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Decree No. 2002-450 2 April 2002 On Preventive Provisions Applicable To Officials Of The National Institute Of Archaeological Research

Original Language Title: Décret n° 2002-450 du 2 avril 2002 portant dispositions applicables aux agents de l'Institut national de recherches archéologiques préventives

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  • Order of 2 April 2002 fixing the indicidal installment of the different categories of personnel of the National Institute for Preventive Archaeological Research
  • Decree No. 2004-235 of 16 March 2004 fixing the Compensation plan for off-stream and off-stream employment of the National Institute for Preventive Archaeological
  • Abstract


    Application of Art. 4 of the Act 2001-44 of 17-01-2001.The purpose of this Decree is to lay down the statutory provisions applicable to contract staff recruited and managed by the National Institute for Preventive Archaeological Research. Takes over the staff of the association for the national archaeological excavations which has so far been entrusted with the task of carrying out the work of preventive archaeology on behalf of the State. Establishment is created by Law 2001-44 of 17 January 2001 In relation to preventive archaeology which provides for the last paragraph of Article 4 that " permanent posts of the public establishment shall be filled by contract staff. The status of the staff of the establishment shall be governed by the decree made pursuant to Article 7 of Law 84-16 of 11 January 1984 laying down statutory provisions applicable to the public service of State and a particular decree." It is this particular decree which is presented. This decree is based on the provisions applicable to civil servants performing similar functions, while taking into account some of the provisions of the current association agreement National archaeological digs, and introduces provisions that take into account the specific missions of the institution. The future establishment will consist of approximately 1400 permanent staff with a variable number (estimated at 150 in Average) of fixed-term contract agents whose recruitment will respond to the variation in the rate of preventive archaeology prescribed by the State. Most of these staff (approximately 1200) are scientists and Technicians in the field of archaeology who are responsible for driving and operating the excavations and then analysing the results of the data collected during the archaeological excavations, as required in liaison with research organisations. The main originalities of these functions are the fact that they require some mobility: most often, the archaeologist does not work in his administrative residence of assignment, but on yards, so he can be called to Temporarily intervene in any place in the national territory. This characteristic is an essential constraint in the activity and management of the institution and its staff. A second specificity relates to the importance of the links between the Institute's scientific staff and the rest of the community This Order has been drafted with the concern, on the one hand, to offer a number of statutory guarantees to the agents and, on the other hand, to allow the management of the It is divided into ten titles that describe the main stages of the career of officers of the National Institute for Preventive Archaeological Research and provide for provisions Titles II to VII shall specify the general provisions applicable to staff recruited on an open-ended contract for the permanent employment of the institution, Title VIII Those applicable to agents under fixed-term contracts, Title IX specifies the provisions relating to officers performing managerial or expert functions, assessment or control with management, in respect of Title X, Presents the provisions that allow the integration of the Association's staff for national archaeological digs into the future establishment.Permanent staff are divided into two streams (one administrative and one Science and technology sector), each with five categories. In addition, non-sector and non-sector staff who are subject to specific provisions, as explained in the IX.The definition of the scientific and technical sector and its categories, take account of the characteristics of the Team work specific to the conduct of preventive archaeology operations. Careers will be between 24 and 30 years. The time spent in each step varies from one to four years, and recruitment is open to external candidates and internal candidates. All applications are reviewed by a recruitment board, which may include qualified persons outside the institution. The recruitment of staff in the scientific and technical field has two special features: the competent recruitment committee comprises a majority of persons qualified in preventive archaeology, and recruitment is the subject of a Opinion of the Scientific Council of the Institute. Although external recruitment is favoured (planned for at least 50 % of the jobs to be filled), three sets of provisions are provided for in order to promote the career development of the agents. Some of the posts are open to internal recruitment (from 30 % to at least 50 % of the posts to be filled), they are divided between two thirds of the posts for the benefit of the officers who meet the conditions of qualifications and five years And, on the other hand, the balance for the benefit of the agents who benefit from the promotions of the choice which may take place after the opinion of the Joint Consultative Commission and possibly of the Scientific Council. The recruitment commission may, however, propose to postpone jobs open to one of the paths (internal or external) to the other, without the proportion of one of the two lanes being less than 30 %.Furthermore, all the agents May benefit from reductions in the period of progress. Candidates are classified at the 1st echelon of their category. However, in the case of the first recruitment on an open-ended contract, the professional experience of the candidate may be taken into account in order to reclassify it to a higher level. This provision must allow the recruitment of staff with specific skills that are sometimes difficult to find in the labour market (construction drivers, security engineers, etc.). ). However, the proposed classification cannot go beyond the middle of the index grid. For those who were agents of the establishment, the proposed classification cannot, of course, lead to a decrease in remuneration.The scale of remuneration is provided for by order. The same applies to the index marks applicable to non-sector and non-industrial staff. Specific provisions are foreseen for the organisation of scientific and technical activities (Title V): - scientific staff and Techniques are subject to a principle of geographical mobility, - the whole of the sector is intended to participate in scientific activities, in particular within the framework of the teams formed around archaeological projects, - a leave for Paid research personnel must enable the agents who spend most of their activity on the ground, to continue the research they have undertaken and to link to the scientific programs of the The establishment and an interest in the institution, and the officers of the institution may be made available, such as government officials. This provision is limited to three years and is renewable within the six-year limit. It should essentially make it possible for research bodies of the staff of the institute to be made available within the framework of cooperation agreements, the principle of which is laid down in the law of 17 January 2001.Furthermore, the leave for Personal suitability, which is only provided for a maximum period of 11 months by the provisions of Decree 86-83 of 17 January 1986 applicable to non-incumbent agents, shall be extended to three years renewable within the limit of six years for all Career of the agent, as for government officials. It is part of the tradition of the profession of archaeologist by encouraging the occasional or longer-term participation of certain scientific personnel in archaeological projects conducted by other organizations. The establishment may exploit or publish the work produced by the agents in the context of their work. Finally, a joint advisory committee is set up for each of the two streams. It will be consulted on the main individual provisions which are mentioned in the decree. This Decree provides for the possibility of using term staff (Title VIII). Due to overcrowding in some construction sites, either for needs that would not be provided by institutional staff, or as part of the institution's contribution to research training. Decree provides for a maximum period of ten months, including renewal, in accordance with the provisions of Article 7 of Decree 86-83 of 17 January 1986 on provisions applicable to non-holding agents. Three years renewable within the six-year limit. This possibility should enable the Institute to meet certain medium-term needs for which the staff of the institution would not meet the required qualifications and to host a post-graduate degree for the Research training. In the event that the need becomes sustainable the establishment would recruit such persons on an indefinite contract. Title IX lays down specific provisions for management staff or for specific functions of expertise, Evaluation, coordination and control. Directorates are the administrative or scientific directorates at the headquarters of the institution and the regional or inter-regional directorates. The functions of expertise, evaluation and control are those which require a high level of qualification (legal expertise, job site safety, etc.) From 20 to 30 people should be recruited. These agents will not be classified either in a specific sector or a fortiori in a category. They may be recruited from outside the institution or from category 5 agents. There are provisions for reclassification when they no longer perform such functions. Finally, this Decree lays down transitional provisions relating to the integration of the staff of the association for national archaeological excavations. In particular in the areas of classification (sector, category and level), remuneration, actual services and leave, and the specific case of fixed-term contracts and staff of management and expertise

    Keywords

    CULTURE, RESEARCH, ENVIRONMENT, ENVIRONMENTAL PROTECTION , ARCHEOLOGY, ARCHEOLOGICAL RESEARCH, NATIONAL INSTITUTE FOR ARCHEOLOGICAL RESEARCH PREVENTIVES, EPA, STATUS , OFFICER, RECRUITMENT, ADMINISTRATIVE, WATERMARK, SCIENTIFIC AND TECHNICAL, ADVANCEMENT , CAREER IMPROVEMENT, CATEGORY, ECHELON, CLASSIFICATION, REMUNERATION, MANAGEMENT, ORGANIZATION, A CTIVITE SCIENCE, CONTRACT HAS BEEN DETERMINED, CDD, RECRUITMENT NON-FILIERE RECRUITMENT OUTSIDE CATEGORY

    Later Links




    JORF No. 79 of April 4, 2002 page 5934
    text No. 71




    Order No. 2002-450 dated April 2, 2002, applicable to agents of the National Institute for Preventive Archaeological Research

    NOR: MCCB0200119D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/4/2/MCCB0200119D/jo/texte
    Alias: Https://www.legifrance.gouv.fr/eli/decret/2002/4/2/2002-450/jo/texte


    The Prime Minister,
    On the report of the Minister of Economy, Finance and The Minister of Culture and Communication, the Minister for Public Service and the Reform of the State and the Minister of Research,
    In the light of Law No. 83-634 of 13 July 1983 as amended bearing the rights and obligations of the Act No. 84-16 of 11 January 1984 amending the statutory provisions relating to the civil service of the State;
    Having regard to Act No. 2001-44 of 17 January 2001 on preventive archaeology, as amended by Act No. 2001-1276 of 28 December 2001, and in particular Article 4 thereof;
    Having regard to Decree No 86-83 of 17 January 1986 concerning general provisions applicable to non-State agents of the State taken for the purposes of the application of Article 7 of Act No. 84-16 On 11 January 1984 laying down statutory provisions relating to the public service of the State;
    Having regard to Decree No. 2002-90 of 16 January 2002 on the statute of the National Institute for Preventive Archaeological Research;
    The Council of State (finance section) heard,
    Describes:

    • TITLE I: GENERAL Item 1


      Agents The National Institute for Preventive Archaeological Research shall be governed by the provisions of the aforementioned Decree of 17 January 1986, subject to the provisions of this Decree.
      These officers shall be recruited by contract of indefinite duration for To meet the permanent needs of the institution.
      The institution may also recruit officers on a fixed-term contract, under the conditions set out in Title VIII of this Order.
      Agents who perform functions of Management or specific functions of expertise, evaluation, coordination and control, the list of which is adopted by the Management Board on the proposal of the Director General, shall be the subject of special provisions laid down in Title IX of the This Order.

      Article 2


      For the purpose of performing their duties, the officers of the institution are assigned to a residence Administrative

    • TITLE II GENERAL TERMS OF EMPLOYMENT, RECRUITMENT AND CLASSIFICATION
      • Chapter I: Jobs Article 3


        Officers of the National Institute for Preventive Archaeological Research, other than those mentioned in the last paragraph of Article 1 of this Decree, shall be recruited either in an administrative stream or in a Scientific and technical sector.
        the scientific and technical field, the agents involved in the scientific purpose of the projects and operations of preventive archaeology are involved. They are engaged in trades related to the collection and operation of archaeological data. This category includes trades that allow for the preparation and detection, diagnosis, excavation, documentary or scientific study of archaeological sites and data, as well as trades using the Data collection and exploitation techniques and knowledge of the archiving, processing and dissemination of the results of studies and research.
        The administrative staff responsible for the management, the organisation And the implementation of the establishment's activities, including legal, administrative and financial aspects.

        Article 4


        Each of the two streams mentioned in item 3 has the following five categories:


        You can view the table in OJ
        n ° 79, 04/04/2002, page 5934 to 5941


        Article 5


        Agents in the administrative chain practice, depending on the category in which they were Recruited, the functions of which are defined as follows:
        Category 1 officers carry out, on the basis of specific directives, all tasks involved in carrying out the administrative activities of the
        . Category 2 shall carry out, on the basis of the instructions provided to them, a set of administrative tasks involved in the operation of the establishment.
        Category 3 officers shall be responsible for Management tasks that require the implementation of specific administrative skills. They can contribute to the development of programming or synthesis documents and have responsibility for a sector or coordinate the activities of a team.
        Category 4 officers participate in the definition and organization Administrative tasks. They develop programming and synthesis documents. They can provide administrative and legal expertise. They coordinate and supervise the management activities of a sector or service or may be assigned responsibility for a service.
        Category 5 officers are responsible for a sector or service. They define the objectives and management methods applicable to the sectors or services for which they are responsible. They organise and control the administrative activity of their sector or service. They can carry out missions of expertise and evaluation. They are involved in the definition and implementation of institutional policies.

        Article 6


        Industry agents In accordance with the category in which they have been recruited, the following functions, in particular:
        Category 1 officers shall carry out, on the basis of specific directives, all tasks The carrying out of the operational activities of the institution.
        Category 2 officers implement all the techniques required for the conduct of scientific and technical activities in archaeology and treatment Of furniture and participate in the adaptation of techniques applicable to preventive archaeology. They may participate in the scientific exploitation of the results of operations and in research or publication projects. They may be entrusted with the administration and supervision of archaeological activities.
        Category 3 officers are involved in the definition, implementation and organisation of scientific activities. Archaeological techniques. They are involved in the development and adaptation of methods and techniques applicable to archaeological operations. They can contribute to the scientific and technical exploitation of archaeological operations and to the dissemination and enhancement of their results. They can participate in research and publication projects. They may be entrusted with the administration and supervision of archaeological activities.
        Category 4 officers are involved in the definition, implementation and organisation of scientific activities. Archaeological techniques. They contribute to the development, development and development of methods and techniques applicable to preventive archaeology. They may be responsible for conservation and restoration operations. They can perform tasks of coordination, project control and expertise, as well as training in preventive archaeology. They contribute to the scientific and technical exploitation of the activities of the establishment, as well as to the dissemination and enhancement of their results. They may be associated with research and publication projects. They may be assigned to administer and supervise archaeological activities.
        Category 5 officers define and organize archaeological operations. They may be responsible for the mission of expertise, coordination and control of projects or sets of scientific projects. They can design and provide training in preventive archaeology. They contribute to the scientific and technical exploitation of the activities of the establishment, as well as to the dissemination and enhancement of their results. They contribute to the definition and implementation of programs of study, research and publication, and may be associated with research and publication projects or management. They may be responsible for the administration and management of archaeological activities. They may be responsible for services at the institution's headquarters or deconcentrated structures of the institution. They can participate in the definition and implementation of institutional policies

      • Chapter II: Recruitment Article 7


        Recruitments in the sectors and categories referred to in Article 4 of this Decree shall be open, for at least 50 % of the posts to be filled, to external candidates for qualifications, diplomas or experience Professional specified below:
        1. Category 1:
        a) BEPC or CAP or a French or foreign equivalent at least equivalent, or
        b) Two years of professional experience in functions similar to those in this category.
        2. Category 2:
        a) Bachelor's or French or foreign title or diploma at least equivalent, or
        b) BEPC or CAP or equivalent degree and two years of work experience in functions similar to those in this category.
        3. Category 3:
        a) University degree or university degree or diploma or French or foreign degree or diploma at least equivalent, or
        b) French or foreign equivalent or diploma equivalent to two years Professional experience in functions similar to those in this category.
        4. Category 4:
        a) Bachelor's degree or equivalent French or foreign diploma or diploma, or
        b) University degree or diploma in technology or a French or foreign equivalent certificate or diploma equivalent and two years of experience Professional in functions similar to those in this category.
        5. Category 5:
        a) Doctoral, doctoral degree or doctoral degree or equivalent French or foreign degree, or
        b) French or foreign equivalent and three years of professional experience in functions Similar to those in this category, or
        (c) Advanced degree or diploma in specialized higher education and two years of professional experience in functions similar to those in this category.
        The assessment of the equivalence of the titles and diplomas provided for in this Article shall be subject to the opinion of a committee whose composition and operating rules shall be laid down by the joint decree of the Minister responsible for culture, the minister responsible for Research and the minister in charge of the public service.

        Article 8


        In each of the categories mentioned in Article 4 of the The posts to be filled shall be, for at least 30 % and not more than 50 % of them, reserved for contract employees governed by public law of the establishment according to one of the following two modalities:
        1. Appointment of agents justifying five years'service in the establishment for access to categories 3, 4 and 5 and three years' service in the establishment for access to categories 1 and 2, as well as the conditions laid down in Article 7 Above;
        2 ° Due to the balance by the appointment to the election, in the immediately higher category among the officers deemed suitable for the corresponding duties and having reached at least the seventh step in categories 1, 2 or 3 and Minus the 8th step of category 4. Such appointments shall be made by the Director General after the respective opinion of the Head of Service to which the agent and the competent Joint Advisory Committee are assigned. For access to categories 3, 4 and 5 of the scientific and technical sector, consultation of the Joint Consultative Commission is preceded by that of the Scientific Council. The officers thus recruited shall not be subject to the trial period provided for in Article 12 of this Decree.
        In each category, any or all of the jobs not filled under 2 ° of this Article may be carried over to the posts in question. To fill the title of 1 °.

        Article 9


        The recruitment commission provided for in Article 10 of this Decree may propose to the Director The employment to be filled under Articles 7 and 8 above in respect of any of the methods of recruitment provided for in those Articles, without the proportion of the jobs to be filled under one of the methods of Recruitment may be more than 70 % of the total number of jobs to be filled.

        Article 10


        For each recruitment involved in Application of Article 7 and of Article 8, the Director-General shall submit nominations for the opinion of a recruitment committee which shall assess them, in particular as regards the professional experience required by Article 7, with regard to the profile The
        arrangements for the operation of the recruitment boards shall be determined by decision of the Director General after the opinion of the Central Joint Technical Committee of the
        . Members of the institution. They shall include, where appropriate, qualified persons in the field of competence of the position to be filled. When it comes to providing jobs in the scientific and technical field, they include a majority of personalities outside the institution qualified in preventive archaeology.
        For the recruitment of agents of the The Committee shall forward its opinion to the Director General.
        For the recruitment of staff in the scientific and technical field, the Commission shall rank the candidates. This classification is subject to the advice of the Scientific Council. In the event of disagreement between the Director General and the Scientific Council on one or more recruitment proposals, the Director General may not follow this opinion subject to the agreement of the President of the institution.

        Article 11


        The Director General engages the agents by written contract. It shall specify in particular the sector, the category and the classification level, the administrative residence, the compensation index, the effective date of the undertaking and the duration of the trial period provided for in Article 12 of this Decree.

        Article 12


        The final commitment of the agents is subject to the completion of a trial period whose duration may not be lower To an actual duration fixed in each of the streams at:
        1. One month for category 1 and 2 agents;
        2. Three months for category 3 and category 4 agents;
        3. Six months for Category 5 officers.
        The officers, whose trial period has been found to be satisfactory, are permanently engaged. The other agents may be authorized to perform an additional probing period of at least the initial trial period.
        The contract of the agents who have not been authorized to conduct a trial period is terminated Complementary. However, those of them who had an indefinite contract in the institution were reinstated in their original category. The same provisions shall apply where the additional trial period has not been deemed satisfactory, after the opinion of the Joint Consultative Commission provided for in Article 29 of this
        . Or complementary, the contract may be terminated without notice and without compensation.
        The duration of the trial period is taken into account for the advancement of the agent

      • Chapter III: Ranking Article 13


        Subject to the provisions of the following paragraph and those of Article 14 of this Decree, candidates shall be classified at the first level of
        However, at the time of the first indeterminate recruitment in the institution, the professional experience of the applicant may be taken into account in previous functions of the same level and in relation to the Functions for which recruitment occurs. The seniority taken into account for the classification of the agent cannot lead to the placing of the candidate at a level higher than the 7th for categories 1, 2 and 3 and to the 8th for categories 4 and 5.

        Article 14


        Agents of the institution, with an indeterminate contract and appointed in a higher category, are classified when they are recruited to the Category higher than one level with an equal index or, failing that, immediately greater than that held in their category of origin. They shall retain the seniority of the level acquired in their previous situation, within the limit of the duration required by Article 17 for access to the upper echelon in their new category, where the increase in treatment resulting from them Appointment is less than what they would have achieved in their former situation.
        Agents who had reached the highest level of their category of origin retain their seniority in the same Limits when the increase in salary resulting from their appointment is less than that resulting from a promotion at this last step

    • TITLE III: REMUNERATION Article 15


      The basic processing is fixed by reference to the indices and the value of the public service point. It corresponds to the index assigned to each agent according to its classification in the level of the category to which it belongs.

      Article 16


      The compensation indices for each step in each category are set by joint order of Ministers responsible for budget, culture, public service and research

    • TITLE IV: PROGRESS OF ECHELON Article 17


      Within each category, the step progression takes place at a step at the level immediately Above. The length of time spent in each step of each category shall be fixed, subject to the provisions of Article 18 of this Decree, in accordance with the following table:


      You can view the table in the OJ
      N ° 79, 04/04/2002 page 5934 to 5941



      For advancements made under this section, periods of part-time service under Division IX of the Order-in-Council of January 17, 1986 These are counted for their entire duration.

      Article 18


      On proposal of the line manager and after notice of the As a joint advisory committee, officers can benefit from a reduction in the amount of time each year. The number of months of seniority reduction that may be allocated may not be less than one month for each officer concerned, nor be more than one-quarter of the length of the increment in which the officer is placed.
      The number of months of Reduction in seniority which may be granted shall not exceed that of the budgetary establishment on 1 January of the year multiplied by 0.15.

    • TITLE V: SPECIAL PROVISIONS FOR THE ORGANISATION OF ACTIVITIES SCIENTIFIC Article 19


      Scientific and technical officials may be responsible for the scientific responsibility of the Preventive archaeology operations.
      In accordance with the missions of the establishment, the staff of the scientific and technical sector may be required to intervene temporarily in any place in the national territory, in particular for the implementation of The work of the archaeological operations that the establishment has the obligation to carry out on prescription from the State.

      Article 20


      The Agents of the scientific and technical sector are intended to participate in activities of valorization and dissemination of scientific and technical information and to carry out research activities, either individually or in teams The
      activity programme of the establishment and the conventions it signs with other partners may provide for the participation of certain agents of the scientific and technical sector in Programmes of scientific activity for part of their working time, or their making available to an organisation under the conditions laid down in Article 25 of this Decree.
      In addition, staff may be granted leave for work Research personnel under the conditions laid down in Article 21 of this Decree.

      Article 21


      A leave for personal work Paid research may be granted, on an exceptional basis, to the agents of the scientific and technical sector who so request in order to carry out work corresponding to the tasks of the establishment but which are not recorded in its Scientific program, subject to the following conditions:
      1. The research activity for which the agents apply for leave must relate to the scientific programs of the institution and an interest in it;
      2 ° Officers must provide six years of effective service in the institution. The leave may be granted for one or more periods of a total duration limited to one year throughout the career of the agents.
      The Director General shall take a decision in view of the draft presented by the agent and after the opinion of the Scientific Council of Establishment. The staff of officers who may be granted leave for personal research work shall be entered in the budget of the institution.
      At the end of this leave, the officer shall send the President of the institution the result of the work carried out during the period of the Leave for personal research work and a presentation report, which shall be transmitted to the scientific council of the institution.
      During the period of the leave for personal research work, the staff concerned shall retain the Pay for their level, as well as complementary social and family remuneration. They shall not accumulate such remuneration with any other public or private remuneration. They retain their right to advancement for the duration of the personal research leave.

      Article 22


      The Officers who, during the leave provided for in Article 26 of this Decree, perform scientific services in relation to the missions of the establishment in research organisations may see the duration of such leave taken into account for their Progress in their reintegration into the National Institute for Preventive Archaeological Research, subject to the favourable opinion of the scientific council of the institution

    • TITLE VI: MISCELLANEOUS PROVISIONS Article 23


      Agents of the institution may change assignments, on request, or in administration. Only change of assignment resulting in a change of administrative residence shall be decided upon after the opinion of the Joint Consultative Commission provided for in Article 29 of this
      . The subject of an amendment to the contract of the deployed agent.

      Article 24


      The agents of the establishment may be either made available or Placed in the position of leave without pay for personal reasons, under the conditions specified in sections 25 and 26 of this Order.

      Article 25


      A contractual agent may, at his request or with his consent, be made available to a legal person under public or private law, whether French or foreign, in charge of a mission of general interest. A signed agreement between the host institution and the host organisation provides for the conditions of this provision, in particular its duration and the arrangements for its repayment by the host organisation of the remuneration received by the agent and the Social charges, as well as the terms and conditions of the control and evaluation of the activities of the agent made available.
      An officer may apply for the benefit of a provision only if he has been employed continuously for at least three years. This service seniority is not required when the provision is decided upon at the request of the administration and with the agreement of the agent. A provision may not exceed three years. It may be renewed within the total limit of six years, in accordance with the conditions laid down in the agreement referred to in the preceding paragraph.
      In that position, the agent shall remain governed by the provisions of this Decree. The Director General of the institution shall exercise disciplinary power. It may be seized by the host administration or agency for this purpose.
      The provision may be terminated before the expiry of its original duration at the request of the agent, the institution or the host organization in accordance with The terms and conditions set out in the agreement referred to in the first paragraph of this Article.
      The agent who wishes to reintegrate must make the request to the institution. In the case of a provision for a period of more than or equal to six months, this application must be sent to the institution within two months before the date of reinstatement. The agent is then reinstated to a level position equivalent to that held before it was made available.
      When, at the end of the period of making available, the officer did not make known his or her intentions to the institution, the Asks for reinstatement within one month.

      It is terminated, without compensation or notice, to the contract of the officer who, having not requested reinstatement, refrains from responding to the formal notice in the Period referred to in the preceding paragraph.

      Article 26


      An agent, employed continuously for at least three years, may apply for a Leave without pay for personal reasons of up to three years. Such leave may not exceed one year only if the officer has not been granted leave of the same type, leave for business creation or leave for vocational training of at least three months within three years of the date of the Request for leave. This leave is renewable, with a maximum period of not more than six years in the course of an officer's career.
      The leave request indicating the start date and the duration of the leave must be made one month in advance.
      The leave agent Without pay for personal suitability for a period of more than three months and less than one year must apply for reinstatement at least one month before the expiry of the current leave. In the case where the leave is more than one year, this period shall be extended to two months. He is re-employed in his previous employment to the extent permitted by the service. If it does not, it shall have a priority to be re-employed in a job in its category and speciality.
      In the case of leave of more than one year, reinstatement may be subject to verification by an approved medical practitioner. The physical fitness of the officer to perform the duties under his or her contract.
      When, after the period of leave, the officer has not communicated his or her intentions to the institution, the institution will continue to apply for reinstatement Within one month.
      It is terminated, without compensation or notice, to the contract of the officer who does not seek reinstatement or to refrain from responding to the formal notice within the period referred to in the preceding paragraph.

      Article 27


      Jobs produced by an agent as part of its functions can be edited or edited Or co-edited by the institution.

      Article 28


      Elected representatives of staff to the planned joint advisory committees In Article 29 of this Decree, and to the Board of Directors and Scientific Council of the National Institute for Preventive Archaeological Research, provided for in Articles 8 and 15 of the Decree of 16 January 2002, respectively, shall be granted For their participation in each session of these boards of a leave of absence which includes the expected duration of the meeting, increased time limits for the meeting, and a time equal to the duration of the meeting to enable the parties concerned to ensure the Preparation and report of work

    • TITLE VII: PARITARY CONSULTATIVE COMMISSIONS Article 29


      Joint Consultative Commission shall be established within the establishment, with the Director General, for each of the two streams: administrative and scientific and technical. The number and method of election of staff representatives and the general arrangements for the operation of these committees shall be determined by decision of the Director General after consultation of the Central Joint Technical
      . Commission is empowered to issue an opinion on the individual issues of the relative agents:
      1. Has the application of the terms in the contracts;
      2. To the assignment of step seniority reductions;
      3. Deployments involving changes in administrative residence;
      4. Appointments to the election under section 8 of this Order; and
      5. For disciplinary sanctions other than warning and blame;
      6. Non-disciplinary lay-offs;
      7. Non-recruitment decisions after renewal of the trial period;
      8. At the request of the persons concerned:
      (a) The refusal of the administration to refuse leave for trade union, professional, executive and youth workers' training, for family reasons, for personal reasons and for Business creation;
      (b) Denial of absence permission to take action to prepare for administrative competition;
      (c) Denial of authorization to perform part-time service and conditions litigation Exercise of part-time duties;
      (d) Under conditions of re-employment after leave or making available.
      In addition, each Joint Advisory Committee shall be informed of the number of agents, falling within the category for which it is Competent, made available or placed in the position of leave without pay

    • TITLE VIII: SPECIFIC PROVISIONS APPLICABLE TO RECRURED AGENTS ON A DETERMINED DURATION Article 30


      Agents can be recruited by fixed-term contracts to meet a specific need, limited in time and justified by operational requirements. The contract established in this framework may not exceed a maximum of ten months, including renewals.
      However, to perform functions which are not provided for in Chapter I of Title II of this Decree, the establishment may recruit Agents on fixed-term contracts of up to three years, renewable, by express renewal, within the six-year limit.
      As part of its contribution to research training, the institution may also recruit, Under the same conditions as in the previous paragraph, officers holding a post-graduate degree or equivalent. The reception programme for such staff shall be the subject of an opinion of the scientific council each year.

      Article 31


      Agents Fixed-term contract shall be paid by reference to an index of the grid of the category corresponding to the level of the duties they occupy, taking into account their qualifications and professional
      . Joint advisory committee for the industry to which the occupation is based.

      Article 32


      Agents contracted to The term of the contract shall be for a period of less than six months, one month if the duration of the contract is between six months and two years, two months if the duration of the contract is between two and two years. 3 years.
      The officer is exempt from this trial period if he has already been awarded a contract with the establishment for the same type and level of employment, provided that the period of interruption between that contract and the new commitment is lower To one year

    • TITLE IX: SPECIFIC PROVISIONS APPLICABLE TO RECRUUTED OFFICERS AND CATEGORIES Article 33


      Agents performing the functions provided for in the last paragraph of Article 1 of this Decree may be employed on an indefinite contract or on a fixed-term contract. In the latter case, the contract shall be established for a period of three years, renewable, by express renewal, within the limit of six years.
      This undertaking shall be subject to the completion of a trial period of six months under the conditions In accordance with Article 12 of this
      , agents of the establishment belonging to one of the chains referred to in Article 3 of this Decree may, on the basis of their abilities, be called, by decision of the Director General, to ensure These functions.

      Article 34


      The agents recruited or named in these jobs are classified outside the fixed channels and categories In Articles 3 and 4 of this Decree.
      They shall receive remuneration, in accordance with the characteristics of the position to be occupied, within the indicial limits laid down by the joint decree of the Ministers responsible for the budget, the culture, the function The
      thus appointed or recruited may, by decision of the Director General, benefit from a change of index within the limit of the index limit applicable to them.

      Article 35


      Aagents recruited on an indeterminate basis to perform the functions provided for in the last paragraph of Article 1, who cease to perform these functions, May be integrated into one of the streams and categories provided for in Articles 3 and 4 of this Decree. They are classified at a level with an equal or, failing that, immediately greater than the one they previously held, within the terminal-level boundary of the integration category.

      Article 36


      The officers mentioned in the last paragraph of Article 33 of this Decree, who cease to perform the functions provided for in the last paragraph of Article 1 of the This Order is reintegrated into their category of origin at the level held prior to the performance of those duties, increased by seniority acquired during the period in which they were insured.
      During the period of such duties, these officers Remain electors for the appointment of staff representatives to the Joint Advisory Committee on their sources of origin under Title VII of this Decree

    • TITLE X: TRANSITIONAL AND FINAL PROVISIONS Article 37


      Subject to the provisions of Article 39 of this Decree, employees under contract of indefinite duration For national archaeological excavations shall be integrated into the establishment of the National Institute for Preventive Archaeological Research, on the date of entry into force of this Decree, in one of the sectors and categories defined in Articles 3 and 4 This Decree.
      They are not subject to the trial period provided for in Article 12 of this Decree.
      Employees under the research and technical and administrative channels provided for in the provisions of this Decree. The Association for National Archaeological Excavations is integrated into the scientific and technical sector and the administrative sector provided for in Article 3 of this Decree.
      Employees shall be integrated into One of the categories according to the following equivalency table:


      You can view the table in OJ
      N ° 79, 04/04/2002, page 5934 to 5941


      Article 38


      The employees mentioned in Article 37 of this Decree shall be classified in the categories of the National Institute for Preventive Archaeological Research in accordance with The terms and conditions set out in this Article.
      To this end, two provisional levels shall be created in Category 2 for the classification of the staff of the association in category 2 A. The length of time to be spent at each level Is set at 1 year. The compensation indices for these two provisional levels are set out in the order referred to in Article 16 of this Decree.


      You can consult the table in OJ
      No 79, 04/04/2002, page 5934 to 5941



      A contract with each officer shall apply the provisions of this section. Until the establishment of their administrative record by the institution, the agents shall retain on a transitional basis the gross remuneration which was theirs at the date of effect of the decree of 16 January 2002 mentioned above. The difference between such remuneration and that resulting from this Article shall be subject to regularisation by the institution.
      Agents who, on the date of effect of the decree of 16 January 2002 referred to above, paid the compensation Compensation provided for in the treaty provisions governing the employees of the Association for the National Archaeological Excavation shall retain the benefit. Increases in the indices due either to a possible increase in remuneration resulting from the classification laid down in this Article or to a step in the scale provided for in Article 17 of this Decree shall result in an equivalent decrease in this Compensation.

      Article 39


      Employees who, as of the date of effect of the above-mentioned Decree of 16 January 2002, perform duties Corresponding to those defined in the last paragraph of Article 1 shall be maintained in their duties and shall enjoy an indefinite contract of public law under the conditions laid down in Title IX of this Decree. They shall not be subject to the trial period provided for in Article 33 of this Decree. They retain the remuneration that was theirs at the Association for National Archaeological Excavations
      Out of class " By the Association for National Archaeological Excavations which, at the date of effect of the aforementioned decree of 16 January 2002, did not carry out functions defined in the last paragraph of Article 1 of this Decree, shall be integrated into one of the sectors Referred to in Article 3 at a level assuring them equal pay or, failing that, immediately above that which was theirs at the date of effect of the decree of 16 January 2002 above.

      Article 40


      Employees recruited by term contract by the Association for National Archaeological Excavations are employed by the institution on the date Of the entry into force of this Decree, for the contractually expected duration remaining from that date.
      They shall be paid on the basis of an index with equal gross remuneration or, failing that, immediately above that They held the Association for National Archaeological Excavations.
      On an exceptional basis, employees recruited by the Association for National Archaeological Excavations and employed by the Institution on a fixed-term contract The date of effect of the decree of 16 January 2002 may be awarded the termination indemnity provided for in the contract concluded with the Association of National Archaeological Excavations under the conditions laid down in that contract.

      Article 41


      For the determination of service durations required for the application of the provisions of the above-mentioned Decree of 17 January 1986, As well as those of this Decree, the services performed within the Association for National Archaeological Excavations are assimilated to services performed within the framework of the National Institute for Preventive Archaeological Research.

      Article 42


      Agents recruited by the Association for National Archaeological Excavations and integrated into the National Institute of Preventive archaeological research retains the annual leave rights acquired since June 1, 2000, within the Association for National Archaeological Excavation. They shall exhaust this balance within a maximum period of three years from the entry into force of this Decree.

      Article 43


      The provisions of this Order may be amended by simple order, with the exception of sections 21, 24, 25 and 26.

      Article 44


      Minister of Economy, Finance and Industry, Minister of Culture and Communication, Minister of Public Service and Reform of the State, Minister of Research, Secretary State in the budget and the Secretary of State for Heritage and Cultural Decentralisation are each responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic


    Done at Paris, April 2, 2002.


    Lionel Jospin


    By the Prime Minister:


    Minister of Culture

    and Communication,

    Catherine Tasca

    Minister of Economy,

    Finance and Industry,

    Laurent Fabius

    The Minister for the Public Service

    and State Reform,

    Michel Sapin

    Minister of Research,

    Roger-Gérard Schwartzenberg

    Secretary of State for Budget,

    Florence Parly

    Secretary of State for Heritage

    and Cultural Decentralization

    Michel Duffour


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