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Gayssot Decree of April 25, 2002

Last Updated on Sunday, 10 July 2011 05:34 Written by Administrator Sunday, 10 July 2011 05:25

The President of the Republic,
On the report of the Prime Minister, the Minister of Infrastructure, Transport and Housing and Minister for Employment and Solidarity,
Given the labor code, in particular Articles L. 132-4, L. 212-2 and L. 212-4;
Considering Decree No. 83-40 of January 26, 1983 as amended relating to methods for applying the provisions of the Labour Code concerning hours of work in road transport companies;
After consultation with organizations of employers and employees concerned;
The Council of State (section of public works and social section combined) course;
The cabinet heard
Decrees:

Art. 1. - The 3 of section 5 of the Decree of 26 January 1983 referred to above is replaced by the following:
"3o The length of time spent in the service of the employer, or time of service, freight train crews is determined under the following conditions:
"- The length of time of service for cranes" major road "or" long distance "is fixed at 43 hours per week or 186 hours per month as provided in paragraph 3 of Article 4 of this Decree;
"- The length of time to service other goods train crews, except for drivers email and mobile security companies, is set at 39 hours per week or 169 hours per month as provided in paragraph 3 of Article 4 of this Decree.
"Drivers are the mail train crews assigned, primarily, to organized services messaging, collection and delivery of goods or products as part of regular rounds required for the same shipment from door to door, operations consolidation and deconsolidation, and including the specific constraints of delivery.
"The cash couriers are the train crews assigned to transportation funds, jewels or precious metals. "

Art. 2. - It is inserted after the 3 of section 5 of the Decree of 26 January 1983 referred to above a 4o as follows:
"4o is regarded as overtime for the goods train crews, all hours of service time performed beyond the periods mentioned in 3o. These additional hours are eligible to compensatory rest required under Article L. 212-5-1 of the Labour Code.
"Are paid in accordance with custom or collective bargaining agreements in accordance with the fourth paragraph of Article L. 212-4 of the Labour hours of service time performed after the 36th hour a week, or the 153rd hour per month as provided in paragraph 3 of Article 4 of this Decree, and:
"- Until the 43rd hour a week, or 186th hour per month as provided in paragraph 3 of Article 4 of this Decree, goods train crews for" big road "or" long distance ";
"- Until the 39th hour a week, or 169th hour per month as provided in paragraph 3 of Article 4 of this Decree, for other goods train crews, except for drivers and email cash couriers. "

Art. 3. - The 7o of Article 5 of the Decree of 26 January 1983 referred to above is replaced by the following:
"7o Pursuant to Article L. 212-7 of the Labour Code, the length of time of service for freight train crews can not exceed the following maximum periods:

Art. 4. - The 9o of Article 5 of the Decree of 26 January 1983 referred to above is amended as follows:
I. - The second paragraph is replaced by the following:
"The terms of service time set at 7 ° of this section may be modified by sectoral collective agreements, with respect to maximum limits and periods, in accordance with provisions more favorable to employees, in particular to take into account the actual legal working 35 hours by Article L. 212-1 of the Labour Code. "
II. - The third and fourth paragraphs are repealed.

Art. 5. - For train crews, other than goods train crews "major road" or "long distance" operators of messaging and mobile security companies, and with a view to reduce service time, the Minister for Transport will make every year, an evaluation of working conditions, taking into account in particular progress in reducing working time, changes in operating constraints of the companies involved and the consequences of the entry into force of European regulations on working time of persons performing mobile road transport activities. Based on the results of this evaluation and after consulting the trade unions of employers and employees representing the sector, can be determined, for the employees concerned, or by decree issued after conclusion of a convention or a sectoral agreement, either by decree of the Council of State, the timing and modalities of gradual transition to the common law system.

Art. 6. - In the first paragraph of Article 11 of the Decree of 26 January 1983 referred to above, the words "labor inspectors transport" are replaced by the words "labor inspectors."

Art. 7. - This Decree shall enter into force on the first day of the month following its publication, with the exception of arrangements for drivers messaging and cash couriers to take effect the first day of fourth month following publication.

Art. 8. - This decree shall be published in the Official Journal of the French Republic.

Done at Paris, April 25, 2002.

Jacques Chirac
By the President of the Republic:

Prime Minister
Lionel Jospin
The Minister for Infrastructure,
Transport and Housing
Jean-Claude Gayssot

The Minister for Employment and Solidarity,
Elisabeth Guigou