Order Of 26 December 2001 With Extension Of An Agreement Known As Part Of The National Collective Agreement For Reprography Companies Staff

Original Language Title: Arrêté du 26 décembre 2001 portant extension d'un accord connu dans le cadre de la convention collective nationale pour le personnel des entreprises de reprographie

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JORF n ° 1, January 1, 2002 page 95 text no. 110 ORDER order of 26 December 2001 with extension of an agreement known as part of the national collective agreement for reprography NOR companies staff: MEST0111848A ELI: not available the Minister of employment and solidarity, seen articles L. 133 - 1 and following of the labour code;
Seen the Decree of November 23, 1976 and the successive orders, including the Decree of 25 June 1997, with the extension of the collective national for personnel of companies in reprography 18 December 1972 was updated in June 1976, and of the texts which changed or completed;
Seen July 13, 2001, relative, development and the reduction of working time agreement in the context of the abovementioned collective agreement;
Given the request for extension made by the signatory organizations;
See the notice published in the Official Journal of 15 September 2001;
Seen the opinions gathered during the investigation;
Seen the advice motivated national collective bargaining Commission (Sub-Commission of the conventions and agreements), stop: Article 1 are made binding on all employers and all employees included in the scope of the national collective agreement for the staff of companies of reprography of 18 December 1972, last updated in June 1976, the provisions of the agreement of July 13, 2001, relative to the development and the reduction of working time concluded in the context of the abovementioned collective agreement, excluding:-point 2 of the second paragraph of article 13 "reduction of working time and incentive assistance in businesses with less than 20 employees" section I 'provisions relating to the reduction of working time' chapter III 'reduction of working time', in application of article 3 - II of the Act of 13 June 1998, no. 98-461 amended by article 23 of Act No. 2000-37 of 19 January 2000;
-terms "subject to the approval of the management and" the second paragraph and the provisions of the third and fourth paragraphs of point 2 "on the initiative of the employee" "award in an annual framework" paragraph article 18 'reduction' section III 'reduction of time of work in the form of days off' of chapter IV "development and reduction of working time. , pursuant to the provisions of the second paragraph of article L. 212 - 9 - II of the labour code.
The fifth paragraph of article 6 "weekly working time" chapter II "provisions on the duration of labor" is extended subject to the application of the case law of the Court of cassation, which stipulates the conditions in which the travel time is considered as effective working time.
The first paragraph of article 9 "overtime plan" of chapter II above is extended subject to the application of the provisions of article L. 212 - 5 of the labour code, as interpreted by the case law of the Court of cassation and which States that overtime are those that have been imposed by the nature or the amount of work required , or performed with at least implicit approval of the employer.
The first and the second paragraph of article 13 "reduction of working time and incentive assistance in businesses with less than 20 employees" section I "provisions relating to the reduction of working time" chapter III "working time reduction" are common subject to the application of the provisions of article 3-V of Act No. 98-461 of June 13, 1998.
Article 14 'reduction of the working time with maintenance of wages' of section II "the impact of the reduction of the time to work on compensation" of chapter III above is extended subject to the application of the provisions of article 32 of Act No. 2000-37 of 19 January 2000.
Section II "working time modulation" chapter IV "development and reduction of working time" extended subject that in application of the provisions of the fifth paragraph of article L. 212 - 8 of the labour code a complementary agreement extended branch or company sets the right to compensatory rest of employees:-having not worked during the entire period of the modulation;
-whose contract of employment has been broken during the same period.
The 'calendar' of article 17 paragraph 'modulation' section II above is extended subject to the application of the provisions of article L. 212 - 8 of the labour code, under which the indicative programme of the modulation must be established for the whole of the period of modulation.
The first paragraph of "terms of delivery" paragraph of section 17 above is extended subject to the application of the provisions of the second paragraph of article L. 212 - 7 of the labour code.
The third subparagraph of paragraph "terms of delivery" referred to above is extended subject to the application of the provisions of the third paragraph of article L. 212 - 8 of the labour code, according to which are not hours additional performed beyond the legal limit in the limit of the ceiling of modulation by the convention or the agreement.
The first paragraph of "count and payment of overtime" paragraph of section 17 above is extended subject to compliance with the provisions of article L. 212 - 8 of the labour code, under which are also overtime hours worked beyond the annual average calculated on the basis of the legal term according to the rule defined in the first paragraph of this article.
"Smoothing of compensation" subsection of section 17 above is extended subject to the application of the provisions of articles L. 145 - 2 and R. 145 - 2 of the labour code, which specify the conditions in which seizable fractions of the compensation.
Section III 'reduction of time of work in the form of days off' of chapter IV above is extended subject that in application of the provisions of the second paragraph of article L. 212 - 9 - II of the labour code a supplementary agreement extended branch or company details of distribution in time of rights to remuneration according to the calendar of the days of rest.
"Savings account" subsection of article 18 'reduction' of section III above is extended subject to the application of the provisions of article l 227 - 1 of the labour code.
The seventh, eighth and ninth paragraphs of article 19 'Part-time' IV 'part-time work' section of chapter IV above are extended on condition that a supplementary agreement extended branch or business pursuant to the provisions of article L. 212-4-9 of the labour code provides:-the procedure to be followed by employees to share their request to their employer;
-the period left to the Business Manager to provide a reasoned response.
"Modulated part-time work" subsection of article 19 above is extended subject that in application of the provisions of the second paragraph of article L. 212-4-6 of the labour code a supplementary agreement extended branch or company sets the terms according to which the duration of work is counted.
The first paragraph of article 22 "independent Executive" chapter V 'provisions specific to executives' extended subject that pursuant to the provisions of article L. 212-15-3 III of the labour code a supplementary agreement extended branch or company specific categories of employees (for which the duration of working time cannot be determined because of the nature of their functions responsibilities they perform and the degree of autonomy they enjoy in their schedule) that may be offered an agreement on annual working days.
The fourth and fifth paragraphs of article 22 are extended subject to the application of the provisions of article L. 212-15-3 - III of the labour code, under which is incompatible with the convention even quality of annual working days available to restrict the exercise of the right of employees, who benefit from such an agreement, to choose the part of the days of rest which they have the initiative.
The sixth, seventh and eighth paragraphs of section 22 above are extended subject that in application of the provisions of article L. 212-15-3 - I of the labour code a supplementary agreement extended branch or company:-define categories of employees eligible for a reduction in the hours of work in the form of an agreement on annual working hours a year;
-details of conventional control of the new maxima of 12 hours at the title of the daily hours of work;
-determines the conditions for follow-up to the Organization of work and the workload of the employees concerned.


Article 2 the extension of the effects and sanctions of the abovementioned Agreement is made from the date of the publication of this order for the remaining term and conditions provided for in the agreement.


Article 3

The Director of the labour relations is responsible for the execution of this order, which will be published in the Official Journal of the French Republic.


Done at Paris, on 26 December 2001.
For the Minister and by delegation: the Director of labour, j. relationships. Combrexelle note. -The text of the above-mentioned agreement was published in the official Bulletin of the Ministry, Conventions issue collective No. 2001/37 as of October 12, 2001, available at the Direction of official gazettes, 26, Desaix, 75727 Paris Cedex 15 Street, at the price of EUR 7.01.

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