Key Benefits:
Publics concerned: technicians of film production of companies under the national collective agreement on film production.
Purpose: To establish a time equivalent to the legal duration of work in the film industry.
Entry into force: the text comes into force on the day after its publication.
Notice: following the conclusion of the national collective agreement on film production on 19 January 2012, extended on 1 July 2013 and entered into force on 1 October 2013, and pursuant to provisions of Article L. 3121-9 of the Labour Code, this decree establishes a period equivalent to the legal duration of the work applicable, during the shooting periods, to the film production technicians.
References: The decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Labour, Employment, Vocational Training and Social Dialogue,
Having regard to Directive 2003/88/EC of the European Parliament and the Council of 4 November 2003 on certain aspects of working time development;
Vu le Labour code ;
Considering the national collective agreement on film production concluded on 19 January 2012, extended by order of 1 July 2013,
Decrete:
In order to take into account inaction times, an equivalency regime is established for the filming period under the following conditions:
1° A duration of forty-five hours equivalent to a duration of forty-two hours (of five days) or a duration of fifty-five hours equivalent to a duration of fifty-five hours and one hour (of six days) for the following employees:
― assistant script cinema;
third assistant film decorator;
― cinema decor accessory;
― assistant operator of sound cinema;
― director of outdoor cinema;
― cinema script;
― assembling cinema;
- cinema manager;
– Chief operator of sound cinema;
― assemblier decorator cinema;
2° A duration of forty-six hours equivalent to a duration of forty-two hours (of five days) or a duration of fifty-six hours equivalent to a duration of fifty-six hours and one hour (of six days) for employees performing the following functions:
– Director of film production;
– director decorator cinema;
– Director of Cinema Photography;
- auxiliary to cinema;
3° A duration of forty-six hours equivalent to a duration of forty-three hours (of five days) or a duration of fifty-six hours equivalent to a duration of fifty-two hours (of six days) for employees performing the following functions:
- auxiliary to cinema production;
― assistant to the film figurative;
― technician back image cinema ;
- dresser cinema;
- secretary of film production;
― film hairdresser;
― assistant maquilleur cinema ;
― second assistant film director;
― responsible for the figurative cinema;
- costumer cinema;
― assistant director cinema;
― second assistant cinema operator;
― accessorist of cinema tray;
― chief filmmaker;
― conductor master cinema;
― first assistant cinema operator;
- director of film production;
- general cinema director;
― first assistant film director;
- head of cinema;
4° A duration of forty-seven hours equivalent to forty-six hours (of five days) or a duration of fifty-seven hours equivalent to fifty-six hours (of six days) for employees performing the following functions:
― cinematographic shooting machine;
― electrician of shooting cinema;
- conductor of a cinema group;
- under-leader of cinema shooting;
― sub-leader of cinema shooting;
– machinist leader in cinema shooting;
― electrician film-taking leader.
The use of the equivalency regime provided for in Article 1 of this Decree shall not have the effect of:
1° Over forty-eight hours the average weekly working hours of employees, counted hourly for hour, for any period of four consecutive months;
2° Over eight hours the working hours of night workers, counted hourly, for any period of twenty-four hours, except as specified in the conditions Articles R. 3122-9 to R. 3122-15 of the Labour Code. In the event of a derogation of the maximum duration of eight hours, these employees are provided with rest periods of at least equivalent to the number of hours that are performed beyond the eighth hour.
For the appreciation of the quality of night worker according to the provisions of Article L. 3122-31 of the Labour Code, the working time of the employees who apply the equivalence regime is discounted hourly for hour.
No employee to whom the equivalency regime provided for in Article 2 of this decree is applied shall perform a working time, decompleted hourly, exceeding six consecutive hours, without the benefit of a break time of a minimum of twenty minutes.
The Minister of Labour, Employment, Vocational Training and Social Dialogue is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 17 December 2013.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of Labour, Employment,
vocational training
and Social Dialogue,
Michel Sapin
