayotte come into force on the effective date of the regulatory provisions for the application of this Order and no later than October 1, 2012:
1° Title IV of the preliminary book on professional equality between women and men;
2° Under Book I, the preliminary chapter on equal pay for women and men and chapter III on payment of wages;
3° Title V of Book I relating to rules of procedure, protection of employees and disciplinary law;
4° In Book II, Chapter III on leave with pay and Chapter V on other leave;
5° Articles L. 412-2, L. 413-2 to L. 413-4, L. 414-56 to L. 414-58 relating to trade unions.
For the calculation of the number of employees provided for in section L. 011-4, the employees of the company or the organization that employs them are also excluded until the expiry of the devices concerned:
1° Recipients of consolidated employment and employment contracts throughout the contract;
2° Recipients of return to employment contracts for one year from the date of employment.
For the purposes of the provisions of Articles 12 to 16 of this Order, is recognized as representative any union affiliated to a representative organization at the national and interprofessional level on the date of entry into force of this Order or whose territorial representativeness has been recognized by the representative of the State in Mayotte, according to the following criteria:
― staffing;
independence;
- contributions;
– the experience and seniority of the union.
Till the results of the first professional elections in the company or institution for which the date fixed for the first meeting of the negotiation of the pre-election agreement is after 31 December 2012, the representativeness of the employee's trade union organizations is appraised in accordance with the provisions of Article 11 of this order, in particular for the purposes of Articles L. 132-2, L. 320-14, L. 330-7, L. 433-2
Until the first determination of the hearing at the professional level and at the national and inter-professional level to the result of which the Mayotte companies will have contributed, the representativeness of the employee union organizations remains founded at the professional level and at the inter-professional level on the provisions of Article 11 of this Order, in particular for the application of Articles L. 132-2, L. 320-14, L. 327
Until this first determination, the provisions of the Labour Code applicable to Mayotte implemented by branch agreement may also be implemented by a departmental interprofessional agreement.
Until 1 January 2013, the provisions of Article L. 414-13 of the Labour Code applicable to Mayotte are replaced by the following provisions:
"Each representative union within the meaning of section 11 of this order may decide to establish within the company a union section that ensures the representation of the material and moral interests of its members, in accordance with section L. 413-1. »
Until the results of the first professional elections in the company or institution for which the date fixed for the first meeting of the negotiation of the pre-election agreement is after December 31, 2012, the following provisions apply:
1° In companies that employ at least fifty employees, each representative union within the meaning of Article 11 of this Order shall designate a union delegate to represent it with the head of business. The designation of a trade union delegate may take place when the number of employees at least fifty has been reached for twelve months, consecutive or non-consequential, in the previous three years. In enterprises of at least five hundred employees, any representative union that obtained at the time of the election of the works council one or more elected in the workers' and employees' college and that, in addition, has at least one elected in any of the other two colleges may designate an additional union delegate among its members belonging to either of these two colleges. The designation of a trade union delegate may take place when the number of employees or more has been reached for 12 months, consecutive or non-consequential, in the previous three years. In the event of the creation of a company, this period is reduced to four months;
2° In companies with at least two thousand employees with at least two or more establishments of fifty employees each or more, each representative union within the meaning of section 11 of this order may designate a central business union delegate, separate from the establishment union delegates. Except as a special provision, all rules relating to the business union delegate are applicable to the central trade union delegate. In companies with less than two thousand employees with at least two establishments of fifty employees each or more, each representative union may designate one of its union representatives in order to also perform the functions of central trade union delegate. The designation of a trade union delegate may take place when the number of employees or more has been reached for 12 months, consecutive or non-consequential, in the previous three years;
3° Trade union delegates regularly appointed pursuant to this Article shall retain their mandate and prerogatives until the results of the first professional elections held in the company or institution whose date fixed for the negotiation of the pre-election protocol is after 31 December 2012. After these elections, the trade union delegates designated under this section shall retain their mandate and prerogative as long as all the conditions set out in articles L. 414-28 and L. 414-31 are met;
4° Obstructing the exercise of the trade union right set out in this section is punishable by one year's imprisonment and a fine of €3,750.
The Prime Minister, the Minister of Justice, the Minister of Labour, Employment, Vocational Training and Social Dialogue and the Minister of Overseas are responsible, each with respect to him, for the application of this Order, which will be published in the Official Journal of the French Republic.
Done on 7 June 2012.
François Hollande
By the President of the Republic:
The Prime Minister,
Jean-Marc Ayrault
The Minister of Labour, Employment,
vocational training
and Social Dialogue,
Michel Sapin
The guard of the seals,
Minister of Justice,
Christiane Taubira
Minister of Overseas,
Victorin Lurel
