Decree Of 10 December 2015 Extending An Endorsement To The National Collective Agreement Of Golf (No. 2021)

Original Language Title: Arrêté du 10 décembre 2015 portant extension d'un avenant à la convention collective nationale du golf (n° 2021)

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JORF n ° 0292 of December 17, 2015 page 23291
Text N ° 107

Order of 10 December 2015 extending d 'an endorsement to the national collective agreement for golf (n ° 2021)

NOR: ETST1530796A ELI: Not available

The Minister of Labour, Employment, Professional Training and Social Dialogue and the Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Seen job code, including its article L. 2261-15;
In view of the order of 2 April 1999 and the successive orders extending the collective agreement The national golf course of 13 July 1998 and the texts which have completed or amended;
Having regard to the amendment No. 62 of 30 April 2014 concerning the working time of the executives, to the collective agreement referred to above;
In view of the request for extension presented by the Signatory organisations;
In view of the opinion published in the Official Journal of 4 July 2014;
In view of the opinions gathered during the investigation;
In view of the reasoned opinions of the National Commission for Collective Bargaining (Sub-Committee on Conventions and Agreements), delivered at the meetings of 30 June 2015 and 22 September 2015 And in particular the oppositions, made by the SGC, on the grounds that the amendment would be contrary to the provisions of the L. 3121-39 of the Labour Code and the case law of the Court of Cassation, which requires that maximum working hours and daily and weekly rest periods be respected in the agreement; that it would be contrary to provisions of Article L. 2323-9 of the Labour Code by not providing for the annual consultation of the Works Council On the use of the contract agreements and the procedures for monitoring the workload of the employees concerned; Eligible for the day plan would not perform their duties under conditions of autonomy justifying the use of the package days: That it provides for the possibility for an employee to give up the days of rest within the framework of the package of days; that he would disregard the European Social Charter as interpreted by the European Committee of Social Rights in its decision On 3 June 2010; by the CFE-CGC on the grounds that it would not be in conformity with the decisions of the European Committee of Social Rights relating to the day package and the case-law of the Court of Cassation; that the arrangements for monitoring and monitoring the duration and The workload would be imprecise; that it would not provide a preventive mechanism Ensuring a reasonable amplitude and workload as well as a good distribution in the working time of the employees concerned; that the number of follow-up meetings on the days package is insufficient;
Considering that the Committee European Union of Social Rights now considers that the operative part of the package is in conformity with Article 2 § 1 of the European Social Charter and guarantees respect for a reasonable working time of employees, provided that the collective agreement According to the case-law of the Court of Cassation;
Considering that The amendment is extended provided that it is supplemented by an enterprise or establishment agreement whose stipulation specifies the main characteristics of the individual package agreements in accordance with the legal requirements Relating to the protection of health and safety of employees and thus deprived of a direct application by employers of the branch;
Considering the other reservations to the extension set out below;
Considering that the amendment Remind employers of the criteria branch Of stand-days eligibility for autonomous frames in accordance witharticle L. 3121-43 of the Labour Code,
Stop :

Item 1 provisions of article L. 2323-9 of the Labour Code.
Paragraph 11 of Article 1 is extended subject to compliance with provisions of article L. 3121-47 of the code of the job.
The last paragraph of Article 1 is extended provided that it does not Does not interfere with the application of section L. 3121-45 of the job code.

Article 2

The extension of the effects and sanctions of the said rider shall take effect from the date of publication of this Order for the remaining period to be run and the conditions laid down by the said Avenant.

Article 3

The Director General of Labour at the Ministry of Labour, Employment, Vocational Training and Social Dialogue and the Director of Financial, Social Affairs And logistics in the Ministry of Agriculture, Agri-Food and Forest are responsible for the execution of this Order, each of which will be published in the Official Journal of the French Republic.

Done on December 10, 2015.

The Minister of Labour, Employment, vocational training and social dialogue,
For the Minister and delegation:
The Director General of Labour,
Y. Struillou

The Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
For the Minister and Delegation:
The Director of Financial, Social and Logistics,
C. Ligeard

Note. -The text of the amendment referred to above has been published in the Official Bulletin of the Ministry, collective agreements No. 2014/25, available on the
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