The provisions of this Title apply to private-law employers and their employees.
They also apply to
1° Public industrial and commercial establishments ;
2° Public administrative establishments when they employ staff under private law.
For the application of this Title, the number of employees and the crossing of the threshold are determined in accordance with the procedures set out in I of article L. 130-1 of the Social Security Code.
A Conseil d’Etat decree determines the conditions under which the provisions of this Title are applicable to public companies and national companies unable to conclude a collective labour agreement mentioned in article L. 3312-5 of this Code.