LEGAL HOURS OF WORK AND OVERTIME SCHEDULE
LexInter | April 30, 2003 | 0 Comments

LEGAL HOURS OF WORK AND OVERTIME SCHEDULE

Article 1

  1. – The first paragraph of Article L. 212-1 of the Labor Code is worded as follows:

“In the establishments or professions mentioned in article L. 200-1, as well as in the craft and cooperative establishments and their dependencies, the legal duration of the effective work of the employees is fixed at thirty-five hours per week. “

  1. – The duration provided for in Article L. 212-1 of the Labor Code is applicable from January 1, 2000 for companies whose workforce at that date is more than twenty employees as well as for the economic and social units of more than twenty employees recognized by agreement or by court decision.For other companies and economic and social units, it is reduced from thirty-nine hours to thirty-five hours as of January 1, 2002, including for those whose workforce has been at most equal to twenty employees for more than twelve months. consecutive. The workforce is assessed under the conditions provided for in the second paragraph of article L. 421-1 and article L. 421-2 of the same code. Travelers, representatives or ushers falling under Articles L.

For the calculation of the staff of intermediary associations with regard to the provisions of this law, the permanent employees of these associations are taken into account, on the one hand, and, on the other hand, the workers who have been linked to them by employment contracts for a total duration of at least three months during the last calendar year.

III. – Article L. 212-1 bis of the labor code is repealed.

  1. – Provisions declared non-compliant with the Constitution by decision of the Constitutional Council no.99-423 DC of January 13, 2000.
  2. – Article L. 212-1-1 of the Labor Code is supplemented by a paragraph worded as follows:

“If the counting of the working hours performed by each employee is ensured by an automatic recording system, it must be reliable and tamper-proof. “

  1. – In Article L. 321-9 of the Labor Code, after the reference: “L. 321-4”, the words are inserted: “L. 321-4-1, with the exception of the second paragraph,” .

VII. – In agglomerations of more than 50,000 inhabitants, the president of the inter-municipal structure, in liaison, if necessary, with the mayors of the neighboring municipalities, promotes the harmonization of the schedules of public services with the needs arising, in particular from the point of view of the reconciliation between professional and family life, of the evolution of the organization of work in the activities established on the territory of the municipality or nearby.

To this end, it brings together, as necessary, the representatives of the organizations or communities managing the services concerned and puts them, where appropriate, in contact with the social partners of companies and communities in order to promote knowledge of the needs and to facilitate the search for local adaptation to satisfy them.

Article 2

  1. – The last paragraph of Article L. 212-4 of the Labor Code is replaced by two paragraphs thus worded:

“The time required for catering as well as the time devoted to breaks are considered to be actual working time when the criteria defined in the first paragraph are met. Even if they are not recognized as working time, they can be remunerated by agreement or contract.

“When the wearing of work clothes is required by legislative or regulatory provisions, by contractual clauses, the internal regulations or the employment contract and the dressing and undressing must be carried out in the company or on the place of work, the time required for dressing and undressing operations is subject to compensation either in the form of rest or financial, to be determined by convention or collective agreement or failing that by the employment contract, without prejudice to clauses of collective, branch, company or establishment agreements, uses or stipulations of the employment contract assimilating these dressing and undressing times to actual working time. “

  1. – The provisions of the third paragraph of Article L. 212-4 of the Labor Code are applicable from the start of the calendar year following the reduction of the legal duration to thirty-five hours.

Article 3

Article L. 212-4 of the Labor Code is supplemented by a paragraph worded as follows:

“A period equivalent to the legal period may be instituted in the professions and for specific jobs comprising periods of inaction either by decree, taken after conclusion of a convention or a branch agreement, or by decree in Council of ‘State. These periods are remunerated in accordance with custom or collective agreements or agreements. “

Article 4

After article L. 212-4 of the labor code, an article L. 212-4 bis is inserted as follows:

“Art. L. 212-4 bis. – An on-call period is understood as a period during which the employee, without being at the permanent and immediate disposal of the employer, has the obligation to remain at his home or nearby in order to be able to intervene to perform work in the service of the company, the duration of this intervention being considered as effective working time.

“These periodic penalty payments are put in place by extended collective agreements or agreements or company or establishment agreements, which fix the mode of organization as well as the financial compensation or in the form of rest to which they give rise. In the absence of an agreement or agreement, the conditions under which the periodic penalty payments are organized and the financial or rest compensation to which they give rise are fixed by the employer after informing and consulting the works council or, in the case of absence of a works council, staff representatives if there are any, and after informing the labor inspector.

“The individual programming of on-call periods must be brought to the attention of each employee concerned fifteen days in advance, except in exceptional circumstances and on condition that the employee is notified at least one clear day in advance. At the end of the month, the employer must give each employee concerned a document summarizing the number of on-call hours worked by him during the past month as well as the corresponding compensation. This document, which is kept at the disposal of the control officers of the labor inspectorate, is kept for a period of one year. “

Article 5

  1. – The last five paragraphs of article L. 212-5 of the labor code become the first to fifth paragraphs of article L. 212-7-1 inserted after article L. 212-7.

In the first paragraph of Article L. 212-7-1 of the same code, the words: “However, the” are replaced by the word: “The”.

In 2o of article L. 212-7-1 of the same code, after the words: “extended collective agreement”, the words: “or an agreement or a company or establishment agreement” are inserted.

In the fifth paragraph of article L. 212-7-1 of the same code, the words: “of this article and of the articles” are replaced by the words: “of articles L. 212-5,” and the word: ” thirty-nine ”by the word:“ thirty-five ”.

  1. – Article L. 212-5 of the same code is worded as follows:

“Art. L. 212-5. – In establishments and professions subject to the regulation of working hours, overtime worked beyond the weekly working time fixed by article L. 212-1 or the time considered as equivalent are governed by the following provisions:

“I. – Each of the first four hours of overtime Provisions declared non-compliant with the Constitution by decision of the Constitutional Council no. 99-423 DC of January 13, 2000 gives rise to a 25% bonus.

Provisions declared non-compliant with the Constitution by decision of the Constitutional Council no.99-423 DC of January 13, 2000.

“A convention or an extended collective agreement or a convention or a company or establishment agreement determines the terms of the bonus which may give rise either to the allocation of a rest period, taken according to the terms defined in article L. 212-5-1, or the payment of an equivalent salary increase. In the absence of an agreement or agreement, the bonus is awarded in the form of rest.

Provisions declared non-compliant with the Constitution by decision of the Constitutional Council no.99-423 DC of January 13, 2000.

Provisions declared non-compliant with the Constitution by decision of the Constitutional Council no.99-423 DC of January 13, 2000.

Provisions declared non-compliant with the Constitution by decision of the Constitutional Council no.99-423 DC of January 13, 2000.

“II. – Each of the four hours of overtime worked beyond the fourth gives rise to an increase in salary of 25% and the following hours to an increase of 50%.

“III. – An extended collective agreement or agreement or a company or establishment agreement or agreement may, without prejudice to the provisions of Article L. 212-5-1, provide for the replacement of all or part of the payment for hours additional, as well as the increases provided for in II above, by equivalent compensatory rest.

“In companies not subject to the obligation referred to in Article L. 132-27, this replacement is subject, in the absence of an extended collective agreement or agreement, to the absence of opposition, when exist, of the works council or of the staff representatives.

“The agreement or the works agreement or the text submitted for the opinion of the works council or the staff representatives mentioned in the two preceding paragraphs may adapt the conditions and modalities of granting and taking compensatory rest to the company.

“Overtime giving rise to a rest equivalent to their payment and the related bonuses or increases shall not be deducted from the annual quota of overtime provided for in article L. 212-6.

“Overtime is calculated per calendar week which begins on Monday at midnight and ends on Sunday at midnight. However, a company agreement may provide that the calendar week begins on Sunday at 12 a.m. and ends on Saturday at midnight. “

III. – Provisions declared non-compliant with the Constitution by decision of the Constitutional Council no.99-423 DC of January 13, 2000.

  1. – Overtime worked beyond thirty-nine hours per week or the time considered to be equivalent in companies for which the legal working time is set at thirty-five hours from January 1, 2002, give rise to on this date, to a salary increase of 25% for the first eight hours and 50% for the following hours and are subject to the provisions of III of Article L. 212-5 of the Labor Code.
  2. -v. Law of January 17, 2003 During the first calendar year during which the weekly duration is set at thirty-five hours, each of the first four hours of overtime worked gives rise to:

– Provisions declared non-compliant with the Constitution by decision of the Constitutional Council no. 99-423 DC of January 13, 2000 to the bonus provided for in the first paragraph of I of article L. 212-5 of the same code at the rate of 10%;

– Provisions declared non-compliant with the Constitution by decision of the Constitutional Council no.99-423 DC of January 13, 2000.

  1. – Article L. 212-5-1 of the Labor Code is amended as follows:

1o The second paragraph reads as follows:

“Overtime worked in the cases listed in article L. 221-12 is not counted against the annual quota provided for in article L. 212-6. “;

2o The first sentence of the fourth paragraph reads as follows:

“The rest can be taken according to two formulas, the whole day or the half-day, at the convenience of the employee, outside a period defined by regulation. “;

3o The second sentence of the fourth paragraph is deleted;

4o In the fifth paragraph, after the first sentence, a sentence worded as follows is inserted:

“A convention or an extended collective agreement or a convention or an agreement of company or establishment may set a longer period, within the limit of six months. “

VII. – Article L. 212-6 of the same code is thus amended:

1o The first paragraph is completed by two sentences worded as follows:

“This quota is reduced when the weekly working time varies under the conditions provided for by an agreement or a collective agreement defined in article L. 212-8. However, this reduction is not applicable when the convention or collective agreement provides for a variation in the weekly working time within the limits of thirty-one and thirty-nine hours or a number of hours beyond the duration. weekly statutory less than or equal to seventy hours per year. “;

2o The second paragraph reads as follows:

“Without prejudice to the provisions of the first and third paragraphs of article L. 212-5-1, the quota of overtime that may be worked after informing the labor inspector may be fixed, by an agreement or an agreement extended collective, to a volume greater or less than that determined by the decree provided for in the first paragraph. “;

3o After the second paragraph, a paragraph worded as follows is inserted:

“For the calculation of the quota fixed by the decree provided for in the first paragraph and the quota mentioned in the second paragraph, the hours worked in excess of thirty-five hours per week are taken into account. “

VIII. – The threshold defined in the third paragraph of Article L. 212-6 of the Labor Code is set at thirty-seven hours for the year 2000 and thirty-six hours for the year 2001. When the company applies of an agreement or agreement mentioned in article L. 212-8 of the same code, this threshold is set respectively for the years 2000 and 2001 at 1,690 and 1,645 hours. For companies for which the legal working time is set at thirty-five hours from January 1, 2002, these thresholds are applicable in 2002 and 2003 respectively. These provisions are applicable from January 1, 2000.

  1. – In the first sentence of Article L. 212-2 of the Labor Code, the word: “previous” is replaced by the reference: “L. 212-1”.

In the second paragraph of article L. 620-2 of the same code, the reference to article L. 212-5 is replaced by that to article L. 212-7-1 and the words: “the indicative program modulation mentioned in 4o of article L. 212-8-4 “are replaced by the words:” the modulation program mentioned in the sixth paragraph of article L. 212-8. “

Article 6

The first sentence of the second paragraph of Article L. 212-7 of the Labor Code is replaced by two sentences worded as follows:

“The weekly working time calculated over any period of twelve consecutive weeks may not exceed forty-four hours. A decree issued after conclusion of an agreement or a collective branch agreement may provide that this weekly duration calculated over a period of twelve consecutive weeks may not exceed forty-six hours. “

Article 7

Article L. 221-4 of the Labor Code is supplemented by the words: “to which are added the consecutive hours of daily rest provided for in article L. 220-1. “

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