Enterprise Agreement on the establishment of the annual fee in days of Supervisors Darty Provence Mediterranean
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Between the undersigned,
Darty Provence Mediterranean Society, represented by Mr., as Director of Human Resources
one hand, and
PREAMBLE
Branch DARTY Provence Mediterranean willing to negotiate and sign with the trade unions undersigned a company agreement on the establishment of the annual fee in days for the status of supervisors.
The contents of this agreement aims to adapt the organization of work and the time countdown work, some non-managerial categories, with reference daily.
It was agreed that the purpose of this agreement is not intended to damage the current modes of operation, nor the working conditions of supervisors, particularly in terms of working hours.
These provisions are set forth in Articles L 212-15-3 et seq work and the law of August 2, 2005, No. 2005-882.
ARTICLE 1:
are concerned supervisors subsidiary DARTY Provence Mediterranean. Is considered an employee Control Officer with the level and step IV-1, IV-2 and IV-3 under the collective agreement and assumes the duties of supervisors whether in a retail outlet, a Service After Sale , a delivery platform or head office and any activity that could be related to the subsidiary DARTY Provence Mediterranean. This statute covers two different situations: the supervisors in positions of supervision and supervisors with the characteristic of specific skills. The Supervisors are considered independent because of their status which differentiates them from other employees non-managers (except self technicians subject to annual fixed in days) and their responsibilities for certain, result from a kind of delegation or extended supervision of the company. In this context, the Master Agent status allows the employees concerned have considerable autonomy in organizing their work, their team, their schedule but also in taking responsibilities and decisions that 'they are required to take in the scope of their duties as a member of management occupations.
Therefore it is agreed that the supervisors have a duration of working time that can not be predetermined and enjoy real autonomy in organizing their schedules for carrying out the responsibilities entrusted to them.
Thus the foreman who comes within a predetermined program by the company is authorized, subject to the financial impact of proposed measures requiring the consent of the employer, take all initiatives to optimize its work and customer satisfaction. These initiatives have proved, for example, autonomy Agent Control in organizing schedules to fit his team attendance at the event, in decision-making to meet the expectations and demands of customers in opening or closing the store, the VAS platform or delivery schedules as defined by the company, ... This list is not exhaustive.
It was also agreed that the passage under the Convention in days of annual package will be on a voluntary basis and is subject to individual agreement and writing that takes the form of an addendum to the employment contract, called Convention. This individual agreement will become final only after a probationary period of two months.
It was agreed that volunteering is total and that no pressure could be brought to compel an officer maîrise the signing of the addendum to his contract of employment.
ARTICLE 2:
Employees Supervisors meets the conditions defined above have a reference and a breakdown of their working time in days.
time work of these non-managerial employees subject to an annual breakdown in actual working days with a maximum of 215 days plus the day of solidarity, by year (from June 1 to May 31 N N +1) and taking into account the maximum number of holidays as defined in Article L.223.2 of the Labour Code (ie 25 business days). The non-working days are to be taken under the conditions laid down in agreements ARTT form of days off.
Assuming the maximum of 215 days per year, plus the day of solidarity, would be exceptionally exceeded, it could in any event not exceed 218 days per year. The number of exceedance days, plus the legal rate of increase (currently 25%) after deduction of deferred paid leave may be given to the employee concerned in the form of days off in the first three months of the next period. This reduces the number of days annual cap of the year in which they are made.
If the employee concerned by the excess of his annual working days and the company management wants the number of exceedance days may be paid at the statutory rate of increase. Preference payment plus exceedance days should be expressed by the employee concerned in writing and during the month of June.
For the first year of implementation, the package will be defined by days from the date of entry into force of the amendment agreement to pass days in proportion to the number of months remaining until 31 May. At the date of application of the endorsement package of days, it will set the count of hours worked since the preceding June 1 and that given the number of CP still required. The result will be reduced to the number of months worked during that period. If the average hours worked surplus proratée modulation, compensation in days of rest will be done.
The legal provisions regarding daily rest are applicable in accordance with Article L.220-1 of the Labor Code.
A convention providing this package of days of actual work over the year will be concluded between the employee and the company. This convention will be recalled in particular the elements that justify the autonomy available to the employee for performing his mission. This agreement replaces the employee concerned the provision in the agreement on shorter working week and duration of work organization.
ARTICLE 3: The amplitude indicative
days Working Foreman is set between 6 and 10 o'clock. Only exceptional circumstances and days of inventory might justify a departure from these limits.
are reminded that autonomy in the work does not mean total independence, as supervisors concerned may be led, up to six weeks per year and more than two consecutive weeks unless the employee agrees, in periods of high activity to work up to 6 days a week to respond to customer needs or the needs of the company's business. Also supervisors concerned they inform their charge each month to which they refer and who is responsible for monitoring and enforcement of these provisions. The manager informs the personnel department for days off taken by the foreman.
Each year, during an interview with the head, an assessment will be made with individual Supervisors to discuss the impact of the scheme on the organization of work schedules and the amplitude of the load work of the employees concerned.
The above limits are established to ensure compliance with the provisions of the maximum hours of work but can not in no case serve as a reference to a wage determination since the remuneration paid to supervisors is fixed and can not be determined in relation to hours of work.
Given its autonomy, planning for the days worked by the hierarchy will be in consultation with the Master Agent annual fee in days and given the constraints of activity, operational requirements and service expected by our customers.
In these circumstances and given the specificity of the category of employees covered by the package days, and the absence of predetermination of their work schedules, the parties consider that compliance with contractual and legal provisions will be followed by a declaration system.
Each employee involved in the annual working days every month to sign the form at his disposal for this purpose, which will ensure as far as number of days worked by integrating weeks 6 days.
ARTICLE 4:
It was agreed that an allowance of autonomy called for an amount of 45 euros monthly gross (forty five euros gross) will be paid from the date of entry into force of individual agreement of package. This lump sum will continue until the individual agreement of annual package in days will not be questioned.
ARTICLE 5:
He finally agreed that follow-up meetings will be held between management and unions signatory to assess the modalities for the implementation of annual fixed days and consider its possible application to improvement of the One of the signatories.
ARTICLE 6:
This agreement will apply from 1 June 2006 is concluded for an indefinite period. It may be terminated by either party with a notice signed by three months by registered letter with return receipt addressed to the other signatories and in accordance with the provisions of Article 132-8 of the Labour Code.
ARTICLE 7:
Any provision modifying the contents of this document, that would be an agreement among the parties, will result in the establishment of an addendum to this Agreement.
ARTICLE 8:
Before its implementation, the council will be informed and consulted on the contents of this draft agreement.
ARTICLE 9:
This agreement will be filed in five copies to the Departmental Labour, Employment and Vocational Training of Marseille and a copy to the secretariat of the Labour Court of Marseille.
Made in Marseille, as many copies as required by law and there are parties
On April 27, 2006
For Darty Provence Mediterranean
