Text information
JORF n ° 0124 of May 31, 2013 page 9151
text # 57
Order of 24 May 2013 extending the national collective agreement for the five different food industries NOR: ETST1313269A ELI: Not available
Minister of Labour, Employment, Training and Social Dialogue,
Seen job code, In particular Article L. 2261-15;
Given the national collective agreement of March 21, 2012, of the five different food industries;
In view of the request for extension by the signatory organisations;
In view of the opinion published in the Official Journal of 11 August 2012;
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 sitting of 11 April 2013,
Stop:
Item 1
provisions of Articles L. 2261-7 and L. 2232-16 of the Labour Code as interpreted by the Court of Justice Cass. Soc. 26 March 2002).
Article 1.11 is extended subject to compliance with the provisions of Title II on the working time of the
Act No. 2008-789 of 20 August 2008 which modifies The hierarchy of standards and gives priority to the level of the enterprise agreement on the organisation of working time.
The first subparagraph of Article 2 is extended subject to compliance with
provisions of article L. 2122-11 of the labor code.
Section 2.2.2 penultimate paragraph is excluded from extension As contrary to the
provisions of Articles D. 2231-2 and D. 2231-8 of the Labour Code.
The second paragraph of Article 3.1.7 is extended subject to Application of the
provisions of R. 2143-2 et R. 2143-3 du code du travail.
Section 4.1 is extended under Reserve for the application of the
provisions of Article L. 1132-1 of the Labour Code.
Section 4.5.1 is extended subject to reserve Respect for the case-law of the Court of Cass. Soc. 26 May 1998).
Article 4.9.3 is extended subject to the application of the provisions of
L. 1234-1 of the
4.10 is extended subject to the application of the
provisions of Articles L. 1225-65, L. 3142-20, L. 3142-28 and L. 3142-37 of the Labour Code.
Section 4.11 is extended subject to the application of the
provisions of article L. 1233-45 of the Labour Code.
Paragraphs 4.13.1 and 4.13.2 of Article 4.13 shall be extended subject to the application of the provisions of Article L. 1237-10, referring to
article L. 1234-1 of the Job code.
Section 6.1 and the schedule " Wages " To which it refers shall be extended subject to the application of the regulations laying down the minimum interprofessional growth wage.
Article 7.1.1 shall be extended subject to compliance with
section L. 3132-16 of the Labour Code.
Paragraph " Compensatory Rest " Article 7.1.8 shall be extended subject to the application of the provisions of
L. 3122-39 of the Job.
The terms: " Under 6 years of age " And " By the sole employee " Contained in paragraph " Transfer " To a position for family reasons of the f of Article 7.1.8 and contained in the paragraph " Right of the employee to refuse a night job " Of the same article are excluded from the extension as being contrary to the
provisions of Article L. 3122-44 of the
7.2 is extended subject to compliance with the
provisions of Article L. 3123-31 of the Job.
The second sentence of the first Paragraph of Article 7.3.4 is excluded from the extension as contrary to
Article L. 3152-1 of the Labour Code , which is not intended to A collective agreement and not a unilateral decision of the employer.
The third paragraph of section 8.5.6 is excluded from the extension as an offender Href=" /viewCodeArticle.do?cidTexte=LEGITEXT000006072050&idArticle=LEGIARTI000018493174&dateTexte= &categorieLink = cid"> Sections R. 4624-22 and R. 4624-24 of the Labour Code.
Section 9.1 is extended subject to application The provisions of
Article L. 1226-1 and
Sections D. 1226-1 and later of the Labour Code.
Sections 9.2.3 and 9.2.4 are extended subject to the application of the
Sections D. 1226-1 and D. 1226-2 of the Labour Code.
The terms: " Not remarried, or not paced " And " Subject to being less than 26 years of age on the date of death of the employee ", contained in Article 10.4.1, shall be excluded from the extension as they contravene the principle of equal treatment as interpreted by the settled case-law of the State Council (not. CE, 1st and 6th sub-sections combined, September 30, 2011, No. 341821).
Terms: " Employees who have been recognised as disabled by social security prior to the company's accession shall not be compensated for the invalidity of this plan. ' Contained in Article 10.6 are excluded from the extension as contravening the provisions of Article 2 of the Law " Evin " The
paragraph of Article 11.2 is extended subject to the application of
provisions of the Article L. 4622-8 of the Labour Code which considers " Occupational health service " Instead of the occupational physician.
The first and third paragraphs of the point " Pre-recovery visit " Of section 11.2 are excluded from the extension as contravening the
provisions of sections R. 4624-20 and R. 4624-21 of the Code The job.
The first paragraph of the item " Modalities " The enhanced surveillance of section 11.2 is excluded from the extension as a violation of the
provisions of articles R. 4624-18 and R. 4624-19 of the Labour Code.
The first paragraph of the paragraph " Role of the occupational physician " Article 11.2 (c) shall be extended subject to the application of the
provisions of Articles L. 4622-2 and L. 4622-8 of the Job.
The ninth paragraph of the point " Role of the occupational physician " Article 11.2 (c) is extended subject to the application of the provisions of
R. 4624-16 of the
third paragraph of Article 12.3 is excluded from the extension as being contrary to the
provisions of the Article R. 4624-19 of the job code.
Article 2
The extension of the effects and sanctions of the above agreement shall take effect from the date of publication of this Order for the duration of Remaining to be running and the conditions laid down by the said Convention.
Article 3
The Director General of Labour shall be responsible for the implementation of the present Which will be published in the Official Gazette of the Republic French.
Dated on May 24, 2013.
For the minister and by delegation:
The general manager of the job,
J.-D. Combrexelle
Note. -The text of the above-mentioned Convention has been published in the Official Bulletin of the Ministry, collective agreements No. 2012/28, available at www.journal-officiel.gouv.fr/bocc.
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