Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Finance and Industry, Minister of Equipment, Transport and Housing and the Minister for Public Service and State Reform,
In view of Council Directive 93 /104/EC of 23 November 1993 on certain aspects of the organisation of working time;
In view of Decree No. 2000-815 of 25 August 2000 Relating to the development and reduction of working time in the public service of the State, in particular Article 3;
In view of the opinion of the Central Health and Safety Committee of 5 September 2001;
In view of the opinion of the Technical Committee Ministerial joint as of 20 September 2001;
Having regard to the opinion of the State Civil Service Council of 4 December 2001;
The Conseil d' Etat (Finance Section) heard,
Describes:
For activities carried out in accordance with an organisation of the scheduled work, intended to ensure continuity of service and whose schedules are first agreed at the level of each service, the minimum guarantees of Work and rest fixed in the I of Article 3 of the Decree of 25 August 2000 referred to in the conditions mentioned in Articles 2 to 6 of this Decree.
For the care and supervision of infrastructure and equipment for road, river and maritime transport, the daily duration of actual work can be up to 12 hours and the duration of continuous daily rest Can be reduced to 9 hours.
In the case of activities organised in three successive teams over a period of 24 Hours, when the agent changes team to perform a replacement, the duration of continuous daily rest may be reduced within 11 hours without the officer being able to work for two consecutive vacations, and respecting one Minimum rest of 7 hours between each shift.
For activities characterised by periods of work The daily amplitude of the work day can be up to 15 hours and the length of continuous daily rest can be reduced to 9 hours.
In the case of the works listed in this article which must be executed within a specified time due to their nature :
a) Viability of traffic lanes and waterways during winter;
(b) Maintenance and maintenance of works at sea or in contact with water in ports;
(c) Signage and marking work Traffic lanes, waterways and waterways;
d) Management of hydraulic structures;
e) Monitoring of civil engineering sites under heavy technical, traffic or operational constraints,
the daily life of Effective work can be up to 12 hours.
The continuous daily rest period can be reduced to 9 hours and the daily amplitude of the working day can be up to 15 hours.
For the activities mentioned in a, b and d, the duration Maximum work week can be up to 60 hours in an isolated week, respecting the 44-hour average over a 12-week period.
For the exploitation of the works justifying a work cycle related to the rhythm of the tides:
-the continuous rest period between two tidal-related vacations cannot be lower At 7 h 30;
-a minimum recovery of 35 hours is due after any successive cycle of tidal-related vacations between 4 and 6 consecutive vacations. The number of vacancies shall be determined by the Head of Service in accordance with local circumstances. The service jack is delayed accordingly;
-the minimum guaranteed workday magnitude guarantee is not applicable.
As part of the scheduled work organisation and in compensation for the daily working time, appropriate breaks are arranged within the working period.
Agents benefit, the case Financial compensation provided for by the compensation plan applicable to them
A random action is an action intended to respond to an uncertain or unpredictable event, occurring suddenly, that requires action Immediately necessary to ensure the continuity of service or the protection of persons and goods.
Random interventions, particularly during periodic penalty periods, may give rise to derogations from the minimum guarantees provided for in the I Article 3 of the aforementioned decree of 25 August 2000, in accordance with the conditions laid down in Articles 9 and 10 of this Decree.
In the case of random work orders, the minimum daily rest of 11 hours can be interrupted or reduced.
If at the end of the random intervention, it is found that the agent has had only a continuous daily rest less than or equal to 7 Hours, the person concerned shall be placed in recovery at the end of that intervention or the last of the interventions made prior to the resumption of the service for a period of 11 consecutive hours. The following service is deferred accordingly.
When in the same week, and if it has not benefited from the compensation referred to in the second paragraph, an agent is required to reduce for the second time its continuous daily rest below At 9 o'clock, he is placed in a resting place at the end of his last intervention for a period of 11 consecutive hours. The following service outlet is delayed accordingly.
If the duration of random work orders in the same period between 22 hours and 7 hours is longer than 4 hours and the agent has not received continuous daily rest from 11 Hours, the agent is also quiesced after its last work order for a period of 11 consecutive hours.
In the case of random work orders, the weekly minimum rest can be interrupted or reduced under the following conditions:
When the continuous weekly rest previously observed at a work order is less At 24 hours, the agent is placed in a resting state for a further period of 35 consecutive hours following the outcome of the intervention
Enhanced action is an unscheduled intensive intervention required by an applicant event, particularly in the context of Civil protection, the mobilisation of all intervention personnel and, for a limited period of time, the need for such staff to be exceeded for normal working hours.
Enhanced actions may result in Derogations from the minimum guarantees provided for in Article 3 of the Decree of 25 August 2000 laid down in the conditions laid down in Articles 12 and 13 of this Decree.
Within the framework of enhanced actions, agents may remain for a maximum period of 72 hours at the permanent disposal of the hierarchical authority subject to rest Continuous daily newspapers which cannot be less than, in increments of 24 hours, at 7 hours during the first tranche, 8 hours during the second tranche and 9 hours during the third instalment.
The duration of the weekly work may not exceed 60 hours. Hours per period of seven consecutive days including the period of implementation of the enhanced action, in accordance with the 44-hour average over a twelve consecutive week period.
The agent participating in enhanced action during a period with three continuous and continuous daily rest periods of less than 27 Hours is placed in recuperative rest at the end of its last intervention, for 35 consecutive hours
For monitoring, policing, maritime control and assistance missions, during periods The maximum effective working time can be up to 14 hours per day of embarkation.
The Daily rest time, at sea, may not be less than 10 hours, of which at least 6 consecutive hours. The agent on board a marine business unit benefits from a shore rest at the end of boarding, at least equal to the number of boarding days.
In the event of the need to complete a current check, the durations mentioned in Articles 14 and 15 above may be exceeded.
The Minister of Economy, Finance and Industry, the Minister of Equipment, Transportation and Housing, the Minister of the Public Service and The reform of the State and the Secretary of State for the budget are responsible, each as far as it is concerned, for the implementation of this Decree, which will be published in the Official Journal of the French Republic
Done at Paris, February 22, 2002.
Lionel Jospin
By the Prime Minister:
The Minister of Equipment,
des transports et du logement,
Jean-Claude Gayssot
Minister of the Economy,
Finance and Industry,
Laurent Fabius
The Minister of the Public Service
and the Reform of State,
Michel Sapin
Budget Secretary,
Florence Parly
