Key Benefits:
Publics concerned: employers, employees.
Purpose: Application of Chapter I of Title II of the Act of 20 January 2014 guaranteeing the future and justice of the pension system.
Entry into force: the text comes into force on January 1, 2018, with the exception of section 1, which comes into force on January 1, 2015.
Notice: Article 10 of the Act of 20 January 2014 guaranteeing the future and the justice of the pension system has changed the regime of the obligation to negotiate in favour of the prevention of inability. This decree first proceeds to transfer, in the Labour code, the regulatory provisions in question currently contained in Social Security Code. In addition, it lowers the minimum proportion of employees exposed above the thresholds of inability to negotiate (as of January 1, 2018). Finally, it develops the content of the agreements and action plans in order to strengthen the exhibition reduction actions and to establish a link with the personal account for the prevention of inability.
References: This decree is made for the application of the legislative provisions of the Labour Code issued under section 10 of the Act of 20 January 2014 guaranteeing the future and justice of the pension system. The texts amended by this decree can be consulted, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs, Health and Women's Rights and the Minister of Labour, Employment, Vocational Training and Social Dialogue,
Vu le Labour codeincluding articles L. 4163-1 and L. 4163-4;
Having regard to the advice of the Council on working conditions dated 9 July 2014;
Considering the advice of the National Standards Assessment Board dated 10 July 2014;
Considering the opinion of the National Collective Bargaining Commission dated 11 July 2014,
Decrete:
I.-Section 1 of Chapter III of Title VI of Book I of Part IV of the Labour Code includes articles D. 138-26, D. 138-28 and D. 138-27 the Social Security Code, which became articles D. 4163-1, D. 4163-2 and D. 4163-3 of the Labour Code, respectively.
II.-A Article D. 4163-1 of the Labour Code, the reference "L. 138-29" is replaced by the reference "L. 4163-2".
III.-Article D. 4163-3 of the Labour Code is amended as follows:
1° The first preambular paragraph shall be replaced by a subparagraph to read:
"The business or group agreement and the action plan referred to in Article L. 4163-2 or the extended branch agreement referred to in Article L. 4163-4 deals with:"
2° At the 1°, the words: "D. 4121-5 of the Labour code are replaced by the words: "D. 4161-2, beyond the thresholds set out in the same article";
3° At 2°, the words: "D. 4121-5 of Labour code are replaced by the words "D. 4161-2".
In Article D. 4163-1 of the Labour Code, the rate: "50%" is replaced by the rate: "25%" and the words: ", appreciated under the conditions provided for in Article D. 138-25" are deleted.
In the first paragraph of Article D. 4163-2 of the Labour Code, after the words "action plan" are inserted the words "as provided for in Article L. 4163-2" and, after the words "that derive from it", are inserted the words "and that apply to all employees exposed to one or more occupational risk factors referred to in Article D. 4161-2."
Article D. 4163-3 of the Labour Code is amended as follows:
1° In the second paragraph, the words "one" are replaced by the word "two";
2° The 1st is supplemented by a paragraph as follows:
"(c) The reduction of exposure to occupational risk factors referred to in Article D. 4161-2 »;
3° The article is supplemented by a paragraph to read:
"For the themes mentioned in the 2nd, the agreement or action plan specifies the measures to allow the holders of a personal toll-prevention account to assign the points that are included in the usages provided for in the 1st and 2nd of Article L. 4162-4. »
This Order comes into force on January 1, 2018, with the exception of section 1 which comes into force on January 1, 2015.
Corporate or group agreements, action plans and extended branch agreements concluded pursuant to Articles L. 138-29 et seq. of the Social Security Code in their earlier version Act No. 2014-40 of 20 January 2014 and effective January 1, 2015 continue to produce their effects until their end.
The Minister of Social Affairs, Health and Women's Rights and the Minister of Labour, Employment, Vocational Training and Social Dialogue are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 9 October 2014.
Manuel Valls
By the Prime Minister:
The Minister of Labour, Employment, Vocational Training and Social Dialogue,
François Rebsamen
Minister of Social Affairs, Health and Women ' s Rights,
Marisol Touraine
