Advanced Search

Decree Of 29 May 2013 On The Extension Of The National Collective Agreement For The Private Sector Companies Live Performance Of 3 February 2012 (No. 3090)

Original Language Title: Arrêté du 29 mai 2013 portant extension de la convention collective nationale des entreprises du secteur privé du spectacle vivant du 3 février 2012 (n° 3090)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Text information




JORF n ° 0130 of June 7, 2013 page 9515
text n ° 97



Decree of 29 May 2013 extending the national collective agreement for the private sector enterprises of the live performance of 3 February 2012 (point 3090)

NOR: ETST1313918A ELI: Not available


The Minister of Labour, Employment, Vocational Training and Social dialogue,
Seen job code, including its article L. 2261-15;
Given the national collective agreement of the private sector companies of the live show on February 3 2012;
Due to the request for extension submitted by the signatory organizations;
In view of the notice published in the Official Journal of 24 April 2012;
In view of the opinions gathered during the investigation;
In view of the reasoned opinion of the National Commission of the Collective bargaining (Sub-Committee on Conventions and Agreements), delivered at the April 11, 2013 session,
Stop:

Item 1 More about this Article ...


The provisions of the collective agreement are made compulsory for all employers and employees included in its scope. National Private Sector Business Enterprises on February 3, 2012.
Article IV-25 " Social and Cultural Action Committee-Live-Private Show " (CASC-SVP) is extended, subject, on the one hand, to the agreement of each of the works councils concerned in accordance with the provisions of article L. 2323-83 of the Labour Code and, on the other hand, respect the role of staff delegates in the operation of All social institutions as defined under section L. 2313-15 of the Labour Code.
Section IV-26.2.2 " In case of absence of a trade union representative in the undertaking ", which provides for specific negotiating rules in the absence of a shop steward, is excluded from the extension as contravening the articles L. 2232-21 of the Labour Code and the following regarding the negotiation and conclusion of agreements with the Elected officials and mandated employees, and as contravening the article L. 2143-23 of the Labour Code and to Article 6-III of Law No. 2008-789 of 20 August 2008 concerning the negotiation With the union representative.
The terms: " Three months of effective month-over-month work " Of Article VII-3 " Period of trial-open-ended contracts " Are excluded from the extension as contrary to the provisions of article L. 1221-19 of the labor code.
The article VII-8 " Retirement " Is extended, subject to the application of the provisions of Article L. 1237-10 of the Labour Code
Article X-1.1 " Provisions relating to employees not covered by the performance holiday fund " Is excluded from the extension as being contrary to the provisions of article L. 3141-3 of the labor code.
Article XI-4 " Additional compensation for accidents at work or occupational disease " Is extended, subject to compliance with the provisions of Articles L. 1226-1, D. 1226-1 and D. 1226-2 of the Labour Code.
Articles XII-4.2 " Designation of the insurer " And 3.2 " Designation of the insurer " Of Annex 2 shall be extended to the exclusion of the words: Equivalent or " Contrary to the provisions of Article L. 912-1 of the Social Security Code and, subject to limiting the Possibility of not joining the insurer designated by the branch, to companies with risk-risk, security guarantees of strictly higher level.
The term: Signatories " In Articles XII-8 " Joint Management Committee ", 5" Management Committee " Of Annex 2 and the second paragraph of Article XVI-8 " Composition and Operation " Are excluded from the extension as contrary to the principle of equality as interpreted by the case-law of the Court of Cassation (notably Cass. Soc. 29 May 2001, Cegelec).
The term: " Signatories " In the first paragraph of Article XVI-8 " Composition and Operation " Is excluded from the extension as contravening the last paragraph of article L. 2232-22 of the Labour Code.
Latest Paragraphs of Articles I-17 " May 1 " And II-8 " May 1 " Of Annex 1 are excluded from the extension as being contrary to the provisions of Article L. 3133-6 of the Labour Code
Article II-6 " Weekly Rest " Of Annex 1 is excluded from the extension as contrary to the provisions of Articles L. 3132-1 and L. 3132-2 of the Job.
The terms: " Be paid with the addition of a premium equal to 7 hours at the straight-time rate " In Article III-2 " Organization of work " Of Annex 1 are excluded from the extension as being contrary to the provisions of Article L. 3132-4 of the Labour Code
The sentence: " If this break cannot be taken, it shall be remunerated and shall be entitled to a premium of the same amount plus a catering allowance " In Article III. (a) " The Work Plan " Of Annex 1 is excluded from the extension as contravening the provisions of Article L. 3121-33 of the Labour Code
Phrase: " The abolition of the break opens the right to a premium corresponding to one hour's salary and the payment of the catering allowance " In Article III-7 " Mounting and disassembly " Of Annex 1 is excluded from the extension as being contrary to the provisions of Article L. 3121-33 of the Labour Code
Article III-7 " Mounting and disassembly " Annex 1 is extended, subject to compliance with the provisions of Article L. 3132-2 of the Labour Code
5.2.4 " Taking paid leave " Of Annex 3 shall be extended, subject to compliance with the provisions of L. 3141-14 and L. 3141-18 of the Job.
Section 7.1.2 " Maximum Work Durations " Of Annex 3 shall be extended, subject to the intervention of the decree provided for under the terms of the provisions of L. 3121-36 of the Code The job.
Section 7.1.5 " Weekly Rest " Of Annex 3 shall be extended, subject to compliance with the provisions of Articles L. 3132-4 and L. 3132-5 of the Labour Code
The sentence: " For room and restaurant staff, to exceed 46 hours averaged over any period of 12 consecutive weeks " In Article 8.1.2 " Maximum duration " Of Annex 3 is excluded from the extension as being contrary to the provisions of Article L. 3122-35 of the Labour Code
Article 3.2.4 " Maximum Weekly Time " Of Annex 4 shall be extended, subject to the intervention of the decree provided for inArticle L. 3121-36 of the Labour Code
Article 1.2.3 " Daily Work Duration-Daily Rest " Annex 5 is extended, subject to compliance withArticle L. 3121-33 of the Labour Code.
Salary grids Under the collective agreement which have a value lower than that of the interprofessional minimum wage for growth revalued on 1 January 2013 (i.e. 9.43 €/h and 1 430.22 €/month) and Articles I-8, I-12, IV-7 and IV-9 of the Collective agreement referring to it are extended, subject to reservation Regulations laying down the minimum interprofessional growth wage.
Annexes 1 to 5 to the Convention, which have minimum wage grids with several applicable amounts, at the same level, According to the number of representations and/or the size of the room, should be extended, provided that the difference in pay between employees having the same qualification and performing the same tasks is based on objective criteria and Verifiable in direct relation to the value of the work performed, in accordance with In principle " Equal work, equal pay " Resulting from Articles L. 2261-22, R. 2261-1 and L. 2271-1 of the Labour Code and of Articles L. 3221-2, L. 3221-3 and L. 3221-4.

Article 2


The extension of the effects and sanctions of the aforementioned Convention shall take effect from the date of publication of this Order For the duration remaining to be run and the conditions laid down by Convention.

Article 3


The Director General of Labour shall be responsible for the execution of this Order, which shall be published in the Official Journal of The French Republic.


Dated on May 29, 2013.


For the Minister and by delegation:

The Director General of Labour,

J.-D. Combrexelle


Note. -The text of the above-mentioned Convention has been published in the Official Bulletin of the Ministry, collective agreements No. 2012/11, available at www.journal-officiel.gouv.fr/bocc.


Downloading the document in RTF (weight < 1MB) Excerpt from the authenticated Official Electronic Journal (format: pdf, weight: 0.16 MB)