JORF n ° 1, January 1, 2002, page 98 text no. 113 ORDER order of December 27, 2001, with extension of an addendum to the national collective agreement of industries of games, toys, articles of holiday and Christmas ornaments, articles of childcare and cars for children, model making and related industries NOR: MEST0111844A ELI: not available the Minister of employment and solidarity , Seen articles L. 133 - 1 and following of the labour code;
Given the Decree of 8 July 1991 and the successive orders, including the order of 17 November 1999 on the extension of the collective national industries of games, toys, holiday and Christmas ornaments, articles of childcare and cars for children, model construction, and industries of January 25, 1991, and agreements supplementing or amending it;
Seen the rider No. 19 of December 7, 2000, amending the Amendment No. 18 of 22 June 1999 on the reduction, management of working time and employment to the abovementioned collective agreement;
Given the request for extension made by the signatory organizations;
See the notice published in the Official Journal of 21 February 2001;
Seen the opinions gathered during the investigation;
Seen the advice motivated of the National Commission for collective bargaining (Sub-Committee of the conventions and agreements), including the opposition made by the representatives of two unions of employees;
Whereas organizations signatories of the collective agreement were able to freely organize the reduction time of work and as such set targets as well as rules and procedures specific to the situation of the branch;
Whereas in addition to conform the provisions of the Convention, under the reserves and exclusion below formulated, with the legislative and regulatory provisions in force, stop: Article 1 are mandated, for all employers and all employees included in the scope of the national collective agreement of the industries of the games, toys, Christmas ornaments and holiday items , childcare articles and children, model making and related industries cars of January 25, 1991, the provisions of Amendment No. 19 of 7 December 2000 amending Supplement No. 18 of 22 June 1999 on reduction and adaptation of working time and employment to the national collective agreement referred to above, excluding the last sentence of the second paragraph of 3 of the second paragraph on the savings account.
The sixth paragraph of point b of 3 of the first paragraph on the device for executives thus to trades no framework is extended provided that all public holidays provided for in article L. 222 - 1 of the labour code are counted, whether they are non-working days.
4 of the first paragraph on the device relative to managers as well as the mobile workforce no framework is extended provided that an additional branch or company agreement fixed, in accordance with paragraph III of article L. 212-15-3 of the labour code:-the manner in which the days and half-days rest taken;
-the conditions of enforcement of the agreement;
-the procedures for monitoring the Organization of the work of the employees concerned, the amplitude of their activity days and the workload resulting;
-the enforcement of the daily and weekly rest.
The first indent of the second paragraph on the savings account 2 is extended subject to the application of the sixth paragraph of article l 227 - 1 of the labour code under the terms of which only a part of the days of rest from the reduction of working time, can be used at the initiative of the employee, can be assigned to a savings account.
Article 2 the extension of the effects and sanctions of the above-mentioned endorsement is made from the date of the publication of this order for the remaining term and conditions provided for in the friendly.
Article 3 the Director of 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 27 December 2001.
For the Minister and by delegation: by preventing the Director of the labour relations: the Chief of service, L. Setton note. -The text of the abovementioned amendment was published in the official Bulletin of the Ministry, Conventions issue collective No. 2001/03 dated February 16, 2001, available at the Direction of official gazettes, 26, Desaix, 75727 Paris Cedex 15 Street, at the price of EUR 7.01.