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JORF n ° 0190 of August 17, 2012 page 13525
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Order of August 6, 2012 extending the Unified National Collective Agreement " Ports and handling " And d 'agreements and d 'a rider entered into as part of this collective agreement (#3017) NOR: ETST1231896A ELI: Not available
Minister of Labour, Employment, Vocational Training and Social Dialogue,
Seen job code, including its article L. 2261-15;
Given the unified national collective agreement " Ports and handling " On 15 April 2011;
Having regard to the agreement of 15 April 2011 on the taking into account of the special hardship of port trades concluded in the framework of the aforementioned national collective agreement;
Having regard to the agreement of 16 April 2011 on the Early termination of activity, concluded within the framework of the aforementioned national collective agreement;
Given the amendment No. 1 of October 24, 2011, concerning minimum wages and bonuses, to the aforementioned national collective agreement;
Seen Extension requests submitted by the signatory organizations;
Due to published notices In the Official Journal of 9 and 31 December 2011;
In view of the opinions gathered during the investigation;
In view of the reasoned opinion of the National Commission for Collective Bargaining (Sub-Committee on Conventions and Agreements), delivered at the meeting of 21 February 2012,
Stop:
Item 1
-the said collective agreement;
The last sentence of the preamble is extended, subject to compliance with the provisions of Title II, on working time, of the Href=" /viewTexte.do?cidTexte=JORFTEXT000019347122 &categorieLink = cid"> Law n ° 2008-789 of 20 August 2008 that modify the hierarchy of standards and favour the level of the enterprise agreement in terms of working time.
Points 2.1 and 2.2 of Article 5 shall be extended to the exclusion of the words: Working normally " As contrary to the
provisions of Article L. 1132-1 of the Labour Code.
The grid applicable to employees of the Handling (V4pr) set out in point 2.1 of Article 5 and annexed to the Convention shall be extended, subject to the application of the regulations laying down the minimum interprofessional growth wage.
The second Paragraph 3.4 of the A of Article 6 shall be extended, Reserve for the application of the provisions of Article L. 1237-10, referring to
Article L. 1234-1 of the Labour Code The first two indents of point 2.1 of A of Article 8 are extended, subject to compliance with the
provisions of sections L. 2143-3 And L. 2231-1 of the job code.
In the fourth paragraph of the chapter on the Central Enterprise Delegate, point 2.3 of Article 8, the words: The filing of lists of candidates in these elections " Are excluded from the extension as contrary to
L. 2324-22 of the Labour, as interpreted by the Court of Cass. Soc. June 15, 2011, No. 10-25282).
The word: " Representative " In the first sentence of the sixth paragraph of the chapter devoted to the central business representative in point 2.3 of A of Article 8, shall be excluded from the extension as contrary to
article L. 2324-2 of the Labour Code.
The second paragraph of the delegates' monthly hours credits chapter Trade union in point 2.3 of A of Article 8 is extended to the exclusion of the words: Or the authority that takes place " As contrary to the
provisions of Article L. 2411-3 paragraph 1 of the Labour Code.
The second indent of the sixth Paragraph 4 of A of Article 8 is extended, subject to the word " 2 " Be heard as " 2 % " In accordance
Article L. 3142-10 of the Labour Code. The last paragraph of Article 8, paragraph 4, is excluded from the The extension as contrary to
article L. 3142-9 of the job code.
The term: " Representative " Paragraph 6 of B of Article 8 is excluded from the extension, as contrary to
L. 2314-3 of the Code of
first sentence of the second subparagraph of paragraph 8 of B of Article 8 is excluded from the extension as being contrary to
provisions of article L. 2314-10 of the
of paragraph 9 of the B of Article 8 shall be extended, subject to compliance
Article L. 2314-11 of the Labour Code.
The first paragraph of Article 8, paragraph 10, is extended, subject to compliance with
article L. 2314-15 of the job code.
The third paragraph of Article 8, paragraph 10, is extended to the exclusion of the expression: Without interruption ", as being contrary to the provisions of Article L. 2413-16 of the Labour Code.
The fifth paragraph of Article 8 (10) is excluded from the extension, as contrary to the provisions of Article L. 2413-16 The Labour Code.
The third paragraph of the Subpart " Elections " Paragraph 18 of C of Article 8 is extended to the exclusion of the words: Which would be set up by means of a collective agreement of the place " As contrary to
article R. 2323-28 of the Labour Code.
The seventh paragraph of the Subpart " Elections " Paragraph 18 of C of Article 8 is extended, excluding the words: Representative in the business " As contrary to
article L. 2324-2 of the Labour Code.
The first and fourth paragraphs of the Subpart " Colleges " Paragraph 18 of C of Article 8 shall be extended to the exclusion of the formula " Except agreement between the parties on the number and composition of the electoral colleges " (first paragraph), and the formula " Agreement between the employer and all the trade union organisations " (fourth paragraph) as contrary to the
provisions of Article L. 2324-12 of the Labour Code.
The last two Paragraph 23 of D of Article 8 shall be extended, subject to compliance with the provisions of
R. 4624-19 of the Code Job which provides that only Certain categories of employees benefit from enhanced medical supervision.
The last paragraph of Article 8 is extended, subject to the application of the
provisions of the second paragraph of article R. 6332-7 of the Labour Code.
Article 10 is extended, subject to
provisions of article L. 2241-9 of the code of the job.
The third paragraph of paragraph 2 of Article 12 is extended, Reservation that, in accordance with
Article L. 2261-10 of the Labour Code, the denunciation emanates from all the signatories Employers or salaried signatories, Organisations having obtained the majority of the votes cast in its scope, under the conditions laid down in the last paragraph of Article L. 2261-10.
-the agreement of 15 April 2011 concerning the taking into account of the penile Specific to port trades, concluded within the framework of the abovementioned national collective agreement;
-the agreement of 16 April 2011 on the early cessation of activity concluded under the aforementioned national collective agreement ;
-Amendment No. 1 of October 24, 2011, concerning minimum wages and Premiums, to the aforementioned national collective agreement subject to the application of the regulations laying down the minimum wage interprofessional for growth.
Article 2
The extension of the effects and sanctions of the collective agreement, the agreements and the endorsement referred to above shall take effect from the date of publication of this Order for the remaining period to be run and The conditions laid down in the said collective agreement, those Agreements and such endorsement.
Article 3
The Director General of Labour shall be responsible for the execution of this Order, which shall be published in the Journal Official of the French Republic.
Dated on August 6, 2012.
For the minister and by delegation:
By preventing the general manager
from the job:
The Assistant Director,
Y. Calvez
Note. -The texts of the collective agreement, the agreements and the amendment referred to above have been published in the Official Bulletin of the Ministry, collective agreements No. 2011/26 and 2011/49, available at www.journal-officiel.gouv.fr/bocc.
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