NATIONAL COLLECTIVE NEGOTIATION COMMISSION
LexInter | February 9, 2017 | 0 Comments

NATIONAL COLLECTIVE NEGOTIATION COMMISSION

LABOR CODE
(Legislative Part)
 

Chapter VI: National Collective Bargaining Commission

Article L136-1

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) 
(Decree nº 75-493 of June 11, 1975 Official Journal of June 20, 1975)
(Law n ° 82-957 of November 13, 1982 art. 1, art. 5, art. 9 Official Journal of November 14, 1982) 
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

The national collective bargaining commission comprises:
– the minister in charge of labor or his representative, president;
– the minister responsible for agriculture or his representative;
– the minister responsible for the economy or his representative;
– the president of the social section of the Council of State;
– in equal numbers, representatives of the most representative trade union organizations at national level, on the one hand, and representatives of the most representative employers’ organizations at national level, including representatives of farmers and artisans, and state-owned enterprises, on the other hand.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008. 

Article L136-2

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)
(Law n ° 82-957 of November 13, 1982 art. 1, art. 5, art. 9 Official Journal of November 14, 1982)
(Law n ° 83-635 of July 13, 1983 art. 4 Official Journal of July 14, 1983)
(Law n ° 2001-1066 of November 16, 2001 art. 4 II Official Journal of November 17, 2001) 
(Law n ° 2003-775 of August 21, 2003 art. 5 VIII Official Journal of August 22, 2003)
(Law n ° 2005-102 of February 11, 2005 art. 25 V Official Journal of February 12, 2005) 
(Law n ° 2007-130 of January 31, 2007 art. 2 I Official Journal of February 1, 2007)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

The national collective bargaining commission is responsible for:
1 ° making, to the minister in charge of labor, all proposals likely to facilitate the development of collective bargaining, in particular with a view to harmonizing the conventional definitions of the branches;
2 ° To issue an opinion on draft laws, ordinances and decrees relating to general rules relating to individual and collective labor relations, in particular those concerning collective bargaining;
3 ° To give a reasoned opinion to the minister in charge of labor on the extension and enlargement of collective agreements and agreements as well as on the repeal of extension or enlargement orders;

4 ° To give, at the request of at least half of the members of the competent interpretation committee beforehand, an opinion on the interpretation of clauses of a convention or a collective agreement;
5 ° To give a reasoned opinion to the Minister in charge of labor on the fixing of the minimum growth wage under the conditions provided for by Articles L. 141-4 and L. 141-7;
6 ° To follow the evolution of actual wages and minimum wages determined by collective agreements and agreements as well as the evolution of wages in public enterprises;

7 ° To examine the annual report of collective bargaining;
8 ° To monitor annually the application in collective agreements of the principle of equal pay for equal work, of the principle of professional equality between men and women and of the principle of equal treatment between employees regardless of membership of a ethnicity, nation or race, as well as measures taken in favor of the right to work of people with disabilities, to note any inequalities that may persist and to analyze their causes; the national commission has the capacity to make to the minister in charge of labor any proposal to promote in fact and in texts these principles of equality;
9 ° To monitor annually the evolution of the activity rate of people over fifty years old in order to make to the Minister in charge of labor any proposal likely to promote their retention or their return to employment.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008. 

Article L136-3

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)
(Law n ° 82-957 of November 13, 1982 art. 1, art. 5, art. 9 Official Journal of November 14, 1982)
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

The missions devolved to the national collective bargaining committee can be carried out by two sub-committees set up within it:
– the conventions and agreements sub-committee, with regard to 1º, 2º, 3º and 4º of article previous. When the questions dealt with concern only agricultural professions, the sub-committee meets for specific training;
– the wages subcommittee with regard, on the one hand, to 6 ° of the previous article and 8 ° of the same article for the salary part, on the other hand, the opinion provided for in article L. 141-7.

A representative of family interests attends the work of the wages subcommittee as an expert.

The national collective bargaining commission is assisted by a general secretariat.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.
 

Article L136-4

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973)
(Decree nº 75-493 of June 11, 1975 Official Journal of June 20, 1975) 
(Law n ° 82-957 of November 13, 1982 art. 1, art. 5, art. 9 Official Journal of November 14, 1982) 
(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

The national collective bargaining committee and its sub-committees may set up working groups within them to study specific questions and possibly call on qualified experts.
NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008

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