Key Benefits:
The Minister of Employment and Solidarity,
In the light of articles L. 133-1 and following of the Labour Code;
In the light of the decree of 22 November 1956 and the successive orders, in particular the order of the 17 April 2001, extending the national collective labour agreement for the staff of the printing works and graphic industries of 29 May 1956 and of the texts which amended or supplemented it;
In view of the framework agreement of 22 March 2001 Reduction and development of working time for bookbinding undertakings-booklet-gilding under the aforementioned national collective agreement;
Given the request for extension by the signatory organisations;
In view of the opinion published in the Official Journal of 10 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),
Stop:
Are made mandatory for all employers and employees included in the scope of the National collective labour agreement for the staff of the printing works and graphic industries as amended by agreements of 4 March 1993, 9 September 1993 and by the agreement of 12 December 1996 on the specific branch of the Binder-leaflet, the provisions of the Framework Agreement of 22 March 2001 for the reduction and the organisation of working time applicable to bookbinding undertakings-brochure-dorure concluded under the abovementioned collective agreement, to the exclusion :
-the term: " ", in Article 6-6 (reduction in the form of additional days of rest over the year);
-the last sentence of the last paragraph of Article 9-1 (integrated frameworks in a work unit and following Article
(working time) is extended subject to the application of Article L. 212-8 (paragraph 1) of the Labour Code, which lays down the rules for calculating annual working hours, which may lead to a period of time The
paragraph of Article 5 (organisation of daily and weekly rest periods) shall be extended subject to the application of Articles L. 221-5-1 and following of the Labour Code relating to derogations from The prohibition of work on Sundays.
Articles 6-4 and 6-5 (reduction in the form of additional rest on the year) shall be extended subject to the application of Article L. 212-9-II (paragraph 2) of the Labour Code, part of the days of Rest before, in any event, remain at the option of the employee.
Article 6-7 (reduction in the form of additional days of rest on the year) shall be extended subject to the application of Article L. 212-9-II (paragraph 2) of the Labour Code The limit of the year in which the reduction in working time is applied.
The last sentence of the first subparagraph (transitional period) of Article 6-14 shall be extended subject to The application of paragraph VIII of Article 5 of Law No. 2000-37 of 19 January 2000 on the negotiated reduction of working time under which the threshold for allocating overtime on the quota is set at 36 hours for 2001.
Article 7-1 (principle of modulation) is extended subject to the proviso that, pursuant to Article L. 212-8 of the Labour Code, a supplementary branch or company agreement specifies:
-economic and social data Justifying the use of modulation;
-the procedures for the use of temporary work;
-the right to remuneration and compensatory rest of employees who have not worked throughout the period of modulation of the duration of the
second subparagraph of Article 7 (1) (principle of modulation) should be extended subject to the application of Article L. 212-8 (paragraph 1) of the Code. Article
-6 (partial unemployment) shall be extended subject to the application of Articles L. 351-25 and Articles L. 351-25 shall apply to the calculation of the annual hours of work. R. 351-50 of the Labour Code, the use of partial unemployment is only possible in cases fixed by the laws and regulations.
The last sentence of the first subparagraph of Article 7-12 (transitory period) is extended under Reservation of the application of paragraph VIII of Article 5 of Law No. 2000-37 of 19 January 2000 on the negotiated reduction of working time under which, in the context of modulation, the threshold for allocating overtime on The quota is set at 1,645 hours (36 hours on average for the year) for the year 2001.
Article 9-2 (executives whose mission requires freedom of organisation) is extended, with regard to the conclusion of the package in days on a basis Annual, subject to the application of paragraph III of Article L. 212-15 -3 of the Labour Code, a supplementary branch or undertaking agreement defines:
-the categories of employees concerned for which the duration of the working time Cannot be predetermined due to the nature of their duties, their responsibilities and the degree of autonomy they enjoy in the organisation of their use of time;
-the method of counting the days and the Half days worked and the taking of days or half days of rest;
-the conditions for monitoring its application;
-the procedures for monitoring the organisation of the work of the employees concerned, the amplitude of their days
-the practical arrangements for the application of daily and weekly rest.
Article 10 is extended subject to the application of Article 32 of the aforementioned Law of 19 January 2000 which Provides for a guarantee of remuneration for employees paid to the SMIC not only for the employees affected by the reduction in working time but also for the new hires who would occupy equivalent jobs by their The
subparagraph of Article 12 (3) (Power of the Time Savings Account) is extended subject to compliance with Article L. 227-1 of the Labour Code (seventh paragraph). Under which the whole of the days allocated to the time savings account of an employee pursuant to the third and sixth paragraphs of that article may not exceed twenty-two days a year.
The extension of the effects and sanctions of the above agreement shall be made from the date of publication of this judgment for the remaining time to be run and the conditions
The Director of Labour Relations shall be responsible for the execution of this Order, which shall be Published in the Official Journal of the French Republic.
Done at Paris, January 17, 2002.
For the Minister and by delegation:
The Director of Labour Relations,
J.-D. Combrexelle
Note. -The text of the above-mentioned agreement has been published in the Official Bulletin of the Ministry, booklet Collective Agreements No. 2001/16 of 18 May 2001, available at the Official Journals Directorate, 26, rue Desaix, 75727 Paris Cedex 15, at a price of 7.01 EUR.
