Decree Of 26 December 2001 Extending An Endorsement Agreement Concluded In The Framework Of The National Collective Agreement Of Outdoor Industry

Original Language Title: Arrêté du 26 décembre 2001 portant extension d'un avenant à un accord conclu dans le cadre de la convention collective nationale de l'industrie hôtelière de plein air

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JORF n ° 1, January 1, 2002 page 98 text no. 114 order order of 26 December 2001 extending an agreement amending an agreement concluded in the framework of the national hospitality outdoor NOR industry collective agreement: MEST0111845A ELI: not available the Minister of employment and solidarity, having regard to articles L. 133 - 1 and following of the labour code;
Having regard to the agreement of 15 October 1993 and successive orders, including the Decree of January 3, 2001, on the extension of the agreement of 2 June 1993 concerning the adoption of a collective national outdoor industry and the texts that modified it or completed;
Having regard to endorsement No. 1 of June 25, 2001, to the agreement of May 23, 2000, on the reduction and management of working time concluded in the framework of the aforementioned national collective agreement;
Having regard to the request for extension submitted by the signatory organizations;
Having regard to the opinion published in the Official Journal of 3 November 2001;
Having regard to the opinions collected during the investigation;
Having regard to the opinion of reasons for the National Commission for collective bargaining (Sub-Committee on conventions and agreements), stop: Article 1 are made mandatory for all employers and all employees included in the scope of the national collective agreement of outdoor industry, as it follows from the agreement of 2 June 1993, modified by Amendment No. 3 dated October 25, 1995 , the provisions of:-endorsement No. 1 of June 25, 2001, to the agreement of May 23, 2000, on the reduction and management of working time concluded in the framework of the national collective agreement mentioned above, excluding:-the terms 'except for serious misconduct of the employee' mentioned in the fourth paragraph of article 5-6 (creation of a 3-4 article entitled "adjustment during the period of modulation");
-of the third sentence of article 9(2) (amending and replacing the fourth subparagraph of paragraph "conditions of use of the additional hours" of section 5-5 of the agreement of 23 May 2000).
Article 2-3 (supplementing article 1-3 of the agreement of 23 May 2000) extended subject to the application of the mode of expected count in the first paragraph of article L. 212 - 8 of the labour code.
The third paragraph of article 5-6 above shall be 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 remuneration are determined.
Article 6-2 (amending and replacing the first paragraph of article 4-2 of the agreement of 23 May 2000) extended subject to the application of the provisions of article L. 212 - 8, paragraph 4, of the labour code, the hours worked beyond the weekly maximum set by the constituent agreement, in the context of the modulation, overtime.
Article 6-2 referred to above is extended subject to the application, on the one hand, the provisions of article L. 212 - 9 (I) of the labour code which specify that are considered to be overtime hours worked beyond 39 hours per week and on the other hand, provisions of article L. 212 - 9 (II) of the labour code whereby are overtime hours worked beyond hours or a lower ceiling set by the agreement.
Article 9-3 (creation of a paragraph entitled "amendments to the distribution of the hours of work" in paragraph "conditions of use of the additional hours" section 5-5 of the agreement of 23 May 2000) extended subject to the application of the provisions of the third paragraph of article L. 212-4-3 of the labour code whereby additional hours may have to increase the duration of work done by a part-time employee at the level of the statutory term of work or conventionally fixed duration.
The third sentence of article 10-4 (amending and replacing the second sentence of paragraph 7 of subsection "part-time modulated or variable" section 5-5 of the agreement of 23 May 2000) is extended on condition that, in accordance with the provisions of article L. 212-4-6 of the labour code, due to bring "less than three business days' the considerate fixed period (8 °) does not lead to reduce this delay within three days.
The second paragraph of article 10-5 (creation of a paragraph 8 in paragraph "part-time modulated or variable" section 5-5 of the agreement of 23 May 2000) is extended under the same reservation as the one made by the article 9-3.


Article 2 the extension of effects and sanctions of the abovementioned Agreement is made from the date of the publication of this order for the remainder and the conditions laid down by the abovementioned Agreement.


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 26 December 2001.
For the Minister and by delegation: by incapacity of the Director of labour relations: the head of service, L. Setton note. -The text of the abovementioned Agreement was published in the Bulletin the Department official, fascicles Conventions collective n ° s 2001/32-35 dated September 29, 2001, available at the Direction of newspapers official, 26, rue Desaix, 75727 Paris Cedex 15, at the price of EUR 7.01.

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