Key Benefits:
Publics concerned: users of the Labour Code applicable to Mayotte, which contains labour, employment and vocational training legislation and regulations applicable to Mayotte.
Subject: creation of a single regulatory part in the Labour Code applicable to Mayotte on the model of the Labour code.
Entry into force: the text comes into force on November 1, 2012.
Notice: The purpose of the decree is to amend the architecture of the regulatory part of the Labour Code applicable to Mayotte to coincide with that of the Labour code. The articles from decrees in the Council of State and those resulting from simple decrees, which have been distributed between two parties, are gathered in one.
References: the provisions of the Labour Code applicable to Mayotte as amended by this Decree may be consulted, in their drafting resulting from this amendment, on the Legifrance website (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Labour, Employment, Vocational Training and Social Dialogue,
Considering the Labour Code applicable to Mayotte;
Having regard to the opinion of the Superior Codification Commission dated 17 September 2012;
The State Council (Social Section) heard,
Decrete:
The articles of the third part of the Labour Code applicable to Mayotte: "Regulation Party: Simple Orders" are incorporated in the second part of this Code "Regulatory Party: Council of State Orders" whose title becomes "Regulation Party" under the conditions set out in Articles 2 and 3.
The provisions contained in the third part of the Labour Code applicable to Mayotte are inserted as follows in the regulatory part of that Code as it arises from section 1:
1° In Book I:
(a) In chapter I of title I, it is inserted the article D. 711-1, which becomes article D. 111-1;
(b) In Chapter I of Title IV, after Article R. 141-2, the articles D. 141-1 to D. 141-7, which, respectively, become articles D. 141-2-1 to D. 141-2-7;
2° In title I of Book II:
(a) In chapter I, articles D. 211-1 to D. 211-4 are inserted;
(b) In chapter II, after section R. 212-3, articles D. 212-1 to D. 212-5 are inserted, respectively, in sections D. 212-4 to D. 212-8;
3° In chapter III of title II of Book II, after article R. 223-1, articles D. 223-1 to D. 223-4, which, respectively, become articles D. 223-2 to D. 223-5;
4° In subsection 1 of section 7 of chapter III of title III of Book II, after article R. 233-80, it is inserted articles D. 233-1 to D. 233-9, which respectively become articles D. 233-80-1 to D. 233-80-9;
5° In title I of Book III:
(a) In section 2 of chapter II, after article R. 312-8, it is added article D. 312-1, which becomes article D. 312-9;
(b) In chapter III, entitled “Repression of illegal work”, articles D. 313-1 to D. 313-2 are inserted;
6° In chapter I of title II of Book III, after article R. 321-12, it is inserted article D. 327-10, which becomes article D. 321-12-1;
7° In chapter II of Book III title II:
(a) In subsection 1 of subsection 4 of section 2, after section R. 322-23, it is inserted the article D. 322-1, which becomes article D. 322-23-1;
(b) In subsection 2 of subsection 4 of section 2, after section R. 322-30, the article D. 322-2, which becomes article D. 322-30-1;
(c) Section 2 adds a sub-section 5 entitled:
"Subsection 5
"Immersion Periods"
(d) This subsection 5 is composed of articles D. 322-3 to D. 322-8, which become articles D. 322-30-2 to D. 322-30-7;
(e) In subsection 3 of section 3, after article R. 322-46, it is inserted the article D. 322-9, which becomes article D. 322-46-1;
8° In the following chapters of Book III title II:
(a) After Article R. 324-1, it is inserted Article D. 324-9, which becomes Article D. 324-2;
(b) In section 1 of chapter V, after article R. 325-1, it is inserted the article D. 325-1, which becomes article D. 325-1-1;
9° Under Book IV:
(a) Chapter II is supplemented by a section 9 entitled:
“Section 9
"Annual Report on Comparative Situation
women and men in the company »
(b) This section 9 is composed of article D. 442-1, which becomes article D. 442-22;
10° In chapter IV of title I of book V, after article R. 514-6, it is added articles D. 514-1 to D. 514-4, which, respectively, become articles D. 514-7 to D. 514-10;
11° Chapter I of Book VII:
(a) In the title of the chapter, the word "communities" is replaced by the word "relative";
(b) After section R. 711-1, it is inserted articles D. 712-1 to D. 712-17 of the same code, which respectively become articles D. 711-2 to D. 711-18.
The provisions inserted under sections 1 and 2 in the regulatory part of the Labour Code applicable to Mayotte are thus amended:
1° In section D. 141-2-5, the reference to section D. 141-4 is replaced by the reference to section D. 141-2-4;
2° In D. 212-8, in the first and second paragraphs, the reference to D. 212-3 is replaced by the reference to D. 212-6 and the reference to D. 212-4 is replaced by the reference to D. 212-7;
3° In Article D. 233-80-1, the reference to Article D. 233-2 is replaced by the reference to Article D. 233-80-2;
4° In Article D. 233-80-3, the reference to Article D. 233-1 is replaced by the reference to Article D. 233-80-1;
5° Article D. 233-80-4:
(a) In the first and fourth paragraphs, the reference to Article D. 233-1 is replaced by the reference to Article D. 233-80-1;
(b) In the first paragraph, the reference to Article D. 233-2 is replaced by the reference to Article D. 233-80-2;
6° In Article D. 233-80-5, the reference to Article D. 233-1 is replaced by the reference to Article D. 233-80-1;
7° Article D. 233-80-7:
(a) In the first paragraph, the reference to Article D. 233-5 is replaced by the reference to Article D. 233-80-5;
(b) In the third and fourth paragraphs, the reference to Article D. 233-4 is replaced by the reference to Article D. 233-80-4;
8° Article D. 233-80-8:
(a) In the first paragraph, the reference to Article D. 233-3 is replaced by the reference to Article D. 233-80-3;
(b) In the fifth paragraph, the reference to Article D. 233-1 is replaced by the reference to Article D. 233-80-1;
9° In Article D. 322-30-7, the reference to Article D. 322-7 is replaced by the reference to Article D. 322-30-6;
10° To sections D. 514-9 and D. 514-10, the reference to article D. 514-1 is replaced by the reference to article D. 514-7 and the reference to article D. 514-2 is replaced by the reference to article D. 514-8;
11° In Article D. 712-2, which becomes Article D. 711-3, the reference to Article D. 712-13 is replaced by the reference to Article D. 711-14;
12° In Article D. 712-8, which becomes Article D. 711-9, the reference to Article D. 712-10 is replaced by the reference to Article D. 711-11;
13° To sections D. 712-9 and D. 712-10, which respectively become articles D. 711-10 and D. 711-11, the reference to article D. 712-8 is replaced by the reference to article D. 711-9;
14° In Article D. 712-11, which becomes Article D. 711-12, the reference to Article D. 712-9 is replaced by the reference to Article D. 711-10 and the reference to Article D. 712-10 is replaced by the reference to Article D. 711-11;
15° In Article D. 712-15, which becomes Article D. 711-16, the reference to Article D. 712-13 is replaced by the reference to Article D. 711-14.
The references contained in the provisions of a regulatory nature to provisions inserted pursuant to Articles 1 and 2 of this Decree in the regulatory part of the Labour Code applicable to Mayotte are replaced by the references to the corresponding provisions of the regulatory part of this Code.
This Order comes into force on November 1, 2012.
The Minister of Labour, Employment, Vocational Training and Social Dialogue and the Minister of Overseas are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 30 October 2012.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of Labour, Employment,
vocational training
and Social Dialogue,
Michel Sapin
Minister of Overseas,
Victorin Lurel
