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Summary
A branch agreement was concluded in the non-contract private education sector on April 3, 2001. It was extended on 24 July 2002.This agreement establishes an equivalence schedule for staff responsible for night supervision of boarding schools, as long as they have an individual room. The last paragraph of Article L. 212-4 of the " A period equivalent to the legal period may be instituted in the professions and for specified jobs involving periods of inaction, either by decree made after the conclusion of a convention or by a branch agreement, or The purpose of this decree is thus to allow the application of this scheme to the night watchers of the boarding schools, as the social partners of the latter have wished. Article 1 of this Decree lays down the scope of its Provisions. It adopts the extended provisions of the scope of the agreement on the reduction of working time of 3 April 2001, supplemented by an amendment of 14 March 2002, with regard to the establishments concerned. In accordance with the terms of the agreement. Article 2 of this Decree defines the method of calculation of the equivalent duration. Thus, the hours worked, from the extinction of the fires at rise, are counted on the basis of one third of the time spent in the boarding school. It is specified that this method of calculation is without prejudice to the more favourable provisions of the uses or collective agreements or agreements. This clarification applies in particular to a clause in the Article of the Agreement of 3 April 2001 which expressly provides that the periods of activity of the supervisor during the night, necessitated by the use of outside intervention at the institution (doctor, Firefighter, police, etc.), are considered to be actual work and paid in addition. Text completely repealed effective 01-09-2008.
Keywords
SOCIAL AFFAIRS , SOLIDARITE , TEACHING , EDUCATIONAL INSTITUTION , PRIVATE EDUCATION , NON-CONTRACT PRIVATE EDUCATION , NON-CONTRACT PRIVATE ESTABLISHMENT , STAFF , NIGHT MONITORING , INTERNAT , INDIVIDUAL ROOM , CHANGE IN WORKING TIME , ARTT , REDUCTION OF WORKING TIME , RTT , DURATION OF WORK , LEGALE , WEEKLY DURA
JORF No. 8 of 10 January 2003 Page 553
Text N ° 6
DECRET
Decree n ° 2003-25 of 8 January 2003 on working hours in non-contractual private education NOR: SOCT0211932D ELI: http://www.legifrance.gouv.fr/eli/decret/2003/1/8/SOCT0211932D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2003/1/8/2003-25/jo/texte
The Prime Minister,
On the report of the Minister of Social Affairs, Labour and Solidarity,
Given the Labour Code, in particular Article L. 212-4;
Vu The agreement on the development and reduction of working time, collective foresight, vocational training concluded on 3 April 2001 and the amendment to this agreement on scope and foresight concluded on 14 March 2002, in Out-of-contract private education branch, extended by order as of July 24, 2002,
Describes:
Item 1
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The provisions of this Decree shall apply to staff responsible for night supervision of internats and having an individual room, who are employed by private educational establishments outside the Contract covered by the Agreement relating to the development and reduction of working time, collective foresight, vocational training of 3 April 2001, supplemented by the amendment to this Agreement relating to the scope and foresight of the 14 March 2002, extended by order as of July 24, 2002.
Item 2
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For the calculation of the legal duration, the hours worked by the supervisors referred to in Article 1 shall be counted, from the extinction of the lamps to rise, on the basis of a third of the time spent in the The establishment.
These provisions apply without prejudice to more favourable provisions of collective uses or collective agreements or agreements.
Article 3
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The Minister for Social Affairs, Labour and Solidarity is responsible for the execution of this Decree, which will be published in the Official Journal of the French Republic.
Done at Paris, January 8, 2003.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister of Business Social,
of work and solidarity,
François Fillon
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