Key Benefits:
Minister of Employment and Solidarity,
In view of articles L. 133-1 and following of the Labour Code;
Given the national collective agreement of department stores and stores Popular on 30 June 2000;
Having regard to the annex of 30 June 2000 on the social guarantees of the masters of the national collective agreement referred to above;
Having regard to the annex of 30 June 2000 on the social guarantees of executives at the National collective agreement referred to above;
Having regard to the agreement of 11 April 2001 on the classifications and minimum guarantees guaranteed under the aforementioned national collective agreement;
Having regard to the agreement of 11 April 2001 annexed to The above-mentioned agreement of 11 April 2001 under the aforementioned national collective agreement;
In view of the request for extension submitted by the signatory organisations;
In view of the opinions published in the Official Journal of 4 October 2000 and 11 May 2001;
In view of the opinions gathered during the investigation;
In view of the reasoned opinion of the National Commission for Collective Bargaining (Sub-Committee on Conventions and Agreements), in particular the opposition formulated by the representatives of two Unions of employees;
Whereas the annexes relating to social guarantees and the framework of 30 June 2000 were concluded in accordance with the requirements laid down in Article L. 133-1 of the Labour
; Organisations which are signatories to the collective agreement have been able to organise freely the reduction of working time and to this fixed title of objectives as well as rules and procedures specific to the particular situation of the
; In addition, the provisions of the treaty text conform, with the following reservations and exclusions, to the existing laws and regulations,
Stop:
Are made mandatory for all employers and employees included in the scope of the National Collective Agreement for Major Stores and Stores on June 30, 2000, the provisions of:
1. The said collective agreement, excluding:
-of the terms " For the first time " In the fourth paragraph of Article 4.2 (works council) and the fifth paragraph of Article 4.2;
-the fourth and seventh paragraphs of the Article 7.4 (individual work day);
-the terms " Indeterminate contract holders and " In Article 7.12.1 (opening of the account);
-the second sentence of the first subparagraph of Article 8.6 (organisation of the day of The
paragraph of Article 3.1 (right to organise) carrying out a limitative enumeration of cases of prohibition of the taking into account of trade union membership shall be extended subject to the application of the provisions of the Article L. 412-2 of the Labour Code.
The fourth, fifth and sixth subparagraphs of Article 4.4 (conduct of the vote) are extended subject to the application of the third paragraph of Articles L. 423-13 and L. 433-9 of the Labour Code relating to The organisation of the elections of staff representatives and members of the works council.
The third paragraph of Article 4.5 (Committee on Health, Safety and Working Conditions) is extended subject to the application of the second Article L. 236-1 of the Labour Code under which, in the absence of CHS-CT in establishments of 50 or more employees, the staff delegates of such establishments shall have the same tasks and means as the members of such establishments The
paragraph of Article 5.1 (hiring guidelines) is extended subject to the application of the last paragraph of Article L. 123-1 of the Labour Code.
The first paragraph of Article 5.2 (change of Situation of the employee) is extended subject to the application of Article L. 121-6 of the Labour Code, according to which the information requested, in any form, to the candidate for employment or to an employee may not have as its purpose
first paragraph of Article 7.2 (organisation of work) shall be extended subject to the application of Article L. 212-4-1 of the Labour Code which specifies The arrangements for setting up individualised working hours.
The second subparagraph of Article 7.2 (organisation of work) is extended subject to the application of the last paragraph of Article L. 212-4 and Article L. 212-1 of the Labour Code, The duration of work arrangement to be adapted to the statutory working time of 35 hours.
Paragraph " Option 2 " On the reduction of working time in the year by the allocation of days or half-days of rest Article 7.2.2 (organisation and reduction of working time) is extended subject to the application of Article L. 212-9 of the Labour Code, pursuant to Article L. 212-9 of the Labour Code, a supplementary branch or undertaking agreement provides, within the limits of The year, the maximum time limits in which rest shall be taken and the arrangements for the allocation in time of remuneration rights according to the rest schedules.
The last paragraph of the paragraph " Option 3 " Relating to the reduction Working time with modulation of the hours of Article 7.2.2 (organisation and reduction of working time) is extended subject to the application of Article L. 212-8 (4th paragraph) of the Labour Code, which provides for hours
second sentence of the second subparagraph of Article 7.4 (individual working day) shall be extended subject to the application of Article D. 220-7 of the
second paragraph of Article 7.9 (d) of Article 7.9 (leave with pay) shall be extended subject to the provisions of the Staff Regulations. The application of the combined provisions of Article 8 of Act No. 99-944 of 15 November 1999 on the Civil Pact of Solidarity and of Article L. 223-7 of the Labour Code.
The sixth paragraph of Article 7.10 (periodic penalty payments) is extended under Reservation of the application of Article L. 212-4 bis of the Labour Code by virtue of which, during the on-call period, the duration of the employee's intervention (whether at a distance or in the undertaking) must be regarded as working time
7.12 (Time savings account) is extended subject to the proviso that, in accordance with the provisions of Article L. 227-1 of the Labour Code, a complementary branch or undertaking agreement determines the terms of Conversion in time of premiums and allowances.
The last paragraph of Article 8.5 (overtime) shall be extended subject to the application of the first paragraph of Article L. 212-4-4 of the Labour Code under which:
-where the time limit Shall be reduced within seven working days, the agreement shall provide for the granting of counterparties;
-the period of prevenance, in any event, cannot be reduced within three working days.
The first two paragraphs of the Article 9.4 (sickness) shall be extended subject to the application of the provisions of Articles L. 122-45 and L. 122-14-3 of the Labour Code.
The last paragraph of Article 9.4 (sickness) is extended subject to the application of Law No. 78-49 of 19 January 1978 (art. 7 of the attached national inter-professional agreement), as the law does not require a condition of recovery time to open the right to compensation.
The first paragraph of Article 9.8 (sick leave of a child) is extended subject to application The first paragraph of Article L. 122-28-8 of the Labour Code, the benefit of non-paid legal leave is subject to a simple medical certificate.
The sixth indent of the first subparagraph of Article 9.9 (leave for family events) is extended Subject to the application of the combined provisions of Article 8 of Law No. 99-944 of 15 November 1999 on the Civil Solidarity Pact and Article L. 226-1 of the Labour Code.
The first paragraph of Article 10.4 Dismissal) is extended subject to the application of the third paragraph of Article L. 122-14-13 of the Labour Code, under which the benefit of the legal indemnity of dismissal is due to any employee who is retired by the employer if the
first paragraph of Article 10.5 (Departure or retirement) shall be extended subject to the application of the first and third paragraphs of Article L. 122-14-13 of the Labour
. Article 10.6 (retirement) is extended subject to the application of paragraph 3 of Article L. 122-14-13 of the Labour Code.
The last indent of the first subparagraph of Article 11.7 (financial provisions) is extended subject to The application of the second paragraph of Article R. 950-3 and the first paragraph of Article R. 964-13 of the Labour
. The annex of 30 June 2000 on social guarantees for master's officers.
The first paragraph of Article 12 (supplementary compensation for absences due to illness or injury) is extended subject to the application of the Act No. 78-48 of 19 January 1978 (art. 7 of the annexed Agreement) under which the legal guarantees of remuneration granted in the event of sickness or accident are to be deducted from the allowances which the person concerned receives from social security and supplementary pension schemes, By holding, in the latter case, only the share of the benefits resulting from the employer's payments.
The fourth paragraph of Article 12 (supplementary compensation for absences due to sickness or accident at work) is extended under Reservation of the application of Law No. 78-49 of 19 January 1978 (art. The
paragraph of Article 13 (maternity) is extended subject to the application of Article L. 122-25-3 of the Labour Code, compulsory paid medical examinations must not be restricted to examinations only
first paragraph of Article 15 (Absences to care for a sick child) is extended subject to the application of Article L. 122-28-8 of the Labour Code.
The sixth indent of the first paragraph of Article 16 (leave Exceptional) is extended subject to the application of the combined provisions of Article 8 of Law No 99-944 of 15 November 1999 on the Civil Solidarity Pact and Article L. 226-1 of the Labour
. Article 19 (severance pay) is extended subject to the application of the third paragraph of Article L. 122-14-13 of the Labour Code.
The first paragraph of Article 20 (departure or retirement) is extended subject to the The application of the first and third paragraphs of Article L. 122-14-3 of the Labour
. The Annex of 30 June 2000 on the social guarantees of managers.
The first subparagraph of Article 11 (supplementary compensation for absences due to sickness or accident at work) is extended subject to the application of Act No. 78-48 of the January 19, 1978 (art. The
paragraph of Article 11 (supplementary compensation for absences due to illness or injury of work) is extended subject to the application of Law No. 78-49 of 19 January 1978 (Art. The
paragraph of Article 12 (maternity) is extended subject to the application of Article L. 122-25-3 of the Labour Code.
The first paragraph of Article 14 (absences to care for a Sick child) is extended subject to the application of Article L. 122-28-8 of the Labour Code.
The sixth indent of the first subparagraph of Article 15 (exceptional leave) is extended subject to the application of the combined provisions of Article 8 of Act No. 99-944 of 15 November 1999 on the Civil Solidarity Pact and Article L. 226-1 of the Labour Code.
The first paragraph of Article 22 (severance pay) is extended subject to the application of the Third paragraph of Article L. 122-14-3 of the Labour Code.
The first paragraph of Article 23 (departure or retirement) is extended subject to the application of the first and third paragraphs of Article L. 122-14-3 of the Job.
4. The agreement of 11 April 2001 on the classifications and minimum guarantees guaranteed under the aforementioned national collective
. The agreement of 11 April 2001 annexed to the agreement of 11 April 2001 referred to in the aforementioned national collective agreement.
The extension of the effects and sanctions of the collective agreement supplemented by two annexes and two agreements shall be made from the date of publication of this Order for the remaining duration and the conditions laid down therein Convention.
The Director of Labour Relations shall be responsible for the execution of this Order, which shall be published in the Journal Official of the French Republic.
Done at Paris, December 20, 2001.
For the Minister and by delegation:
The Director of Labour Relations,
J.-D. Combrexelle
Note. -The text of the above-mentioned agreements has been published in the Official Bulletin of the Ministry, fascicles Collective agreements BO a n ° 2000/12 of 8 September 2000 (for the Convention and the two annexes) and No. 2001/18 as of 1 June 2001 (for both Agreements), available at the Official Journals Directorate, 26 rue Desaix, 75727 Paris Cedex 15, at a price of EUR 7.01 for the Official Gazette and EUR 3.81 for the Official Bulletin B.
