Key Benefits:
The Minister for Employment and Solidarity,
In view of Articles L. 133-1 and following of the Labour Code;
Having regard to the agreement of 15 October 1993 and the successive orders, in particular the order of 3 January 2001, extending the agreement of 2 June 1993 on the adoption of a national collective agreement for the outdoor hotel industry and of the texts which amended or supplemented it;
Having regard to the amendment No. 1 of 25 June 2001 to the agreement of the 23 May 2000 on the reduction and organisation of working time concluded 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 November 3, 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 of the outdoor hotel industry, as set out in the agreement of 2 June 1993, amended by amendment No 3 of 25 October 1995, the provisions of:
-the amendment No. 1 of 25 June 2001 to the agreement of 23 May 2000 on the Reduction and the organisation of working time concluded within the framework of the aforementioned national collective agreement, to the exclusion of:
-the words'except for the serious misconduct of the employee' mentioned in the fourth paragraph of Article 5-6 (creation of a Article 3-4 'Regulating in the course of modulation period');
-the third sentence of Article 9.2 (amending and replacing the fourth paragraph of the paragraph 'conditions for the use of overtime' in Article 5-5 Of the Agreement of 23 May 2000).
Article 2-3 (Supplementing Article 1-3 of the Agreement of 23 May 2000) is extended subject to the application of the method of counting provided for in the first paragraph of Article L. 212-8 of the Labour Code.
The third paragraph Article 5-6 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 under which the garnishable fractions of remuneration are determined.
Article 6-2 (amending and replacing the first subparagraph of Article 4 (2) of the Agreement of 23 May 2000) shall be extended subject to the application of the provisions of Article L. 212-8, paragraph 4, of the Labour Code, hours beyond the duration of Maximum weekly basis set by the agreement also, in the context of modulation, for overtime.
Article 6-2 is extended subject to the application, on the one hand, of the provisions of Article L. 212-9 (I) of the Work which specifies that overtime worked beyond 39 hours per week and the provisions of Article L. 212-9 (II) of the Labour Code under which hours are considered to be overtime shall be considered as overtime. Overtime worked beyond 39 hours or a lower ceiling fixed by the agreement.
Article 9-3 (creation of a paragraph entitled "Changes in the allocation of working hours" to the paragraph " conditions of The use of overtime " in Article 5-5 of the Agreement of 23 May 2000) shall be extended subject to the application of the provisions of the third paragraph of Article L. 212-4-3 of the Labour Code according to which the overtime hours shall not May have the effect of increasing the duration of work performed by a part-time employee at the level of the legal duration of the work or of the duration fixed conventionally.
The third sentence of Article 10-4 (amending and replacing Second sentence of paragraph 7 of the "modulated or variable part-time" paragraph of Article 5 (5) of the Agreement of 23 May 2000) is extended subject to the proviso that, in accordance with the provisions of Article L. 212-4-6 (8 °) of the Labour Code, "Less than three working days" the fixed period of prevenance does not lead to a reduction of that period within three days.
The second paragraph of Article 10-5 (creation of paragraph 8 in the "modulated or variable part-time" paragraph of Article 5-5 Of the Agreement of 23 May 2000) is extended under the same reservation as that set out in Article 9-3 above.
Extending the Effects and sanctions of the agreement referred to above shall be made from the date of publication of this Order for the remaining duration and the conditions laid down in the aforementioned 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 by delegation:
By preventing the
Manager from working relationships:
The service manager,
L. Setton
Note. -The text of the above-mentioned agreement has been 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, rue Desaix, 75727 Paris Cedex 15, au Price of EUR 7.01.
