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Order Of 13 August 2012 On The Extension Of Two Professional National Agreements In The Area Of The Library And The National Collective Agreement Of The Library (No. 3013)

Original Language Title: Arrêté du 13 août 2012 portant extension de deux accords nationaux professionnels conclus dans le secteur de la librairie et de la convention collective nationale de la librairie (n° 3013)

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JORF n ° 0193 of August 21, 2012 page 13644
Text N ° 65



Decree of 13 August 2012 extending two professional national agreements concluded in the bookshop and national library collective agreement sector (point 3013)

NOR: ETST1232412A ELI: Not available


The Minister of Labour, Employment, Vocational training and social dialogue,
Seen job code, including its article L. 2261-15;
Given the library's national collective agreement of March 24, 2011;
Given the national agreement Professional of 4 October 2011 on the harmonisation of the scope of the agreements of the bookshop branch, concluded in the bookshop sector;
In view of the agreement of 22 September 2011 on the revision of the agreement of 10 December 2008 Relating to the system of foresight and extension of its duration of application, Concluded in the bookshop sector;
Due to the request for extension submitted by the signatory organisations;
In view of the opinions published in the Official Journal of 4 June 2011, 25 November 2011 and 17 December 2011;
In view of the opinions collected at the Course of inquiry;
Given the reasoned opinion of the National Commission for Collective Bargaining (Sub-Committee on Conventions and Agreements), delivered at the session of 12 July 2012,
Stop:

Item 1 provisions of the last paragraph of Article L. 2222-1 of the Work.
Article 7 of the Collective Agreement is extended subject to compliance with the working time provisions of Title II of the Act of 20 August 2008 on the renovation of social democracy which alters the hierarchy of Standards and gives priority to the company's level of development Working time.
The first paragraph of Article 12.2.2 " Conciliation commission " The collective agreement is extended to the exclusion of the terms " These agreements may have been concluded with the works council or with the staff delegate. The agreement must be concluded by a majority of the elected representatives of the body concerned." As contrary to the provisions of Article L. 2232-22 of the Labour Code.
The penultimate paragraph of Article 12.2.2 " Conciliation commission " Of the collective agreement is extended subject to compliance with the application of the provisions of Articles L. 2232-21 and L. 2232-22 of the Labour Code.
The B of 12.2.2 is excluded from the extension as being contrary to the provisions of articles L. 2232-21 and L. 2232-22 of the Labour Code.
Section 12.2.2 "D" Conciliation commission " The collective agreement is extended subject to the application of the provisions of L. 2232-1 of the Work.
-the professional national agreement of 4 October 2011 on the harmonisation of the scope of the bookshop agreements concluded in the bookshop sector;
The first indent of the list of agreements Determined by Article 1 of the Agreement which seeks to " The agreement of 28 April 2005 on the costs incurred by employees' representatives in the negotiations' Is excluded from the extension as it contravens the provisions set out inArticle L. 2261-16 of the Labour Code , which does not Allows the Minister to extend amendments or review agreements to agreements or agreements that are even previously extended.
The term " COM " Included in the second paragraph of Article 2 " New scope " Of the agreement is excluded from the extension as it contravening the provisions laid down in the last paragraph of Article L. 2222-1 The Job Code.
Section 3 " Scope of the agreement ' The agreement is extended subject to compliance with the working time provisions of Title II of the Act of 20 August 2008 on the renovation of social democracy which alters the hierarchy of standards and gives priority to the level of the undertaking As regards the organisation of working time.
-the agreement of 22 September 2011 on the revision of the agreement of 10 December 2008 on the plan for the foresight and extension of its duration of application, concluded in the sector of the bookshop;
The term " COM " Included in the first paragraph of Article 1 " Application field " Shall be excluded from the extension as a breach of the provisions laid down in last paragraph of Article L. 2222-1 of the Job.

Article 2


The extension of the effects and sanctions of the agreements and the aforementioned collective agreement shall take effect from the date of the Publication of this Order for the remainder of Running and the conditions set out in the agreements and agreements.

Article 3


The Director General of the Labour Office shall be responsible for the implementation of the present Order, which will be published in the Official Journal of the French Republic.


Dated on August 13, 2012.


For the minister and by delegation:

By preventing the director General

for the job:

The Assistant Director,

Y. Calvez


Note. -The above-mentioned texts have been published in the Official Bulletin of the Ministry, fascicles and collective agreements No. 2011/19, No. 2011/45 No. 2011/49, available at www.journal-officiel.gouv.fr/bocc.


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