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Summary
Application of Council Directive 93 /104/EC of 23 November 1993 on certain aspects of the organisation of working time. Decree 2000-815 of 25 August 2000 on the development and reduction of working time In the public service of the State lays down the provisions concerning the duration and organisation of work in the public service of the Etat.It specifies in this regard (Article 3-I) the minimum guarantees to be complied with in the organisation of the Work, in particular in terms of maximum daily and weekly working hours and in terms of daily and weekly rest periods, but provides (Article 3-II-a) of the possibilities for derogations from the rules thus laid down, in particular, "Where the subject matter of the public service in question requires it on an ongoing basis, in particular for the protection of persons and property ...".The reasons for proposing derogations from the minimalesThe Caisse des Depots has been endowed with Many years, of a security service in which staff are called upon to carry out their tasks with a view to guaranteeing the security of persons and property on an ongoing basis. Monitoring of the sensitive points, the operation and management of alarms, the operation of computer systems for the management of security installations, the personnel of the security service are responsible for operational tasks The nature of this activity necessitates an adaptation of the minimum guarantees laid down in Article 3-I of the aforementioned decree. Whose organisation of work leads, for each guard of twenty four hours to a minimum of forty eight consecutive hours, shall be granted a duty allowance, the terms and the amount of which shall be fixed by joint order of the The Minister responsible for the Public Service, the Minister responsible for the budget and the Director General of the Caisse des Deposits and Consignations. The counting of the working time of the staff concerned shall be, in accordance with the provisions of Article 1 (paragraph The content of the Decree-Article 1 sets out the minimum guarantees to which the Caisse des Depots proposes that it be waived in order to allow the To continue to carry out their duties under the current conditions: these derogations relate to weekly and daily hours of work and daily rest. In accordance with the amendment proposed by the Administration at the time of The examination of this Decree by the Higher Council of the Public Service of the State, it is, however, intended to limit this provision to staff in office on 1 January 2002. This measure puts, in effect, this system of work in the process of being extinguished, while at the same time ensuring the necessary transition to the establishment of new ways of organizing Labour. Consideration for which stakeholders would benefit.
Keywords
ECONOMY , FINANCE , CASH REGISTER AND LOGGER , CDC , STAFF , CHANGE IN WORKING TIME , WORKING TIME , ARTT , REDUCTION OF WORKING TIME , RTT , THIRTY-FIVE HOURS , ORGANISATION OF WORKING TIME , WORK DAY , REST , MINIMUM REST , WEEKLY WORKING WEEK , DEROGATION , MINIMUM WARRANTY , TRANSPOSITION OF DIRECTIVE THIS
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JORF No. 46 of 23 February 2002 Page 3470
Text N ° 2
Decree n ° 2002-237 of 20 February 2002 on derogations from the minimum guarantees of working hours and rest periods applicable to the staff of the Caisse des depots et consignations NOR: ECOP0200104D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/2/20/ECOP0200104D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/2/20/2002-237/jo/texte
The Prime Minister,
On the report of the Minister of Economy, Finance and Industry and the Minister of the Public Service and the Reform of The State,
Having regard to Council Directive 93 /104/EC of 23 November 1993 on certain aspects of the organisation of working time;
Having regard to Decree No. 98-596 of 13 July 1998 on the conditions for the recruitment of contract agents under the The system of collective agreements by the Caisse des depots et consignations et aux Instances de concertation peculiar to this institution;
Having regard to Decree No. 2000-815 of 25 August 2000 on the development and reduction of working time in The Public Service of the State;
In view of the opinion of the Joint Committee on Health and Central Safety of the Caisse des Depots et Consignations dated 9 October 2001;
In view of the opinion of the Joint Joint Committee of the Caisse des Depots et Records as of October 15, 2001;
In view of the opinion of the Senior Council of the Public Service of the State dated 25 October 2001;
The Council of State (Finance Section) heard,
Describes:
Item 1
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For the organization of the staff time periods of the Caisse des depots et consignations which, recruited before 1 January 2002 and in service on that date, perform the duties of security officer According to a 24-hour guard system, the minimum guarantees referred to in Article 3 of the decree of 25 August 2000 referred to above are derogated from, under the following conditions:
(a) The weekly working hours of the May be extended to seventy-two hours, subject to an average duration of forty-four hours over any period of twelve consecutive weeks;
(b) The daily duration of the work may be extended to 24 hours without minimum rest.
Item 2
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In return for the hardship resulting from Article 1, security guards, who have a minimum rest period of forty-eight consecutive hours after each guard, receive a duty allowance The terms and conditions of the grant and the amount shall be fixed by joint decree of the minister responsible for the public service, the minister responsible for the budget and the director general of the Caisse des depot et consignations.
Item 3
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The Minister of Economy, Finance and Industry, the Minister for Public Service and State Reform and the Secretary of State for the Budget are responsible, as far as they are concerned, for the implementation This Decree shall be published in the Official Journal of the French Republic.
Done at Paris, February 20, 2002.
Lionel Jospin
By the Prime Minister:
The Minister of Economy,
Finance and Industry,
Laurent Fabius
Public Service Minister
and State Reform,
Michel Sapin
Secretary of State for Budget,
Florence Parly
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