ARRANGEMENT OF THE RULES FOR COUNTING THE WORKFORCE OF COMPANIES

The President of the Republic,

On the report of the Prime Minister and the Minister of employment, social cohesion and housing,

Having regard to the Constitution, in particular its article 38;

Having regard to the general code of local authorities, in particular its articles L. 2333-64 and L. 2531-2;

Having regard to the construction and housing code, in particular its article L. 313-1;

Having regard to the social security code, in particular its article L. 834-1;

Having regard to the labor code;

Having regard to the labor code applicable to Mayotte, in particular its article L. 620-8;

Considering the law n ° 2005-846 of July 26th, 2005 empowering the Government to take, by ordinance, emergency measures for employment, in particular the 5 ° and 10 ° of its article 1;

The Council of State heard; Having

heard the Council of Ministers,

Orders:

Article 1

Article L. 620-10 of the Labor Code is supplemented by a paragraph worded as follows:

“An employee hired on or after June 22, 2005 and under the age of twenty-six is ​​not taken into account, until until he has reached the age of twenty-six, in the calculation of the number of personnel of the company to which he belongs, whatever the nature of the contract between him and the company. This provision may not result in the abolition of an institution representing the staff or of a mandate of a staff representative. The provisions of this paragraph are applicable until December 31, 2007. ”

Article 2

I. – A paragraph worded as follows is inserted after the third paragraph of article L. 2333-64 of the general code of local authorities:

“The provisions of the fifth paragraph of article L. 620-10 of the code of work apply to the calculation of the workforce mentioned in this article. ”

II. – A paragraph written as follows is inserted after the first paragraph of article L. 2531-2 of the general code of local authorities:

“The provisions of the fifth paragraph of article L. 620-10 of the labor code apply to the calculation of the workforce mentioned in this article. ”

Article 3

The last paragraph of Article L. 834-1 of the Social Security Code is supplemented by a sentence worded as follows:

“The provisions of the fifth paragraph of Article L. 620-10 of the Labor Code apply to the calculation of the workforce mentioned in this article. ”

Article 4

It is inserted, after the seventh paragraph of Article L. 313-1 of the Construction and Housing Code, a paragraph worded as follows:

“The provisions of the fifth paragraph of Article L. 620-10 of labor code apply to the calculation of the workforce mentioned in this article. ”

Article 5

Article L. 620-8 of the labor code applicable to Mayotte is supplemented by a paragraph worded as follows:

“An employee hired as of June 22, 2005 and under the age of twenty-six is ​​not taken into account, until he has reached the age of twenty-six, in the calculation of the number of personnel of the company to which he belongs, whatever the nature of the contract between him and the company. This provision may not result in the abolition of an institution representing the staff or of a mandate of a staff representative. The provisions of this paragraph are applicable until December 31, 2007. ”

Article 6

The provisions of this ordinance cease to have effect on December 31, 2007. They will be subject to an assessment on that date.

Article 7

The Prime Minister, the Minister for Employment, Social Cohesion and Housing, the Minister for Overseas Territories and the Minister for Employment, Work and Professional Integration of Young People are each responsible. as far as he is concerned, the application of this ordinance, which will be published in the Official Journal of the French Republic.

Done in Paris, August 2, 2005.

Jacques Chirac

By the President of the Republic:

The Prime Minister,

Dominique de Villepin

The Minister for Employment, Social Cohesion

and Housing,

Jean-Louis Borloo

The Minister for Overseas Territories,

François Baroin

The Minister for Employment, Labor

and professional integration of young people,

Gérard Larcher