Key Benefits:
Minister Labour, employment and social dialogue,
Seen job code, including its article L. 2261-15;
In view of the order of 27 September 1973 and the successive orders extending the collective agreement Jewellery, jewellery, jewellery and related activities of 5 June 1970, updated on 20 March 1973 and of the texts which have been completed or amended;
In view of the agreement of 12 December 2013 on the implementation of certificates of Professional qualification, entered into as part of the National collective agreement referred to above;
Having regard to the amendment of 12 December 2013 on occupational classifications, to the aforementioned national collective agreement;
Having regard to the endorsements of 31 January 2014 Monthly " And " Frames " The collective agreement and the agreements of 24 February 1982, 9 July 1996 and 4 December 1998 on working time, to the aforementioned national collective agreement;
In view of the request for extension submitted by the signatory organisations ;
In view of the opinions published in the Official Journal of 25 April 2014;
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), rendered at the time of the May 22, 2014 session,
Stop:
Article 3 of the amendment of 31 January 2014 is extended under Reservation of the combined application of the provisions of articles L. 2231-1 and L. 2261-7 of the Labour Code as interpreted by the case-law of the Court of Cassation (Cass. Sc., 17 September 2003, No. 01-10706; 31 May 2006, No. 04-14060; 8 July 2009, No. 08-41507).
Point 1 of III of Article 16 is extended subject to the application of the provisions of L. 1225-34 of the
third paragraph of 2 of III of Article 16 is extended subject to the application of provisions of the Article L. 1225-66 of the Labour Code.
Article 22 is extended subject to the application of the provisions of Article L. 3141-5 of the Labour Code As interpreted by the case-law of the Court of Cassation (Cass. Soc. 3 July 2012, No. 08-44.834), namely assimilation into effective working time of all the cases referred to in this article.
The eighteenth paragraph of Article 22 is extended subject to cross-application of the provisions of article L. 3141-26 of the Labour Code and the case-law of the Court of Cassation (Cass. Soc. 11 January 2011, No. 09-65.514 and Cass. Soc. 28 September 2011, No. 09-70.612).
The last paragraph of Article 38 and the last paragraph of Article 47 are extended subject to the application of the Href=" /viewCodeArticle.do?cidTexte=LEGITEXT000006072050&idArticle=LEGIARTI000019067676&dateTexte= &categorieLink = cid"> provisions of article L. 1221-24 of the labor code.
The terms: " Working normally " Article 40 II is excluded from the extension as being contrary to the provisions of Articles L. 1132-1 and L. 5213-7 of the Labour Code.
Article 56 is extended subject to the application of the provisions of paragraph 1 of Article L. 3121-11-1 of the Job. The
paragraph of Article 56 is excluded from the extension as contrary to the provisions of Act No. 2008-789 of 20 August 2008 for the renovation of the Social democracy and the reform of working time, under which the employer no longer has to inform the labour inspector in the event of overtime work within the limit of the annual quota or to seek his authorisation for Exceed this quota.
Article 65 is extended subject to the fact that the period of 16 hours constitutes the minimum period of derogation for the branch fixed under the article L. 3123-14-1 of the job code.
The terms: " At the end of the count period " In the first paragraph of Article 68-6 shall be excluded from the extension as contrary toR. 5122-2 of the Job.
Article 69 is extended subject to the application of the provisions of Article L. 3111-2 of the Labour Code As interpreted by the case-law of the Court of Cassation (Cass. Soc. 31 January 2012, No. 10-24.412 and Cass. Soc., 31 January 2012, No. 10-23.828).
Section 72 is extended to include the following: " Unless otherwise provided for in the legal conditions " In the tenth paragraph.
The first paragraph of the " E.-Follow-up " Is extended subject to the application of the provisions of Article L. 2323-29 of the Labour Code.
The extension of the effects and sanctions of the endorsements and the aforementioned agreement shall take effect from the date of publication of this Order for The remaining time to be run and the conditions laid down by such endorsements
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 June 26, 2014.
For the minister and delegation:
The general manager of the job,
Y. Struillou
