Order Of December 27, 2001, Extension Of The National Collective Agreement Of Local Missions And Couple

Original Language Title: Arrêté du 27 décembre 2001 portant extension de la convention collective nationale des missions locales et PAIO

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JORF n ° 1, January 1, 2002, page 99 text no. 116 ORDER order of December 27, 2001, extension of the national collective agreement of local missions and COUPLE NOR: MEST0111849A ELI: not available the Minister of employment and solidarity, seen articles L. 133 - 1 and following of the labour code;
The national collective agreement of local missions and COUPLE of February 21, 2001, supplemented by 5 annexes;
Given the request for extension made by the signatory organizations;
See the notice published in the Official Journal on April 4, 2001;
Seen the opinions gathered during the investigation;
Seen the advice motivated the National Commission for collective bargaining (Sub-Committee of the conventions and agreements), stop: Article 1 are mandated, for all employers and all employees included in the scope of the national collective agreement of local missions and COUPLE of February 21, 2001, the provisions of the national collective agreement of February 21, 2001, supplemented by 5 annexes , excluding:-of the third and fourth paragraphs of article II-4-3-2 (eligibility) of title II (freedom of opinion, right to organize, staff representation) as being contrary to article L. 423 - 8 of the code work, - 'aged less than 65' words in the first paragraph of point IV-2-2 (beneficiaries of the guarantee) of article IV-2 (supplementary pension scheme) of title IV (pension and retirement plans) as being contrary to articles L. 242-1 of the code of social security and L. 122-45 of the labour code;
-the first paragraph of article X - 4 (conventions or previous agreements) of title X (transitional measures) as being contrary to articles L. 132 - 6 and L. 132 - 8 of the code of labour and to article 1134 of the civil code.
Title II (freedom of opinion - Union law - staff representation) is extended under the following reservations: the last paragraph of point II-1-3 (the unions) of article II-1 (right to organize) extended subject to the application of article L. 412 - 10 of the labour code.
The last paragraph of point II-1-5 (steward) of the same article II-1 is extended subject to the application of article L. 412 - 20 of the labour code.
The fourth paragraph of point II-4-1 (the staff representatives elections) article II-4 (the staff delegates) extended subject to the application of article L. 423 - 18 of the labour code.
The second paragraph of point II-4-2 (calculation of membership) of the same article is extended subject to the application of the last subparagraph of article L. 431 - 1 of the labour code.
Section II-4-3-1 (electorate) of point II-4-3 (electorate - eligibility) of the same article is extended subject to the application of article L. 423 - 7 of the labour code.
The third paragraph of point II-4-5 (use of delegation hours) of the same article II-4 (the staff delegates) extended subject to the application of the combined provisions of articles L. 236 - 1 and L. 236 - 7 of the labour code.
The fourth and sixth paragraphs of this item II-4-5 are extended subject to the application of article L. 424 - 1 of the labour code.
Point II-4-6 (missions) of the same article II-4 extended subject to the application of article L. 422 - 1 of the labour code.
The fifth paragraph of point II-4-8 (exercise of the functions of staff representative) of the same article II-4 extended subject to the application of article L. 424 - 2 of the labour code.
The second paragraph of paragraph (social and cultural functions) of point II-5-1 (the powers) of article II-5 (the Works Council) extended subject to the application of article L. 432 - 9 of the labour code.
The second and fourth paragraphs of point II-5-4 (credit hours) of the same article II-5 extended subject to the application of article L. 431 - 1 of the labour code.
Title III "recruitment - dismissal" is extended under the following reservations: the third paragraph of article III-9 (dismissal for economic reasons) extended subject to the application of article L. 321 - 14 of the labour code.
The first and second paragraphs of article III-10 (retired) are extended subject to the application of the third paragraph of article l. 122-14-13 of the labour code.
The third paragraph of article III-10 extended subject to the application of the combined provisions of the last paragraph of article l. 122-14-13 and article L. 122 - 6 of the labour code.
Title IV 'pension plan and pension fund' is extended under the following reservations: paragraph IV-2-9-5 (term of coverage) point IV-2-9 (clauses common to all the guarantees) article IV-2 (supplementary pension scheme) is subject to the application of article 7 of law No. 89 - 1009 of December 31, 1989, amended.
Point IV-2-12 (management plan) of article IV-2 is subject to an additional agreement which specifies, in accordance with the provisions of article L. 912 - 1 of the code of social security, the contribution rates applicable for each coverage as well as the distribution between the supported by the employer and one part supported by the employee.
The last paragraph of point IV-2-15 (review of the terms of the pooling organization) of the same article IV-2 extended subject to the application of article L. 912 - 3 of the code of social security.
Title V "execution of the contract of employment" is extended under the following reservations: the fifth paragraph of article V-2 (overtime - compensatory) extended subject to the application of articles L. 212 - 5 and L. 222 - 7 of the labour code.
The second paragraph of article V-8 (economic, social and trade union training leave) is extended without prejudice to the application of article L. 451 - 1 of the labour code.
The eighth paragraph of article V-9 (sick leave) is extended subject to the application of articles L. 122 - 45 and L. 122-14-3 of the labour code.
Title VI "remuneration for work" is extended with the following reservation: the second paragraph of article VI-1 "salaries and benefits" is extended subject to the application of article L. 132 - 12 of the labour code.
Title VII 'vocational training' is extended under the following reservations: the second paragraph of article VII-2 (participation employer) extended subject to the application of article R. 952 - 4 of the labour code.
This second subparagraph and paragraph 3 of article VII-2 extended subject to the application of article L. 951 - 1 of the labour code.


Article 2 the extension of the effects and sanctions of the national collective agreement referred to above is made from the date of the publication of this order for the remaining period and on the conditions prescribed by the said collective 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 27 December 2001.
For the Minister and by delegation: the Director of labour, j. relationships. Combrexelle

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