work time
LexInter | March 8, 2003 | 0 Comments

WORK TIME

Article 2


A. – The labor code is thus amended:

I. – In article L. 212-5:

1 ° I and II are replaced by an I as follows:

“I. – Overtime gives rise to an increase salary, the rate of which is fixed by an agreement or an extended branch agreement. This rate cannot be less than 10%. In the absence of an agreement or agreement, each of the first eight hours of overtime gives rise to an increase of 25% and the following hours to an increase of 50%. “;

2 ° III becomes II;

3 ° In the first paragraph of III, the words: “in II” are deleted.

II. – In article L. 212-5-1:

1 ° The first paragraph is worded as follows:

“The additional working hours mentioned in Article L. 212-5 and carried out within the contractual quota fixed in accordance with the terms provided for in the second paragraph of Article L. 212-6 when there is, or, at lack of the quota set by the decree provided for in the first paragraph of Article L. 212-6, entitle them to compulsory compensatory rest the duration of which is equal to 50% of the working time completed in overtime beyond forty and one hour in companies with more than twenty employees. “;

2 ° The third paragraph is worded as follows:

“Overtime worked beyond the contractual quota fixed in accordance with the terms provided for in the second paragraph of article L. 212-6 when there is, or, failing that, the quota fixed by the decree provided for in the first paragraph of l Article L. 212-6, entitle them to compulsory compensatory rest, the duration of which is equal to 50% of these overtime hours, for companies with twenty employees at most, and to 100% for companies with more than twenty employees. ”

III. – The second paragraph of Article L. 212-6 reads as follows:

“The quota of overtime that can be worked after informing the labor inspector can be fixed, by a convention or an extended branch collective agreement, at a volume higher or lower than that determined by the decree provided for in the first paragraph. ”

IV. – In Article L. 212-8:

1 ° In the first paragraph:

a) After the words: “does not exceed”, the end of the first sentence reads as follows: “a ceiling of 1,600 hours”;

b) The second sentence reads as follows:

“The convention or agreement may set a lower ceiling. “;

2 ° In the fourth paragraph, the words: “the average annual duration calculated on the basis of the legal duration according to the rule defined in the first paragraph and, in any event, of” are deleted. The same paragraph is completed by the words: “or a lower ceiling fixed by the convention or the agreement”.

V. – In the second sentence of the first paragraph of II of Article L. 212-9, the words: “thirty-five hours on average over the year and, in any event,” are deleted.

VI. – In the first paragraph of Article L. 212-10 , the words: “and in the first paragraph of I of Article L. 212-5,” are replaced by the word: “, to”.


VII. – In article L. 22-15-2, the words: “employed according to the collective schedule applicable within the workshop, department or team to which they are integrated and for which the working time may be predetermined ”are replaced by the words:“ whose nature of functions leads them to follow the collective schedule applicable within the workshop, department or team to which they are integrated ”.

VIII. – In Article L. 212-15-3:

1 ° In the second paragraph of II, the word: “and” is replaced by the word: “or”;

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

“The convention or agreement defines, with regard to their autonomy in the organization of their timetable, the categories of executives concerned. ”

IX. – In Article L. 227-1:

1 ° In the first paragraph, after the words: “company or establishment agreement”, are inserted the words: “not having been the object of the opposition provided for in Article L. 132-26 ”;

2 ° The first sentence of the second paragraph is completed by the words: “or to build up savings”;

3 ° In the fourth paragraph, the words: “the conversion of” and the words: “into additional days of leave” are deleted;

4 ° In the sixth paragraph, the words: “of the bonus provided for in the first and second paragraphs of I of article L. 212-5, of the replacement compensatory rest defined in the first paragraph of III of the same article” are replaced by the words: “replacement compensatory rest defined in the first paragraph of II of the

5 ° In the eleventh paragraph, the words: “the terms of time conversion of bonuses and indemnities” are replaced by the words: “the terms of valuation in time or money of the elements allocated to the account”;

6 ° The same paragraph is supplemented by a sentence worded as follows:

“The rights to paid vacation allocated to the time savings account may be valued in money within the limit of five days per year. ”

B. – The agreed overtime quotas negotiated, in application of the second paragraph of Article L. 212-6 of the Labor Code, prior to the date of publication of this law, receive full effect in terms of opening. the right to compulsory compensatory rest, within the limit of the regulatory quota provided for in the first paragraph of the same article.

Article 3


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

“With the exception of the intervention period, the on-call period is counted in the minimum periods referred to in Articles L .220-1 and L. 221-4. ”

Article 4


In article 26 of the law of 13 December 1926 on the maritime labor code, the words: “of I, II” are replaced by the words: “of I” and the words: “of III” are replaced by the words : “From II”.

Article 5


The V of article 5 of the aforementioned law n ° 2000-37 of January 19, 2000 is supplemented by a 2 worded as follows:

“Pending the convention or the extended branch agreement mentioned in I of the article L. 212-5 of the labor code or in I of article L. 713-6 of the rural code, the rate of increase for the first four hours of overtime applicable to companies with twenty employees at most remains fixed at 10% at most late until December 31, 2005. ”

Article 6


In the last paragraph of Article L. 212-4-2 of the Labor Code:

1 ° After the words: “legal working time”, the words are inserted: “, ie 1,600 hours,”;

2 ° The words: “, minus the hours corresponding to the days of legal holidays and the public holidays mentioned in article L. 222-1” are deleted.

Article 7


The rural code is thus amended:

I. – The first paragraph of III of article L. 713-5 is supplemented by a sentence worded as follows:

“With the exception of the duration of the intervention, the on-call period is counted in the minimum periods referred to in I of Article L. 714-1 and in Articles L. 714-2 and L. 714-5. ”

II. – In article L. 713-6:

1 ° I and II are replaced by an I as follows:

“I. – Overtime gives rise to a salary increase, the rate of which is fixed by an agreement or an agreement. branch extended. This rate cannot be less than 10%. In the absence of an agreement or agreement, each of the first eight hours of overtime gives rise to an increase of 25% and the following hours to an increase of 50%. “;

2 ° The III becomes the II.

III. – In the first paragraph of Article L. 713-7, the words: “to II” are replaced by the words: “to I”.

IV. – In Article L. 713-9:

1 ° In the second paragraph, the words: “more than ten employees” are replaced by the words: “more than twenty employees”;

2 ° The third paragraph is worded as follows:

“In establishments falling within the scope of 6 ° of Article L. 722-20 which do not have an agricultural production activity, overtime worked beyond the contractual quota fixed in accordance with the terms provided for in second paragraph of Article L. 713-11 when there is, or, failing that, the quota set by the decree provided for in the first paragraph of Article L. 713-11, entitle the holder to compulsory compensatory rest, the duration is equal to 50% of these overtime hours, for companies with 20 employees at most, and 100% for companies with more than 20 employees. ”

V. – In article L. 713-14:

1 ° After the words:” does not exceed “, the end of the first sentence is worded as follows:” a ceiling of 1,600 hours “;

2 ° The second sentence is worded as follows:

“The convention or agreement may set a lower ceiling. ”

VI. – In the third paragraph of Article L. 713-15:

1 ° The words: “the average annual duration calculated on the basis of the legal duration, according to the rule defined in the first paragraph and, in any event, of” are deleted;

2 ° The paragraph is completed by the words: “or a lower ceiling fixed by the convention or the agreement”.

VII. – In the first paragraph of Article L. 713-18, the words: “in the first paragraph of I of Article L. 713-6,” are deleted.

Article 8


In the establishments mentioned in Article L. 314-6 of the Social Action and Families Code, including collective agreements for the reduction of working time or unilateral decisions taken in application of national collective agreements or national collective agreements are subject to the ministerial approval procedure, the differential salary supplement provided for by a collective agreement in order to guarantee employees the guarantee of maintaining their monthly remuneration in force on the date of the collective reduction of working time to thirty -five hours or less, is only due from the date of entry into force of company or establishment agreements or unilateral decisions relating to the collective reduction of working time. This entry into force is subject to ministerial approval provided for in the same article.

These provisions apply subject to court decisions having the force of res judicata. They do not apply to proceedings in progress on September 18, 2002.

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