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
