LAW OF 4 MAY 2004 RELATING TO VOCATIONAL TRAINING AND SOCIAL DIALOGUE
LexInter | August 18, 2004 | 0 Comments

LAW OF 4 MAY 2004 RELATING TO VOCATIONAL TRAINING AND SOCIAL DIALOGUE

Article 1

The title of Book IX of the Labor Code reads as follows: “Continuing vocational training within the framework of lifelong vocational training”.

Article 2

Article L. 900-1 of the Labor Code is amended as follows:
1 ° The first sentence of the first paragraph reads as follows:
“Lifelong vocational training constitutes a national obligation. “;
2 ° The second paragraph reads as follows:

“The purpose of continuing vocational training is to promote the professional integration or reintegration of workers, to allow them to remain in employment, to promote the development of their skills and access to different levels of professional qualification, to contribute to economic and cultural development and their social promotion. “;

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

“It also aims to allow people who have interrupted their professional activity to take care of their children or their spouse or parents in a situation of dependency, back to work. ”

Article 3

I. – The third paragraph (2 °) of Article L. 900-2 of the Labor Code reads as follows:

“2 ° Actions to adapt and develop employees’ skills. Their purpose is to promote the adaptation of employees to their workstation, to job changes, as well as their retention in employment, and to participate in the development of employees’ skills; “.

II. – In the seventh paragraph (6 °) of the same article, the words: “, within the framework of lifelong education,” are deleted.

Article 4

Article L. 900-3 of the labor code is amended as follows:

1 ° The second paragraph reads as follows:

“- either registered in the national directory of professional certifications provided for in article L. 335-6 of the labor code education; ”

2 ° The last three paragraphs are replaced by a paragraph worded as follows:

” The State and the region contribute to the exercise of the right to qualification, in particular for people who have not acquired a qualification recognized within the framework of the initial training. ”

Article 5

I. – After article L. 900-5 of the labor code, an article L. 900-5-1 is inserted as follows:

“Art. L. 900-5-1. – The people mentioned in Article L. 323-3, in particular people with disabilities, have access to all the training mechanisms provided for in this book in accordance with the principle of equal treatment, by taking the appropriate measures .

“They benefit, where appropriate, from specific training actions aimed at their professional integration or reintegration, to allow them to remain in employment, to promote the development of their skills and access to the various levels of qualification. professional development and to contribute to economic and cultural development and social promotion. ”

II. – Article L. 900-6 of the same code is thus amended:

1 ° The first sentence of the first paragraph is worded as follows:

“Actions to combat illiteracy and learning the French language are part of the training professional throughout life. “;

2 ° In the second paragraph, the words: “actions to combat illiteracy” are replaced by the words: “these actions”.

Article 6

I. – Chapter II of Title IV of Book IX of the Labor Code is repealed.

II. – A section 2 ter worded as follows is inserted in chapter II of title II of book III of the same code:

“Section 2b
“State aid for the development of employment

and skills

“Art. L. 322-9. – In order to ensure the replacement of one or more employees in training, in companies with less than fifty employees, the State grants employers assistance calculated on the basis of the minimum growth wage for each person recruited for this purpose or made available to them by temporary employment companies or employers’ groups defined in Chapter VII of Title II of Book I.

“The terms of application of this article are set by decree of the Council of State . “

Article 7

Before Chapter I of Title III of Book IX of the Labor Code, an article L. 930-1 is inserted as follows:

“Art. L. 930-1. – The employer has the obligation to ensure the adaptation of employees to their workstation. It ensures that their capacity to hold a job is maintained, particularly with regard to changes in jobs, technologies and organizations. It can offer training that contributes to the development of skills.

“Employees’ access to continuing professional training is guaranteed:

“ 1 ° At the initiative of the employer within the framework of the training plan mentioned in article L. 951-1;

“2 ° At the initiative of the employee within the framework of the training leave defined in article L. 931-1;

“3 ° At the initiative of the employee with the agreement of his employer within the framework of the individual right to training provided for in article L. 933-1. ”

Chapter II

The individual right to training

Article 8

I. – Article L. 932-3 of the Labor Code is repealed.

II. – Chapters III and IV of Title III of Book IX of the same code become respectively Chapters IV and V and Articles L. 933-1, L. 933-2, L. 933-2-1, L. 933-3 , L. 933-4, L. 933-6 and L. 934-1 become respectively articles L. 934-1, L. 934-2, L. 934-3, L. 934-4, L. 934- 5, L. 934-6 and L. 935-1.

III. – Chapter III of Title III of Book IX of the same code is thus restored:

“Chapter III
“From the individual right to training
“Art. L. 933-1. – Any employee holding an employment contract of indefinite duration, with the exception of the contracts mentioned in Title I of Book I and in Chapter I of Title VIII of this book, having a seniority of at least one year in the company that employs him benefits each year from an individual right to training lasting twenty hours, except as provided for in an agreement or an inter-professional collective agreement, branch or company providing for a period of superior. For part-time employees, this duration is calculated pro rata temporis.

“Art. L. 933-2. – A branch or company collective agreement or agreement may provide for specific terms and conditions for the implementation of the individual right to training, provided that the accumulation of open rights is at least equal to a duration of 120 hours out of six. years or, for part-time employees, the cumulative amount of hours calculated each year in accordance with the provisions of Article L. 933-1, up to a limit of 120 hours. The rights acquired annually can be cumulated over a period of six years. At the end of this period and if it is not used in whole or in part, the individual right to training remains capped at 120 hours. This ceiling also applies to part-time employees, regardless of the number of years accumulated, on the basis of annual rights acquired pro rata temporis. Each employee is informed in writing each year of the total rights acquired under the system of the individual right to training.

“By collective agreement or branch or company agreement or, failing that, by collective agreement concluded between the representative organizations of employers and employees who have signed an agreement constituting a joint collecting body for continuing vocational training funds with inter-professional competence, priorities can be defined for the training actions implemented within the framework of the individual right to training. In the absence of such an agreement, the training actions allowing the exercise of the individual right to training are actions to promote or acquire, maintain or improve the knowledge mentioned in article L. 900-2. or the qualification actions provided for in Article L. 900-3.

“Art. L. 933-3. – The implementation of the individual right to training is the initiative of the employee, in agreement with his employer. The choice of the planned training action, which may take into account the priorities defined in the second paragraph of article L. 933-2, is made by written agreement of the employee and the employer. The latter has a period of one month to notify his response when the employee takes the initiative to assert his rights to training. The absence of a response from the employer implies acceptance of the choice of training action.

“A branch or company collective agreement or agreement may provide that the individual right to training is partly exercised during working time. In the absence of such an agreement, training actions take place outside working hours.

“Art. L. 933-4. – The hours devoted to training during working time give rise to the right to maintain the employee’s remuneration under the conditions defined in I of article L. 932-1. When the training hours are carried out outside working time, the employee benefits from the payment by the employer of the training allowance defined in III of article L. 932-1. The amount of the training allowance as well as the training costs corresponding to the open rights are payable by the employer and are chargeable to his participation in the development of continuing vocational training. The employer can meet its obligations relating to training costs by using a special payment voucher issued by specialized companies. decree . During the duration of this training, the employee benefits from social security legislation relating to protection in matters of work accidents and occupational diseases.

“Art. L. 933-5. – When, for two consecutive calendar years, the employee and the company disagree on the choice of training action under the individual right to training, the joint body approved under the individual training leave to which falls his company ensures, as a priority, the financial support of the action within the framework of an individual training leave, provided that this action corresponds to the priorities and criteria defined by the said organization. In this case, the employer is required to pay this body the amount of the training allowance corresponding to the rights acquired by the person concerned under the individual right to training and the training costs calculated in accordance with the provisions of the article L.

“Art. L. 933-6. – The individual right to training is transferable in the event of dismissal of the employee, except for serious misconduct or gross negligence. In this case, the amount of the training allowance corresponding to the hours acquired under the individual right to training and which have not been used is calculated on the basis of the net salary received by the employee before leaving the company. . The sums corresponding to this amount must make it possible to finance all or part of an action of skills assessment, validation of acquired experience or training, when it has been requested by the employee before the end of the notice period. . In the absence of such a request, the amount corresponding to the individual right to training is not due by the employer. In the document referred to in Article L. 122-14-1, the employer is required, where applicable, to inform the employee that he is making redundancies of his rights in terms of the individual right to training, in particular of the possibility of requesting during the period- leave to benefit from an action of skills assessment, validation of acquired experience or training. In the event of resignation, the employee can request to benefit from his individual right to training provided that the action of skills assessment, validation of acquired experience or training is initiated before the end of the notice period. In the event of retirement, the individual right to training is not transferable. ” he terminates his rights in terms of individual right to training, in particular the possibility of requesting during the notice period to benefit from an action of skills assessment, validation of acquired experience or training. In the event of resignation, the employee can request to benefit from his individual right to training provided that the action of skills assessment, validation of acquired experience or training is initiated before the end of the notice period. In the event of retirement, the individual right to training is not transferable. ” he terminates his rights in terms of individual right to training, in particular the possibility of requesting during the notice period to benefit from an action of skills assessment, validation of acquired experience or training. In the event of resignation, the employee can request to benefit from his individual right to training provided that the action of skills assessment, validation of acquired experience or training is initiated before the end of the notice period. In the event of retirement, the individual right to training is not transferable. ” the employee can request to benefit from his individual right to training provided that the action of skills assessment, validation of acquired experience or training is initiated before the end of the notice period. In the event of retirement, the individual right to training is not transferable. ” the employee can request to benefit from his individual right to training provided that the action of skills assessment, validation of acquired experience or training is initiated before the end of the notice period. In the event of retirement, the individual right to training is not transferable. ”

Article 9

After article L. 931-20-1 of the labor code, an article L. 931-20-2 is inserted as follows:

“Art. L. 931-20-2. – Employees employed under a fixed-term employment contract may benefit from the individual right to training provided for in Article L. 933-1 pro rata temporis, at the end of the four-month period set in b of Article L. 931-15. The employer is required to inform the employee of his rights in this regard. The individual right to training is implemented under the conditions referred to in Articles L. 933-3 to L. 933-6. The approved joint body mentioned in article L. 931-16 assures the payment of the costs of training, transport and accommodation as well as the training allowance due to these employees. ”

Chapter III

The training plan

Article 10

Article L. 932-2 of the Labor Code is repealed and Article L. 932-1 of the same code worded as follows:

“Art. L. 932-1. – I. – Any training action taken by the employee to ensure adaptation to the job constitutes effective working time and gives rise, during its execution, to the maintenance by the company of remuneration.

“II. – Training actions linked to the development of jobs or those which participate in maintaining employment are implemented during working time and give rise to the maintenance by the company of remuneration during their implementation. However, subject to a company agreement or, failing that, the employee’s written agreement, leaving for training may lead the employee to exceed the legal or contractual working time. The hours corresponding to this overrun do not count against the annual quota of overtime provided for in article L. 212-6 of this code and in article L. 713-11 of the rural code or on the volume of ‘additional hours provided for in Articles L. 212-4-3 and L. 212-4-4 of this code and do not give rise to either compulsory compensatory rest or an increase, within the limit per year and per employee of fifty hours. For employees whose working time is fixed by a fixed-price agreement in days or fixed-price in hours over the year provided for in Article L. 212-15-3, the hours corresponding to the overrun shall not be deducted from the the package, up to 4% thereof.

“III. – The training actions aimed at developing the skills of employees may, in application of a written agreement between the employee and the employer, which can be denounced within eight days of its conclusion, take place outside working hours workforce within the limit of eighty hours per year and per employee or, for employees whose working time is fixed by a fixed-price agreement in days or fixed-rate in hours over the year provided for in Article L. 212 -15-3, within the limit of 5% of their package.

“The hours of training carried out outside working time, in application of this article, give rise to the payment by the company of a training allowance of an amount equal to 50% of the net reference remuneration of the employee concerned. . The methods for determining the reference hourly wage are set by decree . For the application of social security legislation, the training allowance does not constitute remuneration within the meaning of the second paragraph of article L. 140-2 of this code, of article L. 741-10 of the rural code and of article L. 242-1 of the social security code.

“The amount of the training allowance paid to the employee is attributable to the participation in the development of continuing professional training of the company. During the training period, the employee benefits from social security legislation relating to protection against work accidents and occupational diseases.

“The employee’s refusal to participate in training activities carried out under these conditions or the denunciation within eight days of the agreement provided for in the first paragraph of this III does not constitute a fault or a reason for dismissal.

“IV. – When in application of the provisions of III all or part of the training takes place outside working hours, the company defines with the employee, before leaving for training, the nature of the commitments to which it subscribes as soon as the person concerned have completed the training diligently and passed the scheduled assessments. These commitments relate to the conditions under which the employee has priority access within one year of the end of the training to the available functions corresponding to the knowledge thus acquired and to the allocation of the classification corresponding to the job held. These commitments also relate to the methods of taking into account the efforts made by the employee.

“V. – During the same calendar year and for the same employee, the sum of the training hours which, in application of the provisions of II, do not affect the quota of overtime or the quota of additional hours and those of III, are carried out outside working hours, cannot exceed eighty hours or, for employees whose working time is fixed by a fixed-price agreement, at 5% of the fixed-price. ”

Chapter IV

Training leave

Article 11

I. – Article L. 951-3 of the Labor Code is amended as follows:

1 ° In the fifth paragraph, the words: “and leave for examination” are replaced by the words: “, leave for examination and leave for validation of acquired experience ”;

2 ° The sixth paragraph (a) is supplemented by the words: “as well as the expenses of accompanying the employee in the choice of his professional orientation and of support in the development of his project within the limits fixed by order of the Minister in charge of vocational training ”;

3 ° In the seventh paragraph (b), the words: “and assessment” are replaced by the words: “, assessment of skills and validation of acquired experience”;

4 ° The ninth paragraph (d) reads as follows:

“D) Management costs of approved joint bodies within the limits set by order of the Minister responsible for vocational training. ”

II. – In the fifth paragraph of Article L. 931-8-1 of the same code, the words: “as well as the provisions relating to the minimum amount of remuneration provided for in the fourth paragraph of Article L. 931-8-2” are deleted.

III. – Article L. 931-1-1 and the second paragraph of article L. 931-21 of the same code are repealed.

Chapter V

Contracts and periods of professionalization

Article 12

I. – The title of Title VIII of Book IX of the Labor Code reads as follows: “Contracts and periods of professionalization”.

II. – Articles L. 980-1 and L. 980-2 of the same code are replaced by article L. 980-1 as follows:

“Art. L. 980-1. – Professionalization contracts and professionalization periods combine general, professional and technological education provided in public or private training organizations or, when it has a training service, by the company, and the acquisition of skills. ” know-how through the exercise in a company of one or more professional activities in relation to the qualifications sought. ” (Decrees)

Article 13

I. – The title of Chapter I of Title VIII of Book IX of the Labor Code reads as follows: “Professionalization contracts”.

II. – Articles L. 981-1 to L. 981-12 of the same code are replaced by articles L. 981-1 to L. 981-8 as follows:

“Art. L. 981-1. – People aged between sixteen and twenty-five can complete their initial training under a professionalization contract. The professionalization contract is also open to job seekers aged twenty-six and over.

“The purpose of these professionalization contracts is to enable their beneficiary to acquire one of the qualifications provided for in article L. 900-3 and to promote their professional integration or reintegration.

“Art. L. 981-2. – The professionalization contract is drawn up in writing and filed with the departmental directorate for work, employment and vocational training. When it is for a fixed period, it is concluded in application of article L. 122-2.

“The professionalization action which is the subject of a fixed-term contract or the professionalization action which takes place at the start of an open-ended contract is for a minimum period of between six and twelve months. This minimum period may be extended up to 24 months, in particular for people who have left the education system without a recognized professional qualification, or when the nature of the qualifications concerned so requires. These beneficiaries and the nature of these qualifications are defined by collective agreement or branch agreement or, failing that, by collective agreement concluded between the representative organizations of employers and employees who have signed the constituting agreement. a joint inter-professional collection body for continuing vocational training funds mentioned in the fourth paragraph of Article L. 951-1 and in the third paragraph of Article L. 952-1. The nature of these qualifications can be defined by an agreement concluded at national and inter-professional level.

“Art. L. 981-3. – A tutor may be appointed by the employer to welcome and guide in the company the persons mentioned in article L. 981-1. The employer undertakes to provide them with training enabling them to acquire a professional qualification and to provide them with a job related to this objective during the duration of the fixed-term contract or of the professionalization action of the contract. to undetermined duration. The contract holder undertakes to work on behalf of his employer and to follow the training provided for in the contract.

“Within the framework of the contract or the professionalization action, the evaluation and support actions as well as the general, professional and technological lessons are implemented by a training organization or, when it has a training service, by the company itself. They are for a minimum duration of between 15%, without being less than 150 hours, and 25% of the total duration of the contract or of the professionalization period. A branch agreement or, failing that, an agreement concluded between the representative organizations of employers and employees who have signed the agreement constituting a joint collection body for continuing vocational training funds with inter-professional competence mentioned in article L .

“Art. L. 981-4. – Temporary employment companies may hire people referred to in Article L. 981-1 under the conditions defined in Articles L. 981-1 to L. 981-3 and under the regime of a fixed-term contract concluded in application of article L. 122-2. Professional activities in relation to the lessons received are then carried out within the framework of the missions defined by Chapter IV of Title II of Book I. An agreement concluded at the level of the professional branch between the professional organizations of employers, the trade union organizations of employees representing temporary work and the State may provide that part of the funds collected under the conditions provided for in the fourth paragraph of article L. 951-1 and in the third paragraph of article L.

“The provisions relating to the professionalization contract are applicable to the flight crews of shipping companies under conditions defined by decree.

“Art. L. 981-5. – Unless there are more favorable contractual or contractual provisions, employees under the age of twenty-six and holders of the contracts mentioned in Article L. 981-1 receive during the duration of the fixed-term contract or the professionalization action of the open-ended contract remuneration calculated on the basis of the minimum growth wage, the amount of which is fixed by decree. This amount may vary depending on the age of the beneficiary and the level of his training. The same decree sets the conditions for deducting benefits in kind.

“The holders of professionalization contracts aged at least twenty-six years receive, during the duration of the fixed-term contract or the professionalization action of the open-ended contract, a remuneration which cannot be lower than the minimum wage. growth rate nor to 85% of the minimum remuneration provided for by the provisions of the collective agreement or branch to which the company falls.

“Art. L. 981-6. – Fixed-term contracts and professionalization actions give rise to an exemption from contributions payable by the employer for social insurance, work accidents and occupational diseases and family allowances.

“This exemption is applicable to earnings and remuneration as defined in article L. 242-1 of the social security code and in article L. 741-10 of the rural code, paid by the employers mentioned in article L. 950-1 of this code to persons under the age of twenty-six as well as to job seekers aged forty-five and over.

“The amount of the exemption is equal to that of the contributions relating to the fraction of the remuneration not exceeding the product of the minimum growth wage by the number of paid hours, within the limit of the legal working time calculated on the month, or, if it is less, the contractual duration applicable in the establishment.

“A decree specifies the methods for calculating the exemption in the case of employees whose remuneration cannot be determined according to a number of hours worked and in that of employees whose employment contract is suspended with maintenance of all or part of the remuneration.

“The exemption relates to the contributions relating to the remuneration due until the end of the contract provided for in Article L. 981-1, when the contract is for a fixed term, or the professionalization action when the contract is at indefinite period.

“The benefit of these provisions may not be combined with that of another total or partial exemption from employer contributions or the application of specific rates,

“It is subject to compliance by the employer with the obligations imposed on him by this chapter. A Council of State decree sets the conditions under which the benefit of the exemption can be withdrawn in the event of failure to meet these obligations.

“Art. L. 981-7. – Holders of employment contracts provided for in Article L. 981-1 benefit from all the provisions applicable to other employees of the company insofar as they are not incompatible with the requirements of their training.

“The employee’s working time, including the time spent in training, cannot exceed the weekly working time practiced in the company or the daily working time set by the second paragraph of article L. 212-1 hereof. code and by article L. 713-2 of the rural code. They benefit from weekly rest under the conditions set out in Chapter I of Title II of Book II of this Code and in I of Article L. 714-1 of the Rural Code.

“The holders of these contracts are not counted among the beneficiaries of training leave for the application of Articles L. 931-3, L. 931-4 and L. 951-3 and periods of professionalization for the application of Article L. 982-3.

“Any reimbursement clause by the holder of the contract to the employer of training expenses in the event of termination of the employment contract is null and void.

“The fixed-term employment contracts provided for in Article L. 981-1 may be renewed once if the beneficiary has been unable to obtain the qualification envisaged due to failure in the assessment tests for the training followed, maternity, sickness, work accident or failure of the training organization.

“Art. L. 981-8. – Until the end of the contract when it is for a fixed term or until the end of the professionalization action when the contract is for an indefinite period, the holders of the employment contracts defined in article L. 981-1 are not taken into account in the calculation of the number of personnel of the companies to which they fall for the application of the legislative or regulatory provisions which refer to a condition of minimum number of employees, with the exception of those which concern the pricing of the risks of work accidents and occupational diseases. ”

III. – In Article L. 124-21 of the same code, the words: “or qualifying training actions intended for young people aged sixteen to twenty-five” are replaced by the words: “or professionalization actions referred to in chapter I of Title VIII of Book IX ”.

Article 14

Chapter II of Title VIII of Book IX of the Labor Code reads as follows:

“Chapter II
“Periods of professionalization

“Art. L. 982-1. – The purpose of the professionalization periods is to promote through training actions the retention in the employment of employees on open-ended contracts.

“They are open:

” 1 ° To employees whose qualifications are insufficient with regard to the evolution of technologies and the organization of work, in accordance with the priorities defined by branch agreement or, failing that, by collective agreement concluded between representative organizations of employers and employees who have signed an agreement constituting a joint collection body for continuing vocational training funds with inter-professional competence;

“2 ° To employees who have twenty years of professional activity, or aged at least forty-five years and having a minimum of one year of presence in the last company which employs them;

“3 ° To employees who are considering the creation or takeover of a business;

“4 ° To women who resume their professional activity after maternity leave or to men and women after parental leave;

“5 ° To the beneficiaries of the employment obligation mentioned in article L. 323-3.

“Art. L. 982-2. – The purpose of the professionalization period is to allow its beneficiary to acquire one of the qualifications provided for in article L. 900-3 or to participate in a training action whose objective is defined by the national joint committee of the employment in the professional branch to which the company belongs.

“An agreement or a collective branch agreement or, failing that, a collective agreement concluded between the representative organizations of employers and employees who have signed an agreement constituting a joint collection body for inter-professional continuing vocational training funds determines the list of qualifications available for the professionalization period. The branch collective agreements or agreements also determine the conditions under which the national joint employment commission of the professional branch concerned defines the objectives mentioned in the first paragraph.

“Art. L. 982-3. – The percentage of employees simultaneously absent for the period of professionalization may not, except with the agreement of the company manager or the manager of the establishment, exceed 2% of the total number of employees of the company or establishment. In a company or establishment with fewer than fifty employees, the benefit of a period of professionalization may be deferred when it results in the simultaneous absence for the periods of professionalization of at least two employees.

“Art. L. 982-4. – The actions of the professionalization period can take place for all or part outside working time on the initiative of either the employee within the framework of the individual right to training provided for in Article L. 933-1, or of the employer, after written agreement from the employee, in application of article L. 932-1. In both cases, the employer defines with the employee before leaving for training the nature of the commitments to which the company subscribes if the person concerned assiduously follows the training and satisfies the planned evaluations.

“The training actions implemented during the professionalization period and during working time give rise to the maintenance by the employer of the employee’s remuneration.

“By written agreement between the employee and the employer, the hours of training carried out outside working hours as part of a period of professionalization may exceed the amount of rights opened by the employee under the individual right to training within the limit of eighty hours in a single calendar year. In this case, the provisions of IV of article L. 932-1 are applicable. During the duration of these training courses, the employee benefits from social security legislation relating to protection against work accidents and occupational diseases. ”

Article 15

Title VIII of Book IX of the Labor Code is supplemented by Chapter III as follows:

“Chapter III

“Financial provisions
“Art. L. 983-1. – The collecting bodies mentioned in the fourth paragraph of Article L. 951-1 and in the third paragraph of Article L. 952-1 take charge of the assessment, support and training actions provided for in Articles L. 981-3 and L. 982-4 on the basis of fixed hourly rates fixed by collective agreement or branch agreement or, failing this, by a collective agreement concluded between the representative organizations of employers and employees who have signed an agreement constituting ” a joint inter-professional body which collects funds for continuing vocational training. In the absence of such an agreement, the fixed prices are fixed by decree . These packages may be subject to modulation depending on the nature and cost of the service.

“Art. L. 983-2. – Within the limit of a ceiling fixed by decree , the contributions provided for in article L. 351-3-1 may be used to participate in the financing of the professionalization contracts of job seekers aged twenty-six and over mentioned in Article L. 981-1. “In this case, the managing bodies mentioned in article L. 351-21 may assume, directly or through the intermediary of the collecting bodies mentioned in article L. 983-1, the expenses relating to these contracts of professionalization under the conditions set out in Article L. 983-1.

“Art. L. 983-3. – The collecting organizations mentioned in Article L. 983-1 cover the expenses incurred for each employee or for any employer with fewer than ten employees who benefit from a training action as a tutor responsible for welcoming and guide in the company the beneficiaries of the contracts defined in Chapter I of this title or of the professionalization periods defined in Chapter II. This support is limited to an hourly ceiling and a maximum duration set by decree . “These organizations can also support, within the limit of a monthly ceiling and a maximum duration fixed by decree

, costs related to the exercise of the tutorial function incurred by companies for the employees mentioned in Articles L. 981-1 and L. 982-1.

“Art. L. 983-4. – The collecting bodies mentioned in Article L. 983-1 may cover the operating expenses of apprentice training centers approved by the State or the regions according to the terms established within the framework of a branch agreement. or, failing that, a collective agreement concluded between the representative organizations of employers and employees signatories of an agreement constituting a joint collecting body for continuing vocational training funds with inter-professional competence providing for the share and the conditions of allocation of these funds. ”

Chapter VI

Negotiations on training

Article 16

I. – In Article L. 131-1 of the Labor Code, after the words: “conditions of employment”, the words: “, professional training” are inserted.

II. – Article L. 934-2 of the same code is thus amended:

1 ° In the first paragraph, the words: “every five years” are replaced by the words: “every three years”;

2 ° 4 ° is worded as follows:

“4 ° The conditions of reception and integration of young people and adults in companies, in particular within the framework of contracts or periods of professionalization defined in Title VIII of this book; »

3 ° The 5 ° is worded as follows:

“5 ° The training actions to be implemented in favor of employees with the lowest levels of qualification and, in particular, those who do not master basic skills, in particular to facilitate their professional development; ”

4 ° 6 ° is supplemented by the words:”, in particular by the determination of an objective of progression of the rate of access of women to the various training devices and of the methods of attaining this objective “;

5 ° Before the last paragraph, are inserted 13 ° to 15 ° as follows:

“13 ° The conditions for setting up a prospective observatory of trades and qualifications and for examination by the national joint employment commission of the quantitative and qualitative development of jobs and professional qualifications;

“14 ° The definition of training objectives and priorities that companies take into account within the framework of the training plan and the individual right to training;

“15 ° The definition and the conditions for the implementation of training actions, their monitoring and evaluation, with a view to ensuring professional equality, job retention and skills development for disabled workers, in particular by determining an objective of increasing the rate of access of disabled workers to the various training systems and the methods of attaining this objective. ”

Article 17

I. – Article L. 934-4 of the Labor Code is amended as follows: (Decree) 1 ° In the second paragraph, the words: “in Articles L. 932-1, L. 932-2 and L. 933- 2 “are replaced by the words:” in Articles L. 932-1 and L. 934-2 “; 2 ° The third paragraph reads as follows: “The works council also gives its opinion on the conditions for the implementation of contracts and professionalization periods defined in Title VIII of this book as well as on the implementation of the law. individual to the training provided for in Article L. 933-1. “; 3 ° The sixth paragraph is completed by a sentence worded as follows:

“These documents specify in particular the nature of the actions proposed by the employer, distinguishing between those which correspond to actions of adaptation to the workstation, those which correspond to training actions linked to the development of jobs or to maintaining in the workplace. employment of employees and those who participate in the development of employee skills. ”

II. – Article L. 933-5 of the same code is repealed.

Chapter VII

Financial provisions

Article 18

I. – Article L. 950-1 of the Labor Code is supplemented by the words: “and in Article L. 900-3”.

II. – Article L. 951-1 of the same code is thus amended:

1 ° The first eight paragraphs are replaced by four paragraphs thus worded:

“As of January 1, 2004, employers with at least ten employees must devote to the financing of actions defined in article L. 950-1 a minimum share of 1.60% of the amount of remuneration paid during the current year understood within the meaning of the rules provided for in Chapters I and II of Title IV of Book II of the Social Security Code or in Chapter II of Title II and Chapter I of Title IV of Book VII of the Rural Code for employers of employees referred to in Article L. 722-20 of the said code. For temporary employment companies, this rate is set at 2% of the remuneration paid during the current year, regardless of the nature and date of the conclusion of the employment contracts.

“Within the framework of the obligation defined in the preceding paragraph, the employers make before March 1 of the year following that for which the participation is due:

” 1 ° A payment at least equal to 0.20% remuneration for the reference year to a joint body approved by the State for individual training leave. For temporary employment companies, this rate is set at 0.30% and the contribution is paid to the approved collecting body of the professional branch;

“2 ° A payment at least equal to 0.50% of the remuneration for the reference year to a joint body approved under the contracts or periods of professionalization defined in Title VIII of this book and the individual right to training provided for in article L. 933-1. “;

2 ° The tenth paragraph (1 °) is worded as follows:

“1 ° By financing actions mentioned in Articles L. 900-2 or L. 900-3 for the benefit of their staff within the framework of a training plan established in compliance with the provisions of Articles L. 934-1 and L. 934-4, actions carried out under the individual right to training provided for in Article L. 933-1 or actions carried out within the framework of training leave , skills assessment and validation of acquired experience provided for in Articles L. 931-1, L. 931-21 and L. 900-1; ”

3 ° In the eleventh paragraph (2 °), the reference:” L. 961-8 “is replaced by the reference:” L. 961-9 “;

4 ° In the penultimate paragraph, the words: “of 1 ° and 3 °” are replaced by the words: “of the sixth and eighth paragraphs”.

III. – In the last sentence of the second paragraph of article L. 122-3-4 of the same code, the words: “of the tenth paragraph (1 °) of article L. 951-1” are replaced by the words: “Of the sixth paragraph of Article L. 951-1”.

Article 19

Article L. 951-2 of the Labor Code is thus amended:

1 ° In the first paragraph, the words: “within the framework of the training plan mentioned in 1 ° of the preceding article” are replaced by the words: “In application of the sixth paragraph of article L. 951-1”;

2 ° The second paragraph is completed by a sentence worded as follows:

“They may also cover the training allowance referred to in Article L. 932-1. ”

Article 20

I. – Article L. 951-3 of the Labor Code is thus amended:

1 ° In the first paragraph, the words: “payment to a joint body approved by the State for the individual training leave provided for in the second paragraph of Article L. 951-1 “are replaced by the words:” the payments provided for in the third and fourth paragraphs of Article L. 951-1 to the approved joint bodies referred to in these paragraphs “;

2 ° In the fourth paragraph, the words: “of the first paragraph” are replaced by the words: “of the third paragraph of Article L. 951-1”.

II. – In article L. 951-7 of the same code, the words: “article L. 931-13” are replaced by the words: “article L. 931-28”.

III. – In article L. 951-8 of the same code, the reference: “L. 933-1” is replaced by the reference: “L. 934-1” and the words: “first, second, sixth and seventh paragraphs of Article L. 933-3 “are replaced by the words:” first, second, third, sixth and seventh paragraphs of Article L. 934-4 “.

IV. – The fourth paragraph of I of article L. 951-9 of the same code reads as follows:

“In the event that the employer does not provide the proof required by article L. 951-8, the amount of expenses or contributions to which it is required by the fifth paragraph of Article L. 951-1 is increased by 50%. This increase is paid under the conditions provided for in the first paragraph of this article. ”

V. – In the second paragraph of article L. 951-13 of the same code, the words: “in 1 ° of article L. 951-1” are replaced by the words: “in article L. 951 -1 ”.

Article 21

Article L. 952-1 of the Labor Code is thus amended:

1 ° In the first paragraph, the words: “, with the exception of those occupying the persons mentioned in Chapter III of Title VII of Book VII of this Code, “Are deleted, the rate:” 0.15% “is replaced by the words:” 0.40% from 1 January 2004 “and the words:” in chapters II and III of title II of book VII of the rural code , for employers of employees referred to in Article 1144 “are replaced by the words:” in Chapter II of Title II and in Chapter I of Title IV of Book VII of the Rural Code, for employers of employees referred to in Article L. 722-20 ”. The second sentence reads as follows:

“This percentage is increased to 0.55% from 1 January 2005.”;

2 ° The second and third paragraphs are replaced by four paragraphs worded as follows:

“For the implementation of the obligation defined in the previous paragraph, the employer performs before March 1 of the year following that in respect of which participation is due:

“1 ° A payment at least equal to 0.15% of the remuneration for the reference year to a joint body approved under the contracts or periods of professionalization provided for in Title VIII of this book and the law individual training as defined in article L. 933-1;

“2 ° A payment up to the balance of the obligation provided for in the first paragraph of this article to a joint collecting body approved as such by the State.

“The employer makes the payment of these contributions to one and the same approved collecting body designated by the branch agreement to which he falls or, failing that, to a collecting body accredited at inter-professional level. ”

Article 22

I. – In the first paragraph of Article L. 952-2 of the Labor Code, the words: “of Article L. 952-1” are replaced by the words: “of the fourth paragraph of Article L. 952-1 ”.

II. – In the first sentence of the first paragraph of article L. 952-3 of the same code, the words: “When an employer has not made the payment to a collecting body referred to in article L. 952-1 “Are replaced by the words:” When an employer has not made the payments to the collecting body mentioned in the penultimate paragraph of Article L. 952-1 “.

III. – In the first paragraph of Article L. 952-4 of the same code, the words: “and the payment made as well as the designation of the recipient organization” are replaced by the words: “and the payments made as well as the designation of the recipient body ”.

IV. – Article L. 952-5 of the same code is repealed.

V. – Article L. 952-6 of the same code is thus modified:

1 ° The first paragraph is thus modified:

a) Before the word: “employers”, the word: “individuals” is inserted and, after the words: “of this code”, are inserted the words: “, childminders referred to in Chapter III of Title VII of Book VII of this Code or employees referred to in the third (2 °) and fourth (3 °) paragraphs of the article L. 722-20 of the rural code ”;

b) The words: “of the contribution provided for in article L. 952-1” are replaced by the words: “of a contribution paid under the fourth paragraph of article L. 952-1 of this code and equal to 0.15% of the base provided for in the third paragraph of the same article ”;

c) It is supplemented by a sentence worded as follows:

“A branch agreement concluded before December 31, 2006 may provide that an additional contribution of 0.10% under the third paragraph of article L. 952-1 will be paid. to the body mentioned in the second paragraph of this article. “;

2 ° In the second paragraph, the words: “mentioned in article L. 952-1” are replaced by the words: “mentioned in the fourth paragraph of article L. 952-1”.

VI. – Article L.

1 ° In the first paragraph, the words: “, first and second paragraphs and L. 952-1, first paragraph” are replaced by the words: “and L. 952-1”;

2 ° In the third paragraph, the words: “and work-study integration contracts” are replaced by the words: “and contracts or periods of professionalization”;

3 ° The last paragraph reads as follows:

“3 ° 0.3% under contracts or professionalization periods defined in Title VIII of this book. ”

Article 23

I. – Article L. 961-12 of the Labor Code is amended as follows:

1 ° The first paragraph is deleted;

2 ° In the second paragraph, the words: “As of this date,” and the words: “and in article 30 of the aforementioned 1985 finance law” are deleted;

3 ° In the third paragraph, the words: “Except when the training insurance funds with national and inter-professional competence were created before January 1, 1992,” are deleted;

4 ° In the fifth paragraph, the words: “the funds referred to in I bis and II of article 30 of the 1985 finance law (n ° 84-1208 of 29 December 1984)” are replaced by the words: “the funds mentioned in the fourth paragraph of article L. 951-1 and in the third paragraph of article L. 952-1 ”;

5 ° In the sixth paragraph, the words: “in the second paragraph above” are replaced by the words: “in the first paragraph” and the words: “of the standing committee of the National Council for vocational training, social promotion and of employment ”by the words:“, issued, under conditions defined by decree , from the National Council for Lifelong Vocational Training ”;

6 ° The last paragraph is completed by three sentences worded as follows:

“This decree fixes in particular the rules relating to the constitution, the attributions, the functioning and the controls to which the joint collecting bodies are subjected as well as the modalities of repayment to the Public Treasury of the unused funds and the expenses not admitted by the agents mentioned in the article L. 991-3. It also sets the procedures for implementing the principle of transparency in the operation of joint collection bodies, in particular with regard to the equal treatment of companies, employees and providers of training or services falling within the scope of application of this book. On each of these points, it also sets the procedures for informing companies that have contributed to the financing of vocational training. ”

II. – In the second paragraph of Article L. 961-9 of the same code, the words: “of the National Council for Vocational Training, Social Promotion and Employment or its standing committee” are replaced by the words: “Of the National Council for Lifelong Vocational Training”.

Article 24

I. – Article L. 961-13 of the Labor Code is amended as follows:

1 ° The first paragraph is worded as follows:

“A national fund is created authorized to manage the financial surpluses available to the joint collection bodies managing the employer contributions to the financing of individual training leave provided for in Article L. 931-20 and the third paragraph of Article L. 951-1 and to the financing of contracts or periods of professionalization and of the individual right to training defined in the fourth paragraph of Article L. 951-1 and in the third paragraph of Article L. 952-1. “;

2 ° The fourth paragraph is amended as follows:

a) The first sentence is completed by the words: “subject to compliance with the rules relating to the nature and costs of the actions financed by these bodies, as well as to the financing of studies and promotional actions”;

b) After the first sentence, two sentences are inserted as follows:

“Without prejudice to the controls carried out by the agents commissioned in application of article L. 991-3, this decree determines the documents and documents relating to their management that the collecting bodies are required to communicate to the national fund and those that they must present, if applicable, to the persons commissioned by the latter to check them. It sets the terms of application to the national fund of the principle of transparency referred to in the last paragraph of article L. 961-12. “;

3 ° The last paragraph is replaced by six paragraphs worded as follows:

“With the exclusion of payments due in application of article L. 991-8, the national fund also receives:

“1 ° By way of derogation from article L. 951-9, the amount of the difference between the expenses justified by the employer under the fourth paragraph of article L. 951-1 and his contribution due under this same paragraph and increased in application of article L. 951-3;

“2 ° By way of derogation from Article L. 952-3, the amount of the difference between the expenses justified by the employer under the third paragraph of Article L. 952-1 and his contribution due under this same paragraph and increased in application of article L. 952-3.

“Joint collecting bodies managing employers’ contributions to the financing of contracts or periods of professionalization and of the individual right to training provided for in the fourth paragraph of article L. 951-1 and in the third paragraph of article L. 952 -1 also allocate to the national fund a percentage of between 5% and 10% of the amount of contributions they have received from employers. The terms of repayment are defined by decree of the Council of State . “This same national fund collects the corresponding accounts for the management of collecting organizations. “Each year, it transmits these final accounts, as well as its own accounts, to the National Council for Lifelong Vocational Training. “

II. – Article 45 of the amending finance law for 1986 (n ° 86-1318 of December 30, 1986) is repealed.

Article 25

The National Guarantee Fund for Dockworkers established by Article L. 521-4 of the Maritime Ports Code is authorized to use part of its reserve fund to contribute to actions undertaken, from January 1, 2000, in favor of the hiring and vocational training of dockworkers. A decree specifies the terms of use of this reserve fund.

The National Guarantee Fund for Dockworkers is also empowered, until June 30, 2005, to contribute in ports to effective reconversion actions for dockworkers, motivated by exceptional economic or social circumstances.

The methods of implementation and control of the measures provided for in the preceding paragraph as well as the financial level of its participation are determined by the board of directors of the fund.

Chapter VIII
The concerted implementation of vocational training policies and the monitoring of vocational training

Article 26

It is inserted, in chapter I of title IV of book IX of the labor code, before article L. 941-1, an article L. 941 as follows:

“Art. L. 941. – The joint collecting bodies mentioned in article L. 961-12 and the national fund established by article L. 961-13 transmit to the State, under conditions set by decree in the Council of State : “1 ° Physical and accounting data relating to the actions that they help to finance; “2 ° Aggregated and gendered data on the characteristics of the beneficiaries of the actions carried out; “3 ° Information relating to the beneficiaries mentioned in 2 ° and intended for the constitution of statistically representative samples.

“In the event that a collecting body mentioned in the first paragraph refuses or neglects to establish and transmit this information, the representative of the State may put it on notice to do so.

“The State makes available to Parliament, the National Council for Lifelong Vocational Training, the organizations mentioned in Article L. 411-1, the Superior Council for the professional and social reclassification of disabled workers and of the National Consultative Council of People with Disabilities the results of the use of the data collected in application of this article and ensures their regular publication. ”

Article 27

I. – The labor code is thus amended:

1 ° Article L. 116-2 is thus amended:

a) The third sentence of the second paragraph is worded as follows:

“When the agreements are signed by the State, the decision is taken after an opinion, issued under conditions defined by decree , of the National Council for Lifelong Vocational Training. “; b) In the third paragraph, the words: “of the standing committee of the National Council for Vocational Training, Social Promotion and Employment” are replaced by the words: “of the National Council for Lifelong Vocational Training. of life ” ;

c) In the fourth paragraph, the words: “of the standing committee” are replaced by the words: “of the national council”;

2 ° In the first paragraph of Article L. 116-3, the words: “of the coordinating committee for regional apprenticeship and continuing vocational training programs” are replaced by the words: “, issued under the conditions defined by decree of the National Council for Lifelong Vocational Training ”;

3 ° In the first paragraph of Article L. 117-10, the words: “of the standing committee of the National Council for Vocational Training, Social Promotion and Employment” are replaced by the words: “, issued under conditions defined by decree, the National Council for Lifelong Vocational Training ”;

4 ° In the first paragraph of Article L. 118-2-2, the words: “of the coordination committee of regional apprenticeship and continuing vocational training programs” are replaced by the words: “, issued under conditions defined by decree of the National Council for Lifelong Vocational Training ”;

5 ° In the first paragraph of Article L. 118-2-4, the words: “of the coordination committee of regional apprenticeship and continuing vocational training programs” are replaced by the words: “, issued under conditions defined by decree of the National Council for Lifelong Vocational Training ”;

6 ° In the second paragraph of Article L. 119-4, the words: “of the National Council for Vocational Training, Social Promotion and Employment” are replaced by the words: “of the National Council for lifelong vocational training ”;

7 ° The first two paragraphs of Article L. 910-1 are replaced by four paragraphs thus worded:

“A National Council for Lifelong Vocational Training has been created: this council is responsible for promoting, at the national level, consultation between stakeholders for the design of vocational training policies and the monitoring of their implementation. , in conjunction with the regional coordination committees for employment and vocational training. It is responsible for evaluating regional policies for lifelong learning and vocational training. It advises on the legislation and regulations applicable to lifelong vocational training and apprenticeship.

“It draws up an annual report on the use of financial resources either collected or allocated to lifelong vocational training and apprenticeship. It thus ensures regular monitoring of the use of these funds. Every three years, it draws up an evaluation report on regional lifelong learning and training policies. These reports are sent to Parliament, regional councils and regional coordination committees for employment and vocational training.

“It is made up of elected representatives of regional councils, representatives of the State and Parliament and representatives of the professional and trade union organizations concerned. It also includes people qualified in vocational training.

“The conditions for appointing members of the board and the exercise of its missions, in particular of control, as well as its operating procedures and reporting on its activity, are set by decree . “; 8 ° Article L. 910-2 is repealed. II. – The education code is thus amended: 1 ° Article L. 214-14 is repealed;

2 ° The provisions of the labor code reproduced in articles L. 237-1 and L. 431-1 are modified as a consequence of the modifications made by I of this article.

III. – The provisions of I and II are applicable from the date of publication of the implementing decree provided for in the fourth paragraph of Article L. 910-1 of the Labor Code.

Article 28

The third sentence of the third paragraph (3) of Article L. 920-4 of the Labor Code reads as follows:

“After a formal notice whose time limit is defined by decree , the registration is canceled by decision of the same administrative authority when it appears that the services provided do not correspond to the actions referred to in article L. 900-2 or when the rules defined in articles L. 920-1 and L. 920-13 are not respected. ”

Article 29

I. – The 1 ° of article L. 991-1 of the labor code is supplemented by the words: “and the actions provided for in articles L. 900-2 and L. 900-3 which they lead, financed by the State, local communities or organizations that collect funds for continuing vocational training ”.

II. – In 3 ° of the same article, the words: “or carried out under the contracts mentioned in article L. 981-7” are deleted.

III. – The first paragraph of article L. 991-4 of the same code reads as follows:

“The agents mentioned in article L. 991-3 are authorized to verify that employers have satisfied the obligations imposed by article L 931-20 and by chapters I, II and IV of title V of this book. ”

IV.

“Employers are required to justify the reality of the actions they take when they are funded by the State, local communities or organizations that collect funds for continuing vocational training. Otherwise, these actions are deemed not to have been carried out. ”

V. – The last paragraph of Article L. 991-8 of the same code reads as follows:

” When the inspections revealed the non-execution of actions financed by the State, local authorities or fund-raising organizations of continuing vocational training, the administrative authority responsible for vocational training shall inform them, each as far as he is concerned, at the end of the adversarial procedure provided for in the second paragraph. ”

VI. – In the second paragraph (1 °) of article L. 993-3 of the same code, the words: “pursuant to articles L. 951-1, L. 952-2, L. 953-1 of this code and of article 30 of the finance law for 1985 (n ° 84-1208 of December 29, 1984) ”are replaced by the words:“ by virtue of articles L. 931-20, L. 951-1, L. 952 -1, L. 953-1, L. 953-3, L. 953-4 and L. 954 ”.

VII. – In the third paragraph (2 °) of the same article, the words: “, of a collecting organization or of a mutualisation organization referred to respectively in Articles L. 961-9, L. 951-1, third paragraph (1 °), L. 952-1 of this code and 30 of the aforementioned 1985 finance law, or of a body referred to in the fifth “are replaced by the words:” or of a collecting body mentioned in Articles L. 961 -9, L. 961-10, L. 951-1, L. 952-1, L. 953-3 and L. 953-4, from the national fund mentioned in article L. 961-13 or from a body referred to in the fifth ”.

VIII. – In the third paragraph of article L. 991-3 of the same code, after the words: “The tax administration”, are inserted the words: “, the collecting bodies mentioned in articles L. 951-1, L. 952 -1, L. 953-1, L. 953-3, L. 953-4, L. 961-9 and L. 961-10, the national fund mentioned in article L. 961-13 ”.

Chapter IX

Apprenticeship

Article 30

I. – Article L. 117-3 of the Labor Code is supplemented by five paragraphs worded as follows:

“The upper age limit provided for in the first paragraph is waived in the following cases:

” 1 ° When the proposed contract follows a previously signed apprenticeship contract and leads to a higher level of qualification than that obtained at the end of the previous contract;

“2 ° When there has been a breach of contract for causes beyond the apprentice’s control or following the latter’s physical and temporary incapacity;

“3 ° When the apprenticeship contract is signed by a person who is recognized as a disabled worker and whose maximum age, fixed by decree , cannot be greater than thirty years.

“The conditions of application of these exemptions, in particular the maximum period within which the apprenticeship contract mentioned in 1 ° must be taken out after the expiration of the previous contract, are fixed by decree . ” II. – In the first sentence of article L. 119-5 of the same code, the words: “at the maximum age for admission to apprenticeship,” are deleted.

Article 31

Chapter V of Title I of Book I of the Labor Code is supplemented by an article L. 115-3 worded as follows:

“Art. L. 115-3. – The employment contract of indefinite duration may, by agreement between the employee and the employer, be suspended for the duration of an apprenticeship contract concluded with the same employer.

“The duration of the suspension of the employment contract is equal to the duration of the training necessary to obtain the professional qualification sought, provided for in 1 ° of article L. 115-1. ”

Article 32

I. – In Article L. 117 bis-3 of the Labor Code, the words: “seven hours” are replaced by the words: “eight hours”.

II. – In article L. 212-13 of the same code, the words: “seven hours” are replaced by the words: “eight hours”.

Article 33

In Article L. 117-13 of the Labor Code, the words: “over two months” are replaced by the words: “over three months”.

Chapter X

Transitional and final provisions

Article 34

The provisions of article 30 of the finance law for 1985 (n ° 84-1208 of December 29, 1984), of article 25 of law n ° 98-657 of July 29, 1998 relating to the fight against exclusions and Article 2 of Law No. 2001-624 of July 17, 2001 on various social, educational and cultural provisions are repealed, subject to the following provisions:

I. – From the date of publication of this law, the joint collecting bodies approved under article 30 of the aforementioned 1985 finance law are authorized to collect the funds mentioned in the fourth paragraph (2 °) of Article L. 951-1 and the third paragraph (1 °) of Article L. 952-1. The provisions of article 30 of the aforementioned 1985 finance law are applicable to these bodies until June 30, 2004.

II. – Work-study integration contracts defined in Title VIII of Book IX of the Labor Code in its drafting prior to the publication of this law and the contracts mentioned in Article 25 of Law No. 98-657 of July 29 1998 mentioned above can be concluded until September 30, 2004. These provisions and the provisions of article 30 of the aforementioned 1985 finance law are applicable to them until their term if they are for a fixed term or until the end. of the qualification or adaptation period if they are for an indefinite period.

III. – The professionalization contracts defined in Chapter I of Title VIII of Book IX of the Labor Code in the version resulting from Article 13 of this law may be concluded as of October 1, 2004. The provisions relating to the defined professionalization periods in chapter II of the same title in the wording resulting from article 14 of this law may be implemented from that same date.

Article 35

In the agricultural professions defined in 1 ° to 4 ° of article L. 722-1 of the rural code as well as in cooperatives for the use of agricultural equipment, the minimum percentage indicated in the first paragraph of article L. 952- 1 of the labor code is set at 0.25%. Extended branch agreements, concluded before June 30, 2004, may provide for the modalities for changing this minimum rate, which may not be less than 0.55% on January 1, 2008. These agreements may also adjust the payments allocated to the various actions provided for by Articles L. 931-1, L. 931-20, L. 951-1 and L. 952-1 of the same code.

Article 36

The provisions of Article L. 932-1 of the Labor Code as drafted by this law are not opposable to branch or company collective agreements and agreements concluded before January 1, 2002.

TITLE II

SOCIAL DIALOGUE

Article 37

It is inserted, after article L. 132-2-1 of the labor code, an article L. 132-2-2 as follows:

“Art. L. 132-2-2. – I. – The validity of an interprofessional agreement is subject to the absence of opposition from the majority of the trade union organizations of representative employees within the scope of the agreement. The opposition is expressed within fifteen days from the date of notification of this agreement.

“II. – When a branch agreement or an extended professional agreement, concluded in accordance with the provisions of I, so provides, the validity of the conventions or agreements concluded in the same professional field of application is subject to their signature by one or more trade unions representing a majority of employees in the branch.

“The agreement or agreement mentioned in the previous paragraph defines the rule according to which this majority is assessed by retaining the results:

” a) Or a consultation of the employees concerned, organized periodically, with a view to measuring the representativeness of the organizations trade unions of branch employees;

“B) Either the last elections to works councils, or failing that, staff representatives.

“The consultation provided for in a, in which employees who meet the conditions set by Articles L. 433-4 or L. 423-7 participate, must respect the general principles of electoral law. Its terms and frequency are set by the branch agreement or the extended professional agreement mentioned in the first paragraph of this II. Disputes relating to this consultation come under the jurisdiction of the tribunal de grande instance.

“In the case provided for in b, the branch agreement or the extended professional agreement fixes the method of counting the results of professional elections.

“In the absence of the conclusion of the agreement or the extended agreement provided for in the first paragraph of this II, the validity of a branch agreement or a professional agreement is subject to the conditions provided for in I.

” III. – A branch agreement or an extended professional agreement concluded in accordance with the provisions of II determines the conditions of validity of the agreements or company or establishment agreements, by retaining one or the other of the modalities listed in 1 ° and 2 ° below:

“1 ° Either the agreement or the company or establishment agreement is signed by one or more trade union organizations of representative employees having received at least half of the votes cast in the first round of the last works council elections or, failing that, staff representatives; if the signatory employee unions do not meet the majority condition, the text may be submitted, under conditions set by decree and having to respect the general principles of electoral law, for approval, by a majority of the votes cast, employees of the company or establishment, on the initiative of the signatory employee unions,

“2 ° Either the agreement or the company or establishment agreement is subordinated to the absence of opposition from one or more trade union organizations of representative employees having received at least half of the votes cast in the first round of the last elections to the works council or, failing that, staff representatives. The opposition is expressed within eight days from the date of notification of this agreement.

“In the event of a lack of professional elections, when a union delegate has been appointed in the company or in the establishment, the validity of an agreement or a company or establishment agreement signed by this delegate is subordinate to

“When the convention or agreement concerns only a determined professional category falling within an electoral college defined in Article L. 433-2, its validity is subject to the signature or the absence of opposition by union organizations of representative employees having obtained at least half of the votes cast in this college.

“In the absence of an agreement or extended agreement as provided for in the first paragraph of this III, the validity of the agreement or of the company or establishment agreement is subject to its conclusion according to the terms defined in 2 °.

“IV. – The most diligent part of the signatory organizations of a convention or a collective agreement notifies the text of it to the

“V. – The opposition is expressed in writing and reasoned. It specifies the points of disagreement. It is notified to the signatories.

“Texts subject to majority opposition and texts which have not obtained the approval of the majority of employees are deemed unwritten. The agreements mentioned in I, the conventions and extended agreements mentioned in the first paragraph of II, the conventions and agreements mentioned in the last paragraph of II and in the third, fifth and sixth paragraphs of III cannot be filed in application of article L. 132-10 only at the end of the opposition period. ”

Article 38

After article L. 132-5 of the labor code, an article L. 132-5-1 is inserted as follows:

“Art. L. 132-5-1. – The applicable collective agreement is the one to which the main activity carried out by the employer relates. In the event of a competition of activities making the application of this criterion uncertain for the attachment of a company to a contractual field, collective agreements and professional agreements may, through reciprocal clauses of an identical nature, provide for the conditions under which the company determines the conventions and agreements that are applicable to it. ”

Article 39

The last paragraph of Article L. 132-11 of the Labor Code is deleted.

Article 40

Article L. 132-7 of the Labor Code reads as follows:

“Art. L. 132-7. – The collective labor agreement and agreement provide for the forms in which and when they may be renewed or revised.

“Trade unions of representative employees within the meaning of Article L. 132-2 which are signatories to a collective labor agreement or agreement or who have adhered to it in accordance with the provisions of Article L. 132-9 are the only ones authorized to sign, under the conditions referred to in Article L. 132-2-2, the amendments revising this convention or this agreement.

“The rider revising all or part of the agreement or collective agreement automatically replaces the stipulations of the agreement or the agreement that it modifies and is enforceable, under the conditions set out in article L. 132-10, to all employers and employees bound by the collective labor agreement or agreement. ”

Article 41

Article L. 132-13 of the Labor Code is thus amended:

1 ° The first paragraph is completed by the words: “, on condition that the signatories of this convention or this agreement have expressly stipulated that it cannot be waived in whole or in part ”;

2 ° The second paragraph is completed by the words: “if a provision of the convention or of the higher level agreement expressly provides for it”.

Article 42

Article L. 132-23 of the labor code is supplemented by two paragraphs worded as follows:

“In terms of minimum wages, classifications, collective guarantees mentioned in article L. 912-1 of the social security code and for the pooling of funds collected under Book IX of this code, the company or establishment agreement or agreement may not include clauses derogating from those of branch agreements or professional or inter-professional agreements.

“In other matters, the convention or the company or establishment agreement may include provisions derogating in whole or in part from those which are applicable to it by virtue of a convention or an agreement covering a territorial field or broader professional, unless this convention or agreement provides otherwise. ” (Decrees)

Article 43

I. – The Labor Code is thus amended:

1 ° The second paragraph of Article L. 122-3-4 is thus amended:

a) In the third sentence, after the word: “extended”, the words are inserted : “Or a convention or a company or establishment agreement”;

b) In the fourth sentence, after the word: “extended”, the words: “or the company or establishment convention or agreement” are inserted;

2 ° The first sentence of Article L. 124-4-1 is completed by the words: “or company or establishment agreement or agreement”;

3 ° In the fifth paragraph (1 °) of Article L. 124-4-4, after the words: “of employees of the temporary employment branch”, the words: “, or if an agreement or agreement concluded within companies or establishments in this branch ”;

4 ° Article L. 124-21-1 is supplemented by the words: “or company or establishment convention or agreement”;

5 ° Article L. 212-4-4 is amended as follows:

a) In the first sentence of the first paragraph, after the word: “extended”, the words: “or an agreement or a company agreement or establishment ”;

b) In the second sentence of the first paragraph, after the word: “extended”, are inserted the words: “or the convention or the company agreement or

c) In the second paragraph, the words: “To be able to be extended, the branch agreement or collective agreement” are replaced by the words: “The collective agreement allowing the exemptions provided for in the first paragraph”;

d) In the first sentence of the third paragraph, after the words: “of the code of social action and families,”, the words are inserted: “or an agreement or an agreement of enterprise or establishment”;

6 ° Article L. 212-4-6 is thus amended:

a) In the sixth paragraph (4 °), the words: “only an agreement or an extended branch collective agreement” are replaced by the words: “an agreement of branch or an extended professional agreement or an agreement or a company or establishment agreement ”;

b) The tenth paragraph (8 °) is completed by the words: “or company or establishment agreement or agreement”;

7 ° The first sentence of I of Article L. 212-5 is completed by the words: “or an agreement or a company or establishment agreement”;

8 ° In the first sentence of Article L. 212-5-2, the words: “, concluded in application of Article L. 122-3-16, may, if extended, and” are replaced by the words: “extended or an agreement or a company or establishment agreement, concluded in application of Article L. 122-3-15, may,”;

9 ° In the second paragraph of Article L. 212-6, after the word: “extended”, the words are inserted: “or by an agreement or a company or establishment agreement”;

a) In the first sentence of the second paragraph, after the word: “extended”, are inserted the words: “or by convention or agreement of enterprise or establishment”;

b) In the second sentence of the third paragraph, after the word: “extended”, are inserted the words: “or an agreement or an agreement of enterprise or establishment”;

c) In the last sentence of the third paragraph, the words: “in the absence of an agreement or extended branch agreement” are deleted;

11 ° Article L. 220-1 is amended as follows:

a) In the second paragraph, after the word: “extended”, the words: “or an agreement or a company or establishment agreement” are inserted;

b) In the last paragraph, the words: “extended collective” are deleted;

12 ° In the first sentence of the last paragraph of Article L. 221-4, after the word: “extended”, the words: “or an agreement or a company or establishment agreement” are inserted;

13 ° Article L. 221-5-1 is thus amended:

a) In the first sentence of the first paragraph, after the words: “An extended collective agreement or agreement”, the words are inserted: “or an agreement or a company or establishment agreement ”;

b) The second paragraph is deleted;

c) In the third paragraph, the words: “extended collective” are deleted;

d) The penultimate paragraph reads as follows:

“In the absence of an agreement or agreement, the use of the exemption provided for in the first paragraph is subject to the authorization of the labor inspector given after consultation of the union representatives and opinion of the works council or of the staff representatives , if they exist, under conditions determined by decree of the Council of State. “;

14 ° In the antepenultimate paragraph of Article L. 236-10, the words: “the branch collective agreement” are replaced by the words: “by collective agreement or collective agreement”.

II. – The rural code is thus amended:

1 ° The first sentence of I of article L. 713-6 is supplemented by the words: “or an agreement or a company or establishment agreement”;

2 ° In the first paragraph of Article L. 713-7, the words: “or an establishment agreement” are replaced by the words: “or a company or establishment agreement”;

3 ° The second paragraph of Article L. 713-11 is supplemented by the words: “or a company or establishment agreement”;

4 ° In the second paragraph of Article L. 714-2, after the word: “extended”, the words: “or a company or establishment agreement” are inserted;

5 ° Article L. 714-3 is amended as follows:

a) In the first sentence of the first paragraph, after the words: “an extended collective agreement or agreement”, the words are inserted: “or an agreement or an business or establishment ”;

b) The second paragraph is deleted;

c) In the third paragraph, the words: “extended collective” are deleted;

d) The last paragraph reads as follows:

“In the absence of an agreement or agreement, the use of the exemption provided for in the first paragraph is subject to the authorization of the labor inspector given after consultation with the union representatives and the opinion of the works council or staff representatives, if they exist, under conditions determined by decree of the Council of State. “;

6 ° Article L. 714-5 is amended as follows:

a) In the second paragraph, after the words: “extended collective”, the words: “or an agreement or a company or establishment agreement” are inserted. ;

b) In the last paragraph, the words: “extended collective” are deleted.

Article 44

After article L. 132-17 of the labor code, an article L. 132-17-1 is inserted as follows:

“Art. L. 132-17-1. – Branch conventions or professional agreements establish joint collective bargaining observatories. They set the terms according to which, in the absence of a contractual stipulation relating to the same subject, these observations are addressed to company or establishment agreements concluded for the implementation of a legislative provision. ”

Article 45

The hierarchical value accorded by their signatories to conventions and agreements concluded before the entry into force of this law remains opposable to lower level agreements.

Article 46

I. – Article L. 132-18 of the Labor Code is supplemented by the words: “and in the group”.

II. – After article L. 132-19 of the same code, an article L. 132-19-1 is inserted as follows:

“Art. L. 132-19-1. – The group convention or agreement sets its scope, consisting of all or part of the companies making up the group. The agreement or group agreement is negotiated and concluded between, on the one hand, the employer of the dominant company or one or more representatives, mandated for this purpose, of the employers of the companies concerned by the scope of the agreement or of the agreement and, on the other hand, the representative unions of employees, within the meaning of Article L. 132-2, in the group or in all the companies concerned by the scope of the agreement or the ‘agreement. For the negotiation in question, representative employee unions may appoint one or more group union coordinators chosen from among the group union representatives and empowered to negotiate and sign the group agreement or agreement. The group agreement or agreement has the same effects as the company agreement or agreement.

“The conditions of validity of company or establishment conventions or agreements provided for in III of Article L. 132-2-2 are applicable to group conventions or agreements. When the group comes under different branches and the conditions of validity provided for by these branches for agreements or company or establishment agreements differ, the condition of validity applicable to the agreement or group agreement is that set. in 2 ° of III of Article L. 132-2-2.

“Group conventions or agreements may not include provisions which derogate from those which are applicable by virtue of branch conventions or professional agreements to which the companies or establishments belonging to this group belong, unless expressly provided for in these branch agreements or professional agreements. ”

Article 47

Article L. 132-26 of the Labor Code reads as follows:

“Art. L. 132-26. – I. – When such an option is provided for by a branch agreement or an extended professional agreement, companies without a union representative may derogate from articles L. 132-2, L. 132-2-2, L. 132- 7, L. 132-19 and L. 132-20 under the conditions set out below.

“The branch agreement or the extended professional agreement fixes the subjects open to this derogatory mode of negotiation. It also determines the conditions for exercising the mandate of the employees referred to in III. It defines the procedures for monitoring the agreements thus concluded by the joint observatory of the collective bargaining branch mentioned in Article L. 132-17-1.

“II. – The branch agreements or the extended professional agreements mentioned in I may provide that in the absence of union representatives in the company or establishment, or of staff representatives acting as union representative in companies with less than fifty employees, elected employee representatives on the works council, or, failing that, employee representatives, can negotiate and conclude collective labor agreements.

“The company or establishment agreements thus negotiated acquire the quality of collective labor agreements within the meaning of this title only after their approval by a national joint committee of the branch, the operating methods of which are provided for by the branch agreement or extended professional agreement. In the absence of approval, the agreement is deemed unwritten.

“These company or establishment agreements can only come into effect after they have been filed with the administrative authority under the conditions provided for in Article L. 132-10, accompanied by the extract from the minutes of validation of the national joint committee of the competent branch. This commission may also be entrusted with monitoring their application.

“The branch agreement or the professional agreement mentioned in I determines the majority conditions of the company or establishment agreement negotiated in application of this II.

“III. – The branch agreements or the extended professional agreements mentioned in I may also provide that, in companies without a union representative and when a deficiency report has established the absence of elected employee representatives, company agreements or establishment are concluded by one or more employees expressly mandated for a specific negotiation, by one or more trade union organizations recognized as representative at the national level. For this purpose, the same trade union organization can mandate only one employee.

“The trade unions defined above must be informed at departmental or local level by the employer of his decision to enter into negotiations.

“Employees who, by virtue of the powers they hold, can be assimilated to the head of the company, as well as the employees related to the head of the company mentioned in the first paragraph of Articles L. 423-8 and L, cannot be appointed. . 433-5.

“The agreement signed by an authorized employee must have been approved by the employees by a majority of the votes cast, under conditions set by decree and having to respect the general principles of electoral law. In the absence of approval, the agreement is deemed unwritten.

“The company or establishment agreement signed by the authorized employee can only come into effect after having been filed with the administrative authority under the conditions provided for in article L. 132-10.

“The employee appointed under this article benefits from the protection provided for by the provisions of article L. 412-18 as soon as the employer becomes aware of the imminence of his appointment. The administrative authorization procedure is applicable to the dismissal of former employees mandated for a period of twelve months from the date on which their mandate ended.

“In the absence of an agreement, the protection period runs on the date of the end of the negotiation materialized by a report of disagreement.

“IV. – Company agreements concluded according to the terms defined in II and III may be renewed, revised or terminated according to the terms mentioned in these paragraphs respectively by the signatory employer, by the elected representatives of the personnel or by an employee appointed for this purpose. . ”

Article 48

I. – The title of section 4 of chapter II of title III of book I of the labor code reads as follows: “Joint committees”.

II. – Article L. 132-30 of the same code reads as follows:

“Art. L. 132-30. – Joint professional or inter-professional committees may be set up at local, departmental or regional level, by agreement concluded under the conditions provided for in Article L. 132-2.

“These joint committees:

“ 1 ° Contribute to the development and application of collective labor agreements and agreements, negotiate and conclude agreements of local interest, in particular with regard to employment and continuing training;

“2 ° Examine individual and collective complaints;

“3 ° Examine any other question relating to the employment and working conditions of the employees concerned.

“The agreements referred to in the first paragraph set out the modalities for exercising the right to be absent, compensation for lost wages or the maintenance thereof, as well as compensation for the travel expenses of employees called upon to participate. negotiations, as well as meetings of joint committees. These agreements also determine the terms of protection against dismissal of employees who are members of these committees and the conditions under which they benefit from the protection provided for by the provisions of Article L. 412-18. ”

Article 49

Article L. 135-7 of the Labor Code reads as follows:

“Art. L. 135-7. – I. – The conditions for informing employees and staff representatives on the contractual law applicable in the company and the establishment are defined by branch agreement or professional agreement. In the absence of an agreement or agreement, the terms defined in II apply.

“II. – At the time of hiring, the employee receives from the employer an information notice relating to the contractual texts applicable in the company or establishment.

“The employer bound by a collective labor agreement or agreement must provide a copy of this text to the works council and, where applicable, to the works councils as well as to the staff representatives and union representatives or employees appointed under the conditions provided for in III of article L. 132-26.

“In addition, the employer keeps an up-to-date copy of this collective agreement or collective agreement available to staff in the workplace. A notice is posted about it.

“In companies with an intranet, the employer provides employees with an up-to-date copy of the collective labor agreement or agreement by which he is bound. ”

Article 50

I. – The penultimate sentence of VIII of article 5 of law n ° 2000-37 of January 19, 2000 relating to the negotiated reduction of working time is completed by the years: “2004, 2005”.

II. – The provisions of I are applicable from January 1, 2004.

Article 51

I. – After article L. 132-5 of the labor code, an article L. 132-5-2 is inserted as follows:

“Art. L. 132-5-2. – The branch agreement or professional agreement provides for the procedures for taking into account in the branch or the company requests relating to negotiation topics from one or more representative employee unions, without prejudice to the obligations set out in articles L. 132-12 and L. 132-27. ”

II. – Article L. 133-5 of the same code is supplemented by a 16 ° worded as follows:

“16 ° The procedures for taking into account in the branch or the company requests relating to negotiation topics from one or more trade union organizations of representative employees. ”

Article 52

Article L. 412-8 of the Labor Code is supplemented by a paragraph worded as follows:

“A company agreement may authorize the provision of publications and leaflets of a trade union nature, either on a trade union site set up on the intranet of the company, or by broadcasting on the electronic mail of the company. In the latter case, this distribution must be compatible with the requirements for the proper functioning of the company’s computer network and not hinder the accomplishment of the work. The company agreement defines the terms of this provision or this method of distribution, by specifying in particular the conditions of access for trade unions and the technical rules aimed at preserving the freedom of choice of employees of accept or decline a message. ”

Article 53

Article L. 133-5 of the Labor Code is thus amended:

1 ° 1 ° is supplemented by the words: “, the career development of employees exercising union responsibilities and the exercise of their functions”;

2 ° It is re-established, after 2 °, a 2 ° bis as follows:

“2 ° bis The conditions for exercising negotiation and representation mandates at branch level; “.

Article 54

I. – The labor code is thus amended:

1 ° In the first paragraph of article L. 123-4, the words: “in accordance with the provisions of articles L. 132-18 to L. 132-26 of this code” are replaced by the words: “in accordance with the provisions of Articles L. 132-18 to L. 132-25”;

2 ° The third paragraph of Article L. 132-10 is deleted;

3 ° In the first paragraph of Article L. 212-4-6, the words: “not having been the subject of the opposition provided for in Article L. 132-26” are deleted;

4 ° In article L. 212-4-12, the words: “not having been the object of the opposition provided for in article L. 132-26” are deleted;

5 ° The first paragraph of Article L. 212-10 is deleted;

6 ° In II of article L. 212-15-3, the words: “and provided that this convention or agreement has not been the object of an opposition in application of article L. 132 -26 ”are deleted.

The first two sentences of the first paragraph of III of the same article are replaced by a sentence worded as follows:

“The collective agreement or agreement providing for the conclusion of fixed-price agreements in days must fix the number of days worked. “;

7 ° The second sentence of the last paragraph of Article L. 213-1 is deleted;

8 ° In the first paragraph of Article L. 227-1, the words: “not having been the subject of the opposition provided for in Article L. 132-26” are deleted.

II. – In 2 ° of II of article 2-1 of ordinance n ° 82-283 of March 26, 1982 establishing holiday vouchers, the words: “in the first two paragraphs of” are replaced by the word: ” at “.

III. – The first paragraph of article L. 713-18 of the rural code is deleted.

IV. – Article 17 of Law No. 99-532 of June 25, 1999 relating to savings and financial security is repealed.

Article 55

Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to amend, by ordinance, the Mayotte Labor Code (legislative part) to include and adapt the provisions of this title.

This ordinance will be taken, at the latest, eighteen months after the publication of this law. A ratification bill will be tabled in Parliament no later than six months from the publication of the ordinance.

Article 56

Before December 31, 2007, the Government presents to Parliament, after a reasoned opinion from the National Commission for Collective Bargaining, a report on the application of this title.

TITLE III

MISCELLANEOUS PROVISIONS

Article 57

Article L. 143-11-3 of the Labor Code is supplemented by a paragraph worded as follows:

“The insurance provided for in Article L. 143-11-1 does not cover the sums which contribute to the compensation of the damage caused by the termination of the employment contract in the context of dismissal for economic reasons, pursuant to a company or establishment or group agreement or a unilateral decision of the employer, when the agreement was concluded and filed or the decision notified less than eighteen months before the date of the judgment opening the reorganization or liquidation proceedings. ”

Article 58

The fifth paragraph of I of Article L. 129-1 of the Labor Code is supplemented by the words: “or a mobility aid in the local environment favoring their maintenance at home”.

Article 59

After the first paragraph of Article L. 441-2 of the Labor Code, a paragraph worded as follows is inserted:

“ Profit- sharing agreements, within the meaning of this chapter, concluded within a group of companies established in several member states of the European Union, are eligible for the aforementioned exemptions for the premiums paid to their employees by the companies party to the said agreements located in France. ”

Article 60

After the first paragraph of Article L. 442-1 of the Labor Code, a paragraph worded as follows is inserted:

“If a company that has entered into a profit-sharing agreement employs at least fifty employees, the obligations of this section only apply on the expiry date of the profit-sharing agreement. ”

Article 61

The last paragraph of Article L. 442-2 of the Labor Code is supplemented by a sentence worded as follows:

“It also determines the method of calculating the special profit-sharing reserve for companies located in free zones and exempt from income tax or corporate tax. ”

Article 62

After the third paragraph of Article L. 443-1 of the Labor Code, two paragraphs are inserted as follows:

“When the company has at least one union representative or has a works council, the Company savings should be negotiated with staff.

“If, at the end of the negotiation, no agreement has been reached, a report of disagreement is drawn up in which the respective proposals of the parties and the measures that the employer intends to apply unilaterally are recorded in their latest state. ”

Article 63

Chapter IV of Title IV of Book IV of the Labor Code is supplemented by an article L. 444-8 as follows:

“Art. L. 444-8. – In companies without a union representative where one or more employee representatives are present and where no profit-sharing or profit-sharing agreement is in force, the employer proposes, every three years, a review of the conditions under which implement one or more of the devices mentioned in Chapters I to III of this title. ”

This law will be enforced as a law of the state.

Done in Paris, May 4, 2004.

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