Key Benefits:
The Minister for Employment and Solidarity,
In view of articles L. 133-1 et seq. Of the Labour Code;
In the light of the decree of 15 July 1994 and the successive orders, in particular the order of 13 June 2001, extending the national collective agreement for wholesale trade in fabrics, carpets and household linen of 15 December 1993 and texts supplementing it or amending it;
Having regard to the agreement of 18 September 2000 on development and The reduction of working time concluded under the above collective agreement;
Given the amendment n ° 1 of 18 September 2000 creating a savings account in the agreement for the development and reduction of working time referred to above;
Vu The decree of 13 June 2001, published in the Official Journal of 23 June 2001, extending the two agreements of 18 September 2000 laid down in the framework of the aforementioned national collective agreement;
Having regard to the supplementary agreement of 12 July 2001 The two agreements of 18 September 2000 referred to above in the framework of the aforementioned national collective agreement;
Given the request for extension submitted by the signatory organisations;
In view of the opinion published in the Official Journal of 11 September 2001;
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), in particular the double opposition formulated by the representatives of two Unions of employees;
Considering that the extension of the abovementioned agreement allows all employees concerned by their scope to benefit from a reduction in their working hours;
Considering that the Representative organisations of the agreement referred to above have, in accordance with conventional freedom, set objectives as well as rules and arrangements that they have considered appropriate to the particular situation of the branch;
Considering further that the above agreement is not contrary to the laws and regulations in force under the following reservations and exclusions,
Stop:
Are made mandatory for all employers and employees included in the scope of the National collective agreement on wholesale trade in fabrics, carpets and household linen of 15 December 1993, the provisions of the supplementary agreement of 12 July 2001 to the two agreements of 18 September 2000 referred to above in the framework of the National collective agreement.The
paragraph of Article 3.2 (counting of days) of Chapter 3 (management of executive working time) is extended subject to the application of the provisions of Article L. 212-15 -3 (III) of the Labour Code, according to which it is incompatible with the very quality of the package agreement in days the provision to restrict the exercise of the right of employees who benefit from such an agreement to choose freely Part of the rest days for which they have the initiative.
Article 3.4 (daily and weekly rest) of Chapter 3 is extended subject to the application of the provisions, on the one hand, of Article L. 221-4 of the Labour Code. Which the weekly rest period must have a minimum duration of 24 consecutive hours plus the consecutive hours of daily rest provided for in Article L. 220-1 of the same code and, on the other hand, of Article L. 220-1 of the same A code according to which an employee benefits from a daily rest period of at least eleven consecutive hours, unless otherwise agreed by a collective agreement, which may not have the effect of bringing the duration within nine hours.
The extension of the effects and sanctions of the above agreement shall be made from the date of publication of this Order for the duration Remaining to be run and the conditions laid down by the said Agreement.
The Order of 13 June 2001 extending the two agreements Of 18 September 2000 referred to above under the aforementioned national collective agreement is amended as follows:
-as regards the agreement of 18 September 2000 on the development and reduction of working time referred to above:
- Shall be lifted off the reservation, referring to a supplementary agreement of an extended or enterprise sector, relating to Article L. 212-8 of the Labour Code in Article 3.3 (planning for the modulation of working time) of Chapter 3 (organisation of working time);
-is lifted off the reserve, referring to a supplementary agreement of an extended or enterprise sector, relating to paragraph 7 of Article L. 212-8 of the Labour Code in Article 3.4 (prevenance) of Chapter 3 Referred to above;
-has lifted the reservation, referring to a supplementary agreement of extended or enterprise sector, relating to Article L. 212-15 -3 - III of the Labour Code referred to in Article 3.6 (frameworks) of Chapter 3 referred to above;
- Amendment No 1 of 18 September 2000 creating a savings account-time for the agreement on the development and reduction of working time of 18 September 2000 referred to above:
-is lifted off the reserve, referring to a supplementary extended branch agreement or Relating to paragraphs 5, 6 and 11 of Article L. 227-1 of the Labour Code referred to in Article 3 (3) (conversion of other elements) of Article 3 (supply of the account).
This amending Order takes effect from the date of its publication, for the remaining period to be run and the conditions laid down in the aforementioned agreements.
The Director of Labour Relations shall be responsible for the execution of this Order, which shall be published in the Official Gazette of the French Republic.
Done at Paris, December 26, 2001.
For the Minister and by delegation:
By preventing the
Manager from working relationships:
The service manager,
L. Setton
Note. -The text of the agreement of 12 July 2001 was published in the Official Bulletin of the Ministry, fascicles Collective Agreements n ° s 2001/32 to 35 dated September 29, 2001, available at the Official Journals Directorate, 26 Desaix Street, 75727 Paris Cedex 15, at a price of 7.01 EUR.
