Key Benefits:
The Minister for Employment and Solidarity,
In the light of articles L. 133-1 et seq. Of the Labour Code;
In the light of the decree of 23 November 1976 and the successive orders, in particular the 25 June 1997, extending the national collective agreement for the staff of reprographic undertakings on 18 December 1972, updated in June 1976, and of the texts which amended or supplemented it;
Having regard to the agreement of 13 July 2001 Relating to the development and reduction of working time, concluded in the framework of the abovementioned collective agreement;
In view of the request for extension submitted by the signatory organisations;
In view of the opinion published in the Official Journal of 15 September 2001;
In view of the opinions gathered during the investigation;
Given the reasoned opinion of the National Commission for Collective Bargaining (Sub-Committee on Conventions and Agreements),
Stop:
Are made mandatory for all employers and employees included in the scope of the National collective agreement for the staff of reprographic undertakings of 18 December 1972, updated in June 1976, the provisions of the Agreement of 13 July 2001 on the development and reduction of working time, concluded in the Framework of the abovementioned collective agreement, excluding:
-point 2 of the second subparagraph of Article 13 "reduction of working time and incentive in enterprises with fewer than 20 employees" in Section I " provisions relating to Reduction of working time "in Chapter III" reduction of working time ", pursuant to Article 3-II of Act No. 98-461 of 13 June 1998, as amended by Article 23 of Law No. 2000-37 of 19 January 2000;
-of the terms" Reserve of the agreement of the management and "of the second subparagraph and the provisions of the third and fourth paragraphs of point 2" at the initiative of the employee " of the paragraph 'allocation in an annual framework' of Article 18 'reduction' of the section III 'reduction of working time in the form of rest days' of Chapter IV 'development and reduction of working time', pursuant to the provisions of the second subparagraph of Article L. 212-9-II of the Labour Code.
The fifth paragraph Article 6 'duration of weekly working' of Chapter II 'provisions relating to working hours' shall be extended subject to the application of the case-law of the Court of Cassation, which specifies the conditions under which the time spent by Journey is considered as effective working time.The
paragraph of Article 9 "Overtime regime" in Chapter II is extended subject to the application of the provisions of Article L. 212-5 of the Work, as interpreted by the case-law of the Court of Cassation, which specifies that overtime is those imposed by the nature or quantity of work requested, or carried out with at least the implicit agreement Of the employer.
The first and second paragraph of Article 13 "reduction of working hours and incentives in enterprises with less than 20 employees" in Section I "Provisions on the reduction of working time" of the Chapter III 'reduction of working time' shall be extended subject to the application of the provisions of Article 3-V of Act No. 98-461 of 13 June 1998.
Article 14 "Reduction of working hours with maintenance of salaries" in the section The "impact of the reduction in working hours on remuneration" in Chapter III above is extended subject to the application of the provisions of Article 32 of Law No. 2000-37 of 19 January 2000.
Section II " Modulation of Working time "of Chapter IV" development and reduction of working time " shall be extended subject to the application of the provisions of the fifth paragraph of Article L. 212-8 of the Labour Code a supplementary extended branch agreement or Of employees:
-not having worked for the entire period of the modulation;
-whose contract of employment was broken during the same period.
The paragraph "calendar" Article 17 'modulation' of Section II above is extended subject to the application of the provisions of Article L. 212-8 of the Labour Code, according to which the indicative programme of modulation is to be established for The whole modulation period.The
paragraph of the "implementing rules" paragraph of Article 17 shall be extended subject to the application of the provisions of the second subparagraph of Article L. 212-7 of the Job.The
paragraph of the above-mentioned "implementing rules" 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 they are not hours Those carried out beyond the legal period within the limit of the limit of modulation laid down by the agreement or agreement.
The first paragraph of the paragraph "counting and payment of overtime" in Article 17 above Is extended subject to compliance with the provisions of Article L. 212-8 of the Labour Code, which also provides overtime hours beyond the average annual period calculated on the basis of the Legal term according to the rule defined in the first paragraph of this article.The
Compensation smoothing " paragraph of Article 17 is extended subject to the application of the provisions of Articles L. 145-2 and R. 145-2 of the Which specify the conditions under which the garnishable portions of the remuneration are determined.
Section III "Reduction of working hours in the form of days of rest" in Chapter IV above is extended subject to the That pursuant to the provisions of the second subparagraph of Article L. 212-9-II of the Labour Code a supplementary agreement of an extended or undertaking sector shall specify the arrangements for the allocation in time of remuneration rights in accordance with the provisions of the Days of rest.
The paragraph "saving-time account" in Article 18 "reduction" in 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" of Section IV "Part-time Work" of Chapter IV referred to above shall be extended subject to the provisions of Article L. 212-4-9 of the Labour Code An extended branch or enterprise agreement provides for:
-the procedure to be followed by the employees to communicate their request to their employer;
-the deadline given to the entrepreneur to provide an answer Motivated.
accordance with the provisions of the second subparagraph of Article L. 212-4-6 of the Labour Code a supplementary branch agreement shall be extended subject to the provisions of the second subparagraph of Article L. 212-4-6 of the Labour Code Extended or Enterprise sets the terms and conditions according to which the duration of the work is counted.
The first paragraph of Article 22 "autonomous frameworks" in Chapter V "framework-specific provisions" is extended subject to the Application of the provisions of Article L. 212-15 -3 III of the Labour Code a supplementary agreement of an extended or enterprise sector specifies the categories of employees (for which the duration of working time cannot be predetermined by reason of The nature of their duties, their responsibilities and the degree of autonomy they enjoy in their use of time) who may be offered a package agreement in days.
The fourth and fifth paragraphs of Article 22 shall be extended subject to the application of the provisions of Article L. 212-15 -3 - III of the Labour Code, in respect of which is incompatible with the quality of the flat-rate agreement in days the provision for To restrict the exercise of the right of employees, who benefit from such an agreement, to choose freely the part of the rest days for which they have the initiative.
The sixth, seventh and eighth paragraphs of the aforementioned Article 22 are extended Subject to the application of the provisions of Article L. 212-15 -3-I of the Labour Code a supplementary extended branch or enterprise agreement:
-defines the categories of employees who may benefit from a reduction in the duration of the Working in the form of a package agreement in hours on the year;
-specifies the procedures for controlling the new 12-hour conventional maximum working time limit;
-determines the conditions for monitoring the Organisation of the work and workload of the employees concerned.
Extending the effects and sanctions The above agreement shall be made from the date of publication of this Order for the remaining duration and the conditions laid down by the said Agreement.
The Director of Labour Relations is responsible for the execution of this Order, which will be published in the Official Gazette of the French Republic.
Done at Paris, December 26, 2001.
For the Minister and delegation:
The Director of Labour Relations,
J.-D. Combrexelle
Note. -The text of the above-mentioned agreement has been published in the Official Bulletin of the Ministry, booklet Collective Agreements No. 2001/37 dated 12 October 2001, available at the Directorate of Official Journals, 26, rue Desaix, 75727 Paris Cedex 15, at 7.01 EUR.
