Key Benefits:
Publics concerned: trade union organizations representative of seafarers and organizations representative of their employers.
Subject: conditions of application to seafarers of the provisions of Labour code on collective agreements and agreements and arrangements for the organization and operation of the National Maritime Collective Bargaining Commission.
Entry into force: the text comes into force on the date of establishment of the National Maritime Collective Bargaining Commission and no later than October 1, 2015.
Notice: The purpose of the decree is, on the one hand, to determine the conditions of application to seafarers of the provisions of the Labour code relating to collective agreements and agreements: it defines the procedure for extending and expanding collective agreements and agreements between trade union organizations representing seafarers and the representative organizations of their employers, specifies the terms and conditions for the deposit, notification and communication of these conventions and agreements and punishes a breach of the notice on board of the ship stating the collective agreements and agreements applicable to seafarers. On the other hand, the decree sets out the modalities for the organization and operation of the National Maritime Collective Bargaining Commission.
References: this decree is taken for the application of theArticle 25 of Act No. 2013-619 of 16 July 2013 bringing various provisions for adaptation to European Union law in the field of sustainable development. It is available on the website Légifrance (www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy,
Vu la Convention (No. 144) on Tripartite Consultations on International Labour Standards, 1976 of the International Labour Organization published by the Decree No. 83-712 of 26 July 1983 ;
In the light of the International Labour Organization's Maritime Labour Convention (four annexes) adopted in Geneva on 7 February 2006, published by the Decree No. 2014-615 of 13 June 2014 ;
Having regard to Council Directive 2009/13/EC of 16 February 2009 implementing the agreement reached by the Associations of Shipowners of the European Community (ECSA) and the European Federation of Transport Workers (ETF) concerning the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC;
Vu le Criminal code ;
Vu le Transport codeincluding articles L. 5542-6-1, L. 5543-1 and L. 5543-1-1;
Vu le Labour codeincluding articles L. 2261-15 to L. 2261-31;
Vu le Decree No. 84-810 of 30 August 1984 amended to safeguard human life, habitability on board ships and prevent pollution;
Vu le Decree No. 2006-672 of 8 June 2006 on the establishment, composition and functioning of administrative advisory commissions;
The State Council (Social Section) heard,
Decrete:
Collective agreements and agreements dealing with the relationship between, on the one hand, seafarers or seafarers other than seafarers and, on the other hand, their employers are concluded between, as the case may be, trade union organizations of seafarers, seafarers or seafarers other than representative seafarers and professional organizations of seafarers, seafarers or seafarers other than representative seafarers.
I. - A notice of the collective agreements or conventions applicable to seafarers is posted on board the ship in a place accessible to seafarers.
This notice includes the title of collective agreements and agreements applicable to seafarers and specifies the modalities of their availability or consultation, if necessary electronically, by seafarers.
On board vessels carrying out international travel within the meaning of Decree of 30 August 1984the terms and conditions for the provision of the elements of the collective agreements and agreements held on board pursuant to theArticle L. 5542-6-1 of the Transport Code, are specified in the notice referred to in this section.
II. - In the absence of an opportunity to display on board the notice referred to in I, it is displayed in a place accessible to seafarers of the company's professional premises.
I. - The collective agreements and agreements referred to in Article 1, together with their amendments and annexes, shall be deposited by the most diligent party under the conditions set out in Chapter I of Title III of Part II (regulatory part) of the Labour Code.
II. - The Regional Director of Companies, Competition, Consumption, Work and Employment with which the collective agreement or agreement referred to in I shall be deposited in a copy address to the departmental director of the territories and the competent sea because of the place of conclusion of the agreement.
III. - When the agreement or collective agreement referred to in Article 1 has a national scope of application, a copy shall be filed simultaneously with the central services of the Minister for Seafarers and the Minister for Labour.
Section 7 of Chapter I of Title VI of Book II of Part II (Legislative Party) and Sections 1 to 4 of Chapter I of Title VI of Part II (Regulatory Party) of the Labour Code apply to seafarers under the following conditions:
1° References to a branch agreement or to a professional or inter-professional agreement dealing with the relationship between employees and their employers are defined in the case of a collective agreement or agreement whose scope is national, regional or local dealing with relations between seafarers and their employers;
2° The duties of the Minister responsible for work are vested in the Minister responsible for seafarers; the administrative authority shall designate the services of the minister responsible for seafarers;
3° References to the National Collective Bargaining Commission are replaced by references to the National Maritime Collective Bargaining Commission;
4° References to trade union organizations of employers and representative employees are replaced by references to trade union organizations representing seafarers or one of the professional organizations of representative seafarers employers.
I. - The decision to extend or extend a collective agreement or agreement referred to in section 1 is signed by the Minister responsible for seafarers.
II. - When the extension of a convention or agreement referred to in I concerns the salaried sailors of marine crop companies, the extension order is also signed by the minister responsible for agriculture.
III. - The Enlargement Order of Extended Collective Agreements or Agreements dealing with the relationship between seafarers and their employers is signed by the Minister for Labour and the Minister for Seafarers, and, where applicable, by the Minister for Agriculture.
Failing to post the notice provided for in section 2 shall be punished by the fine provided for in section 2Article R. 2263-1 of the Labour Code.
I. - The National Maritime Collective Bargaining Commission consists of two sections:
1° A "commercial maritime navigation" section;
2° A section "sea fishing and marine cultures".
II. - The missions of the National Commission mentioned at 1° to 5° and 7° of Article L. 5543-1-1 of the Transport Code may be exercised by the Commission in the commercial marine navigation section or in the marine fisheries section and marine crops, where the issues dealt with relate only to either of these sections.
The National Maritime Collective Bargaining Commission includes:
1° The Director of Maritime Affairs or his representative;
2° A member of the State Council active or honorary;
3° The Director General of Labour or his representative;
4° The General Delegate for Employment and Vocational Training or his Representative;
5° The representative of the Minister responsible for the economy;
6° Twenty-two representatives of trade union organizations of seafarers;
7° Twenty-two representatives of the organizations of seafarers employers.
The members mentioned in 6° and 7° are divided according to articles 9 and 10.
In addition to the members mentioned in 1° to 5° of Article 8, the Commercial Maritime Navigation Section includes representatives of representative organizations at the national level of the following commercial marine navigation:
1° Eight representatives of marine employer organizations;
2° Eight representatives of the trade union organizations of sailors;
3° Five representatives of the organizations of seafarers' employers other than sailors;
4° Five representatives of trade union organizations of seafarers other than sailors.
In addition to the members mentioned in the 1st to 5th of Article 8, the Marine Fisheries and Marine Crops Section includes representatives of representative organizations at the national level of marine fisheries and marine crops below:
1° Nine representatives of marine employer organizations;
2° Nine representatives of the union organizations of sailors.
The organizations referred to in Articles 9 and 10 and the number of their representatives distributed among them, for each section, shall be determined in accordance with the schedule provided for in this Order.
Renewable for four years by an order of the Minister for Seafarers:
1° The President and Vice-President of the National Commission, among the members mentioned in 1 and 2 of Article 8;
2° Representatives holding seafarers and their employers on the proposal of their organizations.
Two or more alternate members of the incumbent members are appointed under the same conditions.
Members of the National Maritime Collective Bargaining Commission shall not have been subject to any prohibition, loss or incapacity relating to their civic rights.
The National Maritime Collective Bargaining Commission shall meet in plenary meeting at the convocation of its President or at the request of the majority of the incumbent members referred to in articles 9 or 10.
It meets at least once a year in the plenary meeting, particularly for the review of the annual balance sheet of collective bargaining in the marine sector provided for in 6° of Article L. 5543-1-1 of the Transport Code.
The National Maritime Collective Bargaining Commission may establish working groups on specific issues to which experts may participate.
It may involve, in an advisory capacity, representatives of interested ministerial departments or any other qualified persons.
For the implementation of the International Labour Organization conventions of interest to sea people, consultation with the National Maritime Collective Bargaining Commission is a tripartite consultation within the meaning of the Convention (No. 144) on the Tripartite Consultations on International Labour Standards, 1976, of the International Labour Organization.
This consultation also applies to any implementation of other International Labour Organization conventions for seafarers.
The secretariat of the National Maritime Collective Bargaining Commission is provided by the Directorate of Maritime Affairs, which also prepares the annual balance for the 6° of Article L. 5543-1-1 of the Transport Code.
This Order is not applicable to Mayotte.
For the purposes of Article 3 in Guadeloupe, Guyana, Martinique, Saint-Barthélemy and Saint-Martin, the words: "Regional Director of Business, Competition, Consumer Affairs, Labour and Employment" are replaced by the words: "Director of Business, Competition, Consumer Affairs, Labour and Employment" and the words: "Departmental Director of the Territories and the Sea"
For the purposes of Article 3 at La Réunion, the words: "Regional Director of Business, Competition, Consumer Affairs, Labour and Employment" are replaced by the words: "Director of Business, Competition, Consumer Affairs, Labour and Employment" and the words: "Departmental Director of Territories and the Sea" are replaced by the words: "Director of the South Indian Ocean Sea".
For the purposes of Article 3 in Saint-Pierre-et-Miquelon, the words: "Regional Director of Business, Competition, Consumption, Work and Employment" are replaced by the words: "the direction of social cohesion, work, employment and training" and the words: "Departmental Director of the Territories and the Sea" are replaced by the words: "Director of the Sea, of the Territories, of the »
I.-This Order in Council comes into force on the date of establishment of the National Maritime Collective Bargaining Commission or, no later than October 1, 2015.
II.-Articles R. 742-1 to R. 742-6 of the Labour Code are repealed on the date of establishment of the National Maritime Collective Bargaining Commission if it occurs before the date referred to in I, or, if not, from the date of entry into force of this Order.
The Minister of Ecology, Sustainable Development and Energy, the Guard of the Seals, Minister of Justice, Minister of Labour, Employment, Vocational Training and Social Dialogue, the Minister of Agriculture, Agri-Food and Forestry, spokesman for the Government, the Minister of Economy, Industry and Digital, the Minister of the Overseas and the Secretary of State responsible for the publication
Annex
I. - Representatives referred to in section 9 within the Commercial Maritime Navigation Section shall be appointed by the Minister responsible for seafarers as follows:
The distribution of the number of representatives is as follows:
(a) For marine employer organizations:
- four representatives proposed by Armateurs de France (ADF) ;
- two representatives proposed by the Professional Association of Maritime Towing Companies (APERMA);
- two representatives proposed by the Groupement des shipowners de services publics maritimes de passages d'eau (GASPE).
(b) For marine union organizations:
- a representative proposed by the CGT Merchant Marine Officers Union (UGICT-CGT);
- two representatives proposed by the National Federation of Maritime Trade Unions CGT;
- two representatives proposed by the Federal Maritime Union CFDT;
- a representative proposed by the National Union of Marine and Sedentary Personnel of the CFTC Merchant Navy;
- a representative proposed by the Federation of Equipment, Environment, Transport, and Workers' Force Services (FEETS-FO);
- a representative proposed by the CFE-CGC National Shipping Officers Union.
(c) For organizations of seafarer employers:
- three representatives proposed by the Mouvement des entreprises de France (MEDEF) ;
- a representative proposed by the General Confederation of Small and Medium Enterprises (CGPME);
- a representative proposed by the National Union of Liberal Professions (UNAPL).
(d) For trade union organizations of seafarers other than sailors:
- a representative proposed by the General Confederation of Labour (CGT);
- a representative proposed by the French Democratic Confederation of Labour (CFDT);
- a representative proposed by the General Confederation of Labour - Workers' Force (CGT-FO);
- a representative proposed by the French Confederation of Christian Workers (CFTC);
- a representative proposed by the French Confederation of Frameworks General Confederation (CFE - CGC).
II. - Representatives referred to in section 10 of this Order in Council within the Marine Fisheries and Marine Cultures Section are appointed by the Minister responsible for seafarers as follows:
The distribution of the number of representatives is as follows:
(a) For marine employer organizations:
- two representatives proposed by the Union des shipateurs à la Pêche de France (UAPF) ;
- two representatives proposed by the French Federation of Professional Maritime Trade Unions (FFSPM);
- a representative proposed by the National Union of Fishermen Patrons (SNAPP-CFTC) ;
- a representative proposed by the National Union of Crafted Mariners CGT (SNMPA-CGT) ;
- a representative proposed by the Maritime Union of Crafted Fishermen CFDT (SYMPA);
- a representative proposed by the Union National des chefs d'entreprises à la Pêche Maritime (SCEP) ;
- a representative proposed by the National Union of Conchyliculture Employers (SNEC).
(b) For marine union organizations:
- three representatives proposed by the National Federation of Marine Trade Unions CGT;
- three representatives proposed by the Federal Maritime Union CFDT;
- two representatives proposed by the National Union of Fishermen Unions CFTC;
- a representative proposed by the Federation of Equipment, Environment, Transport and Services-Working Force (FEETS-FO).
III. - The organizations referred to in I and II shall, within one month of the publication of this Order, send to the Minister responsible for the Sea the nominative list of their incumbent representatives and alternates to replace them in the event of absence.
Done on July 27, 2015.
Manuel Valls
By the Prime Minister:
Minister of Ecology, Sustainable Development and Energy,
Royal
The Seal Guard, Minister of Justice,
Christiane Taubira
The Minister of Labour, Employment, Vocational Training and Social Dialogue,
François Rebsamen
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Stéphane Le Foll
Minister of Economy, Industry and Digital,
Emmanuel Macron
Minister of Overseas,
George Pau-Langevin
State Secretary for Transport, the Sea and Fisheries,
Alain Vidalies
