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33666232323132616636636363376439 | article100982 | 109 | Le contrat de travail temporaire | Travail-Emploi | travail-emploi | La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire | [
"Textes de référence"
] | Articles L. 1251-1 à L. 1251-63, L. 1254-1 à L. 1254-12, L. 1255-1 à 1255-12, D. 1251-1 à D. 1251-33, L. 4154-1, D. 4154-1 à D. 4154-6, R. 4161-5, R. 4161-6 et R. 4625-2 à D. 4625-22 du Code du travailArticles L. 5213-13-3, R. 5213-76 et R. 5213-86-1 à R. 5213-86-6 du code du travail (entreprises adaptées de travail temporaire)Décret n° 2023-263 du 12 avril 2023 (JO du 13 ; expérimentation du CTT « multi-remplacement ») modifié par le décret n° 2024-533 du 10 juin 2024 (JO du 12)Décret n° 2023-1307 du 28 décembre 2023 (refus d’une proposition de CDI ; JO du 29)Arrêté du 3 janvier 2024 (JO du 10 ; modalités de transmission des informations à France Travail en cas de refus de CDI)Décret n° 2024-1271 du 31 décembre 2024 (JO du 1er janvier 2025 ; montant minimum de la garantie financière des entreprises de travail temporaire pour 2025) | Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
Articles L. 1251-1 à L. 1251-63, L. 1254-1 à L. 1254-12, L. 1255-1 à 1255-12, D. 1251-1 à D. 1251-33, L. 4154-1, D. 4154-1 à D. 4154-6, R. 4161-5, R. 4161-6 et R. 4625-2 à D. 4625-22 du Code du travailArticles L. 5213-13-3, R. 5213-76 et R. 5213-86-1 à R. 5213-86-6 du code du travail (entreprises adaptées de travail temporaire)Décret n° 2023-263 du 12 avril 2023 (JO du 13 ; expérimentation du CTT « multi-remplacement ») modifié par le décret n° 2024-533 du 10 juin 2024 (JO du 12)Décret n° 2023-1307 du 28 décembre 2023 (refus d’une proposition de CDI ; JO du 29)Arrêté du 3 janvier 2024 (JO du 10 ; modalités de transmission des informations à France Travail en cas de refus de CDI)Décret n° 2024-1271 du 31 décembre 2024 (JO du 1er janvier 2025 ; montant minimum de la garantie financière des entreprises de travail temporaire pour 2025) | 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|
62663066356663336131333065333232 | article100982 | 110 | Le contrat de travail temporaire | Travail-Emploi | travail-emploi | La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-temporaire | [
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] | La rémunération de l'intérimaireLe travail à temps partagéL’obligation d’emploi en faveur des travailleurs handicapés Le CDI intérimaireLes entreprises adaptées | Le contrat de travail temporaire
La conclusion d'un contrat de travail temporaire n'est possible que pour l' exécution d'une tâche précise et temporaire, dénommée mission , et seulement dans les cas énumérés par la loi . Quel que soit le motif pour lequel il est conclu, un tel contrat ne peut avoir ni pour objet ni pour effet de pourvoir durablement un emploi lié à l'activité normale et permanente de l'entreprise utilisatrice.
La rémunération de l'intérimaireLe travail à temps partagéL’obligation d’emploi en faveur des travailleurs handicapés Le CDI intérimaireLes entreprises adaptées | 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34333436303437316139633631326537 | article100985 | 0 | Le contrat de travail intermittent | Travail-Emploi | travail-emploi | Le travail intermittent se caractérise par l' alternance de périodes travaillées et de périodes non travaillées . Il doit être prévu par un a ccord collectif et doit faire l'objet d'un contrat à durée indéterminée , conclu par écrit et comportant un certain nombre de clauses obligatoires. Le salarié en contrat de travail intermittent bénéficie des mêmes droits que les autres salariés. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-intermittent | [
"Le contrat de travail intermittent"
] | A savoir ! Pour la mise en œuvre des dispositions relatives au contrat de travail intermittent, distinction est opérée entre, d'une part les dispositions relevant de l'ordre public, auxquelles il ne peut être dérogé, et, d’autre part, celles qui relèvent de la négociation et de l'accord collectif (avec la primauté reconnue à la convention ou l’accord d'entreprise ou d'établissement sur la convention ou l'accord de branche étendu). | Le contrat de travail intermittent
Le travail intermittent se caractérise par l' alternance de périodes travaillées et de périodes non travaillées . Il doit être prévu par un a ccord collectif et doit faire l'objet d'un contrat à durée indéterminée , conclu par écrit et comportant un certain nombre de clauses obligatoires. Le salarié en contrat de travail intermittent bénéficie des mêmes droits que les autres salariés.
A savoir ! Pour la mise en œuvre des dispositions relatives au contrat de travail intermittent, distinction est opérée entre, d'une part les dispositions relevant de l'ordre public, auxquelles il ne peut être dérogé, et, d’autre part, celles qui relèvent de la négociation et de l'accord collectif (avec la primauté reconnue à la convention ou l’accord d'entreprise ou d'établissement sur la convention ou l'accord de branche étendu). | 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31383738626264633461623233643535 | article100985 | 1 | Le contrat de travail intermittent | Travail-Emploi | travail-emploi | Le travail intermittent se caractérise par l' alternance de périodes travaillées et de périodes non travaillées . Il doit être prévu par un a ccord collectif et doit faire l'objet d'un contrat à durée indéterminée , conclu par écrit et comportant un certain nombre de clauses obligatoires. Le salarié en contrat de travail intermittent bénéficie des mêmes droits que les autres salariés. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-intermittent | [
"Travail intermittent : de quoi s'agit-il ?"
] | Le travail intermittent est une alternance de périodes travaillées et non travaillées correspondant aux fluctuations d'activités.Il peut être mis en œuvre pour des emplois permanents qui, par nature, comportent une telle alternance (certains emplois de formateurs ou de moniteurs de ski par exemple).Les règles particulières applicables aux contrats de travail intermittent conclus par les établissements d'enseignement supérieur privés dont l'activité principale conduit à la délivrance, au nom de l'État, d'un diplôme sanctionnant 5 années d'études après le bac figurent à l'article L. 731-18 du code de l'éducation. | Le contrat de travail intermittent
Le travail intermittent se caractérise par l' alternance de périodes travaillées et de périodes non travaillées . Il doit être prévu par un a ccord collectif et doit faire l'objet d'un contrat à durée indéterminée , conclu par écrit et comportant un certain nombre de clauses obligatoires. Le salarié en contrat de travail intermittent bénéficie des mêmes droits que les autres salariés.
Le travail intermittent est une alternance de périodes travaillées et non travaillées correspondant aux fluctuations d'activités.Il peut être mis en œuvre pour des emplois permanents qui, par nature, comportent une telle alternance (certains emplois de formateurs ou de moniteurs de ski par exemple).Les règles particulières applicables aux contrats de travail intermittent conclus par les établissements d'enseignement supérieur privés dont l'activité principale conduit à la délivrance, au nom de l'État, d'un diplôme sanctionnant 5 années d'études après le bac figurent à l'article L. 731-18 du code de l'éducation. | 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30323663663436656165383835356464 | article100985 | 2 | Le contrat de travail intermittent | Travail-Emploi | travail-emploi | Le travail intermittent se caractérise par l' alternance de périodes travaillées et de périodes non travaillées . Il doit être prévu par un a ccord collectif et doit faire l'objet d'un contrat à durée indéterminée , conclu par écrit et comportant un certain nombre de clauses obligatoires. Le salarié en contrat de travail intermittent bénéficie des mêmes droits que les autres salariés. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-intermittent | [
"Quelles sont les dispositions d'ordre public ?"
] | Certaines dispositions relatives au travail intermittent sont d'ordre public, c'est-à-dire qu'il n'est pas possible d'y déroger.L'obligation d'un accord collectif prévoyant le recours au travail intermittent préalablement à la conclusion d'un contrat de travailSauf exceptions mentionnées ci-dessous, pour qu'un contrat de travail intermittent puisse être conclu, l'entreprise doit être couverte par une convention ou par un accord d'entreprise ou d'établissement ou, à défaut, par une convention ou un accord de branche étendu qui le prévoit. L'employeur ne peut ainsi, de sa seule initiative, proposer au salarié d'être embauché dans le cadre d'un tel contrat.Les entreprises adaptées mentionnées à l'article L. 5213-13 du code du travail peuvent toutefois conclure un contrat de travail intermittent même en l'absence de convention ou d'accord collectif de travail, dès lors que ce contrat est conclu avec un travailleur handicapé, bénéficiaire de l'obligation d'emploi.Pa dérogation aux dispositions qui précèdent, les entreprises adaptées mentionnées à l'article L. 5213-13 du code du travail peuvent conclure un contrat de travail intermittent même en l'absence de convention ou d'accord collectif de travail, dès lors que ce contrat est conclu avec un travailleur handicapé, bénéficiaire de l'obligation d'emploi.La forme et le contenu du contrat de travailLe contrat de travail intermittent est un contrat à durée indéterminée qui doit, obligatoirement, être écrit. Il peut être conclu afin | Le contrat de travail intermittent
Le travail intermittent se caractérise par l' alternance de périodes travaillées et de périodes non travaillées . Il doit être prévu par un a ccord collectif et doit faire l'objet d'un contrat à durée indéterminée , conclu par écrit et comportant un certain nombre de clauses obligatoires. Le salarié en contrat de travail intermittent bénéficie des mêmes droits que les autres salariés.
Certaines dispositions relatives au travail intermittent sont d'ordre public, c'est-à-dire qu'il n'est pas possible d'y déroger.L'obligation d'un accord collectif prévoyant le recours au travail intermittent préalablement à la conclusion d'un contrat de travailSauf exceptions mentionnées ci-dessous, pour qu'un contrat de travail intermittent puisse être conclu, l'entreprise doit être couverte par une convention ou par un accord d'entreprise ou d'établissement ou, à défaut, par une convention ou un accord de branche étendu qui le prévoit. L'employeur ne peut ainsi, de sa seule initiative, proposer au salarié d'être embauché dans le cadre d'un tel contrat.Les entreprises adaptées mentionnées à l'article L. 5213-13 du code du travail peuvent toutefois conclure un contrat de travail intermittent même en l'absence de convention ou d'accord collectif de travail, dès lors que ce contrat est conclu avec un travailleur handicapé, bénéficiaire de l'obligation d'emploi.Pa dérogation aux dispositions qui précèdent, les entreprises adaptées mentionnées à l'article L. 5213-13 du code du travail peuvent conclure un contrat de travail intermittent même en l'absence de convention ou d'accord collectif de travail, dès lors que ce contrat est conclu avec un travailleur handicapé, bénéficiaire de l'obligation d'emploi.La forme et le contenu du contrat de travailLe contrat de travail intermittent est un contrat à durée indéterminée qui doit, obligatoirement, être écrit. Il peut être conclu afin | 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37636130663366636631346134636537 | article100985 | 3 | Le contrat de travail intermittent | Travail-Emploi | travail-emploi | Le travail intermittent se caractérise par l' alternance de périodes travaillées et de périodes non travaillées . Il doit être prévu par un a ccord collectif et doit faire l'objet d'un contrat à durée indéterminée , conclu par écrit et comportant un certain nombre de clauses obligatoires. Le salarié en contrat de travail intermittent bénéficie des mêmes droits que les autres salariés. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-intermittent | [
"Quelles sont les dispositions d'ordre public ?"
] | être conclu afin de pourvoir un emploi permanent qui, par nature, comporte une alternance de périodes travaillées et de périodes non travaillées.Le contrat de travail intermittent mentionne notamment :La qualification du salarié ;Les éléments de la rémunération ;La durée annuelle minimale de travail du salarié ;Les périodes de travail ;La répartition des heures de travail à l'intérieur de ces périodes.Le volume d'heures de travailLe contrat de travail intermittent précise obligatoirement la durée annuelle minimale de travail du salarié concerné.Cette durée peut être dépassée avec une limite : les heures effectuées au-delà ne doivent pas, sauf accord de l'intéressé, excéder le tiers de la durée fixée par le contrat.Exemple Le nombre d'heures travaillées au-delà d'une durée minimale fixée à 1 200 heures annuelles par un contrat de travail intermittent ne peut être supérieur à 400 heures (1 200 x 1/3).L'égalité des droitsLe salarié titulaire d'un contrat de travail intermittent bénéficie des droits reconnus aux salariés à temps complet, sous réserve, en ce qui concerne les droits conventionnels (voir ci-dessous), de modalités spécifiques prévues par la convention ou l'accord collectif de travail étendu ou par une convention ou un accord d'entreprise ou d'établissement.Pour déterminer les droits que le salarié concerné tient de son ancienneté (par exemple, pour le calcul d'une prime liée à l'ancienneté), il convient de prendre en compte la totalité des périodes non travaillées. | Le contrat de travail intermittent
Le travail intermittent se caractérise par l' alternance de périodes travaillées et de périodes non travaillées . Il doit être prévu par un a ccord collectif et doit faire l'objet d'un contrat à durée indéterminée , conclu par écrit et comportant un certain nombre de clauses obligatoires. Le salarié en contrat de travail intermittent bénéficie des mêmes droits que les autres salariés.
être conclu afin de pourvoir un emploi permanent qui, par nature, comporte une alternance de périodes travaillées et de périodes non travaillées.Le contrat de travail intermittent mentionne notamment :La qualification du salarié ;Les éléments de la rémunération ;La durée annuelle minimale de travail du salarié ;Les périodes de travail ;La répartition des heures de travail à l'intérieur de ces périodes.Le volume d'heures de travailLe contrat de travail intermittent précise obligatoirement la durée annuelle minimale de travail du salarié concerné.Cette durée peut être dépassée avec une limite : les heures effectuées au-delà ne doivent pas, sauf accord de l'intéressé, excéder le tiers de la durée fixée par le contrat.Exemple Le nombre d'heures travaillées au-delà d'une durée minimale fixée à 1 200 heures annuelles par un contrat de travail intermittent ne peut être supérieur à 400 heures (1 200 x 1/3).L'égalité des droitsLe salarié titulaire d'un contrat de travail intermittent bénéficie des droits reconnus aux salariés à temps complet, sous réserve, en ce qui concerne les droits conventionnels (voir ci-dessous), de modalités spécifiques prévues par la convention ou l'accord collectif de travail étendu ou par une convention ou un accord d'entreprise ou d'établissement.Pour déterminer les droits que le salarié concerné tient de son ancienneté (par exemple, pour le calcul d'une prime liée à l'ancienneté), il convient de prendre en compte la totalité des périodes non travaillées. | 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65353034663165383432326336396362 | article100985 | 4 | Le contrat de travail intermittent | Travail-Emploi | travail-emploi | Le travail intermittent se caractérise par l' alternance de périodes travaillées et de périodes non travaillées . Il doit être prévu par un a ccord collectif et doit faire l'objet d'un contrat à durée indéterminée , conclu par écrit et comportant un certain nombre de clauses obligatoires. Le salarié en contrat de travail intermittent bénéficie des mêmes droits que les autres salariés. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-intermittent | [
"Quels sont les domaines ouverts à la négociation collective ?"
] | Le texte négocié entre les partenaires sociaux (convention ou accord d'entreprise ou d'établissement ou, à défaut, convention ou accord de branche étendu) définit les emplois permanents pour lesquels ce type de contrat peut être conclu.Cette convention ou cet accord détermine, le cas échéant, les droits conventionnels spécifiques aux salariés titulaires d'un contrat de travail intermittent.Il peut prévoir que la rémunération versée mensuellement aux salariés titulaires d'un contrat de travail intermittent est indépendante de l'horaire réel et détermine, dans ce cas, les modalités de calcul de cette rémunération. Cette disposition (dite « lissage des rémunérations ») permet ainsi aux salariés titulaires d'un contrat de travail intermittent de percevoir un salaire mensuel d'un montant régulier, indépendant de l'horaire réellement effectué dans le mois.Dans les secteurs, dont la liste est déterminé par décret (soit, à l'heure actuelle, le secteur du spectacle vivant et enregistré), où la nature de l'activité ne permet pas de fixer avec précision les périodes de travail et la répartition des heures de travail au sein de ces périodes, la convention ou l'accord collectif de travail détermine les adaptations nécessaires et notamment les conditions dans lesquelles le salarié peut refuser les dates et les horaires de travail qui lui sont proposés.Textes de référence Articles L. 3123-33 à L. 3123-38, D. 3123-4, R. 3124-5, R. 3124-8 et du Code du travailLire en complément Le contrat | Le contrat de travail intermittent
Le travail intermittent se caractérise par l' alternance de périodes travaillées et de périodes non travaillées . Il doit être prévu par un a ccord collectif et doit faire l'objet d'un contrat à durée indéterminée , conclu par écrit et comportant un certain nombre de clauses obligatoires. Le salarié en contrat de travail intermittent bénéficie des mêmes droits que les autres salariés.
Le texte négocié entre les partenaires sociaux (convention ou accord d'entreprise ou d'établissement ou, à défaut, convention ou accord de branche étendu) définit les emplois permanents pour lesquels ce type de contrat peut être conclu.Cette convention ou cet accord détermine, le cas échéant, les droits conventionnels spécifiques aux salariés titulaires d'un contrat de travail intermittent.Il peut prévoir que la rémunération versée mensuellement aux salariés titulaires d'un contrat de travail intermittent est indépendante de l'horaire réel et détermine, dans ce cas, les modalités de calcul de cette rémunération. Cette disposition (dite « lissage des rémunérations ») permet ainsi aux salariés titulaires d'un contrat de travail intermittent de percevoir un salaire mensuel d'un montant régulier, indépendant de l'horaire réellement effectué dans le mois.Dans les secteurs, dont la liste est déterminé par décret (soit, à l'heure actuelle, le secteur du spectacle vivant et enregistré), où la nature de l'activité ne permet pas de fixer avec précision les périodes de travail et la répartition des heures de travail au sein de ces périodes, la convention ou l'accord collectif de travail détermine les adaptations nécessaires et notamment les conditions dans lesquelles le salarié peut refuser les dates et les horaires de travail qui lui sont proposés.Textes de référence Articles L. 3123-33 à L. 3123-38, D. 3123-4, R. 3124-5, R. 3124-8 et du Code du travailLire en complément Le contrat | 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37613334366661323431636333346364 | article100985 | 5 | Le contrat de travail intermittent | Travail-Emploi | travail-emploi | Le travail intermittent se caractérise par l' alternance de périodes travaillées et de périodes non travaillées . Il doit être prévu par un a ccord collectif et doit faire l'objet d'un contrat à durée indéterminée , conclu par écrit et comportant un certain nombre de clauses obligatoires. Le salarié en contrat de travail intermittent bénéficie des mêmes droits que les autres salariés. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-intermittent | [
"Quels sont les domaines ouverts à la négociation collective ?"
] | Le contrat de travail à durée déterminéeLe contrat de travail temporaire | Le contrat de travail intermittent
Le travail intermittent se caractérise par l' alternance de périodes travaillées et de périodes non travaillées . Il doit être prévu par un a ccord collectif et doit faire l'objet d'un contrat à durée indéterminée , conclu par écrit et comportant un certain nombre de clauses obligatoires. Le salarié en contrat de travail intermittent bénéficie des mêmes droits que les autres salariés.
Le contrat de travail à durée déterminéeLe contrat de travail temporaire | 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35346161663364636264373235333732 | article100985 | 6 | Le contrat de travail intermittent | Travail-Emploi | travail-emploi | Le travail intermittent se caractérise par l' alternance de périodes travaillées et de périodes non travaillées . Il doit être prévu par un a ccord collectif et doit faire l'objet d'un contrat à durée indéterminée , conclu par écrit et comportant un certain nombre de clauses obligatoires. Le salarié en contrat de travail intermittent bénéficie des mêmes droits que les autres salariés. | 16/04/2025 | https://travail-emploi.gouv.fr/le-contrat-de-travail-intermittent | [
"Textes de référence"
] | Articles L. 3123-33 à L. 3123-38, D. 3123-4, R. 3124-5, R. 3124-8 et du Code du travail | Le contrat de travail intermittent
Le travail intermittent se caractérise par l' alternance de périodes travaillées et de périodes non travaillées . Il doit être prévu par un a ccord collectif et doit faire l'objet d'un contrat à durée indéterminée , conclu par écrit et comportant un certain nombre de clauses obligatoires. Le salarié en contrat de travail intermittent bénéficie des mêmes droits que les autres salariés.
Articles L. 3123-33 à L. 3123-38, D. 3123-4, R. 3124-5, R. 3124-8 et du Code du travail | 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64306665636636383034663433386439 | article100986 | 2 | Le travail saisonnier | Travail-Emploi | travail-emploi | Le travail saisonnier se caractérise par l' exécution de tâches normalement appelées à se répéter chaque année, à des dates à peu près fixes, en fonction du rythme des saisons (récolte, cueillette,... ) ou des modes de vie collectifs (tourisme... ). Cette variation d'activité doit être indépendante de la volonté de l'employeur. Les salariés directement occupés à des tâches saisonnières peuvent être recrutés en contrats à durée déterminée (CDD) prévoyant ou non un terme précis. Sous certaines conditions, des contrats saisonniers successifs peuvent être conclus avec le même salarié. De même, ils peuvent comporter une clause de reconduction . | 06/12/2023 | https://travail-emploi.gouv.fr/le-travail-saisonnier | [
"La succession de contrats saisonniers"
] | Renouveler un contrat saisonnier avec le même salarié est possible s'il est conclu afin de pourvoir un emploi effectivement saisonnier (non permanent) et dans le respect des règles relatives aux CDD.Ne sont pas saisonniers, les contrats conclus pour une période coïncidant avec la durée d'ouverture ou de fonctionnement de l'entreprise (par exemple, contrat signé avec un serveur pendant les 6 mois d'ouverture d'un restaurant d'une station de ski). | Le travail saisonnier
Le travail saisonnier se caractérise par l' exécution de tâches normalement appelées à se répéter chaque année, à des dates à peu près fixes, en fonction du rythme des saisons (récolte, cueillette,... ) ou des modes de vie collectifs (tourisme... ). Cette variation d'activité doit être indépendante de la volonté de l'employeur. Les salariés directement occupés à des tâches saisonnières peuvent être recrutés en contrats à durée déterminée (CDD) prévoyant ou non un terme précis. Sous certaines conditions, des contrats saisonniers successifs peuvent être conclus avec le même salarié. De même, ils peuvent comporter une clause de reconduction .
Renouveler un contrat saisonnier avec le même salarié est possible s'il est conclu afin de pourvoir un emploi effectivement saisonnier (non permanent) et dans le respect des règles relatives aux CDD.Ne sont pas saisonniers, les contrats conclus pour une période coïncidant avec la durée d'ouverture ou de fonctionnement de l'entreprise (par exemple, contrat signé avec un serveur pendant les 6 mois d'ouverture d'un restaurant d'une station de ski). | 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30313431316235313535353963353035 | article100986 | 3 | Le travail saisonnier | Travail-Emploi | travail-emploi | Le travail saisonnier se caractérise par l' exécution de tâches normalement appelées à se répéter chaque année, à des dates à peu près fixes, en fonction du rythme des saisons (récolte, cueillette,... ) ou des modes de vie collectifs (tourisme... ). Cette variation d'activité doit être indépendante de la volonté de l'employeur. Les salariés directement occupés à des tâches saisonnières peuvent être recrutés en contrats à durée déterminée (CDD) prévoyant ou non un terme précis. Sous certaines conditions, des contrats saisonniers successifs peuvent être conclus avec le même salarié. De même, ils peuvent comporter une clause de reconduction . | 06/12/2023 | https://travail-emploi.gouv.fr/le-travail-saisonnier | [
"La clause de reconduction"
] | Le contrat de travail peut comporter une clause prévoyant sa reconduction d'une saison à l'autre.Précaution à observer pour éviter la requalification du contrat en contrat de travail à durée indéterminée : la rédaction de la clause ne doit pas avoir pour effet d'imposer la reconduction automatique. Elle doit simplement prévoir une priorité d'emploi en faveur du salarié.Une convention ou un accord collectif de travail peut prévoir que tout employeur ayant occupé un salarié dans un emploi à caractère saisonnier lui propose, sauf motif réel et sérieux, un emploi de même nature, pour la même saison de l'année suivante. La convention ou l'accord en définit les conditions, notamment la période d'essai, et prévoit en particulier dans quel délai cette proposition est faite au salarié avant le début de la saison ainsi que le montant minimum de l'indemnité perçue par le salarié s'il n'a pas reçu de proposition de réemploi.À défaut de stipulations conventionnelles au niveau de la branche ou de l'entreprise, dans les 17 branches où l'emploi saisonnier est particulièrement développé (la liste de ces branches est donnée par l’arrêté du 5 mai 2017), il appartient à l’employeur d’informer le salarié sous contrat de travail à caractère saisonnier des conditions de reconduction de son contrat avant l'échéance de ce dernier. Cette information peut se faire par tout moyen permettant de lui conférer date certaine (lettre recommandée avec AR, lettre remise en main propre contre décharge, courriel | Le travail saisonnier
Le travail saisonnier se caractérise par l' exécution de tâches normalement appelées à se répéter chaque année, à des dates à peu près fixes, en fonction du rythme des saisons (récolte, cueillette,... ) ou des modes de vie collectifs (tourisme... ). Cette variation d'activité doit être indépendante de la volonté de l'employeur. Les salariés directement occupés à des tâches saisonnières peuvent être recrutés en contrats à durée déterminée (CDD) prévoyant ou non un terme précis. Sous certaines conditions, des contrats saisonniers successifs peuvent être conclus avec le même salarié. De même, ils peuvent comporter une clause de reconduction .
Le contrat de travail peut comporter une clause prévoyant sa reconduction d'une saison à l'autre.Précaution à observer pour éviter la requalification du contrat en contrat de travail à durée indéterminée : la rédaction de la clause ne doit pas avoir pour effet d'imposer la reconduction automatique. Elle doit simplement prévoir une priorité d'emploi en faveur du salarié.Une convention ou un accord collectif de travail peut prévoir que tout employeur ayant occupé un salarié dans un emploi à caractère saisonnier lui propose, sauf motif réel et sérieux, un emploi de même nature, pour la même saison de l'année suivante. La convention ou l'accord en définit les conditions, notamment la période d'essai, et prévoit en particulier dans quel délai cette proposition est faite au salarié avant le début de la saison ainsi que le montant minimum de l'indemnité perçue par le salarié s'il n'a pas reçu de proposition de réemploi.À défaut de stipulations conventionnelles au niveau de la branche ou de l'entreprise, dans les 17 branches où l'emploi saisonnier est particulièrement développé (la liste de ces branches est donnée par l’arrêté du 5 mai 2017), il appartient à l’employeur d’informer le salarié sous contrat de travail à caractère saisonnier des conditions de reconduction de son contrat avant l'échéance de ce dernier. Cette information peut se faire par tout moyen permettant de lui conférer date certaine (lettre recommandée avec AR, lettre remise en main propre contre décharge, courriel | 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39343530336633656166653766336361 | article100986 | 4 | Le travail saisonnier | Travail-Emploi | travail-emploi | Le travail saisonnier se caractérise par l' exécution de tâches normalement appelées à se répéter chaque année, à des dates à peu près fixes, en fonction du rythme des saisons (récolte, cueillette,... ) ou des modes de vie collectifs (tourisme... ). Cette variation d'activité doit être indépendante de la volonté de l'employeur. Les salariés directement occupés à des tâches saisonnières peuvent être recrutés en contrats à durée déterminée (CDD) prévoyant ou non un terme précis. Sous certaines conditions, des contrats saisonniers successifs peuvent être conclus avec le même salarié. De même, ils peuvent comporter une clause de reconduction . | 06/12/2023 | https://travail-emploi.gouv.fr/le-travail-saisonnier | [
"La clause de reconduction"
] | décharge, courriel avec accusé de réception, etc. ). Dans ces mêmes branches, à défaut de stipulations conventionnelles au niveau de la branche ou de l'entreprise, tout salarié ayant été embauché sous contrat de travail à caractère saisonnier dans la même entreprise bénéficie d'un droit à la reconduction de son contrat dès lors que :Le salarié a effectué au moins deux mêmes saisons dans cette entreprise sur deux années consécutives ;L’employeur dispose d'un emploi saisonnier à pourvoir, compatible avec la qualification du salarié. Dans une telle situation, l’employeur informe le salarié de son droit à la reconduction de son contrat, par tout moyen permettant de conférer date certaine à cette information, dès lors que les conditions mentionnées ci-dessus sont réunies, sauf motif dûment fondé.Pour le calcul de l'ancienneté du salarié, il est fait cumul des durées des contrats de travail à caractère saisonnier successifs qu'il a effectué dans une même entreprise.Qui contacter ? Inspection du travailTextes de référence Articles L. 1242-2, L. 1242-7, L. 1244-1 à L. 1244-2-2 et L. 1244-4-1 du Code du travailLire en complément Le contrat à durée déterminée Le contrat de travail temporaireLes obligations de l'employeur lors de l'embaucheLa période d'essai | Le travail saisonnier
Le travail saisonnier se caractérise par l' exécution de tâches normalement appelées à se répéter chaque année, à des dates à peu près fixes, en fonction du rythme des saisons (récolte, cueillette,... ) ou des modes de vie collectifs (tourisme... ). Cette variation d'activité doit être indépendante de la volonté de l'employeur. Les salariés directement occupés à des tâches saisonnières peuvent être recrutés en contrats à durée déterminée (CDD) prévoyant ou non un terme précis. Sous certaines conditions, des contrats saisonniers successifs peuvent être conclus avec le même salarié. De même, ils peuvent comporter une clause de reconduction .
décharge, courriel avec accusé de réception, etc. ). Dans ces mêmes branches, à défaut de stipulations conventionnelles au niveau de la branche ou de l'entreprise, tout salarié ayant été embauché sous contrat de travail à caractère saisonnier dans la même entreprise bénéficie d'un droit à la reconduction de son contrat dès lors que :Le salarié a effectué au moins deux mêmes saisons dans cette entreprise sur deux années consécutives ;L’employeur dispose d'un emploi saisonnier à pourvoir, compatible avec la qualification du salarié. Dans une telle situation, l’employeur informe le salarié de son droit à la reconduction de son contrat, par tout moyen permettant de conférer date certaine à cette information, dès lors que les conditions mentionnées ci-dessus sont réunies, sauf motif dûment fondé.Pour le calcul de l'ancienneté du salarié, il est fait cumul des durées des contrats de travail à caractère saisonnier successifs qu'il a effectué dans une même entreprise.Qui contacter ? Inspection du travailTextes de référence Articles L. 1242-2, L. 1242-7, L. 1244-1 à L. 1244-2-2 et L. 1244-4-1 du Code du travailLire en complément Le contrat à durée déterminée Le contrat de travail temporaireLes obligations de l'employeur lors de l'embaucheLa période d'essai | 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62316462373465653466396631306632 | article100986 | 5 | Le travail saisonnier | Travail-Emploi | travail-emploi | Le travail saisonnier se caractérise par l' exécution de tâches normalement appelées à se répéter chaque année, à des dates à peu près fixes, en fonction du rythme des saisons (récolte, cueillette,... ) ou des modes de vie collectifs (tourisme... ). Cette variation d'activité doit être indépendante de la volonté de l'employeur. Les salariés directement occupés à des tâches saisonnières peuvent être recrutés en contrats à durée déterminée (CDD) prévoyant ou non un terme précis. Sous certaines conditions, des contrats saisonniers successifs peuvent être conclus avec le même salarié. De même, ils peuvent comporter une clause de reconduction . | 06/12/2023 | https://travail-emploi.gouv.fr/le-travail-saisonnier | [
"Qui contacter ?"
] | Inspection du travail | Le travail saisonnier
Le travail saisonnier se caractérise par l' exécution de tâches normalement appelées à se répéter chaque année, à des dates à peu près fixes, en fonction du rythme des saisons (récolte, cueillette,... ) ou des modes de vie collectifs (tourisme... ). Cette variation d'activité doit être indépendante de la volonté de l'employeur. Les salariés directement occupés à des tâches saisonnières peuvent être recrutés en contrats à durée déterminée (CDD) prévoyant ou non un terme précis. Sous certaines conditions, des contrats saisonniers successifs peuvent être conclus avec le même salarié. De même, ils peuvent comporter une clause de reconduction .
Inspection du travail | 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38386166633037383265376339616533 | article100986 | 6 | Le travail saisonnier | Travail-Emploi | travail-emploi | Le travail saisonnier se caractérise par l' exécution de tâches normalement appelées à se répéter chaque année, à des dates à peu près fixes, en fonction du rythme des saisons (récolte, cueillette,... ) ou des modes de vie collectifs (tourisme... ). Cette variation d'activité doit être indépendante de la volonté de l'employeur. Les salariés directement occupés à des tâches saisonnières peuvent être recrutés en contrats à durée déterminée (CDD) prévoyant ou non un terme précis. Sous certaines conditions, des contrats saisonniers successifs peuvent être conclus avec le même salarié. De même, ils peuvent comporter une clause de reconduction . | 06/12/2023 | https://travail-emploi.gouv.fr/le-travail-saisonnier | [
"Textes de référence"
] | Articles L. 1242-2, L. 1242-7, L. 1244-1 à L. 1244-2-2 et L. 1244-4-1 du Code du travail | Le travail saisonnier
Le travail saisonnier se caractérise par l' exécution de tâches normalement appelées à se répéter chaque année, à des dates à peu près fixes, en fonction du rythme des saisons (récolte, cueillette,... ) ou des modes de vie collectifs (tourisme... ). Cette variation d'activité doit être indépendante de la volonté de l'employeur. Les salariés directement occupés à des tâches saisonnières peuvent être recrutés en contrats à durée déterminée (CDD) prévoyant ou non un terme précis. Sous certaines conditions, des contrats saisonniers successifs peuvent être conclus avec le même salarié. De même, ils peuvent comporter une clause de reconduction .
Articles L. 1242-2, L. 1242-7, L. 1244-1 à L. 1244-2-2 et L. 1244-4-1 du Code du travail | 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65633837336463663531396232363865 | article100986 | 7 | Le travail saisonnier | Travail-Emploi | travail-emploi | Le travail saisonnier se caractérise par l' exécution de tâches normalement appelées à se répéter chaque année, à des dates à peu près fixes, en fonction du rythme des saisons (récolte, cueillette,... ) ou des modes de vie collectifs (tourisme... ). Cette variation d'activité doit être indépendante de la volonté de l'employeur. Les salariés directement occupés à des tâches saisonnières peuvent être recrutés en contrats à durée déterminée (CDD) prévoyant ou non un terme précis. Sous certaines conditions, des contrats saisonniers successifs peuvent être conclus avec le même salarié. De même, ils peuvent comporter une clause de reconduction . | 06/12/2023 | https://travail-emploi.gouv.fr/le-travail-saisonnier | [
"Lire en complément"
] | Le contrat à durée déterminée Le contrat de travail temporaireLes obligations de l'employeur lors de l'embaucheLa période d'essai | Le travail saisonnier
Le travail saisonnier se caractérise par l' exécution de tâches normalement appelées à se répéter chaque année, à des dates à peu près fixes, en fonction du rythme des saisons (récolte, cueillette,... ) ou des modes de vie collectifs (tourisme... ). Cette variation d'activité doit être indépendante de la volonté de l'employeur. Les salariés directement occupés à des tâches saisonnières peuvent être recrutés en contrats à durée déterminée (CDD) prévoyant ou non un terme précis. Sous certaines conditions, des contrats saisonniers successifs peuvent être conclus avec le même salarié. De même, ils peuvent comporter une clause de reconduction .
Le contrat à durée déterminée Le contrat de travail temporaireLes obligations de l'employeur lors de l'embaucheLa période d'essai | 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61663066336537646563326465323964 | article100987 | 0 | Le contrat vendanges | Travail-Emploi | travail-emploi | Type particulier de contrat saisonnier, le contrat vendanges permet de recruter un salarié pour les préparatifs des vendanges , leur réalisation (Exemple : cueillette du raisin, portage des hottes et paniers), l es travaux de rangement et de nettoyage du matériel. Caractéristiques du contrat : Sa durée (1 mois) ; La possibilité, pour un salarié, d'en conclure plusieurs successivement. | 27/05/2024 | https://travail-emploi.gouv.fr/le-contrat-vendanges | [
"Quels salariés ?"
] | Tous les salariés, y compris les salariés en congés payés et les agents publics, peuvent être embauchés par le biais du contrat vendanges.En principe, un salarié en congés payés n'a pas le droit de travailler et un agent public de cumuler son emploi avec un poste privé.Le contrat vendanges constitue une dérogation. Néanmoins, les intéressés doivent obtenir l'accord de leur employeur habituel quant à la date et la durée de leurs congés avant de s'engager dans un contrat vendanges. Et, par précaution, l'employeur signataire d'un tel contrat doit demander au salarié embauché une attestation sur l'honneur de l'accord de son employeur habituel.S’il s’agit d’un travailleur de nationalité étrangère, il doit être titulaire d’un titre ou document l’autorisant à travailler en France.Lors de sa rédaction (obligatoire), le contrat doit mentionner comme motif du recours : « Contrat vendanges ». Dans la déclaration préalable à l’embauche (DPAE) qu’il doit établir, l'employeur doit cocher la rubrique « contrat de type particulier » en indiquant « contrat vendanges ». | Le contrat vendanges
Type particulier de contrat saisonnier, le contrat vendanges permet de recruter un salarié pour les préparatifs des vendanges , leur réalisation (Exemple : cueillette du raisin, portage des hottes et paniers), l es travaux de rangement et de nettoyage du matériel. Caractéristiques du contrat : Sa durée (1 mois) ; La possibilité, pour un salarié, d'en conclure plusieurs successivement.
Tous les salariés, y compris les salariés en congés payés et les agents publics, peuvent être embauchés par le biais du contrat vendanges.En principe, un salarié en congés payés n'a pas le droit de travailler et un agent public de cumuler son emploi avec un poste privé.Le contrat vendanges constitue une dérogation. Néanmoins, les intéressés doivent obtenir l'accord de leur employeur habituel quant à la date et la durée de leurs congés avant de s'engager dans un contrat vendanges. Et, par précaution, l'employeur signataire d'un tel contrat doit demander au salarié embauché une attestation sur l'honneur de l'accord de son employeur habituel.S’il s’agit d’un travailleur de nationalité étrangère, il doit être titulaire d’un titre ou document l’autorisant à travailler en France.Lors de sa rédaction (obligatoire), le contrat doit mentionner comme motif du recours : « Contrat vendanges ». Dans la déclaration préalable à l’embauche (DPAE) qu’il doit établir, l'employeur doit cocher la rubrique « contrat de type particulier » en indiquant « contrat vendanges ». | 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30613338623030613365666539303262 | article100987 | 1 | Le contrat vendanges | Travail-Emploi | travail-emploi | Type particulier de contrat saisonnier, le contrat vendanges permet de recruter un salarié pour les préparatifs des vendanges , leur réalisation (Exemple : cueillette du raisin, portage des hottes et paniers), l es travaux de rangement et de nettoyage du matériel. Caractéristiques du contrat : Sa durée (1 mois) ; La possibilité, pour un salarié, d'en conclure plusieurs successivement. | 27/05/2024 | https://travail-emploi.gouv.fr/le-contrat-vendanges | [
"La durée du contrat"
] | La durée du contrat vendanges est limitée à 1 mois. Il précise la durée pour laquelle il est conclu. À défaut, il est réputé être établi pour une durée qui court jusqu'à la fin des vendanges.Aucun délai de carence n'est exigé entre deux contrats de vendanges successifs.Sauf dispositions conventionnelles plus favorables, l’indemnité de fin de contrat (ou « indemnité de précarité ») n’est pas due au terme du contrat vendanges. | Le contrat vendanges
Type particulier de contrat saisonnier, le contrat vendanges permet de recruter un salarié pour les préparatifs des vendanges , leur réalisation (Exemple : cueillette du raisin, portage des hottes et paniers), l es travaux de rangement et de nettoyage du matériel. Caractéristiques du contrat : Sa durée (1 mois) ; La possibilité, pour un salarié, d'en conclure plusieurs successivement.
La durée du contrat vendanges est limitée à 1 mois. Il précise la durée pour laquelle il est conclu. À défaut, il est réputé être établi pour une durée qui court jusqu'à la fin des vendanges.Aucun délai de carence n'est exigé entre deux contrats de vendanges successifs.Sauf dispositions conventionnelles plus favorables, l’indemnité de fin de contrat (ou « indemnité de précarité ») n’est pas due au terme du contrat vendanges. | 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33383333373339643537333664393831 | article100987 | 2 | Le contrat vendanges | Travail-Emploi | travail-emploi | Type particulier de contrat saisonnier, le contrat vendanges permet de recruter un salarié pour les préparatifs des vendanges , leur réalisation (Exemple : cueillette du raisin, portage des hottes et paniers), l es travaux de rangement et de nettoyage du matériel. Caractéristiques du contrat : Sa durée (1 mois) ; La possibilité, pour un salarié, d'en conclure plusieurs successivement. | 27/05/2024 | https://travail-emploi.gouv.fr/le-contrat-vendanges | [
"La possibilité pour un salarié de conclure plusieurs contrats vendanges"
] | Un même salarié peut conclure - avec le même employeur ou des employeurs différents - plusieurs contrats vendanges successifs sans que le cumul des contrats n'excède, au total, deux mois sur une période de douze mois.Qui contacter Caisse Centrale de la Mutualité Sociale Agricole : MSATextes de référence Articles L. 718-4 à L. 718-6 du Code rural et de la pêche maritimeLire en complément Le travail saisonnierLe contrat à durée déterminéeLe contrat à durée déterminée à objet définiLe contrat à durée déterminée d'usage | Le contrat vendanges
Type particulier de contrat saisonnier, le contrat vendanges permet de recruter un salarié pour les préparatifs des vendanges , leur réalisation (Exemple : cueillette du raisin, portage des hottes et paniers), l es travaux de rangement et de nettoyage du matériel. Caractéristiques du contrat : Sa durée (1 mois) ; La possibilité, pour un salarié, d'en conclure plusieurs successivement.
Un même salarié peut conclure - avec le même employeur ou des employeurs différents - plusieurs contrats vendanges successifs sans que le cumul des contrats n'excède, au total, deux mois sur une période de douze mois.Qui contacter Caisse Centrale de la Mutualité Sociale Agricole : MSATextes de référence Articles L. 718-4 à L. 718-6 du Code rural et de la pêche maritimeLire en complément Le travail saisonnierLe contrat à durée déterminéeLe contrat à durée déterminée à objet définiLe contrat à durée déterminée d'usage | 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63633439653661653836333365323439 | article100987 | 5 | Le contrat vendanges | Travail-Emploi | travail-emploi | Type particulier de contrat saisonnier, le contrat vendanges permet de recruter un salarié pour les préparatifs des vendanges , leur réalisation (Exemple : cueillette du raisin, portage des hottes et paniers), l es travaux de rangement et de nettoyage du matériel. Caractéristiques du contrat : Sa durée (1 mois) ; La possibilité, pour un salarié, d'en conclure plusieurs successivement. | 27/05/2024 | https://travail-emploi.gouv.fr/le-contrat-vendanges | [
"Lire en complément"
] | Le travail saisonnierLe contrat à durée déterminéeLe contrat à durée déterminée à objet définiLe contrat à durée déterminée d'usage | Le contrat vendanges
Type particulier de contrat saisonnier, le contrat vendanges permet de recruter un salarié pour les préparatifs des vendanges , leur réalisation (Exemple : cueillette du raisin, portage des hottes et paniers), l es travaux de rangement et de nettoyage du matériel. Caractéristiques du contrat : Sa durée (1 mois) ; La possibilité, pour un salarié, d'en conclure plusieurs successivement.
Le travail saisonnierLe contrat à durée déterminéeLe contrat à durée déterminée à objet définiLe contrat à durée déterminée d'usage | 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35383462663764326138363131373033 | article100988 | 0 | La modification du contrat de travail | Travail-Emploi | travail-emploi | Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction. | 16/04/2025 | https://travail-emploi.gouv.fr/la-modification-du-contrat-de-travail | [
"La modification du contrat de travail"
] | À savoir ! Même si la modification du contrat de travail est décidée à titre de sanction disciplinaire, le salarié peut la refuser. | La modification du contrat de travail
Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction.
À savoir ! Même si la modification du contrat de travail est décidée à titre de sanction disciplinaire, le salarié peut la refuser. | 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31353065663739316635303937346535 | article100988 | 1 | La modification du contrat de travail | Travail-Emploi | travail-emploi | Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction. | 16/04/2025 | https://travail-emploi.gouv.fr/la-modification-du-contrat-de-travail | [
"L'employeur peut-il modifier le contrat de travail ?"
] | L'employeur peut proposer au salarié une modification d’un élément essentiel de son contrat de travail ou un simple changement de ses conditions de travail.Situation des salariés protégés L’employeur ne peut imposer au salarié bénéficiant d’une protection particulière (délégué syndical, membre élu de la délégation du personnel au CSE, etc. ) ni une modification de son contrat de travail, ni un simple changement de ses conditions de travail (y compris un placement en activité partielle). Dans l’un ou l’autre cas, l’accord du salarié est requis. En cas de refus, il appartient à l’employeur, soit de maintenir le salarié dans ses fonctions, soit de mettre en œuvre la procédure spéciale de licenciement.Les éléments essentiels du contrat de travail ne font pas l’objet d’une définition légale. En font partie la rémunération, la qualification, la durée du travail stipulée au contrat (voir toutefois ci-dessous) et, plus généralement, les attributions du salarié.La modification peut également porter sur un élément du contrat qui pouvait être déterminant pour le salarié lors de la conclusion du contrat à condition que cela soit stipulé par une clause claire et précise dans le contrat de travail ou dans un avenant à ce contrat.ExemplesLe lieu de travailLe changement de lieu de travail constitue une modification du contrat de travail si le nouveau lieu de travail se situe dans un secteur géographique différent. Même dans ce cas, il n’y a toutefois pas modification du contrat de travail si | La modification du contrat de travail
Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction.
L'employeur peut proposer au salarié une modification d’un élément essentiel de son contrat de travail ou un simple changement de ses conditions de travail.Situation des salariés protégés L’employeur ne peut imposer au salarié bénéficiant d’une protection particulière (délégué syndical, membre élu de la délégation du personnel au CSE, etc. ) ni une modification de son contrat de travail, ni un simple changement de ses conditions de travail (y compris un placement en activité partielle). Dans l’un ou l’autre cas, l’accord du salarié est requis. En cas de refus, il appartient à l’employeur, soit de maintenir le salarié dans ses fonctions, soit de mettre en œuvre la procédure spéciale de licenciement.Les éléments essentiels du contrat de travail ne font pas l’objet d’une définition légale. En font partie la rémunération, la qualification, la durée du travail stipulée au contrat (voir toutefois ci-dessous) et, plus généralement, les attributions du salarié.La modification peut également porter sur un élément du contrat qui pouvait être déterminant pour le salarié lors de la conclusion du contrat à condition que cela soit stipulé par une clause claire et précise dans le contrat de travail ou dans un avenant à ce contrat.ExemplesLe lieu de travailLe changement de lieu de travail constitue une modification du contrat de travail si le nouveau lieu de travail se situe dans un secteur géographique différent. Même dans ce cas, il n’y a toutefois pas modification du contrat de travail si | 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31346261333765613937336338356430 | article100988 | 2 | La modification du contrat de travail | Travail-Emploi | travail-emploi | Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction. | 16/04/2025 | https://travail-emploi.gouv.fr/la-modification-du-contrat-de-travail | [
"L'employeur peut-il modifier le contrat de travail ?"
] | de travail si le salarié est soumis à une obligation contractuelle ou conventionnelle de mobilité. Le contrat de travail (ou un avenant à ce contrat) peut toutefois prévoir, par une clause claire et précise, que le salarié exécutera son travail exclusivement dans le lieu qu’il mentionne ; dans ce cas, tout changement de lieu de travail, y compris dans le même secteur géographique, constitue une modification d’un élément essentiel du contrat de travail qui ne peut être imposée au salarié. À noter également que la mise en œuvre du télétravail peut être considérée comme un aménagement du poste de travail, rendu nécessaire pour permettre la continuité de l'activité de l'entreprise et garantir la protection des salariés, lorsqu’elle intervient en cas de circonstances exceptionnelles, notamment de menace d'épidémie, ou en cas de force majeure. L’horaire du travailSi la modification est importante, par exemple : passage d’un horaire de jour à un horaire de nuit - ou inversement -, passage d’un horaire fixe à un horaire variable ou passage d'un horaire continu à un horaire discontinu. Le changement de l’horaire de travail constitue une modification du contrat de travail si la modification est importante, par exemple : passage d’un horaire de jour à un horaire de nuit - ou inversement -, passage d’un horaire fixe à un horaire variable ou passage d'un horaire continu à un horaire discontinu (si la modification est prévue par le contrat de travail, voir ci-dessous). | La modification du contrat de travail
Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction.
de travail si le salarié est soumis à une obligation contractuelle ou conventionnelle de mobilité. Le contrat de travail (ou un avenant à ce contrat) peut toutefois prévoir, par une clause claire et précise, que le salarié exécutera son travail exclusivement dans le lieu qu’il mentionne ; dans ce cas, tout changement de lieu de travail, y compris dans le même secteur géographique, constitue une modification d’un élément essentiel du contrat de travail qui ne peut être imposée au salarié. À noter également que la mise en œuvre du télétravail peut être considérée comme un aménagement du poste de travail, rendu nécessaire pour permettre la continuité de l'activité de l'entreprise et garantir la protection des salariés, lorsqu’elle intervient en cas de circonstances exceptionnelles, notamment de menace d'épidémie, ou en cas de force majeure. L’horaire du travailSi la modification est importante, par exemple : passage d’un horaire de jour à un horaire de nuit - ou inversement -, passage d’un horaire fixe à un horaire variable ou passage d'un horaire continu à un horaire discontinu. Le changement de l’horaire de travail constitue une modification du contrat de travail si la modification est importante, par exemple : passage d’un horaire de jour à un horaire de nuit - ou inversement -, passage d’un horaire fixe à un horaire variable ou passage d'un horaire continu à un horaire discontinu (si la modification est prévue par le contrat de travail, voir ci-dessous). | 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62613633326638333162626462373136 | article101008 | 7 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | syndicales représentatives peuvent conclure un accord de méthode afin d’adapter la négociation obligatoire au contexte de l’entreprise. Enfin, comme toute obligation, son non-respect entraîne des sanctions pour l’employeur. Vous avez apprécié ce contenu et la pratique du droit du travail vous intéresse ? Découvrez le métier d’inspecteur du travail, un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur l’ensemble du champ couvert par le Code du travail et bien plus encore. À très bientôt, pour un nouvel épisode consacré au droit du travail.La conclusion des accords d'entreprise en vidéo (web série droit du travail)Lire la retranscription textuelle Selon une étude de la Dares, ce sont plus de 114 000 accords qui ont été déposés en 2022 par les entreprises auprès de l'administration. Cette étude pointe une réelle accentuation de la dynamique de négociation collective en entreprise. Elle nous renseigne également sur une réelle diversité des signataires de ces accords. En effet, on constate que 51% d'entre eux sont signés par des délégués syndicaux, alors que 26% sont approuvés directement par les salariés à la majorité des deux tiers. Quelles sont donc les modalités de conclusion des accords d'entreprise ? C'est ce que nous allons voir. Bonjour c’est Honorine, aujourd'hui, je vais vous présenter la conclusion des accords d'entreprise, un épisode d'une série consacrée au droit du travail. La négociation d'entreprise permet à l'employeur et aux | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
syndicales représentatives peuvent conclure un accord de méthode afin d’adapter la négociation obligatoire au contexte de l’entreprise. Enfin, comme toute obligation, son non-respect entraîne des sanctions pour l’employeur. Vous avez apprécié ce contenu et la pratique du droit du travail vous intéresse ? Découvrez le métier d’inspecteur du travail, un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur l’ensemble du champ couvert par le Code du travail et bien plus encore. À très bientôt, pour un nouvel épisode consacré au droit du travail.La conclusion des accords d'entreprise en vidéo (web série droit du travail)Lire la retranscription textuelle Selon une étude de la Dares, ce sont plus de 114 000 accords qui ont été déposés en 2022 par les entreprises auprès de l'administration. Cette étude pointe une réelle accentuation de la dynamique de négociation collective en entreprise. Elle nous renseigne également sur une réelle diversité des signataires de ces accords. En effet, on constate que 51% d'entre eux sont signés par des délégués syndicaux, alors que 26% sont approuvés directement par les salariés à la majorité des deux tiers. Quelles sont donc les modalités de conclusion des accords d'entreprise ? C'est ce que nous allons voir. Bonjour c’est Honorine, aujourd'hui, je vais vous présenter la conclusion des accords d'entreprise, un épisode d'une série consacrée au droit du travail. La négociation d'entreprise permet à l'employeur et aux | 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32306539313931613331643166323262 | article100988 | 3 | La modification du contrat de travail | Travail-Emploi | travail-emploi | Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction. | 16/04/2025 | https://travail-emploi.gouv.fr/la-modification-du-contrat-de-travail | [
"Quelles sont les conséquences d'un refus du salarié ou d'un défaut de réponse ?"
] | Le simple changement des conditions de travail peut être imposé par l’employeur dans le cadre de son pouvoir de direction. Le refus du salarié n’entraîne pas, à lui seul, la rupture du contrat mais constitue une faute professionnelle que l’employeur peut sanctionner, au besoin par le licenciement. L’employeur peut éventuellement prononcer un licenciement pour faute grave, sans préavis ni indemnités. La modification d’un élément essentiel du contrat de travail ne peut être imposée par l’employeur, mais seulement proposée au salarié concerné. En cas de refus de ce dernier, il appartient à l’employeur, soit de renoncer à modifier le contrat, soit de licencier le salarié. Il doit alors respecter la procédure de licenciement, le préavis et, le cas échéant, verser des indemnités de licenciement.Une modification peut être prévue par une clause du contrat de travail (clause de mobilité, clause de changement d'horaire par exemple). La mise en œuvre d'une telle clause ne constitue pas une modification du contrat de travail soumise à l'accord du salarié si son application n'est pas abusive, c'est à dire si elle est décidée dans l'intérêt de l'entreprise (et non pour nuire au salarié) et réalisée après un délai de prévenance (et non de façon précipitée). Dans une telle situation, la Cour de cassation estime toutefois que le licenciement faisant suite au refus par le salarié d’une modification de ses horaires de travail (passage d’un travail de nuit à un travail de jour), pourtant prévue | La modification du contrat de travail
Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction.
Le simple changement des conditions de travail peut être imposé par l’employeur dans le cadre de son pouvoir de direction. Le refus du salarié n’entraîne pas, à lui seul, la rupture du contrat mais constitue une faute professionnelle que l’employeur peut sanctionner, au besoin par le licenciement. L’employeur peut éventuellement prononcer un licenciement pour faute grave, sans préavis ni indemnités. La modification d’un élément essentiel du contrat de travail ne peut être imposée par l’employeur, mais seulement proposée au salarié concerné. En cas de refus de ce dernier, il appartient à l’employeur, soit de renoncer à modifier le contrat, soit de licencier le salarié. Il doit alors respecter la procédure de licenciement, le préavis et, le cas échéant, verser des indemnités de licenciement.Une modification peut être prévue par une clause du contrat de travail (clause de mobilité, clause de changement d'horaire par exemple). La mise en œuvre d'une telle clause ne constitue pas une modification du contrat de travail soumise à l'accord du salarié si son application n'est pas abusive, c'est à dire si elle est décidée dans l'intérêt de l'entreprise (et non pour nuire au salarié) et réalisée après un délai de prévenance (et non de façon précipitée). Dans une telle situation, la Cour de cassation estime toutefois que le licenciement faisant suite au refus par le salarié d’une modification de ses horaires de travail (passage d’un travail de nuit à un travail de jour), pourtant prévue | 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32313866383861353333333366333431 | article100988 | 4 | La modification du contrat de travail | Travail-Emploi | travail-emploi | Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction. | 16/04/2025 | https://travail-emploi.gouv.fr/la-modification-du-contrat-de-travail | [
"Quelles sont les conséquences d'un refus du salarié ou d'un défaut de réponse ?"
] | pourtant prévue au contrat de travail, devait être considéré comme dépourvu de cause réelle et sérieuse, dès lors que le salarié avait pu justifier, à l’appui de ce refus, d’un motif lié au respect de la vie personnelle et familiale nécessitant un maintien de ses horaires de nuit (voir l’arrêt de la Cour de cassation du 29 mai 2024). | La modification du contrat de travail
Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction.
pourtant prévue au contrat de travail, devait être considéré comme dépourvu de cause réelle et sérieuse, dès lors que le salarié avait pu justifier, à l’appui de ce refus, d’un motif lié au respect de la vie personnelle et familiale nécessitant un maintien de ses horaires de nuit (voir l’arrêt de la Cour de cassation du 29 mai 2024). | 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38316639663965313930363064396261 | article100988 | 5 | La modification du contrat de travail | Travail-Emploi | travail-emploi | Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction. | 16/04/2025 | https://travail-emploi.gouv.fr/la-modification-du-contrat-de-travail | [
"La réduction du temps de travail par voie d'accord constitue-t-elle une modification du contrat de travail ?"
] | La réduction du temps de travail organisée par voie de convention ou d'accord collectif constitue une modification du contrat de travail si elle s'accompagne d'une réduction de rémunération ou d'un avantage prévu par le contrat par exemple. Lorsque le ou les salariés concernés refusent une telle modification, l'employeur peut procéder à leur licenciement en respectant - pour chacun d'eux - la procédure de licenciement individuel.En revanche, la seule diminution des heures de travail résultant de l’accord collectif est assimilée à un simple changement des conditions de travail que le salarié est tenu d’accepter. | La modification du contrat de travail
Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction.
La réduction du temps de travail organisée par voie de convention ou d'accord collectif constitue une modification du contrat de travail si elle s'accompagne d'une réduction de rémunération ou d'un avantage prévu par le contrat par exemple. Lorsque le ou les salariés concernés refusent une telle modification, l'employeur peut procéder à leur licenciement en respectant - pour chacun d'eux - la procédure de licenciement individuel.En revanche, la seule diminution des heures de travail résultant de l’accord collectif est assimilée à un simple changement des conditions de travail que le salarié est tenu d’accepter. | 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65643165396362313461323131613432 | article100988 | 6 | La modification du contrat de travail | Travail-Emploi | travail-emploi | Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction. | 16/04/2025 | https://travail-emploi.gouv.fr/la-modification-du-contrat-de-travail | [
"Le salarié dispose-t-il d'un délai pour refuser la modification du contrat ?"
] | Le salarié auquel est proposée une modification d’un élément essentiel de son contrat de travail dispose d’un délai de réflexion.Si la modification n'a pas une cause économiqueLa loi ne prévoit pas de procédure particulière. Cependant l’employeur doit informer le salarié de sa proposition de modification et lui laisser un délai suffisant de réponse. L’absence de réponse du salarié au terme de ce délai ne vaut pas acceptation. Le salarié peut réagir, même longtemps après la mise en œuvre de la modification. La procédure à suivre peut également résulter des dispositions de la convention collective applicable à l’entreprise, à laquelle il conviendra donc, le cas échéant, de se reporter.Pour tout litige concernant la modification et la rupture du contrat de travail, l'employeur comme le salarié peuvent saisir le conseil de prud'hommes.Si la modification a une cause économiqueLorsque la modification envisagé d'un élément essentiel du contrat de travail repose s’un l’un des motifs économiques énoncés à l'article L. 1233-3 du code du travail, l’employeur informe chaque salarié de sa proposition par lettre recommandée avec accusé de réception (ou par LR électronique répondant aux exigences posées par les articles L. 100 et R. 53-1 à R. 53-4 du code des postes et des communications électroniques, à condition que le salarié ait consenti à recevoir des envois recommandés électroniques).Cette lettre doit préciser le motif économique pour lequel cette modification est envisagée. | La modification du contrat de travail
Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction.
Le salarié auquel est proposée une modification d’un élément essentiel de son contrat de travail dispose d’un délai de réflexion.Si la modification n'a pas une cause économiqueLa loi ne prévoit pas de procédure particulière. Cependant l’employeur doit informer le salarié de sa proposition de modification et lui laisser un délai suffisant de réponse. L’absence de réponse du salarié au terme de ce délai ne vaut pas acceptation. Le salarié peut réagir, même longtemps après la mise en œuvre de la modification. La procédure à suivre peut également résulter des dispositions de la convention collective applicable à l’entreprise, à laquelle il conviendra donc, le cas échéant, de se reporter.Pour tout litige concernant la modification et la rupture du contrat de travail, l'employeur comme le salarié peuvent saisir le conseil de prud'hommes.Si la modification a une cause économiqueLorsque la modification envisagé d'un élément essentiel du contrat de travail repose s’un l’un des motifs économiques énoncés à l'article L. 1233-3 du code du travail, l’employeur informe chaque salarié de sa proposition par lettre recommandée avec accusé de réception (ou par LR électronique répondant aux exigences posées par les articles L. 100 et R. 53-1 à R. 53-4 du code des postes et des communications électroniques, à condition que le salarié ait consenti à recevoir des envois recommandés électroniques).Cette lettre doit préciser le motif économique pour lequel cette modification est envisagée. | 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30336262363832616337643833653930 | article101008 | 8 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | l'employeur et aux salariés ou à leurs représentants d'adapter quelques règles du droit du travail aux spécificités de leur entreprise. Selon une étude publiée en décembre la négociation collective d'entreprise a le vent en poupe. En effet, on constate une augmentation de plus de 15% du nombre d'accords déposés entre 2021 et 2022. Pour faciliter cette dynamique, le législateur a engagé depuis 2014 un mouvement ouvrant la possibilité de signer des accords avec d'autres parties que les délégués syndicaux. Les ordonnances dites « Macron », publiées le 23 septembre 2017, sont venues compléter ce dispositif. En droit positif, il est désormais possible de négocier avec les délégués syndicaux ou, en leur absence, avec le comité social et économique, avec des salariés mandatés, ou encore de faire approuver par les salariés un texte proposé unilatéralement par l'employeur. Pour étudier cette thématique, il convient donc dans un premier temps de s'intéresser à la négociation avec les délégués syndicaux, puis, dans une seconde partie, aux autres modes de conclusion d'accords. Commençons donc par évoquer la conclusion d'accords avec les délégués syndicaux. Cette forme de négociation est historiquement la voie traditionnelle de la négociation en France. Elle représente encore, selon la Dares, plus de 51% des accords déposés auprès des services du ministère du Travail en 2022. Aux termes des dispositions de l'article L. 2232-12 du Code du travail, la validité de l'accord d'entreprise est | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
l'employeur et aux salariés ou à leurs représentants d'adapter quelques règles du droit du travail aux spécificités de leur entreprise. Selon une étude publiée en décembre la négociation collective d'entreprise a le vent en poupe. En effet, on constate une augmentation de plus de 15% du nombre d'accords déposés entre 2021 et 2022. Pour faciliter cette dynamique, le législateur a engagé depuis 2014 un mouvement ouvrant la possibilité de signer des accords avec d'autres parties que les délégués syndicaux. Les ordonnances dites « Macron », publiées le 23 septembre 2017, sont venues compléter ce dispositif. En droit positif, il est désormais possible de négocier avec les délégués syndicaux ou, en leur absence, avec le comité social et économique, avec des salariés mandatés, ou encore de faire approuver par les salariés un texte proposé unilatéralement par l'employeur. Pour étudier cette thématique, il convient donc dans un premier temps de s'intéresser à la négociation avec les délégués syndicaux, puis, dans une seconde partie, aux autres modes de conclusion d'accords. Commençons donc par évoquer la conclusion d'accords avec les délégués syndicaux. Cette forme de négociation est historiquement la voie traditionnelle de la négociation en France. Elle représente encore, selon la Dares, plus de 51% des accords déposés auprès des services du ministère du Travail en 2022. Aux termes des dispositions de l'article L. 2232-12 du Code du travail, la validité de l'accord d'entreprise est | 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63386637326564643335646135383035 | article100988 | 7 | La modification du contrat de travail | Travail-Emploi | travail-emploi | Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction. | 16/04/2025 | https://travail-emploi.gouv.fr/la-modification-du-contrat-de-travail | [
"Le salarié dispose-t-il d'un délai pour refuser la modification du contrat ?"
] | est envisagée. Conformément aux dispositions de l’article L. 1222-6 du code du travail, le salarié dispose alors d’un délai d’un mois (ou de quinze jours si l'entreprise est en redressement judiciaire ou en liquidation judiciaire) pour faire connaître son refus (ce délai doit être mentionné dans la lettre). À défaut de réponse dans ce délai, le salarié est réputé avoir accepté la modification proposée. Selon la Cour de cassation (arrêts du 25 juin 2008 et du 8 novembre 2023), le salarié doit être informé de ses nouvelles conditions d’emploi, et le délai d'un mois qui lui est laissé constitue une période de réflexion destinée à lui permettre de prendre parti sur la proposition de modification en mesurant les conséquences de son choix ; l'inobservation de ces obligations par l'employeur prive de cause réelle et sérieuse le licenciement fondé sur le refus par un salarié de la modification de son contrat de travail.Constitue un licenciement économique, le licenciement effectué par l'employeur résultant d'une modification, refusée par le salarié, d'un élément essentiel de son contrat de travail consécutive notamment à des difficultés économiques ou à des mutations technologiques ou à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ;Lorsqu'au moins 10 salariés ont refusé la modification d'un élément essentiel de leur contrat de travail proposée par leur employeur pour un motif économique et que leur licenciement est envisagé, celui-ci est soumis | La modification du contrat de travail
Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction.
est envisagée. Conformément aux dispositions de l’article L. 1222-6 du code du travail, le salarié dispose alors d’un délai d’un mois (ou de quinze jours si l'entreprise est en redressement judiciaire ou en liquidation judiciaire) pour faire connaître son refus (ce délai doit être mentionné dans la lettre). À défaut de réponse dans ce délai, le salarié est réputé avoir accepté la modification proposée. Selon la Cour de cassation (arrêts du 25 juin 2008 et du 8 novembre 2023), le salarié doit être informé de ses nouvelles conditions d’emploi, et le délai d'un mois qui lui est laissé constitue une période de réflexion destinée à lui permettre de prendre parti sur la proposition de modification en mesurant les conséquences de son choix ; l'inobservation de ces obligations par l'employeur prive de cause réelle et sérieuse le licenciement fondé sur le refus par un salarié de la modification de son contrat de travail.Constitue un licenciement économique, le licenciement effectué par l'employeur résultant d'une modification, refusée par le salarié, d'un élément essentiel de son contrat de travail consécutive notamment à des difficultés économiques ou à des mutations technologiques ou à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ;Lorsqu'au moins 10 salariés ont refusé la modification d'un élément essentiel de leur contrat de travail proposée par leur employeur pour un motif économique et que leur licenciement est envisagé, celui-ci est soumis | 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66666164353635313834306531393964 | article100988 | 8 | La modification du contrat de travail | Travail-Emploi | travail-emploi | Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction. | 16/04/2025 | https://travail-emploi.gouv.fr/la-modification-du-contrat-de-travail | [
"Le salarié dispose-t-il d'un délai pour refuser la modification du contrat ?"
] | celui-ci est soumis aux dispositions applicables en cas de licenciement collectif pour motif économique (notamment l'obligation pour l'employeur d'élaborer un plan de sauvegarde de l'emploi) ;Des dispositions spécifiques sont applicables en cas de mise en œuvre, dans l’entreprise, d’un accord de performance collective.Textes de référence Articles L. 1222-6 à L. 1222-8, L. 1233-3, L. 1233-25 et L. 2254-2 du Code du travailLire en complément La procédure de licenciement individuel pour motif économique | La modification du contrat de travail
Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction.
celui-ci est soumis aux dispositions applicables en cas de licenciement collectif pour motif économique (notamment l'obligation pour l'employeur d'élaborer un plan de sauvegarde de l'emploi) ;Des dispositions spécifiques sont applicables en cas de mise en œuvre, dans l’entreprise, d’un accord de performance collective.Textes de référence Articles L. 1222-6 à L. 1222-8, L. 1233-3, L. 1233-25 et L. 2254-2 du Code du travailLire en complément La procédure de licenciement individuel pour motif économique | 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|
30666662353733313836356466646462 | article100988 | 9 | La modification du contrat de travail | Travail-Emploi | travail-emploi | Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction. | 16/04/2025 | https://travail-emploi.gouv.fr/la-modification-du-contrat-de-travail | [
"Textes de référence"
] | Articles L. 1222-6 à L. 1222-8, L. 1233-3, L. 1233-25 et L. 2254-2 du Code du travail | La modification du contrat de travail
Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction.
Articles L. 1222-6 à L. 1222-8, L. 1233-3, L. 1233-25 et L. 2254-2 du Code du travail | 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36386434643766333535613138386438 | article100988 | 10 | La modification du contrat de travail | Travail-Emploi | travail-emploi | Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction. | 16/04/2025 | https://travail-emploi.gouv.fr/la-modification-du-contrat-de-travail | [
"Lire en complément"
] | La procédure de licenciement individuel pour motif économique | La modification du contrat de travail
Deux situations doivent être distinguées : l' employeur peut souhaiter modifier un ou plusieurs éléments essentiels du contrat de travail : dans ce cas, cette modification, assimilée à une modification du contrat lui-même, nécessite l'accord du salarié concerné ; les modifications décidées par l'employeur peuvent ne constituer qu'un changement des conditions de travail du salarié ; dans ce cas, l'employeur peut imposer ces changements au salarié, dans le cadre de son pouvoir de direction.
La procédure de licenciement individuel pour motif économique | 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64666664373537623039633534356335 | article100989 | 0 | Le changement de la situation juridique de l'employeur | Travail-Emploi | travail-emploi | Le changement de la situation juridique de l'employeur avec lequel le contrat de travail a été signé, peut résulter du décès de celui-ci, d'une vente, d'une transformation d'un fonds, d'une fusion d'entreprise, d'une mise en location-gérance ou d'une reprise par le propriétaire. .. En principe, les contrats de travail sont maintenus . | 06/12/2024 | https://travail-emploi.gouv.fr/le-changement-de-la-situation-juridique-de-lemployeur | [
"Le changement de la situation juridique de l'employeur"
] | À savoir ! Les salariés dont le contrat a été rompu (licenciement, démission...) avant la modification dans la situation de l’entreprise ne peuvent prétendre au transfert du contrat de travail au nouvel employeur. | Le changement de la situation juridique de l'employeur
Le changement de la situation juridique de l'employeur avec lequel le contrat de travail a été signé, peut résulter du décès de celui-ci, d'une vente, d'une transformation d'un fonds, d'une fusion d'entreprise, d'une mise en location-gérance ou d'une reprise par le propriétaire. .. En principe, les contrats de travail sont maintenus .
À savoir ! Les salariés dont le contrat a été rompu (licenciement, démission...) avant la modification dans la situation de l’entreprise ne peuvent prétendre au transfert du contrat de travail au nouvel employeur. | 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39313866646633383030613066633164 | article100989 | 1 | Le changement de la situation juridique de l'employeur | Travail-Emploi | travail-emploi | Le changement de la situation juridique de l'employeur avec lequel le contrat de travail a été signé, peut résulter du décès de celui-ci, d'une vente, d'une transformation d'un fonds, d'une fusion d'entreprise, d'une mise en location-gérance ou d'une reprise par le propriétaire. .. En principe, les contrats de travail sont maintenus . | 06/12/2024 | https://travail-emploi.gouv.fr/le-changement-de-la-situation-juridique-de-lemployeur | [
"Le maintien des contrats de travail : à quelles conditions ?"
] | Si, malgré le changement survenu, l'entité économique concernée conserve son identité, l'activité est poursuivie ou reprise, les contrats de travail en cours sont maintenus.L'application de ce principe implique que l'entreprise continue à fonctionner dans les conditions d'exploitation analogues aux précédentes (similitude des procédés techniques et du matériel utilisé, mêmes types de postes de travail... ).Ainsi, par exemple, il y a maintien des contrats de travail dès lors que l'activité hôtelière d'une société, mise en redressement judiciaire et poursuivie par une autre, conserve ses caractéristiques.Cas particuliers Les articles L. 1224-3 et L. 1224-3-1 du Code du travail, auxquels on se reportera, fixent respectivement :la situation des salariés de droit privé lorsque l’activité de l’entité économique qui les emploie est, par transfert de cette entité, reprise par une personne publique dans le cadre d'un service public administratif ;la situation des agents non titulaires de droit public lorsque l'activité de la personne morale de droit public qui les emploie est reprise par une personne morale de droit privé ou par un organisme de droit public gérant un service public industriel et commercial. | Le changement de la situation juridique de l'employeur
Le changement de la situation juridique de l'employeur avec lequel le contrat de travail a été signé, peut résulter du décès de celui-ci, d'une vente, d'une transformation d'un fonds, d'une fusion d'entreprise, d'une mise en location-gérance ou d'une reprise par le propriétaire. .. En principe, les contrats de travail sont maintenus .
Si, malgré le changement survenu, l'entité économique concernée conserve son identité, l'activité est poursuivie ou reprise, les contrats de travail en cours sont maintenus.L'application de ce principe implique que l'entreprise continue à fonctionner dans les conditions d'exploitation analogues aux précédentes (similitude des procédés techniques et du matériel utilisé, mêmes types de postes de travail... ).Ainsi, par exemple, il y a maintien des contrats de travail dès lors que l'activité hôtelière d'une société, mise en redressement judiciaire et poursuivie par une autre, conserve ses caractéristiques.Cas particuliers Les articles L. 1224-3 et L. 1224-3-1 du Code du travail, auxquels on se reportera, fixent respectivement :la situation des salariés de droit privé lorsque l’activité de l’entité économique qui les emploie est, par transfert de cette entité, reprise par une personne publique dans le cadre d'un service public administratif ;la situation des agents non titulaires de droit public lorsque l'activité de la personne morale de droit public qui les emploie est reprise par une personne morale de droit privé ou par un organisme de droit public gérant un service public industriel et commercial. | 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37353939646230623130396233643432 | article100989 | 2 | Le changement de la situation juridique de l'employeur | Travail-Emploi | travail-emploi | Le changement de la situation juridique de l'employeur avec lequel le contrat de travail a été signé, peut résulter du décès de celui-ci, d'une vente, d'une transformation d'un fonds, d'une fusion d'entreprise, d'une mise en location-gérance ou d'une reprise par le propriétaire. .. En principe, les contrats de travail sont maintenus . | 06/12/2024 | https://travail-emploi.gouv.fr/le-changement-de-la-situation-juridique-de-lemployeur | [
"Quels sont les salariés concernés ?"
] | Le maintien des contrats s'opère automatiquement pour tous les contrats de travail en cours au moment du changement dans la situation juridique de l'employeur. Aucune notification au salarié n'est nécessaire.Sont donc concernés, les salariés titulaires de :contrat à durée indéterminée ou déterminée, à temps plein ou partiel ;contrat d'apprentissage, d'insertion en alternance ou de tout autre contrat de travail de type particulier.Peu importe que le salarié soit en période d'essai ou de préavis. De même, la suspension du contrat de travail au moment où survient le changement n'empêche pas l'application du principe. Ainsi, un salarié en congé parental d'éducation, en congé maternité ou paternité, en congé maladie ou en formation bénéficie du maintien de son contrat de travail.Seuls les salariés dont le contrat a été rompu (licenciement, démission... ) avant que survienne la modification dans la situation de l'entreprise, ne peuvent prétendre au transfert du contrat de travail au nouvel employeur. | Le changement de la situation juridique de l'employeur
Le changement de la situation juridique de l'employeur avec lequel le contrat de travail a été signé, peut résulter du décès de celui-ci, d'une vente, d'une transformation d'un fonds, d'une fusion d'entreprise, d'une mise en location-gérance ou d'une reprise par le propriétaire. .. En principe, les contrats de travail sont maintenus .
Le maintien des contrats s'opère automatiquement pour tous les contrats de travail en cours au moment du changement dans la situation juridique de l'employeur. Aucune notification au salarié n'est nécessaire.Sont donc concernés, les salariés titulaires de :contrat à durée indéterminée ou déterminée, à temps plein ou partiel ;contrat d'apprentissage, d'insertion en alternance ou de tout autre contrat de travail de type particulier.Peu importe que le salarié soit en période d'essai ou de préavis. De même, la suspension du contrat de travail au moment où survient le changement n'empêche pas l'application du principe. Ainsi, un salarié en congé parental d'éducation, en congé maternité ou paternité, en congé maladie ou en formation bénéficie du maintien de son contrat de travail.Seuls les salariés dont le contrat a été rompu (licenciement, démission... ) avant que survienne la modification dans la situation de l'entreprise, ne peuvent prétendre au transfert du contrat de travail au nouvel employeur. | 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35666535373665323031623434316230 | article100989 | 3 | Le changement de la situation juridique de l'employeur | Travail-Emploi | travail-emploi | Le changement de la situation juridique de l'employeur avec lequel le contrat de travail a été signé, peut résulter du décès de celui-ci, d'une vente, d'une transformation d'un fonds, d'une fusion d'entreprise, d'une mise en location-gérance ou d'une reprise par le propriétaire. .. En principe, les contrats de travail sont maintenus . | 06/12/2024 | https://travail-emploi.gouv.fr/le-changement-de-la-situation-juridique-de-lemployeur | [
"Quels sont les effets du maintien du contrat de travail ?"
] | Le contrat de travail continue de s'exécuter dans les mêmes conditions et selon les mêmes modalités.Le salarié conserve donc son ancienneté, sa qualification, sa rémunération et les avantages qu'il a acquis.Si des salaires, primes, dommages-intérêts demeurent impayés au moment du transfert, c'est au nouvel employeur qu'il incombe de les régler. Il en est de même pour les sommes acquises au service de l'ancien employeur mais payables après que le changement soit intervenu (indemnités de congés payés, primes de fin d'année).Toutefois, ces règles ne s'appliquent pas lorsque le changement résulte d'une procédure de règlement ou de liquidation judiciaire ou qu'il y a substitution d'employeur, sans convention entre eux.Le contrat de travail étant maintenu dans tous ses éléments essentiels, le salarié qui refuse de travailler avec le nouvel employeur ne peut que démissionner. Toutefois, la démission ne se présumant pas, si le salarié ne se rend pas chez le nouvel employeur, son comportement pourra être considéré comme un abandon de poste qui pourra être sanctionné par le nouvel employeur par un licenciement pour faute.Par ailleurs, les représentants du personnel (membres élus au comité social et économique - CSE, délégué du personnel, délégué syndical, représentant syndical au CSE, etc. ) conservent leur mandat.Lorsqu'un accord de branche étendu prévoit et organise la poursuite des contrats de travail en cas de succession d'entreprises dans l'exécution d'un marché, les salariés du | Le changement de la situation juridique de l'employeur
Le changement de la situation juridique de l'employeur avec lequel le contrat de travail a été signé, peut résulter du décès de celui-ci, d'une vente, d'une transformation d'un fonds, d'une fusion d'entreprise, d'une mise en location-gérance ou d'une reprise par le propriétaire. .. En principe, les contrats de travail sont maintenus .
Le contrat de travail continue de s'exécuter dans les mêmes conditions et selon les mêmes modalités.Le salarié conserve donc son ancienneté, sa qualification, sa rémunération et les avantages qu'il a acquis.Si des salaires, primes, dommages-intérêts demeurent impayés au moment du transfert, c'est au nouvel employeur qu'il incombe de les régler. Il en est de même pour les sommes acquises au service de l'ancien employeur mais payables après que le changement soit intervenu (indemnités de congés payés, primes de fin d'année).Toutefois, ces règles ne s'appliquent pas lorsque le changement résulte d'une procédure de règlement ou de liquidation judiciaire ou qu'il y a substitution d'employeur, sans convention entre eux.Le contrat de travail étant maintenu dans tous ses éléments essentiels, le salarié qui refuse de travailler avec le nouvel employeur ne peut que démissionner. Toutefois, la démission ne se présumant pas, si le salarié ne se rend pas chez le nouvel employeur, son comportement pourra être considéré comme un abandon de poste qui pourra être sanctionné par le nouvel employeur par un licenciement pour faute.Par ailleurs, les représentants du personnel (membres élus au comité social et économique - CSE, délégué du personnel, délégué syndical, représentant syndical au CSE, etc. ) conservent leur mandat.Lorsqu'un accord de branche étendu prévoit et organise la poursuite des contrats de travail en cas de succession d'entreprises dans l'exécution d'un marché, les salariés du | 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65383133663438363732396639333362 | article100989 | 4 | Le changement de la situation juridique de l'employeur | Travail-Emploi | travail-emploi | Le changement de la situation juridique de l'employeur avec lequel le contrat de travail a été signé, peut résulter du décès de celui-ci, d'une vente, d'une transformation d'un fonds, d'une fusion d'entreprise, d'une mise en location-gérance ou d'une reprise par le propriétaire. .. En principe, les contrats de travail sont maintenus . | 06/12/2024 | https://travail-emploi.gouv.fr/le-changement-de-la-situation-juridique-de-lemployeur | [
"Quels sont les effets du maintien du contrat de travail ?"
] | les salariés du nouveau prestataire ne peuvent invoquer utilement les différences de rémunération résultant d'avantages obtenus, avant le changement de prestataire, par les salariés dont les contrats de travail ont été poursuivis. Cette disposition, prévue par l’article L. 1224-3-2 du code du travail est applicable aux contrats de travail à compter du 23 septembre 2017, quelle que soit la date à laquelle ces contrats ont été poursuivis entre les entreprises concernées. | Le changement de la situation juridique de l'employeur
Le changement de la situation juridique de l'employeur avec lequel le contrat de travail a été signé, peut résulter du décès de celui-ci, d'une vente, d'une transformation d'un fonds, d'une fusion d'entreprise, d'une mise en location-gérance ou d'une reprise par le propriétaire. .. En principe, les contrats de travail sont maintenus .
les salariés du nouveau prestataire ne peuvent invoquer utilement les différences de rémunération résultant d'avantages obtenus, avant le changement de prestataire, par les salariés dont les contrats de travail ont été poursuivis. Cette disposition, prévue par l’article L. 1224-3-2 du code du travail est applicable aux contrats de travail à compter du 23 septembre 2017, quelle que soit la date à laquelle ces contrats ont été poursuivis entre les entreprises concernées. | 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36626537646562353832323864336332 | article101008 | 14 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | le délai d'un mois, celui-ci va alors pouvoir choisir de négocier avec un salarié, à la stricte condition qu'il soit mandaté par une organisation syndicale représentative de sa branche. Le champ de la négociation qui est ouvert à ce salarié mandaté est large puisqu'il englobe tout le champ thématique de la négociation collective. L'accord conclu avec ce salarié élu est soumis à l'approbation des salariés à la majorité des suffrages exprimés. Passons maintenant aux plus petites entreprises, celles qui emploient moins de 11 salariés et donc qui, par définition ne disposent pas d'un CSE. Dans cette hypothèse, les dispositions des articles L. 2232-21 et L. 2232-22 prévoient que c'est l'employeur qui propose aux salariés un projet d'accord qui peut porter sur l'ensemble du champ de la négociation collective. Ce texte est communiqué à chaque salarié et une consultation est organisée au plus tôt quinze jours après cette communication. Le texte est considéré comme approuvé par les salariés s'il recueille la majorité des deux tiers des suffrages. Il nous reste désormais à étudier la situation des entreprises employant moins de 50 salariés, mais plus de 11. Tout d'abord, dans les entreprises n'atteignant pas l'effectif de 20 salariés, ce sont les dispositions que nous venons de voir pour les entreprises de moins de 11 salariés qui s'appliquent s'il n'existe pas de CSE. Si un CSE existe, alors les accords peuvent être conclus avec des salariés mandatés ou avec des élus titulaires, au | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
le délai d'un mois, celui-ci va alors pouvoir choisir de négocier avec un salarié, à la stricte condition qu'il soit mandaté par une organisation syndicale représentative de sa branche. Le champ de la négociation qui est ouvert à ce salarié mandaté est large puisqu'il englobe tout le champ thématique de la négociation collective. L'accord conclu avec ce salarié élu est soumis à l'approbation des salariés à la majorité des suffrages exprimés. Passons maintenant aux plus petites entreprises, celles qui emploient moins de 11 salariés et donc qui, par définition ne disposent pas d'un CSE. Dans cette hypothèse, les dispositions des articles L. 2232-21 et L. 2232-22 prévoient que c'est l'employeur qui propose aux salariés un projet d'accord qui peut porter sur l'ensemble du champ de la négociation collective. Ce texte est communiqué à chaque salarié et une consultation est organisée au plus tôt quinze jours après cette communication. Le texte est considéré comme approuvé par les salariés s'il recueille la majorité des deux tiers des suffrages. Il nous reste désormais à étudier la situation des entreprises employant moins de 50 salariés, mais plus de 11. Tout d'abord, dans les entreprises n'atteignant pas l'effectif de 20 salariés, ce sont les dispositions que nous venons de voir pour les entreprises de moins de 11 salariés qui s'appliquent s'il n'existe pas de CSE. Si un CSE existe, alors les accords peuvent être conclus avec des salariés mandatés ou avec des élus titulaires, au | 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37333430323365633066383433383663 | article100989 | 5 | Le changement de la situation juridique de l'employeur | Travail-Emploi | travail-emploi | Le changement de la situation juridique de l'employeur avec lequel le contrat de travail a été signé, peut résulter du décès de celui-ci, d'une vente, d'une transformation d'un fonds, d'une fusion d'entreprise, d'une mise en location-gérance ou d'une reprise par le propriétaire. .. En principe, les contrats de travail sont maintenus . | 06/12/2024 | https://travail-emploi.gouv.fr/le-changement-de-la-situation-juridique-de-lemployeur | [
"Un licenciement est-il possible ?"
] | Un licenciement peut intervenir :indépendamment de tout changement dans la situation juridique de l'employeur, pour motif personnel, par exemple pour faute du salarié ;pour motif économique, s'il y a réorganisation de l'activité nécessitant des suppressions de poste s'ils n'ont pas pour objet de faire échec à l'application des articles L. 1224-1 et L. 1224-2 du Code du travail. Le licenciement prononcé par l'ancien employeur, avant le transfert lorsque le nouvel exploitant fait de cette réorganisation une condition de reprise de l'activité est souvent considéré par les juges comme étant une fraude du premier employeur ou une collusion frauduleuse entre les deux employeurs successifs pour faire échec à ces dispositions . Il peut également survenir après le changement, lorsque le nouvel employeur procède lui-même à la réorganisation ou impose des modifications essentielles aux contrats de travail, que les salariés refusent. Les indemnités de licenciements sont alors calculées sur la base de l'intégralité des périodes de travail du salarié, y compris celles passées au service de l'ancien employeur.Licenciement pour motif économique avec plan de sauvegarde de l’emploi (PSE)Lorsque le plan de sauvegarde de l'emploi comporte, en vue d'éviter la fermeture d'un ou de plusieurs établissements, le transfert d'une ou de plusieurs entités économiques nécessaire à la sauvegarde d'une partie des emplois et lorsque ces entreprises souhaitent accepter une offre de reprise, les dispositions | Le changement de la situation juridique de l'employeur
Le changement de la situation juridique de l'employeur avec lequel le contrat de travail a été signé, peut résulter du décès de celui-ci, d'une vente, d'une transformation d'un fonds, d'une fusion d'entreprise, d'une mise en location-gérance ou d'une reprise par le propriétaire. .. En principe, les contrats de travail sont maintenus .
Un licenciement peut intervenir :indépendamment de tout changement dans la situation juridique de l'employeur, pour motif personnel, par exemple pour faute du salarié ;pour motif économique, s'il y a réorganisation de l'activité nécessitant des suppressions de poste s'ils n'ont pas pour objet de faire échec à l'application des articles L. 1224-1 et L. 1224-2 du Code du travail. Le licenciement prononcé par l'ancien employeur, avant le transfert lorsque le nouvel exploitant fait de cette réorganisation une condition de reprise de l'activité est souvent considéré par les juges comme étant une fraude du premier employeur ou une collusion frauduleuse entre les deux employeurs successifs pour faire échec à ces dispositions . Il peut également survenir après le changement, lorsque le nouvel employeur procède lui-même à la réorganisation ou impose des modifications essentielles aux contrats de travail, que les salariés refusent. Les indemnités de licenciements sont alors calculées sur la base de l'intégralité des périodes de travail du salarié, y compris celles passées au service de l'ancien employeur.Licenciement pour motif économique avec plan de sauvegarde de l’emploi (PSE)Lorsque le plan de sauvegarde de l'emploi comporte, en vue d'éviter la fermeture d'un ou de plusieurs établissements, le transfert d'une ou de plusieurs entités économiques nécessaire à la sauvegarde d'une partie des emplois et lorsque ces entreprises souhaitent accepter une offre de reprise, les dispositions | 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38306632336662643738643237336233 | article100989 | 6 | Le changement de la situation juridique de l'employeur | Travail-Emploi | travail-emploi | Le changement de la situation juridique de l'employeur avec lequel le contrat de travail a été signé, peut résulter du décès de celui-ci, d'une vente, d'une transformation d'un fonds, d'une fusion d'entreprise, d'une mise en location-gérance ou d'une reprise par le propriétaire. .. En principe, les contrats de travail sont maintenus . | 06/12/2024 | https://travail-emploi.gouv.fr/le-changement-de-la-situation-juridique-de-lemployeur | [
"Un licenciement est-il possible ?"
] | les dispositions relatives au transfert des contrats de travail ne s'appliquent que dans la limite du nombre des emplois qui n'ont pas été supprimés à la suite des licenciements, à la date d'effet de ce transfert.textes de référence Articles L. 1224-1 à L. 1224-4 du Code du travailLire en complément La modification du contrat de travailLa procédure en cas de licenciement individuel pour motif économiqueLa procédure de licenciement économique de 2 à 9 salariésLicenciement économique : obligations de l'employeurL’indemnité légale de licenciement | Le changement de la situation juridique de l'employeur
Le changement de la situation juridique de l'employeur avec lequel le contrat de travail a été signé, peut résulter du décès de celui-ci, d'une vente, d'une transformation d'un fonds, d'une fusion d'entreprise, d'une mise en location-gérance ou d'une reprise par le propriétaire. .. En principe, les contrats de travail sont maintenus .
les dispositions relatives au transfert des contrats de travail ne s'appliquent que dans la limite du nombre des emplois qui n'ont pas été supprimés à la suite des licenciements, à la date d'effet de ce transfert.textes de référence Articles L. 1224-1 à L. 1224-4 du Code du travailLire en complément La modification du contrat de travailLa procédure en cas de licenciement individuel pour motif économiqueLa procédure de licenciement économique de 2 à 9 salariésLicenciement économique : obligations de l'employeurL’indemnité légale de licenciement | 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65663235383536326562316161376635 | article100989 | 7 | Le changement de la situation juridique de l'employeur | Travail-Emploi | travail-emploi | Le changement de la situation juridique de l'employeur avec lequel le contrat de travail a été signé, peut résulter du décès de celui-ci, d'une vente, d'une transformation d'un fonds, d'une fusion d'entreprise, d'une mise en location-gérance ou d'une reprise par le propriétaire. .. En principe, les contrats de travail sont maintenus . | 06/12/2024 | https://travail-emploi.gouv.fr/le-changement-de-la-situation-juridique-de-lemployeur | [
"textes de référence"
] | Articles L. 1224-1 à L. 1224-4 du Code du travail | Le changement de la situation juridique de l'employeur
Le changement de la situation juridique de l'employeur avec lequel le contrat de travail a été signé, peut résulter du décès de celui-ci, d'une vente, d'une transformation d'un fonds, d'une fusion d'entreprise, d'une mise en location-gérance ou d'une reprise par le propriétaire. .. En principe, les contrats de travail sont maintenus .
Articles L. 1224-1 à L. 1224-4 du Code du travail | 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66616339623638623766303230663162 | article100989 | 8 | Le changement de la situation juridique de l'employeur | Travail-Emploi | travail-emploi | Le changement de la situation juridique de l'employeur avec lequel le contrat de travail a été signé, peut résulter du décès de celui-ci, d'une vente, d'une transformation d'un fonds, d'une fusion d'entreprise, d'une mise en location-gérance ou d'une reprise par le propriétaire. .. En principe, les contrats de travail sont maintenus . | 06/12/2024 | https://travail-emploi.gouv.fr/le-changement-de-la-situation-juridique-de-lemployeur | [
"Lire en complément"
] | La modification du contrat de travailLa procédure en cas de licenciement individuel pour motif économiqueLa procédure de licenciement économique de 2 à 9 salariésLicenciement économique : obligations de l'employeurL’indemnité légale de licenciement | Le changement de la situation juridique de l'employeur
Le changement de la situation juridique de l'employeur avec lequel le contrat de travail a été signé, peut résulter du décès de celui-ci, d'une vente, d'une transformation d'un fonds, d'une fusion d'entreprise, d'une mise en location-gérance ou d'une reprise par le propriétaire. .. En principe, les contrats de travail sont maintenus .
La modification du contrat de travailLa procédure en cas de licenciement individuel pour motif économiqueLa procédure de licenciement économique de 2 à 9 salariésLicenciement économique : obligations de l'employeurL’indemnité légale de licenciement | 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64326363306636633233383431393032 | article101008 | 0 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | À savoir ! Pour la mise en œuvre de l'obligation de négocier en entreprise, il convient de distinguer les domaines relevant de l'ordre public, c'est-à-dire ceux pour lesquels le législateur fixe des règles auxquelles il n'est pas possible de déroger, et ceux pour lesquels les règles pourront être fixées par accord collectif d'entreprise. Des dispositions dites « supplétives » sont prévues et s'appliquent en cas d'absence d'accord d'entreprise fixant ces règles.La négociation collective obligatoire en vidéo (web série droit du travail)Lire la retranscription textuelle Que ce soit dans les médias ou au sein des entreprises, l’acronyme NAO ou négociations annuelles obligatoires est souvent utilisé pour désigner la négociation collective obligatoire sur les salaires. Qu’est-ce qui se cache derrière les termes de négociation collective obligatoire ? Est-ce que cela ne concerne que les salaires ? C’est ce que nous allons voir. Bonjour c’est Honorine, aujourd’hui, je vais vous présenter la négociation collective obligatoire, un épisode d’une série consacrée au droit du travail. Certaines entreprises doivent négocier périodiquement sur des thèmes spécifiques. C’est la négociation collective obligatoire. Revenons plus en détail sur cette obligation et notamment les entreprises concernées et les thèmes visés. Toutes les entreprises ne sont pas concernées par cette obligation. L’article L. 2242-1 du Code du travail précise que sont concernées les entreprises où sont constituées une ou | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
À savoir ! Pour la mise en œuvre de l'obligation de négocier en entreprise, il convient de distinguer les domaines relevant de l'ordre public, c'est-à-dire ceux pour lesquels le législateur fixe des règles auxquelles il n'est pas possible de déroger, et ceux pour lesquels les règles pourront être fixées par accord collectif d'entreprise. Des dispositions dites « supplétives » sont prévues et s'appliquent en cas d'absence d'accord d'entreprise fixant ces règles.La négociation collective obligatoire en vidéo (web série droit du travail)Lire la retranscription textuelle Que ce soit dans les médias ou au sein des entreprises, l’acronyme NAO ou négociations annuelles obligatoires est souvent utilisé pour désigner la négociation collective obligatoire sur les salaires. Qu’est-ce qui se cache derrière les termes de négociation collective obligatoire ? Est-ce que cela ne concerne que les salaires ? C’est ce que nous allons voir. Bonjour c’est Honorine, aujourd’hui, je vais vous présenter la négociation collective obligatoire, un épisode d’une série consacrée au droit du travail. Certaines entreprises doivent négocier périodiquement sur des thèmes spécifiques. C’est la négociation collective obligatoire. Revenons plus en détail sur cette obligation et notamment les entreprises concernées et les thèmes visés. Toutes les entreprises ne sont pas concernées par cette obligation. L’article L. 2242-1 du Code du travail précise que sont concernées les entreprises où sont constituées une ou | 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62633336643061333863386434383836 | article101008 | 1 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | constituées une ou plusieurs sections syndicales d’organisations représentatives. En pratique, deux types d’entreprises peuvent être visés. D’une part, l’entreprise d’au moins 50 salariés, dans laquelle au moins un délégué syndical a été désigné,D’autre part, l’entreprise de moins de 50 salariés dans laquelle un membre du comité social et économique a été désigné en qualité de délégué syndical. En d’autres termes, les entreprises concernées sont celles où une ou plusieurs sections syndicales d’organisations représentatives sont présentes et un déléguésyndical a été désigné. Dans ces entreprises, l’employeur doit engager une négociation sur deux thématiques, et cela de manière périodique. Ainsi, au moins tous les quatre ans, l’employeur doit engager les négociations sur les deux thèmes suivants : la rémunération et l’égalité professionnelle entre les femmes et les hommes et la qualité de vie et des conditions de travail. Le Code du travail précise qu’à l’occasion de la négociation sur ces thématiques, des points particuliers doivent être abordés. Par exemple, la négociation sur la rémunération doit comprendre les salaires effectifs, le temps de travail et le partage de la valeur ajoutée. Lors de la négociation sur l’égalité professionnelle entre les femmes et les hommes, les parties doivent, entre autres, évoquer les mesures mises en place pour supprimer les écarts de rémunération. Dans les entreprises les plus grandes, telles que les groupes ou les entreprises d’au moins 300 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
constituées une ou plusieurs sections syndicales d’organisations représentatives. En pratique, deux types d’entreprises peuvent être visés. D’une part, l’entreprise d’au moins 50 salariés, dans laquelle au moins un délégué syndical a été désigné,D’autre part, l’entreprise de moins de 50 salariés dans laquelle un membre du comité social et économique a été désigné en qualité de délégué syndical. En d’autres termes, les entreprises concernées sont celles où une ou plusieurs sections syndicales d’organisations représentatives sont présentes et un déléguésyndical a été désigné. Dans ces entreprises, l’employeur doit engager une négociation sur deux thématiques, et cela de manière périodique. Ainsi, au moins tous les quatre ans, l’employeur doit engager les négociations sur les deux thèmes suivants : la rémunération et l’égalité professionnelle entre les femmes et les hommes et la qualité de vie et des conditions de travail. Le Code du travail précise qu’à l’occasion de la négociation sur ces thématiques, des points particuliers doivent être abordés. Par exemple, la négociation sur la rémunération doit comprendre les salaires effectifs, le temps de travail et le partage de la valeur ajoutée. Lors de la négociation sur l’égalité professionnelle entre les femmes et les hommes, les parties doivent, entre autres, évoquer les mesures mises en place pour supprimer les écarts de rémunération. Dans les entreprises les plus grandes, telles que les groupes ou les entreprises d’au moins 300 | 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63386633356434313439373138643262 | article101008 | 2 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | d’au moins 300 salariés, ou encore celles de dimension communautaire comportant au moins un établissement d’au moins 150 salariés en France, un thème supplémentaire de négociation doit être abordé. Il s’agit de la gestion des emplois et des parcours professionnels. Les règles que nous venons d’énoncer, à savoir les entreprises concernées, les thèmes et la périodicité, sont des règles d’ordre public. En effet, le législateur a organisé les règles relatives à la négociation obligatoire en entreprise selon le triptyque ordre public, le champ de la négociationcollective et des dispositions supplétives. Avant de voir ce qui peut être aménagé dans le cadre d’un accord collectif, revenons un instant sur la portée de l’obligation qui pèse sur l’employeur. Le Code du travail indique que l’employeur engage des négociations. Cela signifie qu’il n’y a pas d’obligation de parvenir à la conclusion d’un accord, mais seulement d’initier l’ouverture des négociations. L’engagement et le déroulement des négociations doit se faire dans le respect du principe de loyauté et si aucun accord n’est conclu, un procès verbal de désaccord sera établi. En matière d’égalité professionnelle entre les femmes et les hommes, les entreprises d’au moins 50 salariés qui ne sont pas couvertes par un accord doivent établir un plan d’action sur ce thème. Précisons enfin qu’en matière de santé et sécurité, certaines entreprises ou groupes d’au moins 50 salariés sont tenus d’engager une négociation sur la prévention | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
d’au moins 300 salariés, ou encore celles de dimension communautaire comportant au moins un établissement d’au moins 150 salariés en France, un thème supplémentaire de négociation doit être abordé. Il s’agit de la gestion des emplois et des parcours professionnels. Les règles que nous venons d’énoncer, à savoir les entreprises concernées, les thèmes et la périodicité, sont des règles d’ordre public. En effet, le législateur a organisé les règles relatives à la négociation obligatoire en entreprise selon le triptyque ordre public, le champ de la négociationcollective et des dispositions supplétives. Avant de voir ce qui peut être aménagé dans le cadre d’un accord collectif, revenons un instant sur la portée de l’obligation qui pèse sur l’employeur. Le Code du travail indique que l’employeur engage des négociations. Cela signifie qu’il n’y a pas d’obligation de parvenir à la conclusion d’un accord, mais seulement d’initier l’ouverture des négociations. L’engagement et le déroulement des négociations doit se faire dans le respect du principe de loyauté et si aucun accord n’est conclu, un procès verbal de désaccord sera établi. En matière d’égalité professionnelle entre les femmes et les hommes, les entreprises d’au moins 50 salariés qui ne sont pas couvertes par un accord doivent établir un plan d’action sur ce thème. Précisons enfin qu’en matière de santé et sécurité, certaines entreprises ou groupes d’au moins 50 salariés sont tenus d’engager une négociation sur la prévention | 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32636538313638346662663337313030 | article101008 | 3 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | sur la prévention des effets de l’exposition à certains facteurs de risques professionnels. Les détails de cette obligation se trouvent à l’article L. 4162-1 du Code du travail. Je l’ai dit précédemment, le Code du travail organise les règles de la négociation obligatoire en entreprise selon trois niveaux : l’ordre public, le champ de la négociation collective et les dispositions supplétives. Ainsi, les entreprises peuvent adapter la négociation obligatoire à leur contexte en négociant sur des points déterminés par le Code du travail. On parle d’accord de méthode. En l’absence d’un tel accord, ce sont les dispositions supplétives qui trouveront à s’appliquer. L’accord de méthode peut être négocié soit à la demande de l’employeur, soit à la demande d’une organisation syndicale représentative. Cette négociation précisera le calendrier, les thèmes, la périodicité et les modalités des négociations. Le Code du travail liste le contenu de l’accord de méthode à l’article L. 2242-11 du Code du travail. La durée de cet accord ne pourra excéder quatre ans. L’absence d’accord de méthode entraîne l’application des dispositions supplétives. Selon ces dispositions, l’obligation d’engager la négociation incombe toujours à l’employeur mais la périodicité est définie. Ainsi, la négociation sur la rémunération est celle sur l’égalité professionnelle entre les femmes et les hommes et la qualité de vie et des conditions de travail doit être engagée tous les ans. Pour les entreprises concernées, | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
sur la prévention des effets de l’exposition à certains facteurs de risques professionnels. Les détails de cette obligation se trouvent à l’article L. 4162-1 du Code du travail. Je l’ai dit précédemment, le Code du travail organise les règles de la négociation obligatoire en entreprise selon trois niveaux : l’ordre public, le champ de la négociation collective et les dispositions supplétives. Ainsi, les entreprises peuvent adapter la négociation obligatoire à leur contexte en négociant sur des points déterminés par le Code du travail. On parle d’accord de méthode. En l’absence d’un tel accord, ce sont les dispositions supplétives qui trouveront à s’appliquer. L’accord de méthode peut être négocié soit à la demande de l’employeur, soit à la demande d’une organisation syndicale représentative. Cette négociation précisera le calendrier, les thèmes, la périodicité et les modalités des négociations. Le Code du travail liste le contenu de l’accord de méthode à l’article L. 2242-11 du Code du travail. La durée de cet accord ne pourra excéder quatre ans. L’absence d’accord de méthode entraîne l’application des dispositions supplétives. Selon ces dispositions, l’obligation d’engager la négociation incombe toujours à l’employeur mais la périodicité est définie. Ainsi, la négociation sur la rémunération est celle sur l’égalité professionnelle entre les femmes et les hommes et la qualité de vie et des conditions de travail doit être engagée tous les ans. Pour les entreprises concernées, | 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36356363323737396133333865663965 | article101008 | 4 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | concernées, la négociation sur la gestion des emplois et des parcours professionnels doit être engagée, elle, tous les trois ans. Le Code du travail précise, pour chacun de ces thèmes, les sous-thèmes qui devront être abordés lors de la négociation. Il est intéressant de noter que la loi « Climat et résilience » du 22 août 2021 a introduit, dans le cadre de la négociation sur la gestion des emplois et des parcours professionnels, la notion de transition écologique. Le législateur entend ainsi inciter les entreprises à prendre en compte cet enjeu dans la construction de leur dispositif de gestion prévisionnelledes emplois et des compétences. Le Code du travail organise également les conséquences du défaut d’initiative de l’employeur. Après l’écoulement d’un nombre de mois déterminé, la négociation s’engagera obligatoirement à la demande d’une organisation syndicale représentative. Dans ce cas, la demande doit être transmise par l’employeur aux autres organisations représentatives dans les huit jours. Puis la convention doit être faite dans les quinze jours. Pour être valable, l’accord négocié doit respecter les règles de validité propre aux accords d’entreprise. Je reviens sur ces points dans un autre épisode. Nous l’avons compris, ce n’est pas la conclusion d’un accord qui est obligatoire, mais bien l’engagement des négociations par l’employeur. Je vous propose de voir dans un zoom les sanctions en l’absence de négociation. Les sanctions peuvent être distinguées selon deux | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
concernées, la négociation sur la gestion des emplois et des parcours professionnels doit être engagée, elle, tous les trois ans. Le Code du travail précise, pour chacun de ces thèmes, les sous-thèmes qui devront être abordés lors de la négociation. Il est intéressant de noter que la loi « Climat et résilience » du 22 août 2021 a introduit, dans le cadre de la négociation sur la gestion des emplois et des parcours professionnels, la notion de transition écologique. Le législateur entend ainsi inciter les entreprises à prendre en compte cet enjeu dans la construction de leur dispositif de gestion prévisionnelledes emplois et des compétences. Le Code du travail organise également les conséquences du défaut d’initiative de l’employeur. Après l’écoulement d’un nombre de mois déterminé, la négociation s’engagera obligatoirement à la demande d’une organisation syndicale représentative. Dans ce cas, la demande doit être transmise par l’employeur aux autres organisations représentatives dans les huit jours. Puis la convention doit être faite dans les quinze jours. Pour être valable, l’accord négocié doit respecter les règles de validité propre aux accords d’entreprise. Je reviens sur ces points dans un autre épisode. Nous l’avons compris, ce n’est pas la conclusion d’un accord qui est obligatoire, mais bien l’engagement des négociations par l’employeur. Je vous propose de voir dans un zoom les sanctions en l’absence de négociation. Les sanctions peuvent être distinguées selon deux | 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31336635333061393633636136383537 | article101008 | 5 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | selon deux catégories : les sanctions générales ou communes, qui concernent tous les thèmes de négociation, et les sanctions spécifiques qui sont attachées à l’un des thèmes de négociation. L’employeur s’expose tout d’abord à deux types de sanctions communes, la sanction du non-respect du principe de loyauté et les sanctions pénales. Prenons le temps de les détailler. Honorine vous l’a indiqué, l’engagement et le déroulement des négociations doit se faire dans le respect du principe de loyauté. Le Code du travail précise même que, s’agissant de la négociation obligatoire en entreprise, l’engagement des négociations doit être sérieux et loyal. Pour cela, l’employeur doit avoir convoqué toutes les organisations syndicales représentatives, fixé le lieu et le calendrier des négociations. Il doit également communiquer les informations nécessaires et répondre de manière motivée aux éventuelles propositions des organisations syndicales. L’absence de l’un de ces éléments peut entraîner le prononcé de la nullité de l’accord ou l’attribution de dommages et intérêts par le juge judiciaire. Par ailleurs, l’article L. 2242-4 du Code du travail précise que l’employeur ne peut pas prendre de décision unilatérale dans les matières traitées tant que la négociation est en cours. S’il le fait, il s’expose au délit d’entrave. Les sanctions pénales sont également prévues par le Code du travail. Le fait de se soustraire à l’obligation de convoquer les parties ou à l’obligation de négocier de | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
selon deux catégories : les sanctions générales ou communes, qui concernent tous les thèmes de négociation, et les sanctions spécifiques qui sont attachées à l’un des thèmes de négociation. L’employeur s’expose tout d’abord à deux types de sanctions communes, la sanction du non-respect du principe de loyauté et les sanctions pénales. Prenons le temps de les détailler. Honorine vous l’a indiqué, l’engagement et le déroulement des négociations doit se faire dans le respect du principe de loyauté. Le Code du travail précise même que, s’agissant de la négociation obligatoire en entreprise, l’engagement des négociations doit être sérieux et loyal. Pour cela, l’employeur doit avoir convoqué toutes les organisations syndicales représentatives, fixé le lieu et le calendrier des négociations. Il doit également communiquer les informations nécessaires et répondre de manière motivée aux éventuelles propositions des organisations syndicales. L’absence de l’un de ces éléments peut entraîner le prononcé de la nullité de l’accord ou l’attribution de dommages et intérêts par le juge judiciaire. Par ailleurs, l’article L. 2242-4 du Code du travail précise que l’employeur ne peut pas prendre de décision unilatérale dans les matières traitées tant que la négociation est en cours. S’il le fait, il s’expose au délit d’entrave. Les sanctions pénales sont également prévues par le Code du travail. Le fait de se soustraire à l’obligation de convoquer les parties ou à l’obligation de négocier de | 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64333265323462353039663939306561 | article101008 | 6 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | de négocier de manière périodique ou encore de ne pas respecter les dispositions supplétives concernant la gestion des emplois et des parcours professionnels, expose l’employeur à un an d’emprisonnement et une amende de 3 750 €. À côté de ces sanctions communes, on trouve des sanctions spécifiques à chaque thème de négociation. Il y a tout d’abord la pénalité en cas d’absence de négociation sur les salaires. Cette pénalité est prononcée par l’administration et consiste en un taux équivalant à un pour centage des exonérations sociales. Ensuite, les entreprises d’au moins 50 salariés qui ne sont couvertes ni par un accord relatif à l’égalité professionnelle entre les hommes et les femmes, ni par un plan d’action, sont sanctionnées par une pénalité. Cette pénalité est prononcée par l’administration après constat de l’inspecteur du travail. Le montant de la pénalité est fixé au maximum à 1% des rémunérations versées aux travailleurs au cours des périodes au titre desquelles l’employeur n’est pas couvert par l’accord ou le plan d’action. Les employeurs s’exposent également à une pénalité en l’absence d’accord ou de plan d’action sur la prévention des effets de l’exposition à certains facteursde risques professionnels. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Tout d’abord, la négociation collective obligatoire concerne certaines entreprises seulement et vise trois thèmes de négociation. Ensuite, l’employeur et les organisations syndicales | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
de négocier de manière périodique ou encore de ne pas respecter les dispositions supplétives concernant la gestion des emplois et des parcours professionnels, expose l’employeur à un an d’emprisonnement et une amende de 3 750 €. À côté de ces sanctions communes, on trouve des sanctions spécifiques à chaque thème de négociation. Il y a tout d’abord la pénalité en cas d’absence de négociation sur les salaires. Cette pénalité est prononcée par l’administration et consiste en un taux équivalant à un pour centage des exonérations sociales. Ensuite, les entreprises d’au moins 50 salariés qui ne sont couvertes ni par un accord relatif à l’égalité professionnelle entre les hommes et les femmes, ni par un plan d’action, sont sanctionnées par une pénalité. Cette pénalité est prononcée par l’administration après constat de l’inspecteur du travail. Le montant de la pénalité est fixé au maximum à 1% des rémunérations versées aux travailleurs au cours des périodes au titre desquelles l’employeur n’est pas couvert par l’accord ou le plan d’action. Les employeurs s’exposent également à une pénalité en l’absence d’accord ou de plan d’action sur la prévention des effets de l’exposition à certains facteursde risques professionnels. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Tout d’abord, la négociation collective obligatoire concerne certaines entreprises seulement et vise trois thèmes de négociation. Ensuite, l’employeur et les organisations syndicales | 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65323364643031373530313766323938 | article101008 | 9 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | d'entreprise est tout d'abord subordonnée à sa signature par des organisations syndicales représentatives ayant recueilli plus de 50% des suffrages valablement exprimés au premier tour des dernières élections des titulaires du CSE. Pour simplifier, j'évoquerai désormais cette façon de mesurer la représentativité en évoquant les suffrages exprimés. Les termes de l'article L. 2232-17 du même code viennent expressément donner au délégué syndical le rôle de négociateurs et de signataire des accords d'entreprise. L'employeur est tenu d'inviter tous les syndicats représentatifs dans l'entreprise à la négociation, même les syndicats catégoriels, et ce, à peine de nullité des accords qui pourraient être conclus. Il convient donc, selon le mode de conclusion des accords collectifs, que des délégués syndicaux d'organisations syndicales représentant plus de 50% des suffrages exprimés signent le texte de l'accord pour que celui-ci soit valide. Dans un tel cas, on parle d'un accord collectif majoritaire. Mais le législateur est également venu donner la possibilité à un texte qui ne recueillerait pas une majorité de plus de 50% des signataires de devenir un accord collectif. En effet, toujours selon les termes de l'article L. 2232-12, il est possible lorsque le ou les signataires ne représentent que 30% des suffrages exprimés, que ce texte puisse faire l'objet d'une consultation des salariés visant à valider l'accord. Pour cela, des organisations syndicales, qui représentent au moins 30 % | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
d'entreprise est tout d'abord subordonnée à sa signature par des organisations syndicales représentatives ayant recueilli plus de 50% des suffrages valablement exprimés au premier tour des dernières élections des titulaires du CSE. Pour simplifier, j'évoquerai désormais cette façon de mesurer la représentativité en évoquant les suffrages exprimés. Les termes de l'article L. 2232-17 du même code viennent expressément donner au délégué syndical le rôle de négociateurs et de signataire des accords d'entreprise. L'employeur est tenu d'inviter tous les syndicats représentatifs dans l'entreprise à la négociation, même les syndicats catégoriels, et ce, à peine de nullité des accords qui pourraient être conclus. Il convient donc, selon le mode de conclusion des accords collectifs, que des délégués syndicaux d'organisations syndicales représentant plus de 50% des suffrages exprimés signent le texte de l'accord pour que celui-ci soit valide. Dans un tel cas, on parle d'un accord collectif majoritaire. Mais le législateur est également venu donner la possibilité à un texte qui ne recueillerait pas une majorité de plus de 50% des signataires de devenir un accord collectif. En effet, toujours selon les termes de l'article L. 2232-12, il est possible lorsque le ou les signataires ne représentent que 30% des suffrages exprimés, que ce texte puisse faire l'objet d'une consultation des salariés visant à valider l'accord. Pour cela, des organisations syndicales, qui représentent au moins 30 % | 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37316231366163616235663831373262 | article101008 | 10 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | au moins 30 % des salariés, en font la demande dans le mois de la signature de l'accord. Cette demande est présentée à la fois à l'employeur et aux autres organisations syndicales. S'ouvre alors un délai de huit jours pendant lequel des organisations syndicales représentant plus de la moitié des suffrages exprimés peuvent bloquer le processus en s'opposant à l'organisation de la consultation des salariés. On parle ici d'opposition majoritaire. En l'absence de déclaration de cette opposition majoritaire, l'employeur devra alors mettre en place une consultation des salariés pour valider ou non ce texte qui n'a pas recueilli une signatures de délégués syndicaux représentant la majorité des suffrages exprimés. L'employeur informe les salariés qui remplissent les conditions pour être électeurs au moins quinze jours à l'avance. Je vous renvoie à l'épisode sur la mise en place du comité économique et social sur ce point. Les salariés se prononcent alors dans le respect des règles régissant habituellement le droit électoral pour ou contre la validation de cet accord. Si la majorité des salariés rejette ce texte, il ne devient pas un accord collectif. À l'inverse, si le texte est approuvé par la majorité des salariés, il est déposé par la partie la plus diligente auprès des services du ministère du Travail avec le procès-verbal de la consultation des salariés, et emporte alors tous les effets d'un véritable accord collectif majoritaire. Dans mon propos introductif, je vous ai précisé | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
au moins 30 % des salariés, en font la demande dans le mois de la signature de l'accord. Cette demande est présentée à la fois à l'employeur et aux autres organisations syndicales. S'ouvre alors un délai de huit jours pendant lequel des organisations syndicales représentant plus de la moitié des suffrages exprimés peuvent bloquer le processus en s'opposant à l'organisation de la consultation des salariés. On parle ici d'opposition majoritaire. En l'absence de déclaration de cette opposition majoritaire, l'employeur devra alors mettre en place une consultation des salariés pour valider ou non ce texte qui n'a pas recueilli une signatures de délégués syndicaux représentant la majorité des suffrages exprimés. L'employeur informe les salariés qui remplissent les conditions pour être électeurs au moins quinze jours à l'avance. Je vous renvoie à l'épisode sur la mise en place du comité économique et social sur ce point. Les salariés se prononcent alors dans le respect des règles régissant habituellement le droit électoral pour ou contre la validation de cet accord. Si la majorité des salariés rejette ce texte, il ne devient pas un accord collectif. À l'inverse, si le texte est approuvé par la majorité des salariés, il est déposé par la partie la plus diligente auprès des services du ministère du Travail avec le procès-verbal de la consultation des salariés, et emporte alors tous les effets d'un véritable accord collectif majoritaire. Dans mon propos introductif, je vous ai précisé | 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35323830393663663239303934363965 | article101008 | 11 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | je vous ai précisé que lorsque des délégués syndicaux existent dans l'entreprise, l'employeur doit conclure les accords collectifs avec eux. Il est toutefois une hypothèse où la conclusion des accords ne passe pas par les délégués syndicaux, alors même qu'ils existent dans l'entreprise. Je vous propose donc un zoom sur le conseil d'entreprise. Mis en place par les ordonnances de décembre 2017, le conseil d'entreprise dispose seul, au titre des dispositions de l'article L. 2321-1 du Code du travail, de la compétence de négocier, conclure et réviser les accords d'entreprise. Il exerce cette compétence concurremment avec l'ensemble des compétences du comité social et économique. Ainsi, lorsqu'il est institué par voie d'accord majoritaire, le conseil d'entreprise dessaisit les délégués syndicaux du pouvoir de négocier et conclure les accords collectifs. L'accord de mise en place du conseil d'entreprise va définir les thèmes sur lesquels il devra être consulté, sous la forme d'un avis conforme. C'est donc à dire que l'employeur va devoir obtenir l'avis favorable du conseil d'entreprise dans toutes ces matières pour pouvoir mettre en œuvre ses décisions. Le nombre d'heures de délégation et les moyens affectés à la négociation sont également définis par l'accord d'entreprise qui peut même à l'avance prévoir la périodicité des négociations de tout ou partie des thèmes qui sont ouverts au conseil d'entreprise. Il est à noter que la validité des accords signés par ce conseil | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
je vous ai précisé que lorsque des délégués syndicaux existent dans l'entreprise, l'employeur doit conclure les accords collectifs avec eux. Il est toutefois une hypothèse où la conclusion des accords ne passe pas par les délégués syndicaux, alors même qu'ils existent dans l'entreprise. Je vous propose donc un zoom sur le conseil d'entreprise. Mis en place par les ordonnances de décembre 2017, le conseil d'entreprise dispose seul, au titre des dispositions de l'article L. 2321-1 du Code du travail, de la compétence de négocier, conclure et réviser les accords d'entreprise. Il exerce cette compétence concurremment avec l'ensemble des compétences du comité social et économique. Ainsi, lorsqu'il est institué par voie d'accord majoritaire, le conseil d'entreprise dessaisit les délégués syndicaux du pouvoir de négocier et conclure les accords collectifs. L'accord de mise en place du conseil d'entreprise va définir les thèmes sur lesquels il devra être consulté, sous la forme d'un avis conforme. C'est donc à dire que l'employeur va devoir obtenir l'avis favorable du conseil d'entreprise dans toutes ces matières pour pouvoir mettre en œuvre ses décisions. Le nombre d'heures de délégation et les moyens affectés à la négociation sont également définis par l'accord d'entreprise qui peut même à l'avance prévoir la périodicité des négociations de tout ou partie des thèmes qui sont ouverts au conseil d'entreprise. Il est à noter que la validité des accords signés par ce conseil | 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62303035366632316363636136623665 | article101008 | 12 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | par ce conseil d'entreprise est soumise à une règle propre. Ainsi, pour être valable, l'accord doit avoir été signé par les membres du conseil titulaires représentant plus de 50% des suffrages exprimés lors des dernières élections. Mais par opposition à la manière de calculer ces suffrages pour les délégués syndicaux, on va ici mesurer les suffrages recueillis au premier tour de scrutin pour les élus du premier tour et les suffrages recueillis au deuxième tour de scrutin pour ceux qui ont été élus au deuxième tour. Nous l'avons vu, lorsqu'un conseil d'entreprise est institué, il exerce seul la compétence de négociation et de conclusion des accords. À défaut de conseil d'entreprise, ce sont les délégués syndicaux qui disposent de ce monopole de négociation. Soucieux de favoriser la négociation collective, même en cas d'absence de délégués syndicaux, le législateur a ouvert la possibilité de conclusion des accords collectifs à d'autres acteurs. Les modalités de ces négociations diffèrent selon que l'entreprise concernée dispose déjà de salariés, élus ou non. Dans les entreprises de plus de 50 salariés disposant de salariés élus, l'employeur qui n'a pas de délégué syndical comme interlocuteur peut choisir de négocier avec des élus du CSE. Pour cela, il va faire connaître aux membres du CSE son intention d'engager des négociations par tout moyen conférant date certaine. Parallèlement, l'employeur va adresser la même information aux organisations syndicales représentatives de la | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
par ce conseil d'entreprise est soumise à une règle propre. Ainsi, pour être valable, l'accord doit avoir été signé par les membres du conseil titulaires représentant plus de 50% des suffrages exprimés lors des dernières élections. Mais par opposition à la manière de calculer ces suffrages pour les délégués syndicaux, on va ici mesurer les suffrages recueillis au premier tour de scrutin pour les élus du premier tour et les suffrages recueillis au deuxième tour de scrutin pour ceux qui ont été élus au deuxième tour. Nous l'avons vu, lorsqu'un conseil d'entreprise est institué, il exerce seul la compétence de négociation et de conclusion des accords. À défaut de conseil d'entreprise, ce sont les délégués syndicaux qui disposent de ce monopole de négociation. Soucieux de favoriser la négociation collective, même en cas d'absence de délégués syndicaux, le législateur a ouvert la possibilité de conclusion des accords collectifs à d'autres acteurs. Les modalités de ces négociations diffèrent selon que l'entreprise concernée dispose déjà de salariés, élus ou non. Dans les entreprises de plus de 50 salariés disposant de salariés élus, l'employeur qui n'a pas de délégué syndical comme interlocuteur peut choisir de négocier avec des élus du CSE. Pour cela, il va faire connaître aux membres du CSE son intention d'engager des négociations par tout moyen conférant date certaine. Parallèlement, l'employeur va adresser la même information aux organisations syndicales représentatives de la | 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32376237343661393537653264653936 | article101008 | 13 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | de la branche dont il relève. Les élus de l'entreprise disposent alors d'un délai d'un mois pour faire savoir à l'employeur s'ils souhaitent négocier et s’ils sont ou non mandatés par une organisation syndicale représentative de branche. Si les élus sont mandatés par une organisation syndicale, ils pourront alors conclure des accords avec l'employeur sur l'ensemble des thèmes qui sont ouverts à la négociation collective aux termes des dispositions de l'article L. 2232-24 du Code du travail. La validité de l'accord ainsi conclu sera subordonnée à leur approbation par les salariés à la majorité des suffrages exprimés. À l'inverse, si les élus qui acceptent de négocier ne sont pas mandatés par une organisation syndicale représentative de branche, ils ne peuvent conclure que des accords relatifs à des mesures dont la mise en œuvre est subordonnée par la loi à un accord collectif, et ce, au terme des dispositions de l'article L. 2232-25 du Code du travail. Ils ne peuvent donc pas conclure un accord relatif à un plan de sauvegarde de l'emploi, mais peuvent signer un accord relatif au taux de majoration des heures supplémentaires, par exemple. La validité de l'accord sera subordonnée à sa signature par des membres du CSE représentant la majorité des suffrages exprimés en faveur des membres du CSE à la dernière élection professionnelle. Dans les entreprises de plus de 50 salariés, si aucun élu ne répond à la proposition d'entrer en négociation de l'employeur dans le délai d'un mois, | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
de la branche dont il relève. Les élus de l'entreprise disposent alors d'un délai d'un mois pour faire savoir à l'employeur s'ils souhaitent négocier et s’ils sont ou non mandatés par une organisation syndicale représentative de branche. Si les élus sont mandatés par une organisation syndicale, ils pourront alors conclure des accords avec l'employeur sur l'ensemble des thèmes qui sont ouverts à la négociation collective aux termes des dispositions de l'article L. 2232-24 du Code du travail. La validité de l'accord ainsi conclu sera subordonnée à leur approbation par les salariés à la majorité des suffrages exprimés. À l'inverse, si les élus qui acceptent de négocier ne sont pas mandatés par une organisation syndicale représentative de branche, ils ne peuvent conclure que des accords relatifs à des mesures dont la mise en œuvre est subordonnée par la loi à un accord collectif, et ce, au terme des dispositions de l'article L. 2232-25 du Code du travail. Ils ne peuvent donc pas conclure un accord relatif à un plan de sauvegarde de l'emploi, mais peuvent signer un accord relatif au taux de majoration des heures supplémentaires, par exemple. La validité de l'accord sera subordonnée à sa signature par des membres du CSE représentant la majorité des suffrages exprimés en faveur des membres du CSE à la dernière élection professionnelle. Dans les entreprises de plus de 50 salariés, si aucun élu ne répond à la proposition d'entrer en négociation de l'employeur dans le délai d'un mois, | 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|
32393463353763373064333438636336 | article101099 | 4 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"La définition du licenciement pour motif économique (Web série droit du travail)"
] | les mutations technologiques ou la nécessité de sauvegarder la compétitivité de l'entreprise s'apprécient au niveau de cette entreprise si elle n'appartient pas à un groupe. Dans le cas contraire, elle s'apprécie au niveau du secteur d'activité commun aux siens et à celui des entreprises du groupe auquel elle appartient, établies sur le territoire national, sauf fraude. Le secteur d'activité permettant d'apprécier la cause économique du licenciement est caractérisé notamment par la nature des produits, biens ou services délivrés, la clientèle ciblée, les réseaux et modes de distribution se rapportant à un même marché. La cessation d'activité de l'entreprise, quatrième cause justificative, peut également justifier un licenciement pour motif économique. Toutefois, le fait que la cessation d'activité de l'entreprise résulte de sa liquidation judiciaire ne prive pas le salarié de la possibilité d'invoquer l'existence d'une faute de l'employeur. S’il est démontré que des agissements fautifs de l'employeur sont à l'origine des difficultés économiques et de la liquidation judiciaire, le licenciement pourrait être considéré comme dépourvu de cause réelle et sérieuse. Comme je vous l'indiquais, ces quatre causes ne sont pas exclusives puisque le Code du travail utilise l'adverbe « notamment ». Je vous propose maintenant un zoom sur l'ordre des licenciements. Il y a une étape obligatoire à tout projet de licenciement individuel ou collectif pour motif économique. C'est la | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
les mutations technologiques ou la nécessité de sauvegarder la compétitivité de l'entreprise s'apprécient au niveau de cette entreprise si elle n'appartient pas à un groupe. Dans le cas contraire, elle s'apprécie au niveau du secteur d'activité commun aux siens et à celui des entreprises du groupe auquel elle appartient, établies sur le territoire national, sauf fraude. Le secteur d'activité permettant d'apprécier la cause économique du licenciement est caractérisé notamment par la nature des produits, biens ou services délivrés, la clientèle ciblée, les réseaux et modes de distribution se rapportant à un même marché. La cessation d'activité de l'entreprise, quatrième cause justificative, peut également justifier un licenciement pour motif économique. Toutefois, le fait que la cessation d'activité de l'entreprise résulte de sa liquidation judiciaire ne prive pas le salarié de la possibilité d'invoquer l'existence d'une faute de l'employeur. S’il est démontré que des agissements fautifs de l'employeur sont à l'origine des difficultés économiques et de la liquidation judiciaire, le licenciement pourrait être considéré comme dépourvu de cause réelle et sérieuse. Comme je vous l'indiquais, ces quatre causes ne sont pas exclusives puisque le Code du travail utilise l'adverbe « notamment ». Je vous propose maintenant un zoom sur l'ordre des licenciements. Il y a une étape obligatoire à tout projet de licenciement individuel ou collectif pour motif économique. C'est la | 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33336538363461363361353236393130 | article101008 | 16 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | Conditions de validité des accords d'entrepriseL'obligation de négocier, sur les thèmes et selon la périodicité fixés par accord collectif ou par le code du travail, n'emporte pas obligation de conclure un accord collectif d'entreprise. Si un tel accord est conclu, il devra répondre à certaines conditions pour être considéré comme valide. Ces conditions sont présentées en détail dans le document Questions/Réponses mis en ligne sur ce site, notamment à sa page 18. Entreprises concernées, thèmes et périodicité de la négociationLa négociation obligatoire en entreprise concerne les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives et dans lesquelles est présent au moins un délégué syndical. Il s'agira donc, dans le cas général, des entreprises d'au moins 50 salariés (seuil d'effectif permettant la désignation d'un délégué syndical) dans lesquelles a été désigné au moins un délégué syndical, ou des entreprises de moins de 50 salariés dés lors qu'un membre de la délégation élue du personnel au CSE aura été désigné en qualité de délégué syndical. Dans les entreprises ainsi définies, l'employeur engage au moins une fois tous les quatre ans :Une négociation sur la rémunération, notamment les salaires effectifs, le temps de travail et le partage de la valeur ajoutée dans l'entreprise ;Une négociation sur l'égalité professionnelle entre les femmes et les hommes, portant notamment sur les mesures visant à supprimer les écarts de | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
Conditions de validité des accords d'entrepriseL'obligation de négocier, sur les thèmes et selon la périodicité fixés par accord collectif ou par le code du travail, n'emporte pas obligation de conclure un accord collectif d'entreprise. Si un tel accord est conclu, il devra répondre à certaines conditions pour être considéré comme valide. Ces conditions sont présentées en détail dans le document Questions/Réponses mis en ligne sur ce site, notamment à sa page 18. Entreprises concernées, thèmes et périodicité de la négociationLa négociation obligatoire en entreprise concerne les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives et dans lesquelles est présent au moins un délégué syndical. Il s'agira donc, dans le cas général, des entreprises d'au moins 50 salariés (seuil d'effectif permettant la désignation d'un délégué syndical) dans lesquelles a été désigné au moins un délégué syndical, ou des entreprises de moins de 50 salariés dés lors qu'un membre de la délégation élue du personnel au CSE aura été désigné en qualité de délégué syndical. Dans les entreprises ainsi définies, l'employeur engage au moins une fois tous les quatre ans :Une négociation sur la rémunération, notamment les salaires effectifs, le temps de travail et le partage de la valeur ajoutée dans l'entreprise ;Une négociation sur l'égalité professionnelle entre les femmes et les hommes, portant notamment sur les mesures visant à supprimer les écarts de | 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62666239306465323265353831393731 | article101008 | 17 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | les écarts de rémunération, et la qualité de vie et des conditions de travail. Négociation sur la gestion des emplois et des parcours professionnels Une négociation sur la gestion des emplois et des parcours professionnels doit également être engagée par l'employeur, au moins une fois tous les quatre ans : Dans les entreprises et les groupes d'entreprises au sens de l'article L. 2331-1 du Code du travail d'au moins 300 salariés ;Dans les entreprises et groupes d'entreprises de dimension communautaire au sens des articles L. 2341-1 et L. 2341-2 du même code comportant au moins un établissement ou une entreprise d'au moins 150 salariés en France. Suspension temporaire du pouvoir de décision unilatérale de l'employeurTant que la négociation est en cours, l'employeur ne peut, dans les matières traitées, arrêter de décisions unilatérales concernant la collectivité des salariés, sauf si l'urgence le justifie. Dépôt des accordsSi la négociation aboutit et qu'un accord est conclu, ce dernier doit faire l'objet, par la partie la plus diligente, d'un dépôt auprès de la DREETS-DDETS. Ce dépôt s'effectue à partir du site de dépôt des accords collectifs d'entreprise. Ce dépôt électronique permet également de répondre à l'obligation de publicité des accords collectifs prévue, sauf pour certains types d'accords (accords d'intéressement, de participation, accords de performance collective, etc. ), par l'article L. 2231-5-1 du Code du travail. Un exemplaire de l'accord doit également être | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
les écarts de rémunération, et la qualité de vie et des conditions de travail. Négociation sur la gestion des emplois et des parcours professionnels Une négociation sur la gestion des emplois et des parcours professionnels doit également être engagée par l'employeur, au moins une fois tous les quatre ans : Dans les entreprises et les groupes d'entreprises au sens de l'article L. 2331-1 du Code du travail d'au moins 300 salariés ;Dans les entreprises et groupes d'entreprises de dimension communautaire au sens des articles L. 2341-1 et L. 2341-2 du même code comportant au moins un établissement ou une entreprise d'au moins 150 salariés en France. Suspension temporaire du pouvoir de décision unilatérale de l'employeurTant que la négociation est en cours, l'employeur ne peut, dans les matières traitées, arrêter de décisions unilatérales concernant la collectivité des salariés, sauf si l'urgence le justifie. Dépôt des accordsSi la négociation aboutit et qu'un accord est conclu, ce dernier doit faire l'objet, par la partie la plus diligente, d'un dépôt auprès de la DREETS-DDETS. Ce dépôt s'effectue à partir du site de dépôt des accords collectifs d'entreprise. Ce dépôt électronique permet également de répondre à l'obligation de publicité des accords collectifs prévue, sauf pour certains types d'accords (accords d'intéressement, de participation, accords de performance collective, etc. ), par l'article L. 2231-5-1 du Code du travail. Un exemplaire de l'accord doit également être | 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30383539613837336435333438386339 | article101008 | 18 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | doit également être remis au greffe du conseil de prud'hommes du lieu de conclusion, par la partie la plus diligente. Sur les rapports entre les accords d'entreprise et les accords couvrant un champ territorial ou professionnel plus large (notamment les accords de branche), on se reportera aux précisions figurant aux articles L. 2253-1 à L. 2253-4 du code du travail. Dépôt des accords sur les salaires effectifsLes accords collectifs d'entreprise sur les salaires effectifs ne peuvent être déposés auprès de la Direction régionale de l'économie, de l'emploi, du travail et des solidarités (DREETS-DDETS), qu'accompagnés d'un procès-verbal d'ouverture des négociations portant sur les écarts de rémunération entre les femmes et les hommes, consignant les propositions respectives des parties. Le procès-verbal atteste que l'employeur a engagé sérieusement et loyalement les négociations. L'engagement sérieux et loyal des négociations implique que, dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, l'employeur ait convoqué à la négociation les organisations syndicales représentatives dans l'entreprise et fixé le lieu et le calendrier des réunions. L'employeur doit également leur avoir communiqué les informations nécessaires pour leur permettre de négocier en toute connaissance de cause et avoir répondu de manière motivée aux éventuelles propositions des organisations syndicales. Situation en l'absence d'accordEn l'absence | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
doit également être remis au greffe du conseil de prud'hommes du lieu de conclusion, par la partie la plus diligente. Sur les rapports entre les accords d'entreprise et les accords couvrant un champ territorial ou professionnel plus large (notamment les accords de branche), on se reportera aux précisions figurant aux articles L. 2253-1 à L. 2253-4 du code du travail. Dépôt des accords sur les salaires effectifsLes accords collectifs d'entreprise sur les salaires effectifs ne peuvent être déposés auprès de la Direction régionale de l'économie, de l'emploi, du travail et des solidarités (DREETS-DDETS), qu'accompagnés d'un procès-verbal d'ouverture des négociations portant sur les écarts de rémunération entre les femmes et les hommes, consignant les propositions respectives des parties. Le procès-verbal atteste que l'employeur a engagé sérieusement et loyalement les négociations. L'engagement sérieux et loyal des négociations implique que, dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, l'employeur ait convoqué à la négociation les organisations syndicales représentatives dans l'entreprise et fixé le lieu et le calendrier des réunions. L'employeur doit également leur avoir communiqué les informations nécessaires pour leur permettre de négocier en toute connaissance de cause et avoir répondu de manière motivée aux éventuelles propositions des organisations syndicales. Situation en l'absence d'accordEn l'absence | 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65666233373537333631616464336464 | article101008 | 19 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | l'absence d'accord prévoyant les mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes, la négociation sur les salaires effectifs prévue au 1° ci-dessus porte également sur la programmation de mesures permettant de supprimer les écarts de rémunération et les différences de déroulement de carrière entre les femmes et les hommes ;En l'absence d'accord relatif à l'égalité professionnelle entre les femmes et les hommes à l'issue de la négociation mentionnée au 2° ci-dessus, l'employeur établit un plan d'action annuel destiné à assurer l'égalité professionnelle entre les femmes et les hommes, dans les conditions et selon les modalités mentionnées aux articles L. 2242-3 du Code du travail et R. 2242-2 à R. 2242-2-2 du Code du travail. Procès verbal de désaccord Si, au terme de la négociation, aucun accord n'a pu être conclu, un procès-verbal de désaccord doit être établi, dans lequel sont consignées, en leur dernier état, les propositions respectives des parties et les mesures que l'employeur entend appliquer unilatéralement. Ce procès-verbal donne lieu, à l'initiative de la partie la plus diligente, à dépôt auprès de la DREETS, à partir du site de dépôt des accords collectifs d'entreprise et des textes associés. Sanctions administratives en l'absence de négociationDans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, l'employeur qui n'a pas rempli l'obligation de négociation sur les salaires | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
l'absence d'accord prévoyant les mesures visant à supprimer les écarts de rémunération entre les femmes et les hommes, la négociation sur les salaires effectifs prévue au 1° ci-dessus porte également sur la programmation de mesures permettant de supprimer les écarts de rémunération et les différences de déroulement de carrière entre les femmes et les hommes ;En l'absence d'accord relatif à l'égalité professionnelle entre les femmes et les hommes à l'issue de la négociation mentionnée au 2° ci-dessus, l'employeur établit un plan d'action annuel destiné à assurer l'égalité professionnelle entre les femmes et les hommes, dans les conditions et selon les modalités mentionnées aux articles L. 2242-3 du Code du travail et R. 2242-2 à R. 2242-2-2 du Code du travail. Procès verbal de désaccord Si, au terme de la négociation, aucun accord n'a pu être conclu, un procès-verbal de désaccord doit être établi, dans lequel sont consignées, en leur dernier état, les propositions respectives des parties et les mesures que l'employeur entend appliquer unilatéralement. Ce procès-verbal donne lieu, à l'initiative de la partie la plus diligente, à dépôt auprès de la DREETS, à partir du site de dépôt des accords collectifs d'entreprise et des textes associés. Sanctions administratives en l'absence de négociationDans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, l'employeur qui n'a pas rempli l'obligation de négociation sur les salaires | 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36633432323539306365663466663230 | article101099 | 5 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"La définition du licenciement pour motif économique (Web série droit du travail)"
] | C'est la détermination du ou des salariés susceptibles d'être licenciés. Pour ce faire, l'employeur établit un ordre des licenciements tenant compte de critères légaux ou conventionnels. Le salarié doit, à sa demande, en être informé. L'inobservation des règles relatives à l'ordre des licenciements expose, sur le plan pénal, l'employeur au paiement de l'amende prévue pour les contraventions de quatrième classe. Sur le plan civil, elle ouvre droit pour le salarié au paiement de dommages et intérêts évalués en fonction du préjudice subi par le salarié. Lorsque l'employeur procède à un licenciement collectif pour motif économique et en l'absence de convention ou accord collectif de travail applicable, il définit les critères retenus pour fixer l'ordre des licenciements après consultation du comité social et économique. Ces critères prennent notamment en compte, premièrement les charges de famille, en particulier celles des parents isolés, deuxièmement l'ancienneté de service, troisièmement la situation des salariés qui présentent des caractéristiques sociales rendant leur réinsertion professionnelle particulièrement difficile, notamment celle des personnes handicapées et des salariés âgés, et enfin les qualités professionnelles appréciées par catégorie. Cette liste n'est pas limitative et l'employeur peut y ajouter d'autres critères. L'employeur peut privilégier un de ces critères à condition de tenir compte de l'ensemble des autres critères mentionnés ci-dessus. Le périmètre | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
C'est la détermination du ou des salariés susceptibles d'être licenciés. Pour ce faire, l'employeur établit un ordre des licenciements tenant compte de critères légaux ou conventionnels. Le salarié doit, à sa demande, en être informé. L'inobservation des règles relatives à l'ordre des licenciements expose, sur le plan pénal, l'employeur au paiement de l'amende prévue pour les contraventions de quatrième classe. Sur le plan civil, elle ouvre droit pour le salarié au paiement de dommages et intérêts évalués en fonction du préjudice subi par le salarié. Lorsque l'employeur procède à un licenciement collectif pour motif économique et en l'absence de convention ou accord collectif de travail applicable, il définit les critères retenus pour fixer l'ordre des licenciements après consultation du comité social et économique. Ces critères prennent notamment en compte, premièrement les charges de famille, en particulier celles des parents isolés, deuxièmement l'ancienneté de service, troisièmement la situation des salariés qui présentent des caractéristiques sociales rendant leur réinsertion professionnelle particulièrement difficile, notamment celle des personnes handicapées et des salariés âgés, et enfin les qualités professionnelles appréciées par catégorie. Cette liste n'est pas limitative et l'employeur peut y ajouter d'autres critères. L'employeur peut privilégier un de ces critères à condition de tenir compte de l'ensemble des autres critères mentionnés ci-dessus. Le périmètre | 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63323462663435643933653036303961 | article101008 | 20 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | sur les salaires effectifs est soumis à une pénalité dans les conditions définies par l'article L. 2242-7 et les articles D. 2242-12 à D. 2242-16 du Code du travail ; Les entreprises d'au moins 50 salariés sont soumises à une pénalité à la charge de l'employeur en l'absence d'accord relatif à l'égalité professionnelle entre les femmes et les hommes à l'issue de la négociation mentionnée au 2° ci-dessus ou, à défaut d'accord, si elles ne sont pas couvertes par le plan mentionné à l'article L. 2242-3 du Code du travail. Cette pénalité est mise en œuvre dans les conditions précisées par les articles L. 2242-8 et R. 2242-3 à R. 2242-8 du code du travail. « Rescrit » égalité professionnelle entre les femmes et les hommesAfin de sécuriser les employeurs quant à leur situation au regard de leur obligation d'être couverts par un accord ou un plan d'action en matière d'égalité professionnelle entre les femmes et les hommes, une procédure dite de « rescrit » a été instaurée. Cette procédure consiste en une prise de position formelle, opposable à l'administration, sur l'application d'une norme à la situation de fait ou au projet du demandeur. A ce titre, tout employeur d'une entreprise d'au moins 50 salariés, soumise à une obligation d'être couverte par un accord ou un plan d'action relatifs à l'égalité professionnelle, peut formuler une demande de rescrit auprès de l'administration. Les règles applicables figurent aux articles L. 2242-9 du code du travail et R. 2242-9 à R. 2242-11 du | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
sur les salaires effectifs est soumis à une pénalité dans les conditions définies par l'article L. 2242-7 et les articles D. 2242-12 à D. 2242-16 du Code du travail ; Les entreprises d'au moins 50 salariés sont soumises à une pénalité à la charge de l'employeur en l'absence d'accord relatif à l'égalité professionnelle entre les femmes et les hommes à l'issue de la négociation mentionnée au 2° ci-dessus ou, à défaut d'accord, si elles ne sont pas couvertes par le plan mentionné à l'article L. 2242-3 du Code du travail. Cette pénalité est mise en œuvre dans les conditions précisées par les articles L. 2242-8 et R. 2242-3 à R. 2242-8 du code du travail. « Rescrit » égalité professionnelle entre les femmes et les hommesAfin de sécuriser les employeurs quant à leur situation au regard de leur obligation d'être couverts par un accord ou un plan d'action en matière d'égalité professionnelle entre les femmes et les hommes, une procédure dite de « rescrit » a été instaurée. Cette procédure consiste en une prise de position formelle, opposable à l'administration, sur l'application d'une norme à la situation de fait ou au projet du demandeur. A ce titre, tout employeur d'une entreprise d'au moins 50 salariés, soumise à une obligation d'être couverte par un accord ou un plan d'action relatifs à l'égalité professionnelle, peut formuler une demande de rescrit auprès de l'administration. Les règles applicables figurent aux articles L. 2242-9 du code du travail et R. 2242-9 à R. 2242-11 du | 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38326632663931356236333561326433 | article101008 | 21 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | à R. 2242-11 du Code du travail ; elles font l'objet de précisions dans l'instruction DGT du 4 avril 2017 à laquelle on se reportera. Quel est le champ ouvert à la négociation collective ? Dans les entreprises soumises à l'obligation de négocier et dans le respect des dispositions d'ordre public mentionnées ci-dessus, une négociation peut être engagée, à l'initiative de l'employeur ou à la demande d'une organisation syndicale de salariés représentative, visant à préciser :La calendrier ;La périodicité ;Les thèmes ;Et les modalités de négociation dans le groupe, l'entreprise ou l'établissement. Si cette négociation aboutit, l'accord conclu et signé dans les conditions de droit commun, souvent qualifié d'« accord de méthode », devra préciser :Les thèmes des négociations et leur périodicité, de telle sorte qu'au moins tous les quatre ans soient négociés les thèmes relevant de l'ordre public (rémunération et égalité professionnelle, gestion des emplois et des parcours professionnels) ;Le contenu de chacun des thèmes ;Le calendrier et les lieux des réunions ;Les informations que l'employeur remet aux négociateurs sur les thèmes prévus par la négociation qui s'engage et la date de cette remise ;Les modalités selon lesquelles sont suivis les engagements souscrits par les parties. À noter que, selon la Cour de cassation (arrêt du 3 avril 2024), l'accord de méthode, régulièrement négocié et conclu, « peut définir, dans les entreprises comportant des établissements distincts, les | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
à R. 2242-11 du Code du travail ; elles font l'objet de précisions dans l'instruction DGT du 4 avril 2017 à laquelle on se reportera. Quel est le champ ouvert à la négociation collective ? Dans les entreprises soumises à l'obligation de négocier et dans le respect des dispositions d'ordre public mentionnées ci-dessus, une négociation peut être engagée, à l'initiative de l'employeur ou à la demande d'une organisation syndicale de salariés représentative, visant à préciser :La calendrier ;La périodicité ;Les thèmes ;Et les modalités de négociation dans le groupe, l'entreprise ou l'établissement. Si cette négociation aboutit, l'accord conclu et signé dans les conditions de droit commun, souvent qualifié d'« accord de méthode », devra préciser :Les thèmes des négociations et leur périodicité, de telle sorte qu'au moins tous les quatre ans soient négociés les thèmes relevant de l'ordre public (rémunération et égalité professionnelle, gestion des emplois et des parcours professionnels) ;Le contenu de chacun des thèmes ;Le calendrier et les lieux des réunions ;Les informations que l'employeur remet aux négociateurs sur les thèmes prévus par la négociation qui s'engage et la date de cette remise ;Les modalités selon lesquelles sont suivis les engagements souscrits par les parties. À noter que, selon la Cour de cassation (arrêt du 3 avril 2024), l'accord de méthode, régulièrement négocié et conclu, « peut définir, dans les entreprises comportant des établissements distincts, les | 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64643839313935343264313536643632 | article101008 | 22 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | distincts, les niveaux auxquels la négociation obligatoire visée à l'article L. 2242-1 du code du travail est conduite. »Durée de l'accordLa durée de l'accord mentionné ci-dessus ne peut excéder quatre ans. L'accord conclu dans l'un des domaines relevant de l'ordre public (rémunération et égalité professionnelle, gestion des emplois et des parcours professionnels) peut fixer la périodicité de sa renégociation, dans la limite de quatre ans. Quelles sont les dispositions applicables à défaut d'accord ? (dispositions « supplétives »)Thèmes et périodicité des négociationsÀ défaut d'accord mentionné ci-dessus, ou en cas de non-respect de ses stipulations, l'employeur engage, dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives (et où est présent au moins un délégué syndical) :Chaque année, une négociation sur la rémunération, le temps de travail et le partage de la valeur ajoutée dans l'entreprise (salaires effectifs, durée et organisation du temps de travail, épargne salariale, suivi de la mise en œuvre des mesures visant à supprimer les écarts de rémunération et les différences de déroulement de carrière entre les femmes et les hommes...). Les thèmes de cette négociation sont précisés par les articles L. 2242-15 et L. 2242-16 du Code du travail ;Chaque année, une négociation sur l'égalité professionnelle entre les femmes et les hommes et la qualité de vie et des conditions de travail (articulation entre la vie | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
distincts, les niveaux auxquels la négociation obligatoire visée à l'article L. 2242-1 du code du travail est conduite. »Durée de l'accordLa durée de l'accord mentionné ci-dessus ne peut excéder quatre ans. L'accord conclu dans l'un des domaines relevant de l'ordre public (rémunération et égalité professionnelle, gestion des emplois et des parcours professionnels) peut fixer la périodicité de sa renégociation, dans la limite de quatre ans. Quelles sont les dispositions applicables à défaut d'accord ? (dispositions « supplétives »)Thèmes et périodicité des négociationsÀ défaut d'accord mentionné ci-dessus, ou en cas de non-respect de ses stipulations, l'employeur engage, dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives (et où est présent au moins un délégué syndical) :Chaque année, une négociation sur la rémunération, le temps de travail et le partage de la valeur ajoutée dans l'entreprise (salaires effectifs, durée et organisation du temps de travail, épargne salariale, suivi de la mise en œuvre des mesures visant à supprimer les écarts de rémunération et les différences de déroulement de carrière entre les femmes et les hommes...). Les thèmes de cette négociation sont précisés par les articles L. 2242-15 et L. 2242-16 du Code du travail ;Chaque année, une négociation sur l'égalité professionnelle entre les femmes et les hommes et la qualité de vie et des conditions de travail (articulation entre la vie | 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62636333346130373465393032373139 | article101008 | 23 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | entre la vie personnelle et la vie professionnelle, lutte contre les discriminations, insertion professionnelle et maintien dans l'emploi des travailleurs handicapés, modalités du plein exercice par le salarié de son droit à la déconnexion, etc. ). En outre, dans les entreprises dont 50 salariés au moins sont employés sur un même site, cette négociation porte également sur les mesures visant à améliorer la mobilité des salariés entre leur lieu de résidence habituelle et leur lieu de travail, notamment en réduisant le coût de la mobilité, en incitant à l'usage des modes de transport vertueux ainsi que par la prise en charge des frais de transport personnel des salariés (frais de carburant et frais exposés pour l'alimentation de véhicules électriques, hybrides rechargeables ou hydrogène et forfait « mobilités durables »). À défaut d'accord, les entreprises soumises à l'obligation de négocier et dont 50 salariés au moins sont employés sur un même site, élaborent un plan de mobilité employeur sur leurs différents sites dans les conditions prévues au II bis de l'article L. 1214-8-2 du Code des transports. La négociation mentionnée ci-dessus peut également porter sur la qualité des conditions de travail, notamment sur la santé et la sécurité au travail et la prévention des risques professionnels. Elle peut s'appuyer sur les acteurs régionaux et locaux de la prévention des risques professionnels. Les deux thèmes de négociation mentionnés ci-dessus correspondent à ce qui est | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
entre la vie personnelle et la vie professionnelle, lutte contre les discriminations, insertion professionnelle et maintien dans l'emploi des travailleurs handicapés, modalités du plein exercice par le salarié de son droit à la déconnexion, etc. ). En outre, dans les entreprises dont 50 salariés au moins sont employés sur un même site, cette négociation porte également sur les mesures visant à améliorer la mobilité des salariés entre leur lieu de résidence habituelle et leur lieu de travail, notamment en réduisant le coût de la mobilité, en incitant à l'usage des modes de transport vertueux ainsi que par la prise en charge des frais de transport personnel des salariés (frais de carburant et frais exposés pour l'alimentation de véhicules électriques, hybrides rechargeables ou hydrogène et forfait « mobilités durables »). À défaut d'accord, les entreprises soumises à l'obligation de négocier et dont 50 salariés au moins sont employés sur un même site, élaborent un plan de mobilité employeur sur leurs différents sites dans les conditions prévues au II bis de l'article L. 1214-8-2 du Code des transports. La négociation mentionnée ci-dessus peut également porter sur la qualité des conditions de travail, notamment sur la santé et la sécurité au travail et la prévention des risques professionnels. Elle peut s'appuyer sur les acteurs régionaux et locaux de la prévention des risques professionnels. Les deux thèmes de négociation mentionnés ci-dessus correspondent à ce qui est | 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38663733363264656433656533373765 | article101008 | 24 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | à ce qui est communément appelé « Négociation Annuelle Obligatoire » ou « NAO ». Lorsqu’il est mis en place, le conseil d'entreprise est seul compétent pour négocier, conclure et réviser les conventions et accords d'entreprise ou d'établissement. Les thèmes et modalités de cette négociation sur l'égalité professionnelle entre les femmes et les hommes et la qualité de vie au travail sont précisément définis par les articles L 2242-17 à L. 2242-19 du Code du travail. Tous les trois ans, dans les entreprises d'au moins 300 salariés mentionnées à l'article L. 2242-2 du Code du travail, une négociation sur la gestion des emplois et des parcours professionnels (mise en place d'un dispositif de gestion prévisionnelle des emplois et des compétences – GPEC - notamment pour répondre aux enjeux de la transition écologique, grandes orientations à trois ans de la formation professionnelle dans l'entreprise et objectifs du plan de formation, déroulement de carrière des salariés exerçant des responsabilités syndicales et exercice de leurs fonctions, etc. ). Cette négociation porte précisément sur les thèmes mentionnés aux articles L. 2242-20 et L. 2242-21 du Code du travail. Engagement de la négociationÀ défaut d'une initiative de l'employeur depuis plus de 12 mois, pour chacune des deux négociations annuelles (rémunération et égalité professionnelle), et depuis plus de 36 mois (gestion des emplois et des parcours professionnels), pour la négociation triennale, suivant la précédente | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
à ce qui est communément appelé « Négociation Annuelle Obligatoire » ou « NAO ». Lorsqu’il est mis en place, le conseil d'entreprise est seul compétent pour négocier, conclure et réviser les conventions et accords d'entreprise ou d'établissement. Les thèmes et modalités de cette négociation sur l'égalité professionnelle entre les femmes et les hommes et la qualité de vie au travail sont précisément définis par les articles L 2242-17 à L. 2242-19 du Code du travail. Tous les trois ans, dans les entreprises d'au moins 300 salariés mentionnées à l'article L. 2242-2 du Code du travail, une négociation sur la gestion des emplois et des parcours professionnels (mise en place d'un dispositif de gestion prévisionnelle des emplois et des compétences – GPEC - notamment pour répondre aux enjeux de la transition écologique, grandes orientations à trois ans de la formation professionnelle dans l'entreprise et objectifs du plan de formation, déroulement de carrière des salariés exerçant des responsabilités syndicales et exercice de leurs fonctions, etc. ). Cette négociation porte précisément sur les thèmes mentionnés aux articles L. 2242-20 et L. 2242-21 du Code du travail. Engagement de la négociationÀ défaut d'une initiative de l'employeur depuis plus de 12 mois, pour chacune des deux négociations annuelles (rémunération et égalité professionnelle), et depuis plus de 36 mois (gestion des emplois et des parcours professionnels), pour la négociation triennale, suivant la précédente | 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61646137303438376465383737326330 | article101099 | 6 | La définition du licenciement pour motif économique | Travail-Emploi | travail-emploi | Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise. | 14/11/2023 | https://travail-emploi.gouv.fr/la-definition-du-licenciement-pour-motif-economique | [
"La définition du licenciement pour motif économique (Web série droit du travail)"
] | Le périmètre d'application des critères d'ordre des licenciements peut être fixé par un accord collectif. En l'absence d'un tel accord, ce périmètre ne peut être inférieur à celui de chaque zone d'emploi dans lequel sont situés un ou plusieurs établissements de l'entreprise concernée par les suppressions d'emplois. Ces zones d'emploi sont établies par l'INSEE, la Dares et le service statistique du ministère du Travail. Rappelez-vous, je présente tout ce qui a trait au licenciement économique collectif et au plan de sauvegarde de l'emploi dans un autre épisode. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Tout d'abord, pour bien comprendre la définition du licenciement économique, il est utile de distinguer la cause matérielle de la cause justificative. Ensuite, la question des périmètres d'appréciation des notions est importante, que ce soit pour la cause du licenciement, du reclassement du salarié ou de l'application des critères d'ordre. Enfin, l'employeur doit tenir compte des critères d'ordre de licenciement légaux ou conventionnels. Vous avez apprécié ce contenu ? Et la pratique du droit du travail vous intéresse ? Découvrez le métier d'inspecteur du travail. Un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur l'ensemble du champ couvert par le code du travail et bien plus encore. À très bientôt, pour un nouvel épisode consacré au droit du travail.À savoir ! Comme tout licenciement, le licenciement pour | La définition du licenciement pour motif économique
Constitue un licenciement pour motif économique le licenciement effectué par un employeur pour un ou plusieurs motifs non inhérents à la personne du salarié résultant d'une suppression ou transformation d'emploi ou d'une modification, refusée par le salarié, d'un élément essentiel du contrat de travail , consécutives notamment à des difficultés économiques, à des mutations technologiques, à une réorganisation de l'entreprise nécessaire à la sauvegarde de sa compétitivité ou à la cessation d'activité de l'entreprise.
Le périmètre d'application des critères d'ordre des licenciements peut être fixé par un accord collectif. En l'absence d'un tel accord, ce périmètre ne peut être inférieur à celui de chaque zone d'emploi dans lequel sont situés un ou plusieurs établissements de l'entreprise concernée par les suppressions d'emplois. Ces zones d'emploi sont établies par l'INSEE, la Dares et le service statistique du ministère du Travail. Rappelez-vous, je présente tout ce qui a trait au licenciement économique collectif et au plan de sauvegarde de l'emploi dans un autre épisode. Nous arrivons au terme de cette vidéo et il y a donc trois points à retenir. Tout d'abord, pour bien comprendre la définition du licenciement économique, il est utile de distinguer la cause matérielle de la cause justificative. Ensuite, la question des périmètres d'appréciation des notions est importante, que ce soit pour la cause du licenciement, du reclassement du salarié ou de l'application des critères d'ordre. Enfin, l'employeur doit tenir compte des critères d'ordre de licenciement légaux ou conventionnels. Vous avez apprécié ce contenu ? Et la pratique du droit du travail vous intéresse ? Découvrez le métier d'inspecteur du travail. Un métier de terrain qui vous permettra de mettre en pratique vos connaissances sur l'ensemble du champ couvert par le code du travail et bien plus encore. À très bientôt, pour un nouvel épisode consacré au droit du travail.À savoir ! Comme tout licenciement, le licenciement pour | 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62323131666161393930313732666238 | article101008 | 25 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | la précédente négociation, cette négociation s'engage obligatoirement à la demande d'une organisation syndicale représentative :La demande de négociation formulée par l'organisation syndicale est transmise dans les huit jours par l'employeur aux autres organisations représentatives ;Dans les quinze jours qui suivent la demande formulée par une organisation syndicale, l'employeur convoque les parties à la négociation. Lors de la première réunion sont précisés : Le lieu et le calendrier de la ou des réunions ;Les informations que l'employeur remettra aux délégués syndicaux et aux salariés composant la délégation sur les thèmes prévus par la négociation qui s'engage et la date de cette remise. Quelles sont les modalités de la négociation ? La négociation se déroule entre l'employeur (ou son représentant) et la délégation de chacune des organisations syndicales représentatives dans l'entreprise. Cette délégation comprend le délégué syndical de l'organisation dans l'entreprise ou, en cas de pluralité de délégués, au moins deux délégués syndicaux. Chaque organisation peut compléter sa délégation par des salariés de l'entreprise, dont le nombre est fixé par accord entre l'employeur et l'ensemble des organisations mentionnées ci-dessus. A défaut d'accord, le nombre de salariés qui complète la délégation est au plus égal, par délégation, à celui des délégués syndicaux de la délégation. Toutefois, dans les entreprises pourvues d'un seul délégué syndical, ce nombre peut être porté à | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
la précédente négociation, cette négociation s'engage obligatoirement à la demande d'une organisation syndicale représentative :La demande de négociation formulée par l'organisation syndicale est transmise dans les huit jours par l'employeur aux autres organisations représentatives ;Dans les quinze jours qui suivent la demande formulée par une organisation syndicale, l'employeur convoque les parties à la négociation. Lors de la première réunion sont précisés : Le lieu et le calendrier de la ou des réunions ;Les informations que l'employeur remettra aux délégués syndicaux et aux salariés composant la délégation sur les thèmes prévus par la négociation qui s'engage et la date de cette remise. Quelles sont les modalités de la négociation ? La négociation se déroule entre l'employeur (ou son représentant) et la délégation de chacune des organisations syndicales représentatives dans l'entreprise. Cette délégation comprend le délégué syndical de l'organisation dans l'entreprise ou, en cas de pluralité de délégués, au moins deux délégués syndicaux. Chaque organisation peut compléter sa délégation par des salariés de l'entreprise, dont le nombre est fixé par accord entre l'employeur et l'ensemble des organisations mentionnées ci-dessus. A défaut d'accord, le nombre de salariés qui complète la délégation est au plus égal, par délégation, à celui des délégués syndicaux de la délégation. Toutefois, dans les entreprises pourvues d'un seul délégué syndical, ce nombre peut être porté à | 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37363364323231343338656364656338 | article101008 | 26 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | peut être porté à deux. Le temps passé à la négociation est rémunéré comme temps de travail à échéance normale. Crédit d'heures pour la négociationChaque section syndicale dispose, au profit de son ou ses délégués syndicaux et des salariés de l'entreprise appelés à négocier la convention ou l'accord d'entreprise, en vue de la préparation de la négociation de cette convention ou de cet accord, d'un crédit d'heures dont la durée ne peut excéder 12 heures par an dans les entreprises d'au moins 500 salariés et 18 heures par an dans celles d'au moins 1 000 salariés. Quelles sont les sanctions en l'absence de négociation ? Indépendamment des sanctions administratives mentionnées précédemment, le fait, pour l'employeur, de se soustraire aux obligations prévues à l'article L. 2242-1 du Code du travail, relatives à la convocation des parties à la négociation et à l'obligation périodique de négocier, est puni d'un emprisonnement d'un an et d'une amende de 3 750 euros. Délit d'entraveL'employeur encourt les mêmes peines, prononcées au titre du délit d'entrave à l'exercice du droit syndical, lorsque, dans les entreprises assujetties à la négociation obligatoire, il négocie, dans le cadre de ces négociations obligatoires, un accord collectif avec d'autres interlocuteurs que les délégués syndicaux (par exemple, les représentants du comité social et économique) ou lorsqu'il ne convoque pas à la négociation toutes les organisations syndicales représentatives (voir en ce sens l'arrêt de la | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
peut être porté à deux. Le temps passé à la négociation est rémunéré comme temps de travail à échéance normale. Crédit d'heures pour la négociationChaque section syndicale dispose, au profit de son ou ses délégués syndicaux et des salariés de l'entreprise appelés à négocier la convention ou l'accord d'entreprise, en vue de la préparation de la négociation de cette convention ou de cet accord, d'un crédit d'heures dont la durée ne peut excéder 12 heures par an dans les entreprises d'au moins 500 salariés et 18 heures par an dans celles d'au moins 1 000 salariés. Quelles sont les sanctions en l'absence de négociation ? Indépendamment des sanctions administratives mentionnées précédemment, le fait, pour l'employeur, de se soustraire aux obligations prévues à l'article L. 2242-1 du Code du travail, relatives à la convocation des parties à la négociation et à l'obligation périodique de négocier, est puni d'un emprisonnement d'un an et d'une amende de 3 750 euros. Délit d'entraveL'employeur encourt les mêmes peines, prononcées au titre du délit d'entrave à l'exercice du droit syndical, lorsque, dans les entreprises assujetties à la négociation obligatoire, il négocie, dans le cadre de ces négociations obligatoires, un accord collectif avec d'autres interlocuteurs que les délégués syndicaux (par exemple, les représentants du comité social et économique) ou lorsqu'il ne convoque pas à la négociation toutes les organisations syndicales représentatives (voir en ce sens l'arrêt de la | 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33313834316165353566653661636333 | article101008 | 27 | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement | Travail-Emploi | travail-emploi | Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative . | 06/12/2024 | https://travail-emploi.gouv.fr/les-negociations-obligatoires-dans-lentreprise-theme-periodicite-et-deroulement | [
"Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement"
] | sens l'arrêt de la Cour de cassation du 18 novembre 1997).Textes de référence Articles L. 2242-1 à L. 2242-9 et R. 2242-1 (ordre public), L. 2242-10 à L. 2242-12 (champ de la négociation collective), L. 2242-13 à L. 2242-21 (dispositions supplétives) du Code du travailArticle L. 1214-8-2 du Code des transportsLire en complément L’égalité de rémunération entre les femmes et les hommesL’égalité professionnelle Femmes - HommesLa prise en charge des frais de transport par l’employeurLe conseil d'entrepriseQui contacter ? Représentants du personnelInspection du travail (coordonnées auprès de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités - DREETS-DDETS de votre territoire) | Les négociations obligatoires dans l'entreprise : thème, périodicité et déroulement
Dans les entreprises où sont constituées une ou plusieurs sections syndicales d'organisations représentatives, et dans lesquelles a été désigné au moins un délégué syndical , l'employeur doit prendre l’initiative d’engager, périodiquement, des négociations portant sur certains thèmes dont, notamment, les rémunérations et l' égalité professionnelle entre les femmes et les hommes . À défaut d'une initiative de l'employeur , la négociation s’engage obligatoirement à la demande d'une organisation syndicale représentative .
sens l'arrêt de la Cour de cassation du 18 novembre 1997).Textes de référence Articles L. 2242-1 à L. 2242-9 et R. 2242-1 (ordre public), L. 2242-10 à L. 2242-12 (champ de la négociation collective), L. 2242-13 à L. 2242-21 (dispositions supplétives) du Code du travailArticle L. 1214-8-2 du Code des transportsLire en complément L’égalité de rémunération entre les femmes et les hommesL’égalité professionnelle Femmes - HommesLa prise en charge des frais de transport par l’employeurLe conseil d'entrepriseQui contacter ? Représentants du personnelInspection du travail (coordonnées auprès de la Direction régionale de l’économie, de l’emploi, du travail et des solidarités - DREETS-DDETS de votre territoire) | 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63306263623537626633656638373762 | article101013 | 0 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"La prévention des risques liés à l'amiante"
] | La réglementation du travail encadrant les travaux portant sur l’amiante est ainsi aujourd’hui organisée autour de décrets fondamentaux :Le décret n° 2012-639 du 4 mai 2012, pris en application de l’article L. 4412-1 du Code du travail, qui constitue le décret fondateur en termes d’évaluation et de prévention du risque amiante. Ce décret a notamment introduit, en matière de travaux portant sur l’amiante, une distinction entre deux protagonistes tenus chacun d’obligations propres (donneur d’ordre / employeur), et est à l’origine de très nombreuses avancées réglementaires en la matière : adoption de la microscopie électronique à transmission analytique ou META pour les mesurages en milieu professionnel, permettant le décompte de l’ensemble des fibres d’amiante identifiées comme cancérogènes ;abaissement de la valeur limite d’exposition professionnelle (VLEP) amiante à 10 f/L sur 8 heures ;généralisation de l’exigence de certification pour l’ensemble des travaux de retrait ou d’encapsulage d’amiante « SS3 » ;avènement de la notion de processus comme fondement du travail d’évaluation du risque amiante des employeurs ; renforcement des exigences en termes de mesures de protection, collective et individuelle, pour l’ensemble des travaux exposant ou susceptibles d’exposer à l’amiante) ;Le décret n° 2017-899 du 9 mai 2017, pris en application de l’article L. 4412-2 du Code du travail, qui délimite le champ d’application de l’obligation du principe de repérage amiante avant travaux ou | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
La réglementation du travail encadrant les travaux portant sur l’amiante est ainsi aujourd’hui organisée autour de décrets fondamentaux :Le décret n° 2012-639 du 4 mai 2012, pris en application de l’article L. 4412-1 du Code du travail, qui constitue le décret fondateur en termes d’évaluation et de prévention du risque amiante. Ce décret a notamment introduit, en matière de travaux portant sur l’amiante, une distinction entre deux protagonistes tenus chacun d’obligations propres (donneur d’ordre / employeur), et est à l’origine de très nombreuses avancées réglementaires en la matière : adoption de la microscopie électronique à transmission analytique ou META pour les mesurages en milieu professionnel, permettant le décompte de l’ensemble des fibres d’amiante identifiées comme cancérogènes ;abaissement de la valeur limite d’exposition professionnelle (VLEP) amiante à 10 f/L sur 8 heures ;généralisation de l’exigence de certification pour l’ensemble des travaux de retrait ou d’encapsulage d’amiante « SS3 » ;avènement de la notion de processus comme fondement du travail d’évaluation du risque amiante des employeurs ; renforcement des exigences en termes de mesures de protection, collective et individuelle, pour l’ensemble des travaux exposant ou susceptibles d’exposer à l’amiante) ;Le décret n° 2017-899 du 9 mai 2017, pris en application de l’article L. 4412-2 du Code du travail, qui délimite le champ d’application de l’obligation du principe de repérage amiante avant travaux ou | 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66646166666438643931326363306232 | article101013 | 1 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"La prévention des risques liés à l'amiante"
] | avant travaux ou RAT, mis à la charge des donneurs, maîtres d’ouvrage ou propriétaires, et qui prescrit les différentes exigences générales participant à leur bonne préparation, réalisation, restitution et exploitation. Le RAT constitue aujourd’hui la pierre angulaire de la protection des travailleurs contre le risque d’exposition des fibres d’amiante, puisque permettant, du fait de cette recherche préalable d’amiante, de mettre à leur disposition les mesures de protection appropriées dès lors que rendues nécessaires, donc lorsque la présence d’amiante aura été identifiée dans le périmètre de l’opération projetée, et ce en temps utiles, en d’autres termes avant le démarrage effectif de leur activité.Cette page présente de manière actualisée l’ensemble des textes réglementaires ainsi que les questions-réponses, instructions et notes du directeur général du travail (DGT) venus les préciser.Sont également disponibles sur cette page des documents d’appropriation et d’accompagnement ainsi que les informations relatives aux initiatives du ministère chargé du travail en matière de professionnalisation des acteurs de la filière amiante, aux études scientifiques en cours et DEMAT@MIANTE. | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
avant travaux ou RAT, mis à la charge des donneurs, maîtres d’ouvrage ou propriétaires, et qui prescrit les différentes exigences générales participant à leur bonne préparation, réalisation, restitution et exploitation. Le RAT constitue aujourd’hui la pierre angulaire de la protection des travailleurs contre le risque d’exposition des fibres d’amiante, puisque permettant, du fait de cette recherche préalable d’amiante, de mettre à leur disposition les mesures de protection appropriées dès lors que rendues nécessaires, donc lorsque la présence d’amiante aura été identifiée dans le périmètre de l’opération projetée, et ce en temps utiles, en d’autres termes avant le démarrage effectif de leur activité.Cette page présente de manière actualisée l’ensemble des textes réglementaires ainsi que les questions-réponses, instructions et notes du directeur général du travail (DGT) venus les préciser.Sont également disponibles sur cette page des documents d’appropriation et d’accompagnement ainsi que les informations relatives aux initiatives du ministère chargé du travail en matière de professionnalisation des acteurs de la filière amiante, aux études scientifiques en cours et DEMAT@MIANTE. | 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62336439633464366536646137306633 | article101013 | 4 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Cadre réglementaire sur la prévention des risques d’exposition à l’amiante : décret du 4 mai 2012"
] | d’articles cités par cet arrêté et actualiser l’une des références normatives sur lesquelles s’appuie ce texte réglementaire. Arrêté du 7 mars 2013 relatif aux choix, à l’entretien et à la vérification des équipements de protection individuelle utilisés lors d’opérations comportant un risque d’exposition à l’amiante. Arrêté du 8 avril 2013 relatif aux règles techniques, aux mesures de prévention et aux moyens de protection collective à mettre en œuvre par les entreprises lors d’opérations comportant un risque d’exposition à l’amiante. Cet arrêté a été modifié par l’arrêté du 25 juillet 2022 modifiant divers arrêtés relatifs à la prévention des risques liés à l’amiante, aux fins d’actualiser certaines références normatives sur lesquelles s’appuie ce texte réglementaire. Arrêté du 14 août 2012 relatif aux conditions de mesurage des niveaux d’empoussièrement, aux conditions de contrôle du respect de la valeur limite d’exposition professionnelle aux fibres d’amiante et aux conditions d’accréditation des organismes procédant à ces mesurages. Cet arrêté a été modifié : Par l’arrêté du 30 mai 2018 relatif aux conditions de mesurage des niveaux d'empoussièrement, aux conditions de contrôle du respect de la valeur limite d'exposition professionnelle aux fibres d'amiante et aux conditions d'accréditation des organismes procédant à ces mesurages. Entré en vigueur le 1er juillet 2018, il a notamment pour objet de rendre d’application obligatoire la norme NF X 43-269 : décembre 2017. | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
d’articles cités par cet arrêté et actualiser l’une des références normatives sur lesquelles s’appuie ce texte réglementaire. Arrêté du 7 mars 2013 relatif aux choix, à l’entretien et à la vérification des équipements de protection individuelle utilisés lors d’opérations comportant un risque d’exposition à l’amiante. Arrêté du 8 avril 2013 relatif aux règles techniques, aux mesures de prévention et aux moyens de protection collective à mettre en œuvre par les entreprises lors d’opérations comportant un risque d’exposition à l’amiante. Cet arrêté a été modifié par l’arrêté du 25 juillet 2022 modifiant divers arrêtés relatifs à la prévention des risques liés à l’amiante, aux fins d’actualiser certaines références normatives sur lesquelles s’appuie ce texte réglementaire. Arrêté du 14 août 2012 relatif aux conditions de mesurage des niveaux d’empoussièrement, aux conditions de contrôle du respect de la valeur limite d’exposition professionnelle aux fibres d’amiante et aux conditions d’accréditation des organismes procédant à ces mesurages. Cet arrêté a été modifié : Par l’arrêté du 30 mai 2018 relatif aux conditions de mesurage des niveaux d'empoussièrement, aux conditions de contrôle du respect de la valeur limite d'exposition professionnelle aux fibres d'amiante et aux conditions d'accréditation des organismes procédant à ces mesurages. Entré en vigueur le 1er juillet 2018, il a notamment pour objet de rendre d’application obligatoire la norme NF X 43-269 : décembre 2017. | 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31333738353866343633343365323635 | article101013 | 5 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Cadre réglementaire sur la prévention des risques d’exposition à l’amiante : décret du 4 mai 2012"
] | : décembre 2017. L'arrêté du 4 juin 2024 modifiant l'arrêté du 14 août 2012 relatif aux conditions de mesurage des niveaux d'empoussièrement, aux conditions de contrôle du respect de la valeur limite d'exposition professionnelle aux fibres d'amiante et aux conditions d'accréditation des organismes procédant à ces mesurages a été publié au Journal Officiel du 14 juin 2024. Il a pour objet de modifier la référence mentionnée dans ce texte s'agissant du guide français d'application de la norme NF EN ISO 16000-7 : 2007. Pour en savoir plus :Les arrêtés du 30 mai 2018 relatifs aux mesurages des fibres d’amiante et céramiques réfractaires | Synthèse (PDF - 339. 17 Ko)Par l’arrêté du 25 juillet 2022 modifiant divers arrêtés relatifs à la prévention des risques liés à l’amiante, aux fins de rendre obligatoire dans cet arrêté la norme NF X 43-050 : juillet 2021 et d’introduire un fondement juridique aux procédures de signalement pris par les agents des services d’inspection du travail à l’encontre des laboratoires accrédités pour la réalisation de mesurages sur opérateurs. Par l’arrêté du 4 juin 2024 modifiant l’arrêté du 14 août 2012 relatif aux conditions de mesurage des niveaux d'empoussièrement, aux conditions de contrôle du respect de la valeur limite d'exposition professionnelle aux fibres d'amiante et aux conditions d'accréditation des organismes procédant à ces mesurages aux fins de modifier la référence mentionnée dans ce texte s’agissant du guide français d’application de | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
: décembre 2017. L'arrêté du 4 juin 2024 modifiant l'arrêté du 14 août 2012 relatif aux conditions de mesurage des niveaux d'empoussièrement, aux conditions de contrôle du respect de la valeur limite d'exposition professionnelle aux fibres d'amiante et aux conditions d'accréditation des organismes procédant à ces mesurages a été publié au Journal Officiel du 14 juin 2024. Il a pour objet de modifier la référence mentionnée dans ce texte s'agissant du guide français d'application de la norme NF EN ISO 16000-7 : 2007. Pour en savoir plus :Les arrêtés du 30 mai 2018 relatifs aux mesurages des fibres d’amiante et céramiques réfractaires | Synthèse (PDF - 339. 17 Ko)Par l’arrêté du 25 juillet 2022 modifiant divers arrêtés relatifs à la prévention des risques liés à l’amiante, aux fins de rendre obligatoire dans cet arrêté la norme NF X 43-050 : juillet 2021 et d’introduire un fondement juridique aux procédures de signalement pris par les agents des services d’inspection du travail à l’encontre des laboratoires accrédités pour la réalisation de mesurages sur opérateurs. Par l’arrêté du 4 juin 2024 modifiant l’arrêté du 14 août 2012 relatif aux conditions de mesurage des niveaux d'empoussièrement, aux conditions de contrôle du respect de la valeur limite d'exposition professionnelle aux fibres d'amiante et aux conditions d'accréditation des organismes procédant à ces mesurages aux fins de modifier la référence mentionnée dans ce texte s’agissant du guide français d’application de | 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34656261656438393363333066336163 | article101013 | 6 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Cadre réglementaire sur la prévention des risques d’exposition à l’amiante : décret du 4 mai 2012"
] | d’application de la norme NF EN ISO 16000-7 : 2007. Arrêté du 25 juillet 2022 fixant les conditions de certification des entreprises réalisant des travaux de retrait ou d’encapsulage d’amiante, de matériaux, d’équipements ou d’articles en contenant et les conditions d’accréditation des organismes certificateurs, remplaçant l’arrêté du 14 décembre 2012. Cet arrêté rend obligatoire les normes NF X 46-010 : août 2012, fixant le référentiel de certification des entreprises de traitement de l’amiante « SS3 », et NF X 46-011 : décembre 2014, détaillant notamment la procédure pour obtenir et conserver la certification en lien avec cette activité de traitement de l’amiante. | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
d’application de la norme NF EN ISO 16000-7 : 2007. Arrêté du 25 juillet 2022 fixant les conditions de certification des entreprises réalisant des travaux de retrait ou d’encapsulage d’amiante, de matériaux, d’équipements ou d’articles en contenant et les conditions d’accréditation des organismes certificateurs, remplaçant l’arrêté du 14 décembre 2012. Cet arrêté rend obligatoire les normes NF X 46-010 : août 2012, fixant le référentiel de certification des entreprises de traitement de l’amiante « SS3 », et NF X 46-011 : décembre 2014, détaillant notamment la procédure pour obtenir et conserver la certification en lien avec cette activité de traitement de l’amiante. | 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66376264643262306133323132646165 | article101013 | 7 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Cadre réglementaire sur le repérage préalable de l’amiante avant toute opération de travail : décret du 9 mai 2017"
] | DécretLe décret n° 2017-899 du 9 mai 2017 relatif au repérage de l’amiante avant certaines opérations, pris en application de l’article L. 4412-2 du code du travail, a notamment pour objet de :Délimiter le champ d’application de l’obligation du repérage amiante avant travaux (RAT), en fixant 6 domaines d’activité concernés par cette obligation et en imposant cette exigence « notamment » pour toutes opérations de travaux portant sur un bâtiment, un équipement, un matériel ou un article construit avant le 1er janvier 1997 (date de l’interdiction de l’amiante en France) - cf. article R. 4412-97 du Code du travail ;Fixer, dans une rédaction transverse à l’ensemble des domaines d’activité, les prescriptions participant à la bonne préparation, réalisation et restitution de la mission de RAT.De ce fait, le décret n° 2017-899 du 9 mai 2017 n’est pas autoporteur : autrement dit, il est requis pour l’entrée en vigueur du dispositif de RAT dans chacun des six domaines d’activité concernés qu’un arrêté d’application soit publié et entré en vigueur.En outre, afin de disposer de méthodes de repérages fiables pour chacun des six domaines d’activités susmentionnés, la DGT a choisi de s’appuyer sur un travail de normalisation qui, avec l’appui de l’Association française de normalisation (AFNOR) et plusieurs bureaux de normalisation spécialisés, s’est déroulé de 2017 à 2021. Ces travaux de normalisation ont permis d’aboutir à l’établissement d’une norme (sauf le domaine d’activité des | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
DécretLe décret n° 2017-899 du 9 mai 2017 relatif au repérage de l’amiante avant certaines opérations, pris en application de l’article L. 4412-2 du code du travail, a notamment pour objet de :Délimiter le champ d’application de l’obligation du repérage amiante avant travaux (RAT), en fixant 6 domaines d’activité concernés par cette obligation et en imposant cette exigence « notamment » pour toutes opérations de travaux portant sur un bâtiment, un équipement, un matériel ou un article construit avant le 1er janvier 1997 (date de l’interdiction de l’amiante en France) - cf. article R. 4412-97 du Code du travail ;Fixer, dans une rédaction transverse à l’ensemble des domaines d’activité, les prescriptions participant à la bonne préparation, réalisation et restitution de la mission de RAT.De ce fait, le décret n° 2017-899 du 9 mai 2017 n’est pas autoporteur : autrement dit, il est requis pour l’entrée en vigueur du dispositif de RAT dans chacun des six domaines d’activité concernés qu’un arrêté d’application soit publié et entré en vigueur.En outre, afin de disposer de méthodes de repérages fiables pour chacun des six domaines d’activités susmentionnés, la DGT a choisi de s’appuyer sur un travail de normalisation qui, avec l’appui de l’Association française de normalisation (AFNOR) et plusieurs bureaux de normalisation spécialisés, s’est déroulé de 2017 à 2021. Ces travaux de normalisation ont permis d’aboutir à l’établissement d’une norme (sauf le domaine d’activité des | 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33323634616531353631343636353865 | article101013 | 8 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Cadre réglementaire sur le repérage préalable de l’amiante avant toute opération de travail : décret du 9 mai 2017"
] | d’activité des immeubles non-bâtis, pourvu de deux normes – l’une concernant les travaux sur ouvrages de génie civil, infrastructures de transport et réseaux, l’autre relative au repérage de l’amiante environnemental dans les sols et roches en place), lesquelles sont appelées dans l’arrêté d’application de leur domaine d’activité de référence.Le calendrier d’entrée en vigueur de l’obligation de RAT, initialement prévue au 1er octobre 2018, a ainsi été rééchelonné jusqu’au 1er octobre 2020 par le décret n° 2019-251 du 27 mars 2019 modifiant celui du 9 mai 2017, en tenant compte du délai inhérent aux travaux de normalisation engagés dans les divers domaines d’activité concernés par l’obligation de RAT. Cependant, une fois encore, l’entrée en vigueur du dispositif de RAT dans un domaine d’activité donné reste conditionné à la publication et à l’entrée en vigueur de son arrêté d’application (le décalage pouvant exister entre les deux dates correspondant au temps nécessaire pour former un nombre suffisant d’opérateurs de repérage dans le domaine d’activité considéré).ArrêtésArrêté du 19 juin 2019 relatif au repérage de l’amiante avant certaines opérations réalisées dans les navires, bateaux, engins flottants et autres constructions flottantes, publié au JO du 27 juin 2019. Il est entré en vigueur à compter du 1er janvier 2020, rendant obligatoire à cette date le dispositif de RAT dans ce domaine d’activité. Il rend également obligatoire la norme NF X 46-101 fixant les lignes | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
d’activité des immeubles non-bâtis, pourvu de deux normes – l’une concernant les travaux sur ouvrages de génie civil, infrastructures de transport et réseaux, l’autre relative au repérage de l’amiante environnemental dans les sols et roches en place), lesquelles sont appelées dans l’arrêté d’application de leur domaine d’activité de référence.Le calendrier d’entrée en vigueur de l’obligation de RAT, initialement prévue au 1er octobre 2018, a ainsi été rééchelonné jusqu’au 1er octobre 2020 par le décret n° 2019-251 du 27 mars 2019 modifiant celui du 9 mai 2017, en tenant compte du délai inhérent aux travaux de normalisation engagés dans les divers domaines d’activité concernés par l’obligation de RAT. Cependant, une fois encore, l’entrée en vigueur du dispositif de RAT dans un domaine d’activité donné reste conditionné à la publication et à l’entrée en vigueur de son arrêté d’application (le décalage pouvant exister entre les deux dates correspondant au temps nécessaire pour former un nombre suffisant d’opérateurs de repérage dans le domaine d’activité considéré).ArrêtésArrêté du 19 juin 2019 relatif au repérage de l’amiante avant certaines opérations réalisées dans les navires, bateaux, engins flottants et autres constructions flottantes, publié au JO du 27 juin 2019. Il est entré en vigueur à compter du 1er janvier 2020, rendant obligatoire à cette date le dispositif de RAT dans ce domaine d’activité. Il rend également obligatoire la norme NF X 46-101 fixant les lignes | 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62366231396463383831383830633233 | article101013 | 11 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Cadre réglementaire sur le repérage préalable de l’amiante avant toute opération de travail : décret du 9 mai 2017"
] | et de santé au travail (CARSAT) des Pays-de-la-Loire ont élaboré un dépliant explicitant la méthode à suivre pour rechercher un opérateur de repérage certifié avec mention. Arrêté du 13 novembre 2019 relatif au repérage de l’amiante avant certaines opérations réalisées dans les matériels roulants ferroviaires, publié au JO du 21 novembre 2019 et entré en vigueur le 1er janvier 2020, rendant obligatoire à cette date le dispositif de RAT dans ce domaine d’activité. Il rend également obligatoire la norme NF F 01-020 : octobre 2019 fixant les lignes méthodologiques pour le repérage de l’amiante à bord des matériels roulants ferroviaires, consultable librement sur le site de l’AFNOR ;Arrêté du 4 juin 2024 relatif au repérage de l'amiante avant certaines opérations réalisées dans les immeubles autres que le bâtis tels que les ouvrages de génie civil, infrastructures de transport ou réseaux divers a été publié au Journal Officiel du 30 juin 2024. Il entrera en vigueur au 1er juillet 2026, hormis les annexes relatives à la formation des candidats au statut d'opérateur de repérage dans ce domaine d'activité qui sont entrés en vigueur dès le lendemain de la date de sa publication, soit le 1er juillet 2024. Il a aussi pour objet de rendre obligatoire à cette date la norme NFX 46-102 : novembre 2020 fixant les lignes méthodologiques pour le repérage de l'amiante dans les ouvrages de génie civil, infrastructures de transport et réseaux divers, consultable librement sur le site de l'AFNOR | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
et de santé au travail (CARSAT) des Pays-de-la-Loire ont élaboré un dépliant explicitant la méthode à suivre pour rechercher un opérateur de repérage certifié avec mention. Arrêté du 13 novembre 2019 relatif au repérage de l’amiante avant certaines opérations réalisées dans les matériels roulants ferroviaires, publié au JO du 21 novembre 2019 et entré en vigueur le 1er janvier 2020, rendant obligatoire à cette date le dispositif de RAT dans ce domaine d’activité. Il rend également obligatoire la norme NF F 01-020 : octobre 2019 fixant les lignes méthodologiques pour le repérage de l’amiante à bord des matériels roulants ferroviaires, consultable librement sur le site de l’AFNOR ;Arrêté du 4 juin 2024 relatif au repérage de l'amiante avant certaines opérations réalisées dans les immeubles autres que le bâtis tels que les ouvrages de génie civil, infrastructures de transport ou réseaux divers a été publié au Journal Officiel du 30 juin 2024. Il entrera en vigueur au 1er juillet 2026, hormis les annexes relatives à la formation des candidats au statut d'opérateur de repérage dans ce domaine d'activité qui sont entrés en vigueur dès le lendemain de la date de sa publication, soit le 1er juillet 2024. Il a aussi pour objet de rendre obligatoire à cette date la norme NFX 46-102 : novembre 2020 fixant les lignes méthodologiques pour le repérage de l'amiante dans les ouvrages de génie civil, infrastructures de transport et réseaux divers, consultable librement sur le site de l'AFNOR | 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63313637666566646531303832616163 | article101013 | 12 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Cadre réglementaire sur le repérage préalable de l’amiante avant toute opération de travail : décret du 9 mai 2017"
] | le site de l'AFNOR ;Arrêté du 24 décembre 2020 relatif au repérage de l’amiante avant certaines opérations réalisées dans les aéronefs, publié au JO du 22 janvier 2021 et entré en vigueur le 1er janvier 2023, rendant obligatoire à cette date le dispositif de RAT dans ce domaine d’activité. Il rend également obligatoire la norme NF L 80-001 : mars 2020 fixant les lignes méthodologiques pour le repérage de l’amiante à bord des aéronefs, consultable librement sur le site de l’AFNOR. La Direction générale du travail et la Direction générale de l’aviation civile ont élaboré conjointement une plaquette d’information à destination des donneurs d’ordre pour le lancement des travaux sur aéronefs ainsi qu’un guide explicitant plusieurs points afférents à la mission de repérage de l’amiante avant certaines opérations réalisées dans les aéronefs : Aéronefs : Mission repérage amiante | Plaquette | Mars 2022 (PDF - 902. 49 Ko) Guide relatif à la mission de repérage de l’amiante (MRA) avant certaines opérations réalisées dans les aéronefs | Mars 2022 (PDF - 730. 68 Ko) Arrêté du 22 juillet 2021 relatif au repérage de l’amiante avant certaines opérations réalisées dans les installations, structures ou équipements concourant à la réalisation ou à la mise en œuvre d’une activité, publié au JO du 11 septembre 2021 et entré en vigueur le 1er juillet 2023, rendant obligatoire à cette date le dispositif de RAT dans ce domaine d’activité. Il rend également obligatoire la norme NF X 46-100 : | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
le site de l'AFNOR ;Arrêté du 24 décembre 2020 relatif au repérage de l’amiante avant certaines opérations réalisées dans les aéronefs, publié au JO du 22 janvier 2021 et entré en vigueur le 1er janvier 2023, rendant obligatoire à cette date le dispositif de RAT dans ce domaine d’activité. Il rend également obligatoire la norme NF L 80-001 : mars 2020 fixant les lignes méthodologiques pour le repérage de l’amiante à bord des aéronefs, consultable librement sur le site de l’AFNOR. La Direction générale du travail et la Direction générale de l’aviation civile ont élaboré conjointement une plaquette d’information à destination des donneurs d’ordre pour le lancement des travaux sur aéronefs ainsi qu’un guide explicitant plusieurs points afférents à la mission de repérage de l’amiante avant certaines opérations réalisées dans les aéronefs : Aéronefs : Mission repérage amiante | Plaquette | Mars 2022 (PDF - 902. 49 Ko) Guide relatif à la mission de repérage de l’amiante (MRA) avant certaines opérations réalisées dans les aéronefs | Mars 2022 (PDF - 730. 68 Ko) Arrêté du 22 juillet 2021 relatif au repérage de l’amiante avant certaines opérations réalisées dans les installations, structures ou équipements concourant à la réalisation ou à la mise en œuvre d’une activité, publié au JO du 11 septembre 2021 et entré en vigueur le 1er juillet 2023, rendant obligatoire à cette date le dispositif de RAT dans ce domaine d’activité. Il rend également obligatoire la norme NF X 46-100 : | 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32356431383765303933353430346530 | article101013 | 13 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Cadre réglementaire sur le repérage préalable de l’amiante avant toute opération de travail : décret du 9 mai 2017"
] | norme NF X 46-100 : juillet 2019 fixant les lignes méthodologiques pour le repérage de l’amiante dans les installations, structures ou équipements concourant à la réalisation ou à la mise en œuvre d’une activité, consultable librement sur le site de l’AFNOR Arrêté du 4 juin 2024 relatif au repérage de l’amiante avant certaines opérations réalisées dans les ouvrages de génie civil, infrastructures de transport et réseaux divers, publié au JO du 30 juin 2024 et devant entrer en vigueur le 1er juillet 2026. Il a pour objet de rendre obligatoire à cette date la norme NF X 46-102 : novembre 2020 fixant les lignes méthodologiques pour le repérage de l’amiante dans les ouvrages de génie civil, infrastructures de transport et réseaux divers, consultable librement sur le site de l’AFNOR. Afin d’accompagner les donneurs de ce domaine d’activité à s’approprier la pleine maîtrise de cette obligation de RAT, la DGT, avec l’appui de l’OPPBTP, vient de publier une plaquette d’information à leur destination. Amiante | Les obligations de repérage avant travaux | Immeubles non bâtis | Brochure | Octobre 2024. pdf (PDF - 1. 33 Mo) Arrêté du 1er octobre 2019 relatif aux modalités de réalisation des analyses de matériaux et produits susceptibles de contenir de l’amiante, aux conditions de compétence du personnel et d’accréditation des organismes procédant à ces analyses. Cet arrêté définit les méthodes d’essais, de préparation et d’analyses des matériaux et produits à mettre en œuvre selon | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
norme NF X 46-100 : juillet 2019 fixant les lignes méthodologiques pour le repérage de l’amiante dans les installations, structures ou équipements concourant à la réalisation ou à la mise en œuvre d’une activité, consultable librement sur le site de l’AFNOR Arrêté du 4 juin 2024 relatif au repérage de l’amiante avant certaines opérations réalisées dans les ouvrages de génie civil, infrastructures de transport et réseaux divers, publié au JO du 30 juin 2024 et devant entrer en vigueur le 1er juillet 2026. Il a pour objet de rendre obligatoire à cette date la norme NF X 46-102 : novembre 2020 fixant les lignes méthodologiques pour le repérage de l’amiante dans les ouvrages de génie civil, infrastructures de transport et réseaux divers, consultable librement sur le site de l’AFNOR. Afin d’accompagner les donneurs de ce domaine d’activité à s’approprier la pleine maîtrise de cette obligation de RAT, la DGT, avec l’appui de l’OPPBTP, vient de publier une plaquette d’information à leur destination. Amiante | Les obligations de repérage avant travaux | Immeubles non bâtis | Brochure | Octobre 2024. pdf (PDF - 1. 33 Mo) Arrêté du 1er octobre 2019 relatif aux modalités de réalisation des analyses de matériaux et produits susceptibles de contenir de l’amiante, aux conditions de compétence du personnel et d’accréditation des organismes procédant à ces analyses. Cet arrêté définit les méthodes d’essais, de préparation et d’analyses des matériaux et produits à mettre en œuvre selon | 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64366137313031353035333334633536 | article101013 | 14 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Cadre réglementaire sur le repérage préalable de l’amiante avant toute opération de travail : décret du 9 mai 2017"
] | en œuvre selon qu’il s’agit d’amiante manufacturé (ou délibérément ajouté selon la terminologie du règlement REACH), d’amiante naturel voire les deux, comme dans les enrobés des infrastructures de transport. | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
en œuvre selon qu’il s’agit d’amiante manufacturé (ou délibérément ajouté selon la terminologie du règlement REACH), d’amiante naturel voire les deux, comme dans les enrobés des infrastructures de transport. | 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37643863343736353331383839666533 | article101013 | 15 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"En complément du cadre réglementaire : doctrine administrative de la DGT sur les textes réglementaires en matière d’amiante"
] | InstructionL’instruction DGT CT2 2015/638 du 16 octobre 2015 concernant l’application du décret du 29 juin 2015, relatif aux risques d’exposition à l’amiante, explicite les mesures de prévention collective et individuelle qui devront être mises en œuvre lors des opérations exposant à l’amiante, afin de garantir le respect de la valeur limite d’exposition professionnelle (VLEP) aux fibres d’amiante abaissée depuis le 2 juillet 2015 à 10 f/L.Notes de la DGTNote 14-918 du Directeur général du travail en date du 24 novembre 2014, qui vise à diffuser différentes positions juridiques de la DGT en matière d’amiante. Note 14-918 du Directeur général du travail en date du 24 novembre 2014 (PDF - 353. 24 Ko) Note 14-906 du Directeur général du travail en date du 12 décembre 2014, qui vise à préciser le cadre juridique applicable aux travaux sur des matériaux de BTP contenant de l’amiante ou des fragments de clivage issus de matériaux naturels. Note 14-906 du Directeur général du travail en date du 12 décembre 2014 (PDF - 288. 06 Ko) Cf. sur ce même sujet la note du directeur général du travail du 9 juillet 2018, consécutive aux deux avis de l’Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail (ANSES) de 2015 et 2017 relatifs aux fragments de clivage et particules minérales allongées d’intérêt (PMAi), et qui précise les mesures arrêtées par les pouvoirs publics afin de compléter la connaissance scientifique dans ce domaine et d’acquérir des | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
InstructionL’instruction DGT CT2 2015/638 du 16 octobre 2015 concernant l’application du décret du 29 juin 2015, relatif aux risques d’exposition à l’amiante, explicite les mesures de prévention collective et individuelle qui devront être mises en œuvre lors des opérations exposant à l’amiante, afin de garantir le respect de la valeur limite d’exposition professionnelle (VLEP) aux fibres d’amiante abaissée depuis le 2 juillet 2015 à 10 f/L.Notes de la DGTNote 14-918 du Directeur général du travail en date du 24 novembre 2014, qui vise à diffuser différentes positions juridiques de la DGT en matière d’amiante. Note 14-918 du Directeur général du travail en date du 24 novembre 2014 (PDF - 353. 24 Ko) Note 14-906 du Directeur général du travail en date du 12 décembre 2014, qui vise à préciser le cadre juridique applicable aux travaux sur des matériaux de BTP contenant de l’amiante ou des fragments de clivage issus de matériaux naturels. Note 14-906 du Directeur général du travail en date du 12 décembre 2014 (PDF - 288. 06 Ko) Cf. sur ce même sujet la note du directeur général du travail du 9 juillet 2018, consécutive aux deux avis de l’Agence nationale de sécurité sanitaire de l’alimentation, de l’environnement et du travail (ANSES) de 2015 et 2017 relatifs aux fragments de clivage et particules minérales allongées d’intérêt (PMAi), et qui précise les mesures arrêtées par les pouvoirs publics afin de compléter la connaissance scientifique dans ce domaine et d’acquérir des | 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37333565316134393238376437633061 | article101013 | 27 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Connaissance des empoussièrements d'amiante et des techniques associées"
] | pas se substituer à l’évaluation réglementaire des niveaux d’empoussièrement des processus qui incombe à l’employeur, telle qu’elle est fixée dans l’article R. 4412-98 du Code du travail. Elle permet néanmoins d’informer l’utilisateur sur les niveaux d’empoussièrement a priori, susceptibles d’être générés par les processus mis en œuvre.Interventions sur matériaux amiantés : les mesures de prévention à mettre en œuvre pour se protéger lors d’interventions courantesLa DGT, l’OPPBTP et l’INRS ont publié la dernière version du rapport CARTO AMIANTE, en date du 17 juin 2021. Ce dernier restitue les résultats issus de 398 mesures d’empoussièrement réalisées sur les opérations de 168 entreprises. Ces mesures ont été réalisées dans le cadre de 15 situations de travail différentes, dont 4 nouvelles à savoir :Application de peinture ou d’enduit sur peintures et enduits intérieurs ;Pose de toile de verre ou de papier peint sur peintures et enduits intérieurs ;Dépose de papier peint (raclage) sur peintures et enduits intérieurs ;Grattage manuel sur peintures et enduits intérieurs.Pour chacune de ces situations de travail, le rapport donne une valeur de référence et présente les mesures de prévention associées à mettre en œuvre par les professionnels qui interviennent sur ces matériaux et produits amiantés.Rapport Carto Amiante | Juin 2021 (PDF - 2. 93 Mo)Table de correspondance SCOLA-norme NF X 46-010 : août 2012Table de correspondance des matériaux entre SCOLA et NF X 46-010 - avril | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
pas se substituer à l’évaluation réglementaire des niveaux d’empoussièrement des processus qui incombe à l’employeur, telle qu’elle est fixée dans l’article R. 4412-98 du Code du travail. Elle permet néanmoins d’informer l’utilisateur sur les niveaux d’empoussièrement a priori, susceptibles d’être générés par les processus mis en œuvre.Interventions sur matériaux amiantés : les mesures de prévention à mettre en œuvre pour se protéger lors d’interventions courantesLa DGT, l’OPPBTP et l’INRS ont publié la dernière version du rapport CARTO AMIANTE, en date du 17 juin 2021. Ce dernier restitue les résultats issus de 398 mesures d’empoussièrement réalisées sur les opérations de 168 entreprises. Ces mesures ont été réalisées dans le cadre de 15 situations de travail différentes, dont 4 nouvelles à savoir :Application de peinture ou d’enduit sur peintures et enduits intérieurs ;Pose de toile de verre ou de papier peint sur peintures et enduits intérieurs ;Dépose de papier peint (raclage) sur peintures et enduits intérieurs ;Grattage manuel sur peintures et enduits intérieurs.Pour chacune de ces situations de travail, le rapport donne une valeur de référence et présente les mesures de prévention associées à mettre en œuvre par les professionnels qui interviennent sur ces matériaux et produits amiantés.Rapport Carto Amiante | Juin 2021 (PDF - 2. 93 Mo)Table de correspondance SCOLA-norme NF X 46-010 : août 2012Table de correspondance des matériaux entre SCOLA et NF X 46-010 - avril | 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39373431623763333338636430633835 | article101013 | 16 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"En complément du cadre réglementaire : doctrine administrative de la DGT sur les textes réglementaires en matière d’amiante"
] | et d’acquérir des données sur la caractérisation et l’émissivité des matériaux contenant ces espèces minérales. Note du directeur général du travail du 9 juillet 2018 (PDF - 2. 89 Mo) Note 15-79 du Directeur général du travail en date du 4 mars 2015, qui diffuse version actualisée des deux logigrammes élaborés afin de clarifier la frontière entre la sous-section 3 (retrait ou encapsulage d’amiante) et la sous-section 4 (interventions sur matériaux ou produits amiantés) et faciliter le classement des opérations exposant à l’amiante :Pour les opérations sur des immeubles par nature ou par destination ; Pour les opérations de maintenance sur les équipements industriels, matériels de transport ou autres articles. Note 15-79 du Directeur général du travail en date du 4 mars 2015 (PDF - 778. 57 Ko) Logigramme | Distinction sous-section 3/sous-section 4 pour les opérations exposant à l’amiante sur des immeubles par nature ou par destination (PDF - 38. 48 Ko) Logigramme | Distinction sous-section 3/sous-section 4 pour les opérations exposant à l’amiante sur les installations et équipements industriels, matériels de transport ou autres articles (PDF - 40. 44 Ko) Note du Directeur général du travail en date du 8 décembre 2016, qui vise à rappeler les conditions d’organisation du chantier test de mesurage des empoussièrements des processus « SS3 ». Note du Directeur général du travail en date du 8 décembre 2016 (PDF - 2. 59 Mo) Note du Directeur général du travail en date du 19 | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
et d’acquérir des données sur la caractérisation et l’émissivité des matériaux contenant ces espèces minérales. Note du directeur général du travail du 9 juillet 2018 (PDF - 2. 89 Mo) Note 15-79 du Directeur général du travail en date du 4 mars 2015, qui diffuse version actualisée des deux logigrammes élaborés afin de clarifier la frontière entre la sous-section 3 (retrait ou encapsulage d’amiante) et la sous-section 4 (interventions sur matériaux ou produits amiantés) et faciliter le classement des opérations exposant à l’amiante :Pour les opérations sur des immeubles par nature ou par destination ; Pour les opérations de maintenance sur les équipements industriels, matériels de transport ou autres articles. Note 15-79 du Directeur général du travail en date du 4 mars 2015 (PDF - 778. 57 Ko) Logigramme | Distinction sous-section 3/sous-section 4 pour les opérations exposant à l’amiante sur des immeubles par nature ou par destination (PDF - 38. 48 Ko) Logigramme | Distinction sous-section 3/sous-section 4 pour les opérations exposant à l’amiante sur les installations et équipements industriels, matériels de transport ou autres articles (PDF - 40. 44 Ko) Note du Directeur général du travail en date du 8 décembre 2016, qui vise à rappeler les conditions d’organisation du chantier test de mesurage des empoussièrements des processus « SS3 ». Note du Directeur général du travail en date du 8 décembre 2016 (PDF - 2. 59 Mo) Note du Directeur général du travail en date du 19 | 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64326664643766643532303062636462 | article101013 | 17 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"En complément du cadre réglementaire : doctrine administrative de la DGT sur les textes réglementaires en matière d’amiante"
] | en date du 19 janvier 2017, qui apporte différentes précisions relatives au cadre juridique applicable aux opérations sur matériaux et produits contenant de l’amiante relevant de la sous-section 3, notamment en matière de sous-traitance et de certification. Note du Directeur général du travail en date du 19 janvier 2017 (PDF - 3. 93 Mo) Cette note a été complétée par la note du Directeur général du travail du 24 août 2017, qui se substitue aux paragraphes 2-1 et 2-2 de la note du 19 janvier 2017, s’agissant des opérations sur des matériaux et produits amiantés initiés par des particuliers ou des agriculteurs, pour préciser les obligations pesant sur ces donneurs d’ordre au regard de l’obligation de certification des entreprises procédant au retrait ou à l’encapsulage d’amiante. Note du Directeur général du travail du 24 août 2017 (PDF - 1. 17 Mo) Note du directeur général du travail en date du 5 décembre 2017, qui présente le cadre juridique applicable aux interventions susceptibles de provoquer l’émission de fibres d’amiante relevant de la sous-section 4. Elle est composée de 5 fiches et 1 logigramme portant sur les sujets suivants :Fiche 1 : éléments constitutifs des processus relevant de la sous-section 4 : cas des matériaux pollués par l’amiante ; Fiche 2 : conditions d’évaluation d’un processus relevant de la sous-section 4 ;Fiche 3 : identification des processus – cas particulier des opérateurs de repérage de matériaux et produits contenant de l’amiante ; Fiche 4 : | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
en date du 19 janvier 2017, qui apporte différentes précisions relatives au cadre juridique applicable aux opérations sur matériaux et produits contenant de l’amiante relevant de la sous-section 3, notamment en matière de sous-traitance et de certification. Note du Directeur général du travail en date du 19 janvier 2017 (PDF - 3. 93 Mo) Cette note a été complétée par la note du Directeur général du travail du 24 août 2017, qui se substitue aux paragraphes 2-1 et 2-2 de la note du 19 janvier 2017, s’agissant des opérations sur des matériaux et produits amiantés initiés par des particuliers ou des agriculteurs, pour préciser les obligations pesant sur ces donneurs d’ordre au regard de l’obligation de certification des entreprises procédant au retrait ou à l’encapsulage d’amiante. Note du Directeur général du travail du 24 août 2017 (PDF - 1. 17 Mo) Note du directeur général du travail en date du 5 décembre 2017, qui présente le cadre juridique applicable aux interventions susceptibles de provoquer l’émission de fibres d’amiante relevant de la sous-section 4. Elle est composée de 5 fiches et 1 logigramme portant sur les sujets suivants :Fiche 1 : éléments constitutifs des processus relevant de la sous-section 4 : cas des matériaux pollués par l’amiante ; Fiche 2 : conditions d’évaluation d’un processus relevant de la sous-section 4 ;Fiche 3 : identification des processus – cas particulier des opérateurs de repérage de matériaux et produits contenant de l’amiante ; Fiche 4 : | 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32306461356331326132373630636335 | article101013 | 18 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"En complément du cadre réglementaire : doctrine administrative de la DGT sur les textes réglementaires en matière d’amiante"
] | ; Fiche 4 : conditions d’élaboration, de transmission et de mise à jour du mode opératoire ; Fiche 5 : précisions concernant le remplacement des cartouches P3 et de tout autre consommable. L’ensemble de la procédure d’évaluation est récapitulé dans un logigramme. Note du directeur général du travail en date du 5 décembre 2017 (PDF - 5. 82 Mo)Questions-RéponsesQuestions-réponses du 7 mars 2012 relatif à l’arrêté du 23 février 2012 définissant les modalités de la formation des travailleurs à la prévention des risques liés à l’amiante. Questions-réponses du 7 mars 2012 (PDF - 75. 35 Ko) Questions-Réponses du 7 mars 2013 relatif au décret du 4 mai 2012 relatif aux risques d’exposition à l’amiante Questions-Réponses du 7 mars 2013 (PDF - 517. 39 Ko) Questions-réponses du 16 juin 2021 relatif à l’arrêté du 1er octobre 2019 relatif aux modalités de réalisation des analyses de matériaux et produits susceptibles de contenir de l’amiante, aux conditions de compétences du personnel et d’accréditation des organismes procédant à ces analyses. Ce Questions-réponses, élaboré conjointement avec la Direction générale de la santé (DGS), permet de répondre aux diverses questions qui se sont posées à l’issue de la période transitoire de cet arrêté (à savoir le 21 avril 2021). Questions-réponses | Analyse des matériaux et des produits susceptibles de contenir de l’amiante | Juin 2021 (PDF - 816. 42 Ko) Questions-Réponse du 17 juin 2024 relatif à la métrologie de l’air et des matériaux en | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
; Fiche 4 : conditions d’élaboration, de transmission et de mise à jour du mode opératoire ; Fiche 5 : précisions concernant le remplacement des cartouches P3 et de tout autre consommable. L’ensemble de la procédure d’évaluation est récapitulé dans un logigramme. Note du directeur général du travail en date du 5 décembre 2017 (PDF - 5. 82 Mo)Questions-RéponsesQuestions-réponses du 7 mars 2012 relatif à l’arrêté du 23 février 2012 définissant les modalités de la formation des travailleurs à la prévention des risques liés à l’amiante. Questions-réponses du 7 mars 2012 (PDF - 75. 35 Ko) Questions-Réponses du 7 mars 2013 relatif au décret du 4 mai 2012 relatif aux risques d’exposition à l’amiante Questions-Réponses du 7 mars 2013 (PDF - 517. 39 Ko) Questions-réponses du 16 juin 2021 relatif à l’arrêté du 1er octobre 2019 relatif aux modalités de réalisation des analyses de matériaux et produits susceptibles de contenir de l’amiante, aux conditions de compétences du personnel et d’accréditation des organismes procédant à ces analyses. Ce Questions-réponses, élaboré conjointement avec la Direction générale de la santé (DGS), permet de répondre aux diverses questions qui se sont posées à l’issue de la période transitoire de cet arrêté (à savoir le 21 avril 2021). Questions-réponses | Analyse des matériaux et des produits susceptibles de contenir de l’amiante | Juin 2021 (PDF - 816. 42 Ko) Questions-Réponse du 17 juin 2024 relatif à la métrologie de l’air et des matériaux en | 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37363632306339343264613637626431 | article101013 | 19 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"En complément du cadre réglementaire : doctrine administrative de la DGT sur les textes réglementaires en matière d’amiante"
] | et des matériaux en matière d’amiante. Cette nouvelle version, qui est la quatrième : Intègre des précisions suite à la publication par l’association française de normalisation (AFNOR) du fascicule FD X 46-033 : mars 2023, constituant le nouveau guide d’application de la norme NF EN ISO 16000-7 : 2007 relative à la stratégie d’échantillonnage pour la détermination des concentrations en fibres d’amiante en suspension dans l’air ;Apporte des précisions quant aux rôles et responsabilités respectifs des différentes parties prenantes à une mesure sur opérateur(s) (commanditaire du mesurage ; organisme en charge de la stratégie d’échantillonnage, des prélèvements et du rapport final ; laboratoires d’analyses) ;Intègre des positions prises ces dernières années par la DGT, au titre de sa doctrine administrative, en matière de métrologie dans l’air et apporter des précisions sur certaines dispositions de la réglementation amiante du travail en vigueur. ». Métrologie Amiante | Questions-réponses | Édition 2024 (PDF - 2 Mo) | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
et des matériaux en matière d’amiante. Cette nouvelle version, qui est la quatrième : Intègre des précisions suite à la publication par l’association française de normalisation (AFNOR) du fascicule FD X 46-033 : mars 2023, constituant le nouveau guide d’application de la norme NF EN ISO 16000-7 : 2007 relative à la stratégie d’échantillonnage pour la détermination des concentrations en fibres d’amiante en suspension dans l’air ;Apporte des précisions quant aux rôles et responsabilités respectifs des différentes parties prenantes à une mesure sur opérateur(s) (commanditaire du mesurage ; organisme en charge de la stratégie d’échantillonnage, des prélèvements et du rapport final ; laboratoires d’analyses) ;Intègre des positions prises ces dernières années par la DGT, au titre de sa doctrine administrative, en matière de métrologie dans l’air et apporter des précisions sur certaines dispositions de la réglementation amiante du travail en vigueur. ». Métrologie Amiante | Questions-réponses | Édition 2024 (PDF - 2 Mo) | 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65306230336639613933636135353035 | article101013 | 20 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Professionnalisation des acteurs de la filière amiante"
] | Dispositifs visant à la montée en compétence de divers professionnels de la filière amianteTitres professionnels en lien avec les activités de traitement de l’amiante et autres polluants particulairesLes arrêtés du 20 juillet 2018 créent les trois titres professionnels d’encadrant technique, d’encadrant de chantier, d’opérateur de chantier de traitement de l’amiante et autres polluants particulaires.Les organismes de formations intéressés peuvent prendre connaissance des référentiels emploi, activité, compétence, ainsi que des référentiels de certification dans la partie « formation professionnelle du site ministériel » :Encadrant technique ;Encadrant chantier ;Opérateur de chantier.Création par le ministère du Travail d’un certification complémentaire de spécialisation du titre professionnel de couvreur-zingueur Afin de permettre la montée en compétence des professionnels de la couverture, qui effectuent des travaux de retrait d’amiante relevant de la sous-section 3 ou des interventions relevant de la sous-section 4, l’arrêté du 20 mai 2020 relatif au titre professionnel de couvreur-zingueur créé un certificat complémentaire de spécialisation (CCS) intitulé « réaliser des travaux sur des matériaux amiantés liés à des éléments de couverture » au sein du titre professionnel de couvreur-zingueur.Formations certifiantes à destination des opérateurs de repérage avant travaux de l’amianteS’agissant du domaine d’activité des navires, bateaux, engins flottants et autres | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
Dispositifs visant à la montée en compétence de divers professionnels de la filière amianteTitres professionnels en lien avec les activités de traitement de l’amiante et autres polluants particulairesLes arrêtés du 20 juillet 2018 créent les trois titres professionnels d’encadrant technique, d’encadrant de chantier, d’opérateur de chantier de traitement de l’amiante et autres polluants particulaires.Les organismes de formations intéressés peuvent prendre connaissance des référentiels emploi, activité, compétence, ainsi que des référentiels de certification dans la partie « formation professionnelle du site ministériel » :Encadrant technique ;Encadrant chantier ;Opérateur de chantier.Création par le ministère du Travail d’un certification complémentaire de spécialisation du titre professionnel de couvreur-zingueur Afin de permettre la montée en compétence des professionnels de la couverture, qui effectuent des travaux de retrait d’amiante relevant de la sous-section 3 ou des interventions relevant de la sous-section 4, l’arrêté du 20 mai 2020 relatif au titre professionnel de couvreur-zingueur créé un certificat complémentaire de spécialisation (CCS) intitulé « réaliser des travaux sur des matériaux amiantés liés à des éléments de couverture » au sein du titre professionnel de couvreur-zingueur.Formations certifiantes à destination des opérateurs de repérage avant travaux de l’amianteS’agissant du domaine d’activité des navires, bateaux, engins flottants et autres | 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32303139353965626563376161663035 | article101013 | 21 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Professionnalisation des acteurs de la filière amiante"
] | flottants et autres constructions flottantesL'organisme de formation a son offre de formation certifiante pour ce domaine d’activité enregistrée au répertoire spécifique de France compétences : RS6232 - Repérage de l’amiante dans le domaine des navires, bateaux, engins flottants et autres constructions flottantes (francecompetences. fr).S’agissant du domaine d’activité des matériels roulants ferroviairesL'organisme de formation a son offre de formation certifiante pour ce domaine d’activité enregistrée au répertoire spécifique de France compétences : RS5275 - Certificat de compétences de repérage de l’amiante dans les matériels roulants ferroviaires (francecompetences. fr).S’agissant du domaine d’activité des aéronefsL'organisme de formation a son offre de formation certifiante pour ce domaine d’activité enregistrée au répertoire spécifique de France compétences : RS6259 - Repérage de l’amiante dans les aéronefs (francecompetences. fr).S’agissant du domaine d’activités des installations, structures ou équipements concourant à la réalisation ou à la mise en œuvre d’une activitéDeux organismes de formation ont leur offre de formation certifiante pour ce domaine d’activité enregistrées au répertoire spécifique de France compétence, consultables aux liens suivants :Premier organisme de formation : RS6349 - Repérage de l’amiante dans les installations, structures ou équipements concourant à la réalisation ou à la mise en œuvre d'une activité (francecompetences. fr) ;Second | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
flottants et autres constructions flottantesL'organisme de formation a son offre de formation certifiante pour ce domaine d’activité enregistrée au répertoire spécifique de France compétences : RS6232 - Repérage de l’amiante dans le domaine des navires, bateaux, engins flottants et autres constructions flottantes (francecompetences. fr).S’agissant du domaine d’activité des matériels roulants ferroviairesL'organisme de formation a son offre de formation certifiante pour ce domaine d’activité enregistrée au répertoire spécifique de France compétences : RS5275 - Certificat de compétences de repérage de l’amiante dans les matériels roulants ferroviaires (francecompetences. fr).S’agissant du domaine d’activité des aéronefsL'organisme de formation a son offre de formation certifiante pour ce domaine d’activité enregistrée au répertoire spécifique de France compétences : RS6259 - Repérage de l’amiante dans les aéronefs (francecompetences. fr).S’agissant du domaine d’activités des installations, structures ou équipements concourant à la réalisation ou à la mise en œuvre d’une activitéDeux organismes de formation ont leur offre de formation certifiante pour ce domaine d’activité enregistrées au répertoire spécifique de France compétence, consultables aux liens suivants :Premier organisme de formation : RS6349 - Repérage de l’amiante dans les installations, structures ou équipements concourant à la réalisation ou à la mise en œuvre d'une activité (francecompetences. fr) ;Second | 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63653633313837613931393534383966 | article101013 | 22 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Professionnalisation des acteurs de la filière amiante"
] | fr) ;Second organisme de formation : RS6259 - Repérage de l’amiante dans les aéronefs (francecompetences. fr).La mise à niveau des compétences des différents acteurs de la filière amianteLa chaire Entreprise et santé du Conservatoire national des arts et métiers de Paris (CNAM Paris), à la demande du ministère du Travail, propose depuis octobre 2018 une formation de mise à niveau sur la thématique amiante, référencée HSE 119, ouverte en priorité aux formateurs « métiers » appelés à déployer les titres professionnels en lien avec l’activité de traitement de l’amiante et autres polluant particulaires, mais qui est également accessibles aux maîtres d’ouvrages, maîtres d’œuvre, auditeurs de certification, évaluateurs COFRAC, préventeurs, etc.Une session de formation est programmée pour le second semestre 2024.Pour plus d’informations sur cette formation, consultez le site du CNAM.Dispositifs de certification et d’accréditation en matière d’amiante attestant de la compétences des professionnels concernésCertification des organismes de formation des travailleurs à la prévention des expositions à l’amianteLa liste actualisée des organismes délivrant la formation à la prévention des risques liés à l’amiante à destination des travailleurs relevant des dispositions de la sous-section 3 (retrait – encapsulage) est disponible sur les sites des organismes certificateurs ICERT, CERTIBAT et GLOBAL CERTIFICATION.A noter : afin d’améliorer la qualité de l’offre de formation des travailleurs | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
fr) ;Second organisme de formation : RS6259 - Repérage de l’amiante dans les aéronefs (francecompetences. fr).La mise à niveau des compétences des différents acteurs de la filière amianteLa chaire Entreprise et santé du Conservatoire national des arts et métiers de Paris (CNAM Paris), à la demande du ministère du Travail, propose depuis octobre 2018 une formation de mise à niveau sur la thématique amiante, référencée HSE 119, ouverte en priorité aux formateurs « métiers » appelés à déployer les titres professionnels en lien avec l’activité de traitement de l’amiante et autres polluant particulaires, mais qui est également accessibles aux maîtres d’ouvrages, maîtres d’œuvre, auditeurs de certification, évaluateurs COFRAC, préventeurs, etc.Une session de formation est programmée pour le second semestre 2024.Pour plus d’informations sur cette formation, consultez le site du CNAM.Dispositifs de certification et d’accréditation en matière d’amiante attestant de la compétences des professionnels concernésCertification des organismes de formation des travailleurs à la prévention des expositions à l’amianteLa liste actualisée des organismes délivrant la formation à la prévention des risques liés à l’amiante à destination des travailleurs relevant des dispositions de la sous-section 3 (retrait – encapsulage) est disponible sur les sites des organismes certificateurs ICERT, CERTIBAT et GLOBAL CERTIFICATION.A noter : afin d’améliorer la qualité de l’offre de formation des travailleurs | 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63613464346639663636663830346430 | article101013 | 23 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Professionnalisation des acteurs de la filière amiante"
] | des travailleurs relevant de la SS4, l’INRS et l’OPPBTP proposent un dispositif volontaire de formation des formateurs SS4. Document de référence | Dispositif de formation à la prévention des risques liés à l’amiante sous-section 4 (PDF - 2. 32 Mo)Certification des entreprises procédant au retrait et/ou à l’encapsulage d’amianteAFNOR CERTIFICATION, GLOBAL CERTIFICATION et QUALIBAT sont trois organismes certificateurs accrédités par le COFRAC pour procéder à la certification des entreprises réalisant le retrait et/ou l’encapsulage d’amiante. Cette certification est obligatoire pour toutes les opérations de retrait ou d’encapsulage d’amiante dont le dossier de consultation des entreprises est publié à compter du 1er juillet 2014.Au 1er juin 2024, on recense plus de 1 190 entreprises au moins au stade de la pré-certification, ventilées entre les trois organismes certificateurs précités :AFNOR CERTIFICATION ;GLOBAL CERTIFICATION ; QUALIBAT.Accréditation des organismes (air et matériaux dans le domaine de l’amiante)Les listes actualisées des organismes accrédités dans le domaine de l’amiante sont disponibles sur le site du COFRAC :Organismes accrédités pour la stratégie d’échantillonnage et le prélèvement des mesures environnementales – LAB REF 26 ;Organismes accrédités pour l’analyse des filtres issus des mesures environnementales -LAB REF 26 ;Organismes accrédités pour la stratégie d’échantillonnage, le prélèvement et l’analyse des mesures environnementales -LAB REF 26 | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
des travailleurs relevant de la SS4, l’INRS et l’OPPBTP proposent un dispositif volontaire de formation des formateurs SS4. Document de référence | Dispositif de formation à la prévention des risques liés à l’amiante sous-section 4 (PDF - 2. 32 Mo)Certification des entreprises procédant au retrait et/ou à l’encapsulage d’amianteAFNOR CERTIFICATION, GLOBAL CERTIFICATION et QUALIBAT sont trois organismes certificateurs accrédités par le COFRAC pour procéder à la certification des entreprises réalisant le retrait et/ou l’encapsulage d’amiante. Cette certification est obligatoire pour toutes les opérations de retrait ou d’encapsulage d’amiante dont le dossier de consultation des entreprises est publié à compter du 1er juillet 2014.Au 1er juin 2024, on recense plus de 1 190 entreprises au moins au stade de la pré-certification, ventilées entre les trois organismes certificateurs précités :AFNOR CERTIFICATION ;GLOBAL CERTIFICATION ; QUALIBAT.Accréditation des organismes (air et matériaux dans le domaine de l’amiante)Les listes actualisées des organismes accrédités dans le domaine de l’amiante sont disponibles sur le site du COFRAC :Organismes accrédités pour la stratégie d’échantillonnage et le prélèvement des mesures environnementales – LAB REF 26 ;Organismes accrédités pour l’analyse des filtres issus des mesures environnementales -LAB REF 26 ;Organismes accrédités pour la stratégie d’échantillonnage, le prélèvement et l’analyse des mesures environnementales -LAB REF 26 | 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66376564393865363735346338656433 | article101013 | 24 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Professionnalisation des acteurs de la filière amiante"
] | -LAB REF 26 ;Organismes accrédités pour la stratégie d’échantillonnage et le prélèvement des mesurages sur opérateurs – LAB REF 28 ;Organismes accrédités pour l’analyse des mesurages sur opérateurs – LAB REF 28 ;Organismes accrédités pour la stratégie d’échantillonnage, le prélèvement et l’analyse – LAB REF 28 ;Organismes accrédités pour les analyses de matériaux – LAB INF 44 et arrêté du 1er octobre 2019. | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
-LAB REF 26 ;Organismes accrédités pour la stratégie d’échantillonnage et le prélèvement des mesurages sur opérateurs – LAB REF 28 ;Organismes accrédités pour l’analyse des mesurages sur opérateurs – LAB REF 28 ;Organismes accrédités pour la stratégie d’échantillonnage, le prélèvement et l’analyse – LAB REF 28 ;Organismes accrédités pour les analyses de matériaux – LAB INF 44 et arrêté du 1er octobre 2019. | 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34306634363135373530333631623165 | article101013 | 25 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Connaissance des empoussièrements d'amiante et des techniques associées"
] | Synthèse des résultats des empoussièrements d’amiante dans la base SCOLA de l’INRSL’exploitation des données de la base SCOLA réalisée par l’INRS donne lieu à un rapport d’activité transmis à la DGT. Le dernier rapport en date présente les résultats des mesures d’empoussièrement aux fibres d’amiante effectuées par les organismes accrédités entre le 1er juillet 2012 et le 31 décembre 2023, saisies et validées dans la base SCOLA jusqu’au 27 mai 2024.Mesures d'exposition à l'amiante META | Rapport d'activités 2012-2023 | Extraction de la base de données SCOLA | INRS | Juin 2024. pdf (PDF - 854. 08 Ko)Ces mesures ont été réalisées dans le cadre des contrôles réglementaires d’exposition professionnelle à l’amiante par microscopie électronique à transmission analytique (META) selon les modalités définies par l’arrêté du 14 août 2012 modifié, en application du décret n° 2012-639 du 4 mai 2012 relatif aux risques d’exposition à l’amiante.Le nombre de résultats enregistrés sur la base SCOLA durant cette période et exploitables atteint 199 355 résultats. En outre, le nombre de processus caractérisés est en augmentation constante, atteignant ainsi 3021 processus sur cette période (2 380 en sous-section 3 et 641 en sous-section 4). La réparation de ces processus en fonction des niveaux d’empoussièrement de l’article R. 4412-98 du code du travail montre que leur nombre est en hausse pour le niveau 1 et en baisse ou stable dans les autres niveaux.Il est à souligner que depuis le 1er | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
Synthèse des résultats des empoussièrements d’amiante dans la base SCOLA de l’INRSL’exploitation des données de la base SCOLA réalisée par l’INRS donne lieu à un rapport d’activité transmis à la DGT. Le dernier rapport en date présente les résultats des mesures d’empoussièrement aux fibres d’amiante effectuées par les organismes accrédités entre le 1er juillet 2012 et le 31 décembre 2023, saisies et validées dans la base SCOLA jusqu’au 27 mai 2024.Mesures d'exposition à l'amiante META | Rapport d'activités 2012-2023 | Extraction de la base de données SCOLA | INRS | Juin 2024. pdf (PDF - 854. 08 Ko)Ces mesures ont été réalisées dans le cadre des contrôles réglementaires d’exposition professionnelle à l’amiante par microscopie électronique à transmission analytique (META) selon les modalités définies par l’arrêté du 14 août 2012 modifié, en application du décret n° 2012-639 du 4 mai 2012 relatif aux risques d’exposition à l’amiante.Le nombre de résultats enregistrés sur la base SCOLA durant cette période et exploitables atteint 199 355 résultats. En outre, le nombre de processus caractérisés est en augmentation constante, atteignant ainsi 3021 processus sur cette période (2 380 en sous-section 3 et 641 en sous-section 4). La réparation de ces processus en fonction des niveaux d’empoussièrement de l’article R. 4412-98 du code du travail montre que leur nombre est en hausse pour le niveau 1 et en baisse ou stable dans les autres niveaux.Il est à souligner que depuis le 1er | 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38326163393233633364303932636439 | article200159 | 1 | La ventilation : principes généraux | Travail-Emploi | travail-emploi | Les règles techniques générales de ventilation ou celles applicables à un type d'activité ou de polluant sont précisément décrites dans les guides de ventilation de l' Institut national de recherche et de sécurité (INRS) référencés à la fin de cette fiche. Il convient de s'y reporter préalablement à l’installation d’un dispositif de ventilation. Toute installation d'un système de captage , surtout si elle concerne l'ensemble d'un atelier, doit être confiée à un bureau d'étude spécialisé , à partir d'un cahier des charges spécifique, réalisé le cas échéant avec l'aide de la Caisse d'assurance retraite et de la santé au travail (CARSAT) . | 08/01/2009 | https://travail-emploi.gouv.fr/la-ventilation-principes-generaux | [
"Comment capter les polluants ?"
] | équipés d'un dispositif d'aspiration associé à l'outil de travail (torche aspirante dans le cas du soudage). Une réflexion sur la conception des capteurs doit être engagée avant la conception des réseaux d’aspiration chaque situation étant particulière.Trois facteurs sont essentiels pour le bon fonctionnement du capteur :son installation ;sa géométrie ;sa position.Placer le dispositif d'aspiration de telle sorte que l'opérateur ne se trouve pas situé dans le flux des polluantsLe travailleur est parfois placé dans le flux des polluants captés (cas des hottes aspirantes installées au dessus du poste de travail sur lequel le salarié est conduit à se pencher).Il faut privilégier : les captages du type « lèvres aspirantes » placées en bordure de cuve et à proximité de la zone d'émission (sur un bain de trempage par exemple).Quand l’opérateur est conduit à intervenir sur un objet de grande dimension ou de forme complexe, il est obligé d’en faire le tour pour le peindre ou le sabler par exemple.Ces opérations doivent être réalisées dans des cabines ventilées :Cabines fermées (à privilégier) avec flux de ventilation vertical (soufflage par le plafond, aspiration par le sol) permettant au salarié de ne pas se retrouver dans le flux des polluantsLe port du masque reste nécessaire.En cas d'intervention dans une fosse (peinture ou sablage des dessous de châssis d’un véhicule) utiliser une fosse ventilée.Pour la peinture de véhicules de très haute dimension, utiliser des | La ventilation : principes généraux
Les règles techniques générales de ventilation ou celles applicables à un type d'activité ou de polluant sont précisément décrites dans les guides de ventilation de l' Institut national de recherche et de sécurité (INRS) référencés à la fin de cette fiche. Il convient de s'y reporter préalablement à l’installation d’un dispositif de ventilation. Toute installation d'un système de captage , surtout si elle concerne l'ensemble d'un atelier, doit être confiée à un bureau d'étude spécialisé , à partir d'un cahier des charges spécifique, réalisé le cas échéant avec l'aide de la Caisse d'assurance retraite et de la santé au travail (CARSAT) .
équipés d'un dispositif d'aspiration associé à l'outil de travail (torche aspirante dans le cas du soudage). Une réflexion sur la conception des capteurs doit être engagée avant la conception des réseaux d’aspiration chaque situation étant particulière.Trois facteurs sont essentiels pour le bon fonctionnement du capteur :son installation ;sa géométrie ;sa position.Placer le dispositif d'aspiration de telle sorte que l'opérateur ne se trouve pas situé dans le flux des polluantsLe travailleur est parfois placé dans le flux des polluants captés (cas des hottes aspirantes installées au dessus du poste de travail sur lequel le salarié est conduit à se pencher).Il faut privilégier : les captages du type « lèvres aspirantes » placées en bordure de cuve et à proximité de la zone d'émission (sur un bain de trempage par exemple).Quand l’opérateur est conduit à intervenir sur un objet de grande dimension ou de forme complexe, il est obligé d’en faire le tour pour le peindre ou le sabler par exemple.Ces opérations doivent être réalisées dans des cabines ventilées :Cabines fermées (à privilégier) avec flux de ventilation vertical (soufflage par le plafond, aspiration par le sol) permettant au salarié de ne pas se retrouver dans le flux des polluantsLe port du masque reste nécessaire.En cas d'intervention dans une fosse (peinture ou sablage des dessous de châssis d’un véhicule) utiliser une fosse ventilée.Pour la peinture de véhicules de très haute dimension, utiliser des | 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|
63653530376366386439336339353536 | article101013 | 28 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Connaissance des empoussièrements d'amiante et des techniques associées"
] | NF X 46-010 - avril 2015 (PDF - 12. 64 Ko) | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
NF X 46-010 - avril 2015 (PDF - 12. 64 Ko) | 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35353466343431396639393266616338 | article101013 | 29 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"DEMAT@MIANTE : la plateforme de dématérialisation des plans de démolition, de retrait ou d’encapsulage d’amiante (PDRE)"
] | DEMAT@MIANTE est la plateforme centralisée pour la gestion dématérialisée des plans de démolition, retrait et d'encapsulage d’amiante (PDRE). Elle facilite ainsi leur élaboration, saisie et transmission par les entreprises certifiées de désamiantage aux agents de contrôle de l’inspection du travail, aux agents de prévention (CNAM, OPPBTP) et aux organismes certificateurs ainsi que la communication à ces derniers des éléments d’information permettant d’organiser leur opération de surveillance.La plateforme a été développée à droit constant, et s’appuie sur des textes réglementaires spécifiques organisant les conditions de sa généralisation à compter du 1er février 2023 avec le décret n° 2022-1748 du 30 décembre 2022 relatif à la plateforme de saisie et de transmission dématérialisée des plans de démolition, de retrait ou d'encapsulage d'amiante intitulée « DEMAT@MIANTE » et son arrêté d’application du 22 décembre 2022 relatif à la plateforme de saisie et de transmission dématérialisée des plans de démolition, de retrait ou d'encapsulage d'amiante ainsi que des avenants et informations s'y rapportant ainsi que de déclarations aux organismes certificateurs en vue de la programmation d'opérations de surveillance dite [email protected]@MIANTE a été développée pour répondre aux besoins des utilisateurs, aux enjeux du désamiantage, et avec l'objectif de simplifier les relations entre l’usager et l’administration. En outre, la plateforme s’inscrit plus largement dans une démarche | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
DEMAT@MIANTE est la plateforme centralisée pour la gestion dématérialisée des plans de démolition, retrait et d'encapsulage d’amiante (PDRE). Elle facilite ainsi leur élaboration, saisie et transmission par les entreprises certifiées de désamiantage aux agents de contrôle de l’inspection du travail, aux agents de prévention (CNAM, OPPBTP) et aux organismes certificateurs ainsi que la communication à ces derniers des éléments d’information permettant d’organiser leur opération de surveillance.La plateforme a été développée à droit constant, et s’appuie sur des textes réglementaires spécifiques organisant les conditions de sa généralisation à compter du 1er février 2023 avec le décret n° 2022-1748 du 30 décembre 2022 relatif à la plateforme de saisie et de transmission dématérialisée des plans de démolition, de retrait ou d'encapsulage d'amiante intitulée « DEMAT@MIANTE » et son arrêté d’application du 22 décembre 2022 relatif à la plateforme de saisie et de transmission dématérialisée des plans de démolition, de retrait ou d'encapsulage d'amiante ainsi que des avenants et informations s'y rapportant ainsi que de déclarations aux organismes certificateurs en vue de la programmation d'opérations de surveillance dite [email protected]@MIANTE a été développée pour répondre aux besoins des utilisateurs, aux enjeux du désamiantage, et avec l'objectif de simplifier les relations entre l’usager et l’administration. En outre, la plateforme s’inscrit plus largement dans une démarche | 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36646363333433373366336339356339 | article101013 | 30 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"DEMAT@MIANTE : la plateforme de dématérialisation des plans de démolition, de retrait ou d’encapsulage d’amiante (PDRE)"
] | dans une démarche permettant de répondre aux objectifs de la politique publique de prévention des risques professionnels liés à l’exposition aux fibres d’amiante (suivi des opérations de désamiantage sur le territoire national, recueil de données pour orienter les évolutions réglementaires).La Direction générale du travail a ainsi coconstruit un outil avec et pour les entreprises certifiées, les organismes certificateurs, les organismes de prévention et l’inspection du travail.Après un déploiement progressif de la plateforme à partir de septembre 2021, la saisie et la transmission des PDRE via DEMAT@MIANTE ainsi que la communication des informations à destination des organismes certificateurs sont obligatoires depuis le 1er février 2023 sur l’ensemble du territoire national.Objectifs clésFaciliter l’élaboration des PDRE grâce à l'aide à la saisie pour les entreprises certifiées et leur lecture par les agents de contrôle et de prévention comme par les organismes certificateurs ;Simplifier la transmission des PDRE par les entreprises certifiées et assurer leur réception par les destinataires réglementaires et les organismes certificateurs grâce à la transmission en un clic ;Simplifier la saisie et la transmission des déclarations à destination des organismes certificateurs, nécessaires à leurs opérations de surveillance ;Sécuriser la transmission des PDRE avec une preuve de dépôt et de réception par les services territorialement compétents grâce au zonage du lieu de | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
dans une démarche permettant de répondre aux objectifs de la politique publique de prévention des risques professionnels liés à l’exposition aux fibres d’amiante (suivi des opérations de désamiantage sur le territoire national, recueil de données pour orienter les évolutions réglementaires).La Direction générale du travail a ainsi coconstruit un outil avec et pour les entreprises certifiées, les organismes certificateurs, les organismes de prévention et l’inspection du travail.Après un déploiement progressif de la plateforme à partir de septembre 2021, la saisie et la transmission des PDRE via DEMAT@MIANTE ainsi que la communication des informations à destination des organismes certificateurs sont obligatoires depuis le 1er février 2023 sur l’ensemble du territoire national.Objectifs clésFaciliter l’élaboration des PDRE grâce à l'aide à la saisie pour les entreprises certifiées et leur lecture par les agents de contrôle et de prévention comme par les organismes certificateurs ;Simplifier la transmission des PDRE par les entreprises certifiées et assurer leur réception par les destinataires réglementaires et les organismes certificateurs grâce à la transmission en un clic ;Simplifier la saisie et la transmission des déclarations à destination des organismes certificateurs, nécessaires à leurs opérations de surveillance ;Sécuriser la transmission des PDRE avec une preuve de dépôt et de réception par les services territorialement compétents grâce au zonage du lieu de | 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38333939666163306364346664346239 | article101013 | 31 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"DEMAT@MIANTE : la plateforme de dématérialisation des plans de démolition, de retrait ou d’encapsulage d’amiante (PDRE)"
] | zonage du lieu de l'opération ;Orienter la prévention et améliorer la reconnaissance médico-sociale des pathologies liées à une exposition à l’amiante grâce à l’exploitation des données disponibles et pour assurer le suivi des opérations du désamiantage afin d’évaluer notamment les besoins d’évolution réglementaire.Pour en savoir plusConnexion au portail DEMAT@MIANTETutoriels en lignePage d’assistance de DEMAT@MIANTEGuide utilisateur de DEMAT@MIANTE (PDF - 373. 89 Ko) | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
zonage du lieu de l'opération ;Orienter la prévention et améliorer la reconnaissance médico-sociale des pathologies liées à une exposition à l’amiante grâce à l’exploitation des données disponibles et pour assurer le suivi des opérations du désamiantage afin d’évaluer notamment les besoins d’évolution réglementaire.Pour en savoir plusConnexion au portail DEMAT@MIANTETutoriels en lignePage d’assistance de DEMAT@MIANTEGuide utilisateur de DEMAT@MIANTE (PDF - 373. 89 Ko) | 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62616537393737646336383962313463 | article101013 | 32 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Accompagnement à la mise en œuvre de la réglementation"
] | Outils pratiques pour accompagner les professionnels concernés par l’amianteLa DREETS et la CARSAT Pays de la Loire proposent un outil d’auto-évaluation à destination des donneurs d’ordre d’une opération exposant ou susceptible d’exposer à l’amiante (sous-section 3 et/ou sous-section 4). Ce support d’auto-évaluation interactif ou imprimable permet aux donneurs d’ordre de ces opérations de vérifier la complétude des prérequis avant d’engager leur réalisation.La DREETS et la CARSAT Pays de la Loire proposent un outil d’auto-évaluation à destination des employeurs réalisant des interventions amiante dites de « SS4 », intitulé « organiser son intervention en SS4 ». Cet outil a pour objectif de leur permettre de vérifier la complétude des prérequis au préalable de chaque intervention amiante, et peut être renseigné sous deux formats différents (papier et dématérialisé). Cet outil s’accompagne d’une vidéo de présentation et d’aide à son utilisation (consultable sur le site de la DREETS Pays de la Loire en-dehors des horaires classiques de travail).Consultez le guide de prévention INRS ED6367 Amiante : définir le niveau d’empoussièrement d’un processus "sous-section 3" qui s’adresse aux entreprises de traitement de l’amiante en " sous-section 3 " (opérations de retrait ou d’encapsulage de matériaux).Cette plaquette, réalisée par la DIRECCTE GRAND EST a réalisé une plaquette explicitant notamment les obligations en matière de gestion et d’élimination des déchets amiante pesant sur | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
Outils pratiques pour accompagner les professionnels concernés par l’amianteLa DREETS et la CARSAT Pays de la Loire proposent un outil d’auto-évaluation à destination des donneurs d’ordre d’une opération exposant ou susceptible d’exposer à l’amiante (sous-section 3 et/ou sous-section 4). Ce support d’auto-évaluation interactif ou imprimable permet aux donneurs d’ordre de ces opérations de vérifier la complétude des prérequis avant d’engager leur réalisation.La DREETS et la CARSAT Pays de la Loire proposent un outil d’auto-évaluation à destination des employeurs réalisant des interventions amiante dites de « SS4 », intitulé « organiser son intervention en SS4 ». Cet outil a pour objectif de leur permettre de vérifier la complétude des prérequis au préalable de chaque intervention amiante, et peut être renseigné sous deux formats différents (papier et dématérialisé). Cet outil s’accompagne d’une vidéo de présentation et d’aide à son utilisation (consultable sur le site de la DREETS Pays de la Loire en-dehors des horaires classiques de travail).Consultez le guide de prévention INRS ED6367 Amiante : définir le niveau d’empoussièrement d’un processus "sous-section 3" qui s’adresse aux entreprises de traitement de l’amiante en " sous-section 3 " (opérations de retrait ou d’encapsulage de matériaux).Cette plaquette, réalisée par la DIRECCTE GRAND EST a réalisé une plaquette explicitant notamment les obligations en matière de gestion et d’élimination des déchets amiante pesant sur | 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39643032323134396132386238303939 | article101013 | 33 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Accompagnement à la mise en œuvre de la réglementation"
] | amiante pesant sur les entreprises prenant en charge des opérations relevant du champ de l’article R. 4412-94 du code du travail (travaux de retrait ou d’encapsulage « SS3 » ou interventions susceptibles d’exposer aux fibres d’amiante « SS4 », y compris s’agissant des salariés de l’installation de stockage de déchets).Ce document n’aborde pas les obligations pesant spécifiquement sur le donneur d’ordre de l’opération, qu’il s’agisse d’un professionnel ou d’un particulier. Pour mémoire, ce dernier, en sa qualité de producteur des déchets au sens du code de l’environnement, est effectivement personnellement tenu de s’assurer d’une élimination des déchets produits lors de son opération (à l’exception des consommables – type combinaisons jetables ou filtres – utilisés lors des travaux, dont la gestion et l’élimination incombe à l’entreprise missionnée), conformément à la réglementation en vigueur.L’établissement de plusieurs documents, réglementairement prévus (certificat d’acceptation préalable des déchets par l’installation de traitement des déchets pressentie, bordereau de suivi des déchets d’amiante remplis par les différents protagonistes de l’opération : entreprises ayant réalisé les travaux, collecteur /transporteur et responsable de l’installation de traitement), participent notamment au respect de cette obligation mise à la charge du donneur d’ordre.Dépliant_déchetterie_amiante_direccte_grand-est_juillet_2020 (PDF - 2. 63 Mo)La DREETS et la CARSAT Pays de la Loire | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
amiante pesant sur les entreprises prenant en charge des opérations relevant du champ de l’article R. 4412-94 du code du travail (travaux de retrait ou d’encapsulage « SS3 » ou interventions susceptibles d’exposer aux fibres d’amiante « SS4 », y compris s’agissant des salariés de l’installation de stockage de déchets).Ce document n’aborde pas les obligations pesant spécifiquement sur le donneur d’ordre de l’opération, qu’il s’agisse d’un professionnel ou d’un particulier. Pour mémoire, ce dernier, en sa qualité de producteur des déchets au sens du code de l’environnement, est effectivement personnellement tenu de s’assurer d’une élimination des déchets produits lors de son opération (à l’exception des consommables – type combinaisons jetables ou filtres – utilisés lors des travaux, dont la gestion et l’élimination incombe à l’entreprise missionnée), conformément à la réglementation en vigueur.L’établissement de plusieurs documents, réglementairement prévus (certificat d’acceptation préalable des déchets par l’installation de traitement des déchets pressentie, bordereau de suivi des déchets d’amiante remplis par les différents protagonistes de l’opération : entreprises ayant réalisé les travaux, collecteur /transporteur et responsable de l’installation de traitement), participent notamment au respect de cette obligation mise à la charge du donneur d’ordre.Dépliant_déchetterie_amiante_direccte_grand-est_juillet_2020 (PDF - 2. 63 Mo)La DREETS et la CARSAT Pays de la Loire | 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39333532363834323662663637613131 | article101013 | 35 | La prévention des risques liés à l'amiante | Travail-Emploi | travail-emploi | L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée. | 16/12/2024 | https://travail-emploi.gouv.fr/la-prevention-des-risques-lies-lamiante | [
"Accompagnement à la mise en œuvre de la réglementation"
] | outil a aussi pour objectif d’aider les donneurs d’ordres et les préventeurs à la vérification des modes opératoires.Dans le cadre d’une mobilisation partenariale de la DREETS des Pays de la Loire, de la CARSAT Pays de la Loire, et des services de santé au travail du bassin de Saint-Nazaire (GIST) et du nord-ouest Vendéen (SMINOV), une action d’information et de sensibilisation des petites entreprises du second œuvre du bâtiment et de leurs salariés est mise en œuvre afin d’améliorer la prévention primaire des pathologies liées à l’exposition à l’amiante dans ce secteur. Des dépliants d’appui sont réalisés en direction des cibles qui sont sensibilisées lors d’ateliers employeurs ou lors des entretiens infirmiers avec les salariés.Les premières cibles sont :Les plombiers chauffagistesLes couvreurs - zingueurs - isolationLes maçons - carreleursLes peintresLes électriciensLa maintenanceLes travaux d’entretien et de rénovation chez les particuliers peuvent être source d’exposition à l’amiante. Ce minéral a été intégré durant des années dans la composition d’un grand nombre de matériaux utilisés pour la construction des logements d’habitation ou de nombreux bâtiments.La DREETS Pays de la Loire a élaboré une brochure d’information présentant la méthodologie à adopter par le particulier effectuant des travaux, ainsi qu’un dépliant et une affiche de sensibilisation, s’adressent donc tout particulièrement aux propriétaires comme aux locataires, qui envisagent de faire des travaux de | La prévention des risques liés à l'amiante
L'amiante constitue un sujet de santé publique réglementé de manière strict en France. Interdit en 1997, l'amiante est hautement toxique . Les fibres d’amiante sont microscopiques, invisibles dans les poussières de l’atmosphère, et leur inhalation provoquent des maladies respiratoires graves et ce, même après de faibles expositions. La répétition de l’exposition augmente considérablement la probabilité de maladie et les effets sur la santé d’une exposition à l’amiante surviennent souvent plusieurs années après le début de l’exposition. Depuis 2012 , la réglementation de prévention des risques professionnels liés à l’amiante a été entièrement révisée.
outil a aussi pour objectif d’aider les donneurs d’ordres et les préventeurs à la vérification des modes opératoires.Dans le cadre d’une mobilisation partenariale de la DREETS des Pays de la Loire, de la CARSAT Pays de la Loire, et des services de santé au travail du bassin de Saint-Nazaire (GIST) et du nord-ouest Vendéen (SMINOV), une action d’information et de sensibilisation des petites entreprises du second œuvre du bâtiment et de leurs salariés est mise en œuvre afin d’améliorer la prévention primaire des pathologies liées à l’exposition à l’amiante dans ce secteur. Des dépliants d’appui sont réalisés en direction des cibles qui sont sensibilisées lors d’ateliers employeurs ou lors des entretiens infirmiers avec les salariés.Les premières cibles sont :Les plombiers chauffagistesLes couvreurs - zingueurs - isolationLes maçons - carreleursLes peintresLes électriciensLa maintenanceLes travaux d’entretien et de rénovation chez les particuliers peuvent être source d’exposition à l’amiante. Ce minéral a été intégré durant des années dans la composition d’un grand nombre de matériaux utilisés pour la construction des logements d’habitation ou de nombreux bâtiments.La DREETS Pays de la Loire a élaboré une brochure d’information présentant la méthodologie à adopter par le particulier effectuant des travaux, ainsi qu’un dépliant et une affiche de sensibilisation, s’adressent donc tout particulièrement aux propriétaires comme aux locataires, qui envisagent de faire des travaux de | 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