Law Of August 20, 2008 On The Renovation Of Social Democracy And Reform Of Working Time
LexInter | October 15, 2008 | 0 Comments

Law Of August 20, 2008 On The Renovation Of Social Democracy And Reform Of Working Time

LAW n ° 2008-789 of August 20, 2008 on the renovation of social democracy and the reform of working time (1)
The National Assembly and the Senate adopted,

Considering the decision of the Constitutional Council n ° 2008-568 DC of August 7, 2008;

The President of the Republic promulgates the law, the content of which follows:
TITLE I: SOCIAL DEMOCRACY

CHAPTER I: TRADE UNION REPRESENTATIVITY

Article 1

Article L. 2121-1 of the labor code reads as follows:
“Art.L. 2121-1.-The representativeness of trade unions is determined according to the following cumulative criteria:
“1 ° Respect for republican values;
“2 ° Independence;
“3 ° Financial transparency;
“4 ° A minimum seniority of two years in the professional and geographical field covering the level of negotiation. This seniority is assessed from the date of legal deposit of the articles of association;
“5 ° The audience established according to the levels of negotiation in accordance with Articles L. 2122-1, L. 2122-5, L. 2122-6 and L. 2122-9;
“6 ° Influence, primarily characterized by activity and experience;
“7 ° The number of members and contributions. ”

Article 2

I. – Chapter II of Title II of Book I of Part Two of the Labor Code reads as follows:

“Chapter II

“Representative unions

“Section 1

“Union representativeness
at company and establishment level

“Art.L. 2122-1.-In the company or establishment, the trade unions which meet the criteria of article L. 2121-1 and which received at least 10% of the votes cast in the first round of the last elections of the members of the works council or of the single staff delegation or, failing that, staff representatives, regardless of the number of voters.
“Art.L. 2122-2.-In the company or the establishment, are representative with regard to the personnel of the electoral colleges in which their statutory rules give them the vocation to present candidates the categorical trade union organizations affiliated to a national inter-professional trade union confederation who meet the criteria of article L. 2121-1 and who received at least 10% of the votes cast in the first round of the last elections of the incumbents to the committee of
“Art.L. 2122-3.-When a common list has been drawn up by trade unions, the distribution of the votes cast between them is made on the basis indicated by the trade unions concerned when submitting their list. the distribution of votes is done equally among the organizations concerned.

“Section 2

“Union representativeness at group level

“Art.L. 2122-4.-The representativeness of trade unions at the level of all or part of the group is assessed in accordance with the rules defined in Articles L. 2122-1 to L. 2122-3 relating to union representativeness at company level, by addition of all the votes obtained in the companies or establishments concerned.

“Section 3

“Trade union representativeness
at the level of the professional branch

“Art.L. 2122-5.-In the professional branches, the trade unions are representative which:
“1 ° Meet the criteria of article L. 2121-1;
“2 ° Have a balanced territorial establishment within the branch;
“3 ° Have received at least 8% of the votes cast in the first round of the last elections of the incumbents to the works councils or the single staff delegation or, failing that, staff representatives, regardless of the number of voters, added at the branch level. Audience measurement is carried out every four years.
“Art.L. 2122-6.-In branches in which more than half of the employees are employed in companies where, because of their size, professional elections are not organized to measure the audience of trade unions, and until the intervention of a law following the results of a national interprofessional negotiation, ending at the latest on June 30, 2009, on the means of reinforcing the effectiveness of the collective representation of the personnel in the small companies and of measure the
“Trade unions which meet the criteria mentioned in article L. 2121-1 other than that of the hearing are also considered as representative during this period.
“Art.L. 2122-7.-Are representative at the level of the branch with regard to the personnel of the electoral colleges in which their statutory rules give them the vocation to present candidates the categorical trade union organizations which are affiliated to a national inter-professional categorical trade union confederation and which meet the conditions of article L. 2122-5 in these colleges or the conditions of article L. 2122-6.
“Art.L. 2122-8.-When the representativeness of the trade union organizations is established, they determine, in conjunction with the employers’ organizations, the list of subjects which are the subject of collective bargaining for the sector as well as the methods of its organization. .

“Section 4

“Trade union representativeness
at national and inter-professional level

“Art.L. 2122-9.-Trade unions are representative at national and inter-professional level which:
“1 ° Meet the criteria of article L. 2121-1;
“2 ° Are representative both in branches of industry, construction, commerce and services;
“3 ° Have received at least 8% of the votes cast in the first round of the last elections of the incumbents to the works councils or the single staff delegation or, failing that, staff representatives, regardless of the number of voters, added at the branch level. The results of the audience measurement provided for in article L. 2122-6 are also taken into account, if they are available. Audience measurement is carried out every four years.
“Art.L. 2122-10.-A national inter-professional categorical trade union confederation is representative with regard to the personnel coming from the electoral colleges in which its statutory rules give it vocation to present candidates on condition:
“1 ° To meet the criteria of article L . 2121-1 and 2 ° of article L. 2122-9;
“2 ° To have received at least 8% of the votes cast within these colleges, after adding the results mentioned in 3 ° of article L. 2122-9.

“Section 5

“Implementing provisions

“Art.L. 2122-11.-After consulting the High Council for Social Dialogue, the Minister responsible for labor draws up the list of trade union organizations recognized as representative by professional branch and of trade union organizations recognized as representative at national and inter-professional level in application of Articles L. 2122-5 to L. 2122-10.
“The High Council for Social Dialogue comprises representatives of representative organizations of employers at the national level and of national and inter-professional trade union organizations, representatives of the Minister in charge of labor and qualified individuals.
“A decree in the Council of State determines its organizational and operating methods.
“Art.L. 2122-12.-A decree determines the methods of collecting and consolidating the results of professional elections for the application of this chapter. ”
II. – Chapter I of Title I of Book I of Part Seven of the same code is supplemented by the following provisions:

“Section 4

“Professional representation

“Art.L. 7111-7.-In the companies mentioned in Articles L. 7111-3 and L. 7111-5, when a specific electoral college is created for professional journalists and the like, is representative with regard to the staff coming under this college the trade union organization which meets the criteria of Article L. 2121-1 and which received at least 10% of the votes cast in the first round of the last elections of the incumbents to the works council or the single staff delegation or, failing that, staff representatives in this college.
“Art.L. 7111-8.-In the branches that cover the activities of press companies, daily or periodical publications and press agencies, as well as the activities of companies of communication to the public by electronic means or audiovisual communication, are representative with regard to the staff mentioned in article L. 7111-1 trade unions which meet the conditions of article L. 2122-5 in the electoral colleges of journalists, or the conditions of article L. 2122-6. ”

CHAPTER II: PROFESSIONAL ELECTIONS

Article 3

I. – The first paragraph of Article L. 2314-3 of the Labor Code is replaced by two paragraphs thus worded:
“Are informed, by posting, of the organization of the elections and invited to negotiate the pre-electoral memorandum of understanding and to draw up the lists of their candidates for the functions of staff representatives, the trade unions which meet the criteria of respect of the republican values ​​and independence, legally constituted for at least two years and whose professional and geographical scope covers the company or establishment concerned.
“Trade unions recognized as representative in the company or establishment, those having set up a trade union section in the company or establishment, as well as unions affiliated to a representative trade union organization at national and inter-professional level are also invited to do so by mail. ”
II. – The first paragraph of article L. 2324-4 of the same code is replaced by two paragraphs thus worded:
“Are informed, by posting, of the organization of the elections and invited to negotiate the pre-electoral memorandum of understanding and to draw up the lists of their candidates for the functions of staff representatives on the works council, the trade unions which satisfy the criteria of respect for republican values ​​and independence, legally constituted for at least two years and whose professional and geographical scope covers the company or establishment concerned.
“Trade unions recognized as representative in the company or establishment, those having set up a trade union section in the company or establishment, as well as unions affiliated to a representative trade union organization at national and inter-professional level are also invited to do so by mail. ”
III. – The second paragraph of article L. 2314-24 of the same code reads as follows:
“In the first ballot, each list is drawn up by the trade unions mentioned in the first and second paragraphs of article L. 2314-3. If the number of voters is less than half of the registered voters, a second ballot is held within fifteen days, for which voters can vote for lists other than those presented by a trade union organization. ”
IV. – In the first sentence of the last paragraph of article L. 2314-24 of the same code, the word: “validly” is deleted.
V. – The second paragraph of article L. 2324-22 of the same code reads as follows:
“In the first ballot, each list is drawn up by the trade unions mentioned in the first and second paragraphs of article L. 2324 -4. If the number of voters is less than half of the registered voters, a second ballot is held within fifteen days, for which voters can vote for lists other than those presented by a trade union organization. ”
VI. – In the first sentence of the last paragraph of article L. 2324-22 of the same code, the word: “validly” is deleted.
VII. – In the first sentence of 2 ° of article L. 1111-2 of the same code, the words: “, including” are replaced by the words: “who are present in the premises of the user company and work there for at least a year, as well as ”.
VIII. – After article L. 2314-18 of the same code, an article L. 2314-18-1 is inserted as follows:
“Art.L. 2314-18-1.-For seconded employees who meet the conditions mentioned in 2 ° of article L. 1111-2, the condition of presence in the user company is twelve continuous months to be an elector and twenty-four continuous months to be eligible.
“The seconded employees who meet the conditions mentioned in the first paragraph choose whether they exercise their right to vote and to be a candidate in the company which employs them or the user company. ”
IX. – After article L. 2324-17 of the same code, an article L. 2324-17-1 is inserted as follows:
“Art.L. 2324-17-1.-For seconded employees who meet the conditions mentioned in 2 ° of article L. 1111-2, the condition of presence in the user company is twelve continuous months to be a voter. The seconded employees are not eligible in the user company.
“The seconded employees who meet the conditions mentioned in the first paragraph choose whether they exercise their right to vote in the company which employs them or the user company. ”

Article 4

I. – After article L. 2314-3 of the labor code, an article L. 2314-3-1 is inserted as follows:
“Art.L. 2314-3-1.-The validity of the pre-electoral memorandum of understanding concluded between the employer and the trade unions concerned is subject to its signature by the majority of the trade unions which participated in its negotiation, including the representative trade unions having obtained the majority of the votes cast in the last professional elections or, when these results are not available, the majority of representative organizations in the company. ”
II. – After article L. 2324-4 of the same code, an article L. 2324-4-1 is inserted as follows:
“Art.L. 2324-4-1.-The validity of the pre-electoral memorandum of understanding concluded between the employer and the trade unions concerned is subject to its signature by the majority of the trade unions which participated in its negotiation, including the representative trade unions having obtained the majority of the votes cast in the last professional elections or, when these results are not available, the majority of representative organizations in the company. ”
III. – The second paragraph of article L. 2312-5 of the same code is supplemented by the words: “, concluded under the conditions of article L. 2314-3-1”.
IV. – In article L. 2314-8 of the same code, the word: “representative” is deleted.
V. – After the word: “trade unions”, the end of the first paragraph of article L. 2314-11 of the same code reads as follows: “, concluded under the conditions of article L. 2314-3-1. ”
VI. – Article L. 2314-31 of the same code is amended as follows:
1 ° In the first paragraph, after the word: “interested”, the words: “concluded in accordance with the conditions of article L. 2314-3-1” are inserted;
2 ° In the second paragraph, the words: “representative in the company” are replaced by the words: “interested parties, concluded in accordance with the conditions of article L. 2314-3-1”.
VII. – Article L. 2322-5 of the same code is thus amended:
1 ° In the first paragraph, after the word: “interested”, are inserted the words: “concluded under the conditions of article L. 2324-4 -1 “;
2 ° In the second paragraph, the words: “representative in the company” are replaced by the words: “interested parties, concluded in accordance with the conditions of article L. 2324-4-1,”.
VIII. – After the word: “trade unions”, the end of the last paragraph of article L. 2324-1 of the same code reads as follows: “interested parties, concluded under the conditions of article L. 2324-4-1. ”
IX. – In the first paragraph of article L. 2324-11 of the same code, the word: “representative” is deleted.
X. – The first paragraph of article L. 2324-13 of the same code is supplemented by the words: “, concluded under the conditions of article L. 2324-4-1”.
XI. – In the first sentence of the first paragraph of article L. 2324-21 of the same code, the word: “representative” is replaced by the word: “interested”.
XII. – After the word: “trade unions”, the end of the first paragraph of article L. 2327-7 of the same code reads as follows: “interested parties, concluded under the conditions of article L. 2324-4-1. ”

CHAPTER III: DESIGNATION OF THE TRADE UNION DELEGATE

Article 5

I. – The first paragraph of Article L. 2143-3 of the Labor Code is replaced by two paragraphs thus worded:
“Each representative trade union organization in the company or establishment with fifty or more employees, which constitutes a trade union section, appoints from among the candidates for professional elections who received at least 10% of the votes cast in the first round of the last elections to the committee. company or the single delegation of staff or staff representatives, regardless of the number of voters, within the limits set in article L. 2143-12, one or more union representatives to represent it before the employer.
“If no candidate for professional elections remains in the company or establishment who meets the conditions mentioned in the first paragraph, a representative trade union organization may appoint a trade union representative from among the other candidates or, failing that, from among its members within the company or establishment. ”
II. – In the first paragraph of Articles L. 2143-4 and L. 2143-5 of the same code, after the words: “representative union”, the words: “in the company” are inserted.
III. – The second paragraph of article L. 2143-4 of the same code reads as follows:
“This additional delegate is appointed from among the candidates for professional elections who received at least 10% of the votes cast in the first round of the last elections to the committee. company or staff representatives, regardless of the number of voters. ”
IV. – After the first paragraph of Article L. 2143-5 of the same code, a paragraph worded as follows is inserted:
“This central union representative is appointed by a union which received at least 10% of the votes cast in the first round of the last elections of the incumbents to the works council or of the single staff delegation or, failing that, of the staff representatives, whatever the number of voters, by adding the votes of all the establishments included in these companies. ”
V. – In the first paragraph of article L. 2143-6 of the same code, after the words: “representative unions”, the words: “in the establishment” are inserted.
VI. – Before the first paragraph of article L. 2143-11 of the same code, a paragraph worded as follows is inserted:
“The mandate of union delegate ends when all the conditions provided for in the first paragraph of article L. 2143-3 and Article L. 2143-6 cease to be met. ”
VII. – In the first sentence of article L. 2324-2 of the same code, the words: “each trade union organization of workers representative in the company may appoint a representative on the committee” are replaced by the words: “each trade union organization having members of the works council can appoint a representative ”.

CHAPTER IV: THE REPRESENTATIVE OF THE UNION SECTION

Article 6

I. – Chapter II of Title IV of Book I of Part Two of the Labor Code is amended as follows:

1 ° Article L. 2142-1 is worded as follows:
“Art.L. 2142-1.-As soon as they have several members in the company or in the establishment, each trade union which is representative there, each trade union affiliated to a representative trade union organization at national and inter-professional level or each trade union organization which satisfies the criteria of respect for republican values ​​and independence and has been legally constituted for at least two years and whose professional and geographical scope covers the company concerned may constitute within the company or the establishment of a trade union section which ensures the representation of the material and moral interests of its members in accordance with article L. 2131-1. “;
2 ° Sections 2, 3, 4 and 5 become respectively sections 3, 4, 5 and 6;
3 ° After section 1, a section 2 is re-established as follows:

“Section 2

“Representative of the union section

“Art.L. 2142-1-1.-Each trade union which constitutes, in accordance with Article L. 2142-1, a trade union section within the company or establishment with fifty or more employees may, if it is not not representative in the company or establishment, appoint a representative of the section to represent it within the company or establishment.
“The representative of the trade union section exercises his functions within the framework of the provisions of this chapter. He enjoys the same prerogatives as the union delegate, with the exception of the power to negotiate collective agreements.
“The mandate of the representative of the union section ends, at the end of the first professional elections following his designation, when the union which appointed him is not recognized as representative in the company. The employee who thus loses his mandate as union representative cannot be appointed again as union representative for a section until six months preceding the date of the following professional elections in the company.
“Art.L. 2142-1-2.-The provisions of articles L. 2143-1 and L. 2143-2 relating to the conditions of appointment of the union representative, those of articles L. 2143-7 to L. 2143-10 and the second and third paragraphs of Article L. 2143-11 relating to the publicity, dispute, exercise and termination of his mandate and those of Book IV of this part relating to the protection of union delegates are applicable to the representative of the union section.
“Art.L. 2142-1-3.-Each representative of the union section has the time necessary for the performance of his duties. This time is at least equal to four hours per month. Delegation hours are automatically considered as working time and paid at the normal due date.
“The employer who intends to contest the use made of the hours of delegation seizes the judicial judge.
“Art.L. 2142-1-4.-In companies which employ less than fifty employees, unions not representative in the company which constitute a union section may appoint, for the duration of his mandate, a staff representative as representative of the union section. . By agreement, this representative’s mandate may give rise to a credit for hours. The time available to the staff representative for the exercise of his mandate may be used under the same conditions for the exercise of his functions as representative of the trade union section. “;
4 ° The second paragraph of Article L. 2142-8 reads as follows:
“In companies or establishments with a thousand employees or more, the employer also makes available to each union section formed by a representative union organization in the company or establishment a suitable room, fitted out and equipped with the necessary equipment for its operation. ”
II. – Chapter III of title IV of book I of the second part of the same code is supplemented by a section 5 worded as follows:

“Section 5

“Conditions for non-conforming designation

“Art.L. 2143-23.-Notwithstanding article L. 2142-1-1 and when due to a failure in the first round of professional elections, a union representative could not be appointed within the company or of the establishment or when there is no union representative in the company or establishment, the representative of the union section referred to in Articles L. 2142-1-1 and L. 2142-1-4 appointed by a trade union organization of employees affiliated to a representative trade union organization at national and inter-professional level may have,
“If, at the end of the professional elections following the mandate of the representative of the union section, the union organization to which he is a member is not recognized as representative and appoints another representative of the union section, he cannot not be elected until six months preceding the dates of the professional elections in the company. ”
III. – The II is not applicable in companies which fall within the scope of Articles L. 2232-21 to L. 2232-29 of the Labor Code and of Article 14 of this law, nor in companies which enter in the field of branch agreements or professional agreements concluded in application of Articles L. 2232-21 to L. 2232-29 of the Labor Code in their wording prior to the publication of this law.

Article 7

I. – Article L. 2141-5 of the Labor Code is supplemented by a paragraph worded as follows:
“An agreement determines the measures to be implemented to reconcile professional life with union career and to take account of experience. acquired, within the framework of the exercise of mandates, by the personnel representatives appointed or elected in their professional development. ”
II. – After article L. 2242-19 of the same code, an article L. 2242-20 is inserted as follows:
“Art.L. 2242-20.-In companies with three hundred or more employees, as well as in companies mentioned in Articles L. 2331-1 and L. 2341-3 employing three hundred or more employees, the negotiation provided for in Article L. 2242-15 also relates to the career development of employees exercising union responsibilities and the exercise of their functions. ”
III. – The last paragraph of article L. 6111-1 of the same code is supplemented by the words: “or related to the exercise of union responsibilities”.

CHAPTER V: THE VALIDITY OF AGREEMENTS AND THE RULES OF COLLECTIVE BARGAINING

Article 8

I. – The second paragraph of Article L. 2231-1 of the Labor Code reads as follows:

“- on the one hand, one or more trade union organizations of representative employees within the scope of the agreement or the ‘okay; “.
II. – Article L. 2232-2 of the same code is worded as follows:
“Art.L. 2232-2.-The validity of an interprofessional agreement is subject to its signature by one or more trade union organizations of representative employees having collected, to the elections taken into account for the measurement of the audience provided for in 3 ° of article L . 2122-9, at least 30% of the votes cast in favor of organizations recognized as representative at this level, regardless of the number of voters, and to the absence of opposition from
“The results of the audience measurement provided for in article L. 2122-6 are also taken into account, when they are available.
“The opposition is expressed within fifteen days from the date of notification of this agreement, under the conditions provided for in article L. 2231-8. ”
III. – After article L. 2232-2 of the same code, an article L. 2232-2-1 is inserted as follows:
“Art.L. 2232-2-1.-The representativeness recognized to a categorical trade union organization affiliated to a categorical trade union confederation in respect of the employees that it is statutorily intended to represent confers on it the right to negotiate any provision applicable to this category of employees.
one or more trade union organizations of representative employees having received in this college the majority of the votes cast in favor of the same organizations in these same elections, regardless of the number of voters. ”
IV. – Article L. 2232-6 of the same code reads as follows:
“Art.L. 2232-6.-The validity of a branch agreement or a professional agreement is subject to its signature by one or more trade union organizations of representative employees having collected, in the elections taken into account for the measurement of the audience provided for in 3 ° of Article L. 2122-5 or, where applicable, as part of the audience measurement provided for in Article L. 2122-6, at least 30% of the votes cast in favor of organizations recognized as representative at this level, regardless of the number of voters, and the absence of
“The opposition is expressed within fifteen days from the date of notification of this agreement or convention, under the conditions provided for in article L. 2231-8. ”
V. – Article L. 2232-7 of the same code is worded as follows:
” Art.L. 2232-7.-The representativeness recognized by a categorical trade union organization affiliated to a categorical trade union confederation in respect of the employees that
organizations recognized as representative at this level, regardless of the number of voters, and to the absence of opposition from one or more representative employee unions having received in this college the majority of votes cast in favor of the same organizations at these same elections or, where appropriate, within the framework of the same audience measurement, regardless of the number of voters. ” one or more representative employee unions having received in this college the majority of votes cast in favor of the same organizations in these same elections or, where applicable, within the framework of the same audience measurement, regardless of the number of voters. ” one or more representative employee unions having received in this college the majority of votes cast in favor of the same organizations in these same elections or, where applicable, within the framework of the same audience measurement, regardless of the number of voters. ”
VI. – Article L. 2232-12 of the same code reads as follows:
“Art.L. 2232-12.-The validity of a company or establishment agreement is subject to its signature by one or more trade union organizations of representative employees having obtained at least 30% of the votes cast in the first round of the last elections of the incumbents in the works council or the single staff delegation or, failing that, staff representatives, regardless of the number of voters, and to the absence of opposition from
“The opposition is expressed within eight days from the date of notification of this agreement, under the conditions provided for in article L. 2231-8. ”
VII. – Articles L. 2232-13 to L. 2232-15 of the same code are replaced by articles L. 2232-13 and L. 2232-14 worded as follows:
“Art.L. 2232-13.-The representativeness recognized to a categorical trade union organization affiliated to a categorical trade union confederation in respect of the employees it is statutorily intended to represent confers on it the right to negotiate any provision applicable to this category of employees.
“When the agreement or agreement concerns only a specific professional category coming under an electoral college, its validity is subject to its signature by one or more trade union organizations of representative employees having obtained at least 30% of the votes cast in this agreement. college in the first round of the last elections of the incumbents to the works council or the single staff delegation or, failing that, staff representatives, regardless of the number of voters, and to the absence of opposition fromone or more trade union organizations of representative employees having obtained the majority of the votes cast in this college in these same elections, regardless of the number of voters.
“Art.L. 2232-14.-In the event of failure to take part in the first round of professional elections, when the provisions provided for in the first paragraph of article L. 2143-23 are applied, the validity of the negotiated company or establishment agreement and concluded with the representative of the trade union section is subject to its approval by the employees by a majority of the votes cast under conditions determined by decree and in compliance with the general principles of electoral law. In the absence of approval, the agreement is deemed unwritten. ”
VIII. – Article L. 2232-34 of the same code reads as follows:
“Art.L. 2232-34.-The validity of an agreement concluded within all or part of a group is subject to its signature by one or more trade union organizations of representative employees having collected in the companies included in the scope of this agreement at least 30% of the votes cast in the first round of the last elections of the incumbents of works councils or of the single staff delegation or, failing that, of staff representatives, regardless of the number of voters, and in the absence of any opposition of
“The opposition is expressed within eight days from the date of notification of this agreement, under the conditions provided for in article L. 2231-8. ”
IX. – Article L. 2261-10 of the same code is supplemented by a paragraph worded as follows:
“When one of the trade union organizations of employees who have signed the convention or agreement loses the quality of a representative organization within the scope of this convention or this agreement, the denunciation of this text has no effect. only if it emanates from one or more trade union organizations of employees representative in its field of application having obtained the majority of the votes cast under the conditions provided for in Chapter II of Title III. ”
X. – After article L. 2261-14 of the same code, an article L. 2261-14-1 is inserted as follows:
“Art.L. 2261-14-1.-The loss of the quality of a representative organization of all the trade unions signatories of a convention or a collective agreement does not involve the calling into question of this convention or this agreement. ”
XI. – In the last paragraph of article L. 2327-16 of the same code, the words: “not having been the object of an opposition under the conditions provided for in 2 ° of” are replaced by the words: ” concluded under the conditions provided for in ”.
XII. – Section 4 of Chapter I of Title I of Book I of Part Seven of the Labor Code, as it results from II of Article 2 of this Law, is supplemented by two Articles L. 7111-9 and L. 7111-10 worded as follows:
“Art.L. 7111-9.-In companies in which a specific electoral college is created for professional journalists and assimilated, when the convention or agreement concerns only journalists or assimilated, its validity is subject to its signature by one or more organizations trade unions of representative employees having received at least 30% of the votes cast in this specific college in the first round of the last elections of the incumbents to the works council or the single staff delegation, regardless of the number of voters,
“Art.L. 7111-10.-When the branch agreement or the agreement concerns only professional journalists and assimilated, its validity is subject to its signature by one or more trade union organizations of representative employees having collected, to the elections taken into account for the measurement the hearing provided for in 3 ° of Article L. 2122-5 or, where applicable, as part of the measurement of the audience provided for in Article L. 2122-6, at least 30% of the votes expressed in the college of journalists in favor of organizations recognized as representative at this level, regardless of the number of voters, and to the absence of opposition from one or more trade union organizations of representative employees having won the majority of the votes cast in this college in these elections or, the where appropriate, within the framework of the same audience measurement, regardless of the number of voters. ” one or more trade union organizations of representative employees having obtained the majority of the votes cast in this college in these elections or, where applicable, within the framework of the same audience measurement, regardless of the number of voters. ” one or more trade union organizations of representative employees having obtained the majority of the votes cast in this college in these elections or, as the case may be, within the framework of the same audience measurement, regardless of the number of voters. ”

Article 9

I. – Subsection 3 of section 3 of chapter II of title III of book II of part two of the labor code is worded as follows:

“Subsection 3

“Negotiation methods in companies
without a union representative

“Paragraph 1

“Conclusion by the representatives elected
to the works council or the staff representatives

“Art.L. 2232-21.-In companies with less than two hundred employees, in the absence of union representatives in the company or establishment, or of a staff representative appointed as union delegate in companies with less than fifty employees, elected staff representatives to the works council or to the single staff delegation or, failing that, the staff representatives can negotiate and conclude collective labor agreements on measures whose implementation is subject by law to an agreement collective, at the
“The representative trade unions in the branch to which the company belongs are informed by the employer of its decision to enter into negotiations.
“The branch joint committee decides on the validity of the agreement within four months of its transmission; otherwise, the agreement is deemed to have been validated.
“Art.L. 2232-22.-The validity of company or establishment agreements negotiated and concluded in accordance with Article L. 2232-21 is subject to their conclusion by full members elected to the works council or, failing that, staff representatives representing the majority of votes cast in the last professional elections and for approval by the branch joint committee. The branch joint committee checks that the collective agreement does not infringe the legislative provisions,
“If one of the two conditions is not met, the agreement is deemed unwritten.
“In the absence of different stipulations of a branch agreement, the branch joint committee comprises a full representative and a substitute representative of each representative employee union organization in the branch and an equal number of representatives of professional employers’ organizations.
“Art.L. 2232-23.-The time spent in negotiations provided for in article L. 2232-21 cannot be counted against the delegation hours provided for in articles L. 2315-1 and L. 2325-6. Each elected official called upon to participate in a negotiation in application of Article L. 2232-21 has the time necessary for the exercise of his functions within the limits of a period which, except in exceptional circumstances, cannot exceed ten hours per month. Delegation hours are automatically considered as working time and paid at the normal due date.

“Paragraph 2

“Conclusion by one or more authorized employees

“Art.L. 2232-24.- In companies without a union representative and when a deficiency report has established the absence of elected employee representatives, company or establishment agreements can be negotiated and concluded by one or more employees expressly mandated by one or more representative trade unions in the branch. These collective agreements relate to measures the implementation of which is subject by law to a collective agreement, with the exception of the collective agreements referred to in Article L. 1233-21.
“The representative trade unions in the branch to which the company belongs are informed by the employer of its decision to enter into negotiations.
“Art.L. 2232-25.-Each authorized employee has the time necessary for the performance of his duties within the limits of a period which, except in exceptional circumstances, may not exceed ten hours per month. The hours of delegation are automatically considered as working time and paid at the normal deadline. The employer who intends to contest the use made of the hours of delegation seizes the judicial judge.
“Art.L. 2232-26.-The employees who, because of the powers they hold, can be assimilated to the employer, as well as the employees related to the employer mentioned in the first paragraph of article L. 2324, cannot be appointed. -15.
“Art.L. 2232-27.-The agreement signed by an authorized employee must have been approved by the employees by a majority of the votes cast, under conditions determined by decree and in compliance with the general principles of electoral law.
“In the absence of approval, the agreement is deemed unwritten.

“Paragraph 3

“Conditions of negotiation, validity, revision and termination of agreements concluded in companies without a union representative
” Art.L. 2232-27-1.-Negotiations between the employer and elected officials or authorized company employees take place in accordance with the following rules:
“1 ° Independence of the negotiators vis-à-vis the employer;
“2 ° Joint preparation of the draft agreement by the negotiators;
“3 ° Consultation with the employees;
“4 ° Faculty of establishing ties with the trade union organizations representing the branch.
“In addition, the information to be given to elected officials or to authorized employees prior to negotiation is determined by agreement between them and the employer.
“Art.L. 2232-28.-Company or establishment agreements concluded according to the terms defined in paragraphs 1 and 2 can only come into effect after they have been filed with the administrative authority under the conditions provided for by regulation, accompanied by In addition, with regard to agreements concluded according to the terms defined in paragraph 1, the extract from the validation report of the national joint committee of the competent branch.
“Art.L. 2232-29.-Company or establishment agreements concluded according to the terms defined in paragraphs 1 and 2 may be renewed, revised or terminated according to the terms mentioned in these paragraphs respectively by the signatory employer, the elected representatives of the personnel or an employee appointed for this purpose. ”
II. – At the end of 2 ° of article L. 1142-5 of the same code, the references: “L. 2232-23 and L. 2232-25” are replaced by the references: “L. 2232-21 and L . 2232-24 ”.
III. – In 10 ° of article L. 2411-1, the first paragraph of article L. 2411-4, 10 ° of article L. 2412-1, article L. 2412-10, 10 ° of Article L. 2413-1 and the first sentence of 11 ° of Article L. 2414-1 of the same code, the reference: “L. 2232-25” is replaced by the reference: “L . 2232-24 ”.

CHAPTER VI: RESOURCES AND MEANS

Article 10

I. – Title III of Book I of Part Two of the Labor Code is thus amended:

1 ° Its title is worded as follows: “Legal status, resources and means”;
2 ° Chapter V becomes Chapter VI, and Articles L. 2135-1 and L. 2135-2 become respectively Articles L. 2136-1 and L. 2136-2;
3 ° A chapter V is restored as follows:

“Chapter V

“Resources and means

“Section 1

“Certification and publication of the accounts
of trade unions and professional organizations

“Art.L. 2135-1.-Professional unions and their unions mentioned in Articles L. 2131-2, L. 2133-1 and L. 2133-2 relating to the creation of professional unions and associations of employees or employers governed by the Law of July 1, 1901 relating to the association contract or, in the departments of Moselle, Bas-Rhin and Haut-Rhin, by local law are required to draw up annual accounts under conditions set by decree.
“Art.L. 2135-2.-Professional unions and their unions and associations of employees or employers mentioned in article L. 2135-1 which control one or more legal persons within the meaning of article L. 233-16 of the code of commerce , without having any membership or affiliation link with them, are required, under conditions determined by decree issued after consultation with the National Accounting Council:
“a) Either to draw up consolidated accounts;
“B) Or to provide, as an appendix to their own accounts, the accounts of these legal persons, as well as information on the nature of the control relationship. In this case, the accounts of these legal persons must have been the subject of a legal control.
“Art.L. 2135-3.-Professional unions of employees or employers, their unions and the associations of employees or employers mentioned in Article L. 2135-1 may, when their statutes so provide, establish combined accounts incorporating the accounting of legal persons and entities with which they have membership or affiliation links, under conditions determined by decree issued after consultation with the National Accounting Council.
“Art.L. 2135-4.-The accounts are drawn up by the body responsible for management and approved by the general meeting of members or by a collegial control body designated by the statutes.
“Art.L. 2135-5.-The professional unions of employees or employers, their unions and the associations of employees or employers mentioned in Article L. 2135-1 required to establish accounts ensure the publication of their accounts in conditions determined by decree issued after consultation with the National Accounting Council.
“The first paragraph is applicable to the trade union or association which combines the accounts of the organizations mentioned in article L. 2135-3. These organizations are then exempt from the publicity obligation.
“Art.L. 2135-6.-Professional or employer unions, their unions and the associations of employees or employers mentioned in Article L. 2135-1 whose resources exceed a threshold fixed by decree are required to appoint at least one auditor and a deputy.

“Section 2

“Provision of employees
to trade unions

“Art.L. 2135-7.-With his express consent and under the conditions provided for in article L. 2135-8, an employee may be made available to a trade union or an employers’ association mentioned in article L . 2231-1.
“During this secondment, the employer’s obligations towards the employee are maintained.
“The employee, at the end of his provision, returns to his previous job or a similar job with at least equivalent remuneration.
“Art.L. 2135-8.-A collective agreement or an extended branch collective agreement or a company agreement determines the conditions under which employees can be made available to trade unions or employers’ associations. ”
II. – After article L. 2242-9 of the same code, an article L. 2242-9-1 is inserted as follows:
“Art.L. 2242-9-1.-The annual negotiation gives rise to information by the employer on the secondments of employees to the trade unions or employers’ associations mentioned in article L. 2231-1.
“In companies that are not subject to the annual obligation to negotiate provided for in Article L. 2242-1, the employer provides employees who so request with information on the secondments of employees to organizations. trade unions or employers’ associations mentioned in article L. 2231-1. ”
III. – Article L. 8241-1 of the same code is supplemented by a 3 ° worded as follows:
“3 ° The provisions of articles L. 2135-7 and L. 2135-8 of this code relating to the secondment of employees to trade unions or employers’ associations mentioned in article L. 2231-1. ”

CHAPTER VII: MISCELLANEOUS AND TRANSITIONAL PROVISIONS

Article 11

I. – The first measurement of the audience at the level of professional branches and at national and inter-professional level, provided for in Articles L. 2122-5 and L. 2122-9 of the Labor Code in their wording resulting from this law, is carried out no later than five years after the publication of this law.
II. – Until the first determination of the trade unions of employees recognized as representative at the national and inter-professional level, as provided for in I of this article, the trade unions of employees presumed to be representative at the national and inter-professional level on the date publication of this law, as well as any trade union organization of employees whose representativeness is based on the criteria mentioned in Article L. 2121-1 of the Labor Code in its drafting prior to this law.
III. – Until the first determination of the trade union organizations of employees recognized as representative at the level of the professional branch, as provided for in I of this article, the trade unions affiliated to the trade union organizations of representative employees at the national and inter-professional level are presumed to be representative at this level. mentioned in II and the trade union organizations of employees already representative at branch level on the date of publication of this law.
For four years from the first determination of the trade unions of employees recognized as representative at branch level in application of Articles L. 2122-5 and L. 2122-6 of the Labor Code in their wording resulting from this law, any organization trade union affiliated to one of the trade union organizations of employees recognized as representative at national and inter-professional level is presumed to be representative at branch level.
IV. – Until the results of the first professional elections in the company or establishment, for which the date fixed for the first negotiation meeting of the pre-electoral memorandum of understanding is after the publication of this law, is presumed to be representative of at this level any union affiliated to one of the union organizations of employees presumed to be representative at national and inter-professional level on the date of publication of this law,
Any trade union formed from the grouping of several trade unions, at least one of which is affiliated to a trade union organization of employees representative at national and inter-professional level on the date of publication of this law, is also presumed to be representative under the same conditions.
V. – For its application to the public service, article L. 2121-1 of the labor code remains in force in its version prior to the entry into force of this law until the intervention of legislative provisions taking into account its specificity.

Article 12

I. – Until the representative organizations are determined in the branches and at the inter-professional level, in application of this law, the validity of an inter-professional agreement or of a sector agreement or professional agreement is subject to compliance with the conditions set. by Articles L. 2232-2, L. 2232-6 and L. 2232-7 of the Labor Code in their wording prior to this law, the votes in the elections mentioned in these articles being taken into account regardless of the number of voters.

II. – The rules of validity of company agreements provided for in article L. 2232-12 of the labor code in the version resulting from this law apply from January 1, 2009.
Until that date, the validity of a company agreement is subject to compliance with the conditions laid down by Articles L. 2232-12 to L. 2232-15 of the Labor Code in their wording prior to this law, the votes mentioned in these articles being taken into account counts regardless of the number of voters.

Article 13

The union representatives regularly appointed on the date of publication of this law retain their mandate and their prerogatives until the results of the first professional elections organized in the company or establishment, the date set for the negotiation of the pre-electoral protocol is after the publication of this law. After the elections, these union representatives retain their mandates and their prerogatives provided that all the conditions provided for in Articles L. 2143-3 and L.in their wording resulting from this law are met.

Until the results of the first professional elections organized in companies or establishments for which the date fixed for the negotiation of the pre-electoral protocol is after the publication of this law, each representative union in the company or establishment on the date of this publication may designate one or more union representatives to represent him to the employer, in accordance with the Articles L. 2143-3 and L. 2143-6 of the Labor Code in their wording prior to said publication.

Article 14

Articles L. 2232-21 to L. 2232-29 of the Labor Code remain applicable in their wording prior to the publication of this law until December 31, 2009.

Negotiations between the employer and elected officials or employees of the mandated company operates in accordance with the following rules:
1 ° Independence of the negotiators vis-à-vis the employer;
2 ° Joint preparation of the draft agreement by the negotiators;
3 ° Consultation with the employees;
4 ° Faculty of establishing ties with the trade union organizations representing the branch.
In addition, the information to be given to elected officials or to authorized employees prior to negotiation is determined by agreement between them and the employer.
Article 9 of this law applies from December 31, 2009 for all companies without a union representative who do not fall under a branch agreement or professional agreement.
The branch agreements or professional agreements concluded in application of Articles L. 2232-21 to L. 2232-29 of the Labor Code in their version prior to the publication of this law continue to have effect for all the companies included in their field, regardless of their size.

Article 15

The obligations set out in Articles L. 2135-1 to L. 2135-3 of the Labor Code apply from the 2009 financial year.
The obligation referred to in Article L. 2135-4 of the same code is applies from the 2010 financial year at the confederal and federal levels of trade unions and professional organizations referred to in Article L. 2135-1 of the same code.
The obligation referred to in article L. 2135-4 of the same code applies from the 2011 financial year at the regional and departmental levels of trade unions and professional organizations referred to in article L. 2135-1 of the same code. .
The obligation referred to in article L. 2135-4 of the same code applies from the 2012 financial year to all levels of trade unions and professional organizations referred to in article L. 2135-1 of the same code.

Article 16

I. – Before December 31, 2013, the Government presents to Parliament, after a reasoned opinion from the National Collective Bargaining Commission, a report on the application of Articles L. 2122-1 and L. 2122-2, of 3 ° of article L. 2122-5, articles L. 2122-6, L. 2122-7, 3 ° of article L. 2122-9 and articles L. 2122-10 and L. 2232-2 to L. 2232-13 of the Labor Code.

II. – The High Council for Social Dialogue provided for in Article L. 2122-11 of the Labor Code submits to the Minister responsible for Labor the lessons to be drawn from the application of this law, as well as the lessons to be drawn from the report mentioned in I of this article, in particular the application of articles L. 2122-2, L. 2122-5 to L. 2122-10 and L. 2232-2 to L. 2232-13 of the same code.

Article 17

Article L. 3142-8 of the Labor Code is supplemented by a paragraph worded as follows:
“This remuneration is paid at the end of the month during which the training session took place. ”

TITLE II: WORKING TIME

Article 18

I. – Article L. 3121-11 of the labor code is replaced by articles L. 3121-11 and L. 3121-11-1 as follows:

“Art.L. 3121-11.-Overtime may be performed within the limit of an annual quota defined by a collective agreement or company or establishment agreement or, failing that, by a convention or branch agreement.
the increase in overtime being set in accordance with the terms set out in Article L. 3121-22. This convention or collective agreement may also provide that compensation for rest is granted for overtime worked within the limit of the quota.
“In the absence of a collective agreement, a decree determines this annual quota and [Provisions declared non-compliant with the Constitution by the decision of the Constitutional Council n ° 2008-568 DC of August 7, 2008] the characteristics and conditions of taking of the counterpart compulsory rest for any overtime worked beyond the annual quota.
“In the absence of determination of the annual quota of overtime by agreement, the methods of its use and its possible exceeding give rise at least once a year to a consultation of the works council or the staff representatives, if there are.
“Art.L. 3121-11-1.-Overtime is worked, within the limit of the annual quota applicable in the company, after informing the works council or, failing that, the staff representatives, if any.
“Overtime is worked, beyond the annual quota applicable in the company, after consulting the works council or, failing that, the staff representatives, if any. ”
II. – Articles L. 3121-12 to L. 3121-14, L. 3121-17 to L. 3121-19 and paragraph 3 of subsection 3 of section 2 of chapter I of title II of book I of the third part of the same code are repealed.
III. – The first two paragraphs of article L. 3121-24 of the same code are worded as follows:
“A collective agreement or agreement of a company or establishment or, failing that, a convention or a branch agreement may provide for the replacement of all or part of the payment of overtime, as well as the increases provided for in Article L . 3121-22, by equivalent compensatory rest.
“In companies without a union representative not subject to the annual obligation to negotiate provided for in Article L. 2242-1, this replacement may be set up by the employer provided that the works council or the delegates staff, if they exist, do not oppose it. ”
IV. – [Provisions declared non-compliant with the Constitution by the decision of the Constitutional Council n ° 2008-568 DC of August 7, 2008] Compulsory rest due for any overtime worked beyond the quota provided for in both last paragraphs of Article L. 3121-11 of the Labor Code in the wording resulting from this law is set at 50% for companies with twenty employees at most and at 100% for companies with more than twenty employees. This last provision, which also concerns agricultural professions, only applies to the agricultural professions referred to in 6 ° to 6 ° quater of Article L. 722-20 of the Rural Code which do not have a production activity. agricultural. The chosen hours worked in application of an agreement concluded on the basis of article L. in its drafting prior to this law do not give rise to the right to the compulsory compensation at rest.
V. – In the fifth paragraph of article L. 713-13 of the rural code, the words: “in article L. 713-10” are replaced by the words: “in 1 ° to 4 ° of the article L. 722-1, in 2 ° and 3 ° of article L. 722-20 and in 6 ° of this same article for only companies which have an agricultural production activity ”.

Article 19

I. – Section 4 of Chapter I of Title II of Book I of Part Three of the Labor Code is worded as follows:

“Section 4

“Package agreements

“Subsection 1

“Establishment of fixed-price agreements

“Art.L. 3121-38.-The working time of any employee may be fixed by an individual flat-rate agreement in hours over the week or over the month.
“Art.L. 3121-39.-The conclusion of individual fixed-price agreements, in hours or days, over the year is provided for by a collective company or establishment agreement or, failing that, by an agreement or a branch agreement. This prior collective agreement determines the categories of employees likely to conclude an individual fixed-price agreement, as well as the annual working time from which the fixed-price is established, and sets the main characteristics of these agreements.
“Art.L. 3121-40.-The conclusion of an individual fixed-price agreement requires the agreement of the employee. The agreement is established in writing.
“Art.L. 3121-41.-The remuneration of an employee who has concluded a fixed-rate agreement in hours is at least equal to the minimum remuneration applicable in the company for the number of hours corresponding to his fixed-price, increased by the surcharges for overtime provided for in Article L. 3121-22.

“Subsection 2

“Fixed price agreements over the year

“Paragraph 1

“Fixed-rate agreements in hours over the year

“Art.L. 3121-42.-The following can conclude a fixed-rate agreement in hours over the year, within the limit of the annual working time applicable to individual fixed-price agreements fixed by the collective agreement:
“1 ° Executives whose nature of duties does not lead them to follow the collective schedule applicable within the workshop, department or team to which they are integrated;
“2 ° Employees who have real autonomy in the organization of their schedule.

“Paragraph 2

“Fixed rate agreements in days over the year

“Art.L. 3121-43.-The following can conclude a fixed-rate agreement in days over the year, within the limit of the annual working time set by the collective agreement provided for in article L. 3121-39:
“1 ° Managers who have autonomy in the organization of their schedule and whose nature of functions does not lead them to follow the collective schedule applicable within the workshop, department or team to which they are integrated;
“2 ° Employees whose working time cannot be predetermined and who have real autonomy in the organization of their schedule for the exercise of the responsibilities entrusted to them.
“Art.L. 3121-44.-The number of days worked in the year fixed by the collective agreement provided for in article L. 3121-39 cannot exceed two hundred and eighteen days.
“Art.L. 3121-45.-An employee who so wishes may, in agreement with his employer, waive part of his rest days in return for an increase in his salary. The agreement between the employee and the employer is established by written. The number of days worked in the year may not exceed a maximum number set by the agreement provided for in article L. 3121-39. In the absence of agreement, this maximum number is two hundred and thirty-five days.
“The annual maximum number of days worked must be compatible with the provisions of Title III relating to daily rest, weekly rest and public holidays in the company, and of Title IV relating to paid leave.
“An amendment to the fixed-price agreement concluded between the employee and the employer determines the rate of the increase applicable to the remuneration for this additional working time, without it being able to be less than 10%.
“Art.L. 3121-46.-An individual annual interview is organized by the employer, with each employee having concluded a fixed-rate agreement in days over the year. It relates to the workload of the employee, the organization of work in the company, the link between professional activity and personal and family life, as well as the remuneration of the employee.
“Art.L. 3121-47.-When an employee who has entered into a fixed-rate agreement in days receives remuneration clearly unrelated to the constraints imposed on him, he may, notwithstanding any clause to the contrary, conventional or contractual, seize the judicial judge so that he or awarded compensation calculated on the basis of the damage suffered, in particular with regard to the level of the salary practiced in the company, and corresponding to his qualification.
“Art.L. 3121-48.-Employees who have concluded a fixed-rate agreement in days are not subject to the provisions relating to:
“1 ° The legal weekly duration provided for in article L. 3121-10;
“2 ° The maximum daily working time provided for in article L. 3121-34;
“3 ° The maximum weekly working hours provided for in the first paragraph of article L. 3121-35 and in the first and second paragraphs of article L. 3121-36. ”
II.-Article L. 2323-29 of the same code is supplemented by a paragraph worded as follows:
“The works council is consulted each year on the use of fixed-price agreements as well as on the methods of monitoring the workload of the employees concerned. »
III.-The agreements concluded in application of Articles L. 3121-40 to L. 3121-51 of the Labor Code in their version prior to the publication of this law remain in force.

Article 20

I. – Section 1 of Chapter II of Title II of Book I of Part Three of the Labor Code is worded as follows:

“Section 1

“Distribution of schedules over a period greater
than a week and at most equal to the year

“Art.L. 3122-1.-Unless otherwise stipulated in a company or establishment agreement, the calendar week begins on Monday at midnight and ends on Sunday at midnight.
“Art.L. 3122-2.-A collective agreement of a company or establishment or, failing that, a convention or a branch agreement may define the modalities for the organization of working time and organize the distribution of working time over a period greater than the week and at most equal to the year. It provides:
“1 ° The conditions and periods of notice of changes in duration or
“2 ° The limits for the counting of overtime;
“3 ° The conditions for taking into account, for the remuneration of employees, absences as well as arrivals and departures during the period.
“When the agreement applies to part-time employees, it provides for the terms of communication and modification of the distribution of working time and hours.
“Unless otherwise stipulated in a company or establishment agreement or, failing that, an agreement or a branch agreement, the notice period in the event of a change in duration or hours is set at seven days.
“In the absence of a collective agreement, a decree defines the modalities and organization of the distribution of working hours over more than one week.
“Art.L. 3122-3.-Notwithstanding the provisions of article L. 3122-2 in companies which operate continuously, the organization of working time can be organized over several weeks by decision of the employer.
“Art.L. 3122-4.-When a collective agreement organizes a variation in the weekly working time over all or part of the year or when the possibility of calculating the working time over a planned period of several weeks is applied by the decree mentioned in article L. 3122-2, constitute overtime, according to the framework retained by the agreement or the decree for their counting:
“1 ° Hours worked beyond 1,607 annual hours or the lower annual limit set by the agreement, minus, where applicable, overtime worked beyond the weekly upper limit possibly set by the agreement and already recorded;
“2 ° The hours worked beyond the average of thirty-five hours calculated over the reference period fixed by the agreement or by the decree, less overtime worked beyond the fixed weekly upper limit, on where appropriate, by the
“Art.L. 3122-5.-A collective company or establishment agreement or, failing that, an agreement or a branch agreement may provide that the monthly remuneration of employees of companies organizing the variation of the weekly working time on all or part of the year is independent of the actual timetable and is calculated under the conditions provided for in the agreement.
“However, when overtime is worked beyond the limits provided for in the agreement, the corresponding remuneration is paid with the salary for the month in question. ”
II. – The first paragraph of Article L. 3123-17 of the same code is thus amended:
1 ° After the word: “month”, the words are inserted: “or over the period provided for by a collective agreement concluded on the basis of Article L. 3122-2 ”;
2 ° The words are added: “calculated, where applicable, over the period provided for by a collective agreement concluded on the basis of Article L. 3122-2”.
III. – In article L. 3123-19 of the same code, after the word: “work”, are inserted the words: “calculated, if applicable, over the period provided for by a collective agreement concluded on the basis of the article L. 3122-2 ”.
IV. – Subsection 8 of section 1 of chapter III of title II of book I of part three of the same code is repealed.
V. – Agreements concluded in application of Articles L. 3122-3, L. 3122-9, L. 3122-19 and L. 3123-25 ​​of the Labor Codeor Articles L. 713-8 and L. 713-14 of the Rural Code in their wording prior to the publication of this law remain in force.

Article 21

I. – Article L. 713-19 of the rural code is worded as follows:

“Art.L. 713-19.-The labor code applies to agricultural employees, with the exception of the provisions for which this book has provided special provisions. ”
II. – Articles L. 713-6 to L. 713-12 and L. 713-14 to L. 713-18 of the same code are repealed.

Article 22

In the first paragraph of Article L. 3141-3 of the Labor Code, the words: “, during the reference year, justify having worked for the same employer for a time equivalent to a minimum of one month of work ”are replaced by the words:“ justifies having worked for the same employer for a time equivalent to a minimum of ten working days ”.

Article 23

I. – The III and IV of article 1 of the law n ° 2008-111 of February 8, 2008 on purchasing power apply, until December 31, 2009, to the remuneration of the days to which the employees renounce under the conditions provided for in Article L. 3121-42 of the Labor Code .

II. – For the application of articles 1 and 4 of the aforementioned law n ° 2008-111 of February 8, 2008, articles L. 3121-45, L. 3121-46, L. 3121-51, L. 3122-5, L. 3122-19 and L. 3152-1 of the Labor Code apply, until December 31, 2009, in their wording prior to the publication of this law.
For the application of article 2 of the aforementioned law n ° 2008-111 of February 8, 2008 , the same articles of the labor code apply until December 31, 2010 in their wording prior to the publication of this law. .
III. – Article 81 quater of the general tax code is amended as follows:
1 ° 1 ° of I is worded as follows:
“1 ° Wages paid to employees for overtime hours defined in article L. 3121- 11 of the labor code and, for employees covered by annual fixed-rate agreements in hours provided for in Article L. 3121-42 of the same code, hours worked beyond 1,607 hours, as well as hours worked in application of the third paragraph of l Article L. 3123-7 of the same code. Wages paid for overtime mentioned in article L. 3122-4 of the same code are exempt, with the exception of hours worked between 1,607 hours and the annual duration fixed by the agreement when it is lower. .
“The exemption mentioned in the first paragraph is also applicable to the salary increase paid, within the framework of the annual flat rate agreements in days, in return for the waiver by the employees, beyond the ceiling of two hundred and eighteen days. mentioned in Article L. 3121-44 of the Labor Code , on days of rest under the conditions provided for in Article L. 3121-45 of the same code; ”
2 ° In the last paragraph of b of 1 ° of II, the reference:” to the first paragraph of article L. 3121-42 “is replaced by the reference:” to article L. 3121-46 “;
3 ° In the last paragraph of III:
a) The words: “maximum weekly duration mentioned in 1 ° of II of Article L. 3122-10 of the Labor Code and in the last paragraph of Article L. 713-15 of the rural code “are replaced by the words:” upper weekly limit mentioned in article L. 3122-4 of the labor code “;
b) The words: “or the ceiling mentioned in 2 ° of Article L. 3122-19 of the Labor Code ” are deleted.
IV. – For companies that have not concluded a new agreement on the methods of organization of working time after the entry into force of this law, article 81 quater of the general tax code applies in its drafting prior to the date of publication of this law.
The same applies, until December 31, 2009, for companies that have not concluded a new agreement on the annual quota of overtime.

Article 24

I. – At the end of the second paragraph of Article L. 2323-29 of the Labor Code, the words: “L. 3123-25 ​​relating to annualized part-time work” are replaced by the words: “L. 3122-2 when they apply to part-time employees ”.
II. – In article L. 3121-25 of the same code, the words: “replacement” are replaced by the word: “equivalent”.
III. – In the third paragraph of Article L. 3123-7 of the same code, the words: “at compulsory compensatory rest” are replaced by the words: “at the compulsory counterparty at rest”.
IV. – In point 1 of article L. 3123-14 of the same code, the words: “of articles L. 3123-25 ​​and following” are replaced by the words: “of article L. 3122-2”.
V. – In the first paragraph of article L. 3123-15 of the same code, after the words: “fifteen weeks”, are inserted the words: “or over the period provided for by a collective agreement concluded on the basis of the ‘Article L. 3122-2 if it is greater ”.
VI. – In point 2 of article L. 3133-8 of the same code, the words: “reduction of working time as provided for in articles L. 3122-6 and L. 3122-19” are replaced by the words: “Rest granted under the collective agreement concluded in application of article L. 3122-2”.
VII. – In point 2 of article L. 3133-10 of the same code, the reference: “L. 3121-45” is replaced by the reference: “L. 3121-41”.
VIII. – In the last sentence of article L. 3133-11 and the last sentence of the first paragraph of article L. 3133-12 of the same code, the words: “compulsory compensatory rest” are replaced by the words: “counterparty compulsory at rest ”.
IX. – Article L. 3141-5 of the same code is thus amended:
1 ° In 3 °, the words: “compulsory compensatory rests provided for in Article L. 3121-26” are replaced by the words: “compulsory counterparties at rest provided for in Article L. 3121-11 ”;
2 ° In 4 °, the words: “acquired under the reduction of working time” are replaced by the words: “granted under the collective agreement concluded in application of article L. 3122-2″ .
X. – In the second paragraph of article L. 3141-11 of the same code, the words: “of articles L. 3122-9, relating to the modulation of working time, or L. 3122-19, relating to the allocation of days of rest within the framework of the year ”are replaced by the reference:“ of article L. 3122-2 ”.
XI. – In the first sentence of 4 ° of article L. 3141-21 of the same code, the references: “L. 3121-45, L. 3122-9, L. 3122-19, L. 3123-1 and L . 3123-25 ​​”are replaced by the references:” L. 3121-44, L. 3122-2 and L. 3123-1 “.
XII. – In 2 ° of I of article L. 3141-22 of the same code, the words: “at compulsory compensatory rest provided for in article L. 3121-28” are replaced by the words: “at the compulsory counterpart at rest provided for in Article L. 3121-11 ”.
XIII. – In the second paragraph of Article L. 3171-1 of the same code, the words: “in the form of cycles or when the modulation of working time over all or part of the year is implemented, the display includes the distribution of working hours in the modulation cycle or program “are replaced by the words:” under the conditions set by article L. 3122-2, the posting includes the distribution of working hours in within the framework of this organization ”.
XIV. – In point 2 of article L. 6321-4 of the same code, the words: “compulsory compensatory rest” are replaced by the words: “compulsory compensation at rest”.

Article 25

I. – In the title of Chapter I of Title V of Book I of Part Three of the Labor Code, the words: “and installation” are deleted.
II. – Article L. 3151-1 of the same code is supplemented by the words: “or the sums allocated to it”.
III. – Article L. 3151-2 of the same code is repealed.
IV. – Chapter II of Title V of Book I of Part Three of the same code reads as follows:

“Chapter II

“Establishment

“Art.L. 3152-1.-The time savings account may be set up by convention or company or establishment agreement or, failing that, by convention or branch agreement.
“Art.L. 3152-2.-The collective agreement or agreement determines under which conditions and limits the time savings account can be supplied with time or money at the initiative of the employee or, for the hours worked beyond the collective duration , at the initiative of the employer. Annual leave can only be allocated to the time savings account for its duration exceeding twenty-four working days.
“Art.L. 3152-3.-The convention or collective agreement defines the terms of management of the time savings account and determines the conditions of use, liquidation and transfer of rights from one employer to another. ”
V. – Articles L. 3153-1 and L. 3153-2 of the same code are
worded as follows : ” Art.L. 3153-1.-Notwithstanding the stipulations of the convention or collective agreement, any employee may, at his request and in agreement with his employer, use the rights allocated to the time savings account to supplement his remuneration.
“Art.L. 3153-2.-The use in the form of additional remuneration of the rights paid into the time savings account for annual leave is only authorized for those of these rights corresponding to days exceeding the duration of thirty days fixed by Article L. 3141-3. ”
VI. – Article L. 3153-4 of the same code is repealed.

Article 26

I. – Article L. 3153-3 of the Labor Code is supplemented by a paragraph worded as follows:

“The rights used in the manner provided for in the previous paragraphs, which do not result from a contribution in time or money from employer, up to a maximum of ten days per year, benefit from the exemption provided for in Article L. 242-4-3 of the Social Security Code and, as the case may be, from the schemes provided for in 2 ° or 2 ° -0 bis of article 83 of the general tax code for those used according to the methods provided for in the first paragraph or the exemption provided for in b of 18 ° of article 81 of the same code for those used according to the methods provided for in the second paragraph. ”
II. – After article L. 242-4-2 of the social security code, an article L. 242-4-3 is inserted as follows:
“Art.L. 242-4-3.-The remuneration due in return for the rights constituted by an employee on his time savings account, with the exception of those which correspond to a contribution in time or money from the employer, is exempt from contributions. social security salary and contributions payable by the employer for social insurance and family allowances when it is used at the initiative of this employee to fund a savings plan for collective retirement provided for in Articles L. 3334-1 to L. 3334-9 and L. 3334-11 to L. 3334-16 of the Labor Code or to contribute to the financing of retirement benefits which are of a collective and compulsory nature determined within the framework of one of the procedures mentioned in article L. 911-1 of this code. ”
III. – A. – Point 18 of Article 81 of the General Tax Code is thus amended:
1 ° The current provisions constitute an a;
2 ° A b is added as follows:
“b) The sums paid by the employee to fund a savings plan for collective retirement under the conditions of the last paragraph of article L. 3153-3 of the labor code ; “.
B. – The 1 ° of IV of article 1417 of the same code is completed by an e worded as follows:
“e) Amounts corresponding to the rights referred to in last paragraph of Article L. 3153-3 of the Labor Code . ”

Article 27

Chapter IV of Title V of Book I of Part Three of the Labor Code reads as follows:

“Chapter IV

“Guarantee and liquidation of rights

“Art.L. 3154-1.-The rights acquired within the framework of the time savings account are guaranteed under the conditions of article L. 3253-8.
“Art.L. 3154-2.-For acquired rights, converted into monetary units, which exceed the highest of the amounts fixed by decree in application of article L. 3253-17, the convention or the company or establishment agreement or, failing this, the convention or branch agreement establishes an insurance or guarantee system.
“In the absence of a collective agreement before February 8, 2009, a guarantee system is put in place by decree.
“Pending the implementation of a guarantee mechanism, when the acquired rights, converted into monetary units, exceed the aforementioned ceiling, an indemnity corresponding to the monetary conversion of all the rights is paid to the employee.
“Art.L. 3154-3.-In the absence of contractual provisions providing for the conditions for transferring rights from one employer to another, the employee may:
“1 ° Receive, in the event of termination of the employment contract, compensation corresponding to the currency conversion of all the rights he has acquired;
“2 ° Request, in agreement with the employer, the deposit with a third party organization of all the rights, converted into monetary units, which he has acquired. The release of the recorded rights is done for the benefit of the beneficiary employee or his beneficiaries under the conditions set by decree. ”
This law will be enforced as a law of the state.

Done in Paris, August 20, 2008.

Nicolas sarkozy

By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of Labor, Social Relations,
Family and Solidarity,
Xavier Bertrand
(1) Law n ° 2008-789.

– Preparatory work:

National Assembly:

Bill n ° 969 corrected;

Report by Mr. Jean-Frédéric Poisson, on behalf of the Committee on Cultural Affairs, n ° 992;

Opinion of Mr Jean-Paul Anciaux, on behalf of the Committee on Economic Affairs, n ° 999;

Discussion on July 1 to 3 and 7, 2008 and adoption, after declaration of emergency, on July 8, 2008 (TA n ° 170).

Senate:
Bill, adopted by the National Assembly, n ° 448 (2007-2008);
Report by Mr. Alain Gournac, on behalf of the Social Affairs Committee, n ° 470 (2007-2008);
Discussion on July 17, 18 and 22, 2008 and adoption on July 22, 2008 (TA n ° 138).
National Assembly:
Bill, modified by the Senate, n ° 1090;
Report by Mr. Jean-Frédéric Poisson, on behalf of the joint committee, n ° 1092.
Discussion and adoption on July 23, 2008 (TA n ° 183).
Senate:
Report by Mr. Alain Gournac, on behalf of the joint committee, n ° 486 (2007-2008);
Discussion and adoption on July 23, 2008 (TA n ° 143, 2007-2008).
– Constitutional Council:
Decision n ° 2008-568 DC of August 7, 2008 published in the Official Journal of this day.

 

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Done in Paris, August 20, 2008.
Nicolas sarkozy
By the President of the Republic:
The Prime Minister,

François Fillon

The Minister of Labor, Social Relations,

Family and Solidarity,

Xavier Bertrand

(1) Law n ° 2008-789.

– Preparatory work:

National Assembly:

Bill n ° 969 corrected;

Report by Mr. Jean-Frédéric Poisson, on behalf of the Committee on Cultural Affairs, n ° 992;

Opinion of Mr Jean-Paul Anciaux, on behalf of the Committee on Economic Affairs, n ° 999;

Discussion on July 1 to 3 and 7, 2008 and adoption, after declaration of emergency, on July 8, 2008 (TA n ° 170).

Senate:

Bill, adopted by the National Assembly, n ° 448 (2007-2008);

Report by Mr. Alain Gournac, on behalf of the Social Affairs Committee, n ° 470 (2007-2008);

Discussion on July 17, 18 and 22, 2008 and adoption on July 22, 2008 (TA n ° 138).

National Assembly:

Bill, modified by the Senate, n ° 1090;

Report by Mr. Jean-Frédéric Poisson, on behalf of the joint committee, n ° 1092.

Discussion and adoption on July 23, 2008 (TA n ° 183).

Senate:

Report by Mr. Alain Gournac, on behalf of the joint committee, n ° 486 (2007-2008);

Discussion and adoption on July 23, 2008 (TA n ° 143, 2007-2008).

– Constitutional Council:

Decision n ° 2008-568 DC of August 7, 2008 published in the Official Journal of this day.

 

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