Us,
MARSHAL OF FRANCE
HEAD OF The FRENCH STATE
The heard Council of Ministers,
DECRETONS:
TITLE FIRST
GENERAL PRINCIPLES
ARTICLE FIRST. - the occupations are distributed
between a determined number, industrial or commercial families.
These families, and the professions which compose them, are organized
under the general conditions fixed by the present law in order to
manage the professional interests jointly their members of all categories
and to assist in their the national economy, according to the directions
of the Authorities.
ARTICLE 2. Within the framework of this organization,
all the people taking part in an occupation enjoy rights and assume
duties, obligations and the responsabilités.Elles ones are
subjected to the general laws and professional payments, like with
the corporative decisions.
They take part obligatorily in the expenditure
(the operation of the groupings which they concern.
They have the duty to practise honestly, with regard
to the other members of la.profession, collaboration and the solidarity
which are the essential principles on-which rests the corporative
organization.
N the other hand, they profit from the statute
and the professional institutions, participentà the activity
of the organization to which they adhere directly, and are represented
in the constitutional national Assemblies.
They have the property of an occupational qualification
corresponding to their aptitude, which gives the employees, in exchange
of work corresponding, the right to the wages and advantages attached
to this qualification, in accordance with the payments of the profession.
The employers enjoy in their company the authority
which corresponds to the social responsibilities, technical and
financial that they assume.
The employers' function forces the duty to manage
the company for the common good of all its members.
ARTICLE 3. - Within the framework of the legislation
in force, the organized professions endeavour to ensure their members
the occupational safety and contribute to their greater comfort
and that of the people to their load, by the creation and the management
of social institutions of any nature.
ARTICLE 4. - the professional organization called
to know of all the economic social aspects of the occupation. However,
because of the circumstances and except exception envisaged in article
39, the questions of an economic nature will remain, until it is
differently decided by it, in attributions of the provisional Committees
of organization created pursuant to the law of August 16, 1940.
ARTICLE 5. - the lockout and the strike are and
remain prohibited.
TITLE II
CLASSIFICATION OF INDUSTRIES
TRADE AND PROFESSIONS
ARTICLE 6. - the organization envisaged by the present law is at
the same time social and professional; the activities to which it
bracket are done, consequently, the object of a double classification.
- For the questions of a social nature, the industrial
plants and commercial are distributed between a déte number
rminé professional families.
A distinct organization is carried out for each
one of these families and, possibly, within the framework of the
family by industry or profession.
For the questions of a professional nature, each
profession is attached to the one of the professional families selected
because. of its particular competence with regard to the profession
considered, with load by this family to constitute the organizations
qualified to deal with the problems of the professions which are
attached to him.
ARTICLE 7. - are excluded from the field of activity
of this law
- civils servant defined by article 2 of the law
of September 14, 1941 bearing general Staff Regulations of the civil
civils servant of the State and the Publicly-owned establishments
of the State;
- the members of the orders and the Personnel of
the professions governed by statutes, charters or legislative measurements
particular, provided these texts, will have been published subsequently
to July 15, 1940.
A payment of public administration will determine
under which conditions those of the provisions of this law which
are not incompatible with the law of September 14, 1941, relative
right of association year of the personnel not civil servant of
the public services exploited in control will have to be applied
to this personnel.
Agents of the public services industrial others
that those aimed by the above mentioned law of September 14 1941
are subjected to the provisions of this law. However, a particular
mode could be established for some of them by special laws.
ARTICLE 8. - will be approved by decrees the tables
fixing:
- nomenclature of the professional families
- the distribution of industries and trade between
professional families
the fastening of the professions to the professional
families
- the correspondence enters the sionnelles profes-
families and the provisional Committees of organization established
pursuant to the law of August 16, 1940.
TITLE
III
CHAPTER FIRST
TRADE UNIONS
ARTICLE 9. - members of the Professions sont.groupés in trade
associations.
In the same district, for the same profession,
industry or professional family, and the same category of members,
it will be formed a single trade association.
The conditions under which will be formed the new
single trade unions on the basis of, orga- nisms existing will be
fixed by decree.
ARTICLE 10. The trade associations are consisted
distinct categories members.
Are regarded as being able to form a distinct caté-
gorie:
1° employers;
2° workmen;
3° employees;
4° supervisors;
5° engineers, executives administration and
commercial.
The similar categories can be amalgamated in particular
when manpower of the one of them are insufficient to constitute
a distinct organization.
Is regarded as pertaining to the category of the
employers the management staff having received delegation of the
authorized signature of an owner or a company.
Among the members of the co-operative companies,
the President and the General manager are regarded as pertaining
to the category of the employers; the other members are included
in the category arising to their professional function.
ARTICLE 11. - Constituted to directly gather the
members of the professions to the first degree, the trade associations
are local.
Their territorial district, which remains néan-
less variable according to the areas and the professions, will be
given in, each case by the Commissions envisaged in article 77,
being heard:
- that a trade union will include in theory the
personnel of several companies;
- that there will not be necessarily similarity
between the districts of the trade unions of the various categories.
ARTICLE 12. All the people, whatever their age
and their nationality, exerting occupational uneactivity, are registered
of office to the trade association of their category, their district
and their profession, under the responsibility of this trade union,
unless they - do not justify of their inscription in one of the
organizations envisaged in chapter III of title IV
Any trade unionist little; to be excluded by decision
from the regional social Committee from the profession one from
the group from professions after opinion from the office from the
trade union, either for violation serious or repeated industrial
legislation or payments corporative, or for contrary activity with
the general interest of the country, or for reasons for order publishes.
It could be made call of the decisions of the regional
social Committee before the national social Committee which rules
in last spring.
The people excluded from a trade union do not take
part any more in the activity of this organization but remain subjected,
with the corporative obligations and duties.
INTEGRATION OF The CRAFT
INDUSTRY IN The TRADE-UNION ORGANIZATION
ARTICLE 13.- the craftsmen constitute, in theory,
a special section of the trade associations.
To establish a correspondence between the Rooms
of trades and the trade-union organizations, the craftsmen are divided
within the Rooms of
trades, in sections professional with; these sections correspond
to the professions or group to professions having given place to
the formation of trade associations.
A representation, guarantors with their importance
in the profession one groups it professions, is assured, with the
craftsmen in the trade-union Councils and corporative organizations
of the various levels.
ATTRIBUTIONS.
ADMINISTRATION AND OPERATION OF THE TRADE UNIONS
ARTICLE 14.- attributions of the trade associations
are:
- the encadrementet the representation of their
nationals;
- transmission or execution of the corporative
decisions;
- the study of the professional for the presentation
of suggestions, corporative questions
- the possible search for the solutions to be applied
to the problems interesting their own members in their territorial
district.
They exclude strictly any political activity or
denominational.
ARTICLE 15.- the trade associations can, without
authorization, to acquire subject to payment, to have and manage
the buildings and movable goods intended for their administrative
operation and the meeting of their members.
They have the funds coming from the contributions
from their members within the limit necessary to their operation
and manage these funds.
They can be party to legal proceedings.
ARTICLE 16. - the trade association is directed
by a Board of directors whose composition and mode of designation
will be fixed by decrees.
The Board of directors elects his composed office,
in theory, of four members.
Of the Boards of directors only the people of French
nationality of origin, could have been members at least 25 years
old, not having incurred any judgment for crime one defamatory offence,
justifying of all their civil laws and following the occupation
for at least five years including two years in the district of the
trade union.
The same person cannot exert more than two successive
mandates, except exemption granted under conditions which will be
fixed by the decrees envisaged at the subparagraph first of this
article.
The renewal of the Councils and Bureaux always
takes place by fraction.
ARTICLE 17. - the statutes and the reglementation
of the trade associations must be adopted by the national social
Committee of the profession or the group of professions, unless
they are not in conformity with a model-type which will be established
by decree in Council of State.
The Board of directors deliberates in the majority
on the members present. The votes take place with the secret vote.
ARTICLE 18. - the administrative expenditures of
the professional organizations are covered by a contribution of
the social Committee corresponding and by a contribution of the
participating members.
CHAPTER
II
UNIONS AND FEDERATIONS
ARTICLE 19.- It is instituted, by profession or
group of professions, and by distinct category, of the Unions and
the professional Federations.
The Unions gather, at the regional level, of the
representatives of the Councils of the trade associations.
The Federations gather, on the national level,
of the representatives, the regional Unions. Certain seats can be
reserved to people having a social action on the national level,
and having or directing companies in several areas. The holders
of these seats will be designated by decree of the Secretary of
State to Work, on a proposal from the national social Committee
of the profession.
For the same professional family or the same profession,
and for the same category of members, it cannot be formed, quune,
only Union by area and only one Federation.
The Unions and Federations elect their Boards of
directors which indicate in their turn their offices.
A decree will fix the conditions of nomination
members of the Unions and Fédérations, the composition
- of these organizations and that of their Board of directors and
office.
The members of the Unions and Fédérations
must answer the conditions fixed at article 16.
ARTICLE 20.- the Unions and the Federations ensure
the coordination of the trade-union organization, their activity
is exerted under the aegis and according to directives' of the social
Committees functioning at their level.
They have the capacity defined in article 15 for
the trade unions.
ARTICLE 21.- the statute and the rules of procedure
of the professional Unions must be approved by the qualified national
social Committee.
For the Federations, these documents are approved
by the Secretary of State to Work, after opinion of the Secretaries
of State to which the family or the interested profession belongs.
ARTICLE 22. - the provisions envisaged with the
rear ticle 18 for the trade unions are applicable to the professional
Unions and Fédérations.
TITLE
IV
SOCIAL COMMITTEES
AND CORPORATIONS
CHAPTER FIRST
SOCIAL COMMITTEES DENTREPRISES
ARTICLE 23.- collaboration between employers and
paid is obligatorily organized in the establishments whose manpower
is at least equal to hundred workmen or employees, within "social
Committees of establishments" which gather the head of company
and the representatives of all the categories of the personnel.
ARTICLE 24.- the social Committees of établissemenu
carry out with the first degree social and professional collaboration
between the direction and the personnel.
Their attributions exclude any interference in
control and the business management and in the questions overflowing
the manager of this company; under these reserves, they are exerted
in the broadest direction, in particular for:
- to help the direction to solve the questions
relating to the work and the life of the personnel in the establishment;
- to cause a mutual exchange of information on
all the questions interesting the social life of the personnel and
the families;
- to carry out measurements of social mutual aid
within the framework of activity of the local social Committee corresponding.
Their operating mode is left with their own initiative.
They are placed under the corporative authority
and the control of the local social Committee of the profession.
ARTICLE 25. - For the companies comprising of the
multiple establishments of weak manpower, it could be consisted
of the social Committees of company ises joining together the personnel
of these establishments existing in the same area.
ARTICLE 26.- the first social Committees of establishments
will be consisted the representatives of the various categories
of personnel of the establishment, in agreement with the head of
the establishment.
The local social Committee gives its approval to
]à composition of the social Committee of establishment;
it referee the litigations which can naitre at the time of its constitution.
CHAPTER
II
SOCIAL COMMITTEES BY FAMILY
PROFESSIONAL OR PROFESSION
ARTICLE 27. - It is created in each professional family or profession
and with each level room, regional and national, a corporative organization
with social and professional competence which takes the liter respectively
- of local, regional and national Committee social.
ARTICLE 28. - the local social Committee at least
includes/understands twelve members and twenty-four-with more, taken
in the offices of the existing trade associations, for the family
or the profession, in the district.
The members are divided formed by in three equal
Groups:
- the category "employers";
- categories "workmen" and "employed",
in a roportion corresponding to the industrial prevalence one commercial
of the family or the profession considered other categories.
The social Committee appoints three presidents
constituting his office, selected each one in one of the groups
defined above and chairing in turn per period eight month.
ARTICLE 29. - the regional and national social
Committees are formed, like the local Committees, on the tripartite
mode, their office is made up and functions under the same conditions
as those which are planned for the local Committees.
The members of the regional social Committees are
designated by category, by the local social Committees. The members
of the national social Committees are designated by category, by
the regional social Committees. A certain number of them are obligatorily
selected among the members of the offices of the professional organizations
of the corresponding level.
Manpower of the regional and national Committees
and the conditions of nomination members of the social Committees
at the various levels room, regional and national will be fixed
by decrees contresigned by the Secretary of State at Work.
ARTICLE 30. - the social Committee constitutes
itself in Joint Committees, of importance and variables composition,
to treat the various categories of questions which enter its attributions.
It can associate to entrust to them, under its
responsibility, a role of study or action, Joint Committees taken
out of its centre.
The members of these commissions are selected in
the councils of the trade unions, unions or federated tions or,
apart from these organizations, among the people qualified by their
activity one them social competence.
The social Committee can be, constantly, convened
by the President-in-Office or on the request of the one of the other
presidents.
Each social Committee establishes its statute and
its rules of procedure; these documents must be approved by the
Committee established at the higher level.
The statutes and reglementations of the national
Committees are adopted by decrees of the Secretary of State to Work,
after opinion of the Secretary of State which the profession or
the professional family concerns.
The social Committees sit at the common House created
by article 50.
ATTRIBUTIONS
OF THE SOCIAL COMMITTEES
ARTICLE 31. - attributions of the social Committees
are of a professional and social nature; it, exclude any activity,
policy or denominational.
In the professional order, they comprise in particular:
- questions of wages and collective agreements;
- questions of vocational training training, improvement,
reclassification, schools of frameworks, etc;
- development of the regulations on the recruitment
and the dismissal
- the study and the application de& measurements
relating to the hygiene and the occupational safety.
The questions of salary, of different wages interesting
particularly a category, could be discussed paritairement between
the representatives of this category and that of the employers.
ARTICLE 32. - Moreover, for each profession which
is organically attached to him under the conditions envisaged in
article 6, the social Committee studies, develops or applies the
provisions relating to the practice and the property of the trade,
the occupational qualification and working promotion.
The Commissions charged to treat the questions
which are the subject of this article include/understand, if necessary,
of the craftsmen.
ARTICLE 33. - In the social and family order, the
social Committees study and carry out all Measurements suitable
to implement the duties of the corporations with regard to their
members, such as.
- the job security by the systematic fight against
the unemployment and measurements of precaution in favour of the
unemployed;
- the generalization and the management of insurances
and retirements;
- between assistance and assistance
- family help, in the forms morals, material and
intellectual;
- improvement of the conditions of existence: dwellings,
gardens, sports, leisures and distractions, arts general culture,
etc.
ARTICLE 34. - to ensure the control of the application
of the laws and payments professional, and their decisions of any
nature, the social Committees call upon sworn in corporative police
chiefs.
These police chiefs are entitled to control the
working conditions in taus the establishments concerned with the
social Committee.
They collect the complaints and suggestions of
the various categories of members.
They announce directly to the interested parties,
so that it is cured there at once, all the infringements which they
note. They, return account to their Committee of all their activities
and draw his attention to the cases which they could not solve.
The control thus ensured the title of the corporative
organizations is independent of that which remains exerted by the
services of the qualified secretariats of State and, in particular,
by the Factory inspectorate.
POWERS
AND PREROGATIVES OF THE SOCIAL COMMITTEES
ARTICLE 35. - the Social Committee represents léga-
lement, in its district, the profession or the professional family
for whom he was idiots titué, - before the Authorities, the
Jurisdictions and the organizations of any nature, public or deprived.
Its decisions are lawful and are obligatory, except
opposition of the social Committee of the higher level or the Authorities.
II enjoys the civil personality.
Ha right to institute legal proceedings and to
acquire without authorization all goods and buildings and to make
all the acts, to create and manage all the organizations and institutions
necessary to its activity.
The social institutions of any nature, created
by private individuals or communities in the interest of the personnel
of a company or a profession, or families of this personnel, are
obligatorily managed by the Committee social, of company room or
regional, indicated by the national social Committee of the profession
considered.
RELATIVE ATTRIBUTIONS
COMMITTEES AT THE VARIOUS LEVELS
ARTICLE 36. - the national Committee assumes the
social top management of the professional Family or the Profession.
It supports the regional and local initiatives.
It coordinates and regularizes the activity of
the regional Committees.
It centralizes the elements of study and of information,
exploits them and ensures their diffusion.
It prepares, adapts or ratifies the general clauses
of the collective agreements, the tables of the occupational qualifications
and the rules of this qualification, like those of working promotion,
the coefficients applicable to the qualifications for the wage determination
and finally the general rules of recruitment and dismissal.
It adopts or approves the general professional
regulations, in particular those touching with the hy giene and
with, occupational safety.
It leads and directs the social action of the family
or the profession and manages the institutions and, cases to which
it estimates to have to give a national character.
The regional Committee ensures the same role within
the framework of the directions and instructions of the national
Committee.
It coordinates the activity of the local Committees,
centralizes informs them ments which of them is required and their
diffuse documentation that it receives.
It adapts as a need to the regional framework the
payments, conventions and decisions of any nature.
It manages the institutions and cases being regional.
The local Committee applies, in its district, the
payments, conventions and decisions of any nature, in their bringing
the adaptations necessary.
It manages the institutions and works which function
locally.
It coordinates and controls the activity of the
Committees of establishments.
Reassure and controls the social orientation of
the establishments in which A did not consist of social Committee.
CONNECTION
OF THE SOCIAL COMMITTEES
WITH THE AUTHORITIES
ARTICLE 37. - the Authorities are represented,
in each national social Committee, by a Government Commissioner
appointed by decree of the Secretary of State to Work and after
opinion of the State secretary which the profession or the interested
professional family concerns.
In addition, them, members of the offices of the
social Committees are accredited, to ensure the official relations
necessary to the activity of their organization near the representatives
des' the authorities in their district.
CHAPTER
III
MIXED TRADE ASSOCIATIONS
AND CORPORATIONS
ARTICLE 38. - In the Professions which already realized or which
propose to institute professional organizations of mixed nature,
these organizations will be maintained or created under D serf of
the approval of the authorities. Their members cannot belong to
the trade associations or groupings trade-union.
After the publication of this law only the organizations
could be created resulting from the agreement of half of the members
of each category of the profession or an interested decision of
the trade unions.
The mixed groupings are compared to the social
Committees and hold place in the companies of it where they join
together half of manpower. On the local or regional level, they
hold place of social Committee or form an appendix of this social
Committee, according to whether they gather half or less than half
of manpower of the various categories of the members of the professions.
If a mixed grouping holds place of social Committee,
an appendix of this Committee can be formed by the trade unions
or unions under the general conditions fixed by the present law.
ARTICLE 39. - the professions which propose, -
by agreement of half of the members of each category or in consequence
of a decision of the interested Trade unions, to carry out an organization
entitled to know at the same time economic questions and social
will be able to receive the capacities and prerogatives necessary
to their corporative operation.
Each one of these professions will establish a
particular corporative charter which will be subjected to the approval
of the Authorities.
These charters will have to envisage, in the social
and professional order, of the provisions at least equivalent to
those which constitute the attributions envisaged in articles 31
to 33 for the social Committees.
It could be organized under the same conditions
of the Unions of corporations or the organizations intercorporatifs.
ARTICLE 40. - the decisions of approval of the
organizations envisaged in articles 38 and 39 will be the subject
of decrees contresigned by the Vice-president of the Council and
the interested Secretaries of Êtat, taken - on - opinion of
a Commission thus composed:
a representative of the Vice-president of the Council;
a representative of the Minister of State in charge
of the coordination of the new institutions;
- a representative of the Secretary of State to
the national Economy and Finances;
- a representative of the Secretary of State inside;
- a representative of the Secretary of State to
Work;
- a representative Secretaries of State which concern
the interested activities.
The operating conditions of the Commission will
be fixed by decree of the Vice-president of the Council.
CHAPTER
IV
The INTERPROFESSIONAL ORGANIZATION
ARTICLE 41.- the interprofessional questions, are exclusively treated
by the offices of the social Committees of professional family existing
with the same level, either during occasional meetings of the totality
or part of these offices, or in a regular way by the réu-
nion of these offices made up in interprofessional social Committee.
It is formed an interprofessional social Committee
in each area, joining together the offices of the regional social
Committees; it sits at the chief town of the area, either in the
common House of the one of the professional families, or in the
house des' corporations.
Interprofessional social Committees, - local will
be created gradually by decrees of the Secretary of State to the
Work, ' taken on a proposal from the regional interprofessional
Committees, after opinion of or D Secretaries of State to which
the family or the interested profession belongs.
ARTICLE 42.- the interprofessional social Committee
is directed by an office elected formed as it is envisaged in article
28. It enjoys the civil personality.
ARTICLE 43. - the interprofessional social Committees carry out
the connection between the Committees of professional family and
are qualified within the general limit of attributions of the social
Committees, for the questions common to the various families.
They can be consulted by the authorities on the
professional or social general questions and in particular the determination
of the cost of living and the problems of use of labour
Particular attributions could be entrusted there
certain interprofessional social Committees, by decrees of the Secretary
of State to the Work taken after opinion of the interested Secretaries
of State.
CHAPTER
V
COMMON PROVISIONS TO THE ORGANIZATIONS
In CORPORATIVE MATTER
PROVISIONS Of A FINANCIAL NATURE
ARTICLE 44.- In each professional family or profession the expenditure
required by the administrative operation of the various organizations
is Couvertes by a professional contribution imposed to the members
of any category,
The resources thus obtained are distributed between
the social Committees of each level, with load by these Committees
to transfer at the organizations which to them are attached the
funds or complements of funds necessary to their operation.
The overall distribution of the receipts and the
corporative expenditure, which makes it possible to fix the amount
of the contributions and to share the resources between the various
organizations, is ensured by the national social Committee which
subjects its annual general budget to the approval of the Secretary
of State to the national Economy and Finances and of the Secretary
of State to Work,
The perception of the contributions is ensured
under the responsibility of the employer who must, with regard to
the share of the employees, to directly carry out the stoppages
on pay and treatments.
ARTICLE 45.- the contributions intended for the
participation in the administrative expenditures and the institutions,
various works and cases, are independent of the professional contribution.
They are perceived by the interested organizations.
For the management of their various cases, the
social Committees constitute themselves as Boards of directors functioning
in accordance with special statutes approved by the Secretary of
State to Work.
THE
COMMON CORPORATIVE INHERITANCE
ARTICLE 46. - Each professional family constitutes
a common corporative inheritance exclusively intended to contribute
to the improvement of the conditions of existence of the members
of the profession.
This inheritance, which is the property of the
whole of the members of the profession, is managed by the social
Committees of the three levels room, regional and national, between
which it is distributed by the national Committee.
ARTICLE 47. - the corporative inheritance is initially
made up by the contributions resulting from the devolutions of goods
envisaged in articles 72 to 75.
It is then normally fed by a levy on the benefit
of the companies of the profession, and by gifts and legs.La definition
of the benefit, the fixing of the taking away and the methods of
its covering, which will be carried out as as regards income tax
industrial and commercial, will be determined by decree.
ARTICLE 48.- management. common inheritance is
ensured under the conditions fixed by a particular payment which
establishes the national social Committee. The reglementation is
adopted by the Secretary of State to the national Economy and Finances,
the Secretary of State with, Travail and the Secretaries of State
to which the family or the interested profession belongs.
This payment fixes in particular the limits, lower
and higher, between which the amount of the inheritance must be
maintained.
The inheritance cannot, to in no case, used to
cover administrative administrative expenditures.
It cannot, in addition, be used to cover the loads
of the social institutions entirely one others whose resources must
always comprise, at least for a part, the product of the contributions
of the members.
FINANCIAL
CONTROL
ARTICLE 49.- Without damage of the lawful measurements
of control taken by the various ministerial departments, the corporative
organizations ensure themselves the control of accountancies as
of professional organizations.
They lay out, for this purpose, of a service common
compound of sworn in countable Police chiefs, whose setting-up and
the operating conditions will be fixed by decree.
THE
COMMON HOUSE
ARTICLE 50. - In order to facilitate fonctionnenient
it social Committees, and to affirm corporative solidarity, it is
created a common House by professional family.
The common House is, in each district, the seat
of the social Committee.
ARTICLE 51. - the social Committee is, according
to the case, tenant or owner of the common House. The property of
the House can result either from an acquisition, or of a gift or
legacy, or of a devolution by the Authorities.
The acquisition of a common House by a social Committee,
that it is subject to payment, by gift or legacy or devolution,
involves neither transfer tax, nor expenses of any kind.
ARTICLE 52. - the common House is opened to all
the members of the attached professions. It can be used only at
the only corporative ends and it is interdict to carry on any political
activity there or commerciale.Sa management is ensured by a particular,
composed partite Commission tride members taken among Plus old in
the social Committee or the social Committees interested.
ARTICLE 53. - Different; professional families
can Utiliser to install their common House of the buildings located
in the Same building. The interprofessional social Committees can
use a House COM particular which becomes the House of the corporations.
CHAPTER
VI
GENERAL CORPORATIVE ATTRIBUTIONS
WAGES
ARTICLE 54.- All the members of the professions
not belonging to the category of the employers receive, n the other
hand work which they provide, a remuneration different according
to the place from their employment, their occupational qualification
and the special conditions under which they carry on their activity.
The wages are, consequently, given according to
the general principles hereafter:
1° - a vital minimum wage is perceived by all
the employees carrying on their normal activity. it corresponds
to the remuneration of that which has neither dependents nor occupational
qualification. It varies according to the places of employment and
the local cost of the life;
2° - professional remuneration is a complement
with the vital minimum wage. It corresponds to the occupational
qualification of the recipient and is different according to the
professions and the place from employment;
3° - supplements peuve NT to be tuellement
added éven- to the wages such as it is obtained by the addition
of the two elements to above take account of personal abilities
of the interested party, of his output, in particular when it sagit
of the travail carried out "at piece-rates", and of the
particular conditions under which work is carried out;
4° - To the wages thus determined the allowances
or additional pays are added - for family loads resulting either
from the general legislation on the family, or of the particular
provisions p ises by profession.
The family supplement of wages granted by the professions
can result in advantages in kind.
ARTICLE 55. - the vital minimum wage, fixed by
the Government, is stopped by area, department or locality, on proposals
of a Committee higher of the wages functioning than the Secretariat
of State to Work.
The conditions of institution and operation of
this Committee will be fixed by decree.
ARTICLE 56. - the additional pay horn respondant
with professional remuneration is fixed in the form of a coefficient
applicable to the vital minimum wage.
The scale of the bases of the coefficients applicable
to the various occupational qualifications is stopped, for each
profession, by the national social Committee of the profession.
The scale can be adapted by the social Committees
of the various levels, under the control of the national social
Committee.
ARTICLE 57. - agreements will be able to intervene
between the Secretariats of State interested and the professions
organized for the delegation in these last of attributions of a
social nature such as insurances, retirements, unemployment pays,
etc? currently arising with the Authorities.
ARTICLE 58.- the professional families can carry
out between them agreements and constitute organizations of compensation
to ensure the balance of the loads which they will make invited
to support for the application of measurements which preceding.
These agreements will be subjected to the approval of the Authorities.
The State will possibly take part in the loads
above noted in order to contribute to initial operation of the new
institutions or at the time of exceptional events.
VOCATIONAL
TRAINING
ARTICLE 59.- questions of vocational training: training, improvement,
reclassification and working promotion are primarily of a corporative
nature.
A law will fix the respective role of the professional organizations
and the Authorities in this matter, as well as the conditions in
which will be
ensured coordination between these organizations and qualified Secretariats
of State.
TITLE
V
JURISDICTION OF WORK
GENERAL PRINCIPLES
ARTICLE 60. - All the professional organizations at the various
levels must make an effort préve
to gir to nir and to reconcile the disagreements
which can emerged at the time of the application of the legislation
and social legislation of the professions.
ARTICLE 61. - In the case, where in spite of the
intervention of the professional organizations, the disagreements
could not be avoided, nor reconciled, they are:
- Carried in front of the Councils of Prud' men
or, with their defect, in front of the district courts, if they
are individual disagreements ';
- subjected to the arbitration or carried in front
of the courts of work, if they are collective disagreements moreover,
being seized by the infringements to the regulation which will be
established pursuant to the present law.
The
ARBITRATION
ARTICLE 62. - When the disagreements of work are
subjected to the arbitration, the seized regional social Committee
of the disagreement indicates, within quarante-huit hours, as from
the moment when it was seized, three referees chosen on a list drawn
up annually by the national social Committee of each branch of activity.
If the regional social Committee did not designate the referees,
the court of the work, seized at the request, either of, Government
Commissioner or of the diligent part, carries out itself designation.
In the event of conflict on the national level, the referees must
be designated under the same conditions by the national social Committee.
COURTS
OF WORK
ARTICLE 63. - It is instituted in the spring of
each Court of Appeal a regional Court of made up Work:
of two magistrates, of which one exerts the functions
of president, indicated by ordinance of the first President; and
of three members of the qualified regional social Committee indicated
as it is envisaged in article 28.
The recourse counters the decisions of the regional
courts of work are carried in front of the national Court of the
Work which rules in last spring.
The national Court of Work is composed of three
magistrates of which one exerts the functions of President, is indicated
by the Minister of Justice, Ministre Secretary of State to Justice
and four members of the qualified national social Committee designated
by the Secretaries of State to Work and has the industrial Production.
Civils servant of the body of the Factory inspectorate
indicated by the Secretary of State to Work will exert the functions
of Police chief of the 1
Government near the national Court and of the regional
courts.
ARTICLE 64. - a payment of public administration,
established by the Secretary of State to Tra it and by the Minister
of Justice, of State to Jusice, will determine
Minister Secretary conditions for application of
the various provisions of this Title.
CONTAIN
VI
CHAPTER FIRST
COMMON PROVISIONS
ARTICLE 65. - In the interest of the profession,
the members of the professional organizations established by the
present law, pertaining to a category of employees, profit from
all the facilities necessary to the exercice& their mandate.
Guarantees of fixity of employment are envisaged
in their favour in the payments and particular statutes of the professions.
ARTICLE 66. - When one of the professional organizations
envisaged by the present law proves to be unable to fulfill the
mission which is assigned to him, or refuses, either of taking uné
decision, or to apply a payment, compromising 1 thus the interest
of its nationals one that of the State; is carried out by decree
of the Secretary of State to Work, on opinion of the qualified Secretaries
of State, with the suspension of the organization interested and
the designation of a provisional delegation of management which
collects all its capacities.
ARTICLE 67.- the professional bodies formed in
violation of the provisions which precede and those whose activity
would be against the interest national or foreign with the object
which is assigned to them will be dissolved by decree.
The devolution of the goods of these groupings
will be regulated in accordance with the provisions of articles
72 to 75. The leaders and the members of the dissolved groupings
will be liable to a fine from 500 to 10.000 francs and to a six
months imprisonment to five years or one of these two sorrows only.
ARTICLE 68. - the infringements with the payments
and decisions which are raised by the corporative organizations
or their sworn in representatives, give place, either with corporative
sanctions, or with continuations in front of the Court of Work.
The corporative sanctions comprise:
- fines with the profit of the corporative inheritance;
- exclude-his of the professional organizations
- the temporary exclusion of the profession
They are pronounced by, office of the qualified
organization, within the limits fixed by the scales establish by
the national Committees -.
The continuations in front of the Court of Work
are brought at the request of the qualified professional organizations.
CHAPTER
II
PROVISIONS, TRANSIENTS
ARTICLE 69 - The application ' of this law will
be undertaken as of the completion of work of the Commissions envisaged
to article 77 and will be continued gradually, progressively publication
of the legislative and lawful texts complementary.
Within the general framework of the laws, decrees
and payments relative with the professional organization, the professional
families, professions or groups of professions, will establish the
particular payments which will define their own organization.
ARTICLE 70. - first member nominations of, Boards
of directors of the organizations; professionals will be made by
decrees of the Minister of State in charge of the coordination of
the new institutions, the Secretary of State to Work and the Secretaries
of State which the professions considered concern, taking into account
the Commission proposals envisaged in article 77 ciaprès.
ARTICLE 71. - During a two years deadline starting
from the publication of pre law feels, biensaffectés with
the exclusive use of social institutions, ' aimed to the last subparagraph
of article 35, and which will not have made the object of a devolution
under the conditions fixed at the present chapter could not be changed
assignment, except exemption granted by decree of the Secretary
of State from the Work taken on opinion of the qualified Secretaries
of State.
ARTICLE 72. - the Constitution of the trade unions,
committees and groupings envisaged in the new professional organization
will involve the dissolution of the old trade unions and trade-union
and professional groupings of any nature.
The devolutions of goods consécutive&
to these dissolutions will be marked with the profit of the new
trade-union organizations and the social Committees, according to
their respective attributions, by preserving as far as possible
the these goods at the same professions, in the same companies,
localities or, areas.
The trade unions and the groupings of trade unions
existing at the date of the die publication the present law will
continue their activity until it is ruled by decree on their dissolution
or their integration in the new professional organization. However,
for this period, their Capacité civil will be limited to
the acts of simple administration.
ARTICLE 73. - It, will be proceeded by the care
of the administration of the Recording, the Fields and the Stamp
to an inventory of the goods of the trade unions and groupings of
trade unions aimed to the preceding article, at the date of publication
of this law.
To this end, in the about eight which will follow
this date, the prefect will notify with the aforementioned administration
the list of these organizations having their seat in the department.
ARTICLE 74.- the devolutions of goods envisaged
in the present chapter will be pronounced by decrees contresigned
by the Secretary of State to Work and the other interested Secretaries
of State, taken on a proposal from a central Committee established
with the viceprésidence of the Council.
This Committee will have quality to propose, if
necessary, the liquidation of the goods which cannot be allotted
directly.
Its competence will extend to the goods from the
communist trade unions one trade-union groupings dissolved by the
decree from September 26, 1939 and which would not have been the
final attribution object yet.
It will collect the opinions of the national social
Committees of the professional families and interested professions.
ARTICLE 75. - All the operations envisaged by the
two preceding articles will have bond without transfer tax and expenses
of any kind.
One, payment of public administration will determine
the conditions D application of the four artiéles preceding.
ARTICLE 76. _ special laws having for object, under
article 7, to establish a particular mode for the agents of the
public services in dustriels other than those aimed by the law of
September 14, 1941, will have to intervene before March 1, 1942.
Until this date, the provisions of the articles
69à 75 will not be applicable with regard to the aforementioned
agents.
ARTICLE 77. - It will be instituted, for each professional
family, a provisional Commission of organization charged to study
and propose:
- limits of the districts to be allotted in each
case, at the organizations trade-union and corporative, local and
regional
- conditions of regrouping, within the new organizations,
of the elements belonging to the trade unions, unions, federations,
called to amalgamate pursuant to the present law
- the personal composition of the Boards of directors
of the corporative organizations to set up.
Decrees of the Minister of State in charge of the
coordination of the new institutions and the Secretary of State
to the Work, taken after opinion of one of the interested Secretaries
of State, will fix the composition of the provisional Commissions
of organization and the conditions of their operation.
ARTICLE 78.- a connection will be established between
the provisional Committees of organization created in appli- cation
of the law of August 16, 1940 and the social Committees established
by the present law, in order to carry out the harmony and the reciprocal
adaptation of social and economic measurements.
This connection will be ensured, - on the one hand,
by delegates of the economic Steering Committees which will siègeront
in the regional and national social Committees, with advisory voice,
on the other hand, by a representative of the Committees, social
nationaux' sitting in the interested Steering Committees
ARTICLE 79. - the conditions, under which the present
law or some of its provisions could be possibly made applicable
to Algeria, at the Colonies one with the territories placed under
French mandate, will be fixed by decrees.
ARTICLE 80. - all contrary provisions with the
present decree are repealed which will be published in the Official
Journal and carried out like law of the State.
Fact in Vichy, October 4, 1941.
BY THE MARSHAL OF FRANCE,
HEAD OF The FRENCH STATE PHILIPPE PÉTAIN.
The Admiral of the Fleet, VicePrésident of
the Council, Minister for national Defense, Minister, Secretary
of State to the Foreign Affairs and the Navy. Admiral DARLAN.
The minister of State, HENRI MOYSSET.
The Minister of State, LUCIEN ROMIER
The General, Minister, Secretary of State to the
War, General HUNTZIGER
The Minister, Secretary of State inside, PIERRE
PUCHEU
Minister of Justice, minister Secretary of State
to Justice, JOSEPH BARTHELEMY
The Minister, Secretary of State to Agriculture,
PIERRE CAZIOT.
The Minister, Secretary of State to I' Ëconomie
natiolinale and Finances, Yves BOUTHILLIER.
The Secretary of State to the Supply, PAUL SORROW.
The Secretary of State to the Family and Health,
SERGE HUARD
The Secretary of State to the Colonies, Admiral
PLATO.
The Secretary of State to the industrial Production,
FRANÇOIS LEHIDEUX.
The Secretary of State to Work, RENE BELIN
The Secretary of State to National Education and
Youth, JEROME CARCOPINO.
The Secretary of State to Aviation, General BERGERM
The Secretary of State to the Communications, JEAN
BERTHELOT
The Secretary of State to the Vice-presidency of
the Council, Benoist-mechin
