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Application of the Council Directive 89 /391/EEC of 12 June 1989 on the implementation of measures to promote the improvement of the safety and health of workers at work, of Council Directive 93 /104/EC of 23 November 1993 concerning Certain aspects of the organisation of working time, of Decree 2000-815 of 25 August 2000, in particular Article 3.The Decree 2000-815 of 25 August 2000 on the development and reduction of working time in the public service of the State provides for In Article 3. II (a) that the minimum guarantees for the organisation of work can only be waived where the subject matter of the public service in question permanently requires them. Derogation of certain officers on the basis of either the establishments of the health service of the armed forces or in the telecommunications and computer services of the army. The health of the armed forces concerned, the civil servants belonging to the civilian paramedical technicians, civil pharmacy preparers, civilian health aides and civil servants of the qualified hospital services who exercise their Night duties and Saturdays, Sundays and holidays (approximately 800 agents). Their effective daily working time is 12 hours and it runs from 2 hours to the duration laid down in the decree of 25 August 2000. They benefit in return for this subjection of compensation in the context of a work cycle under In the telecommunications and computer services of the army, the personnel concerned are officials belonging to the bodies of the senior studies and manufacturing technicians of the Ministry of Defence, communications controllers of the Ministry of Defence and of the electronic and electronic communications and communications officers of the Ministry of Defence assigned to the telecommunications service and Army informatics which, on a continuous basis, carries out tele-monitoring of the state of the equipment and performs tele-action and tele-maintenance (approximately 140 agents).Derogations from the provisions of the decree of 25 August 2000 referred to above are the following: The weekly working hours, including overtime, can be up to 72 hours in the same week instead of the 48 hours. Hours provided for in the Decree of 25 August 2000 and the daily working hours of 24 consecutive hours instead of the 10 hours provided by this text. When they work 24 consecutive hours, they shall not be entitled to the minimum rest period The maximum amplitude of the day is set at a maximum of 24 hours while it is normally 12 hours. Overnight work includes the period between 21 hours and 6 hours. This subjection of a minimum rest period of 48 consecutive hours after each continuous 24-hour period.
Keywords
DEFENSE , PUBLIC SERVICE OF THE STATE, HEALTH SERVICE, TELECOMMUNICATIONS AND COMPUTER SERVICES, ARMEE, CLAY , STAFF, ASSIGNMENT, REDUCTION OF WORKING TIME, RTT, SHIFT IN WORKING TIME , ARTT, WEEKLY DURA, REST, DEROGATION
Later Links
JORF No. 102 of May 2, 2002 page 7965
text number 65
Decree n ° 2002-670 of 24 April 2002 on derogations from minimum guarantees for working hours and rest periods Applicable to certain officers on duty in the military health service establishments and in the telecommunications and computer services of the army NOR: DEFP0201414D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/4/24/DEFP0201414D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/4/24/2002-670/jo/texte
The Prime Minister,
On the report of the Minister of Defence, the Minister of Economy, Finance and Industry, and the Minister of the Public Service and the Minister of Public Service Reform of the state,
Having regard to Council Directive 89 /391/EEC of 12 June 1989 on the implementation of measures to promote the improvement of the safety and health of workers at work;
Having regard to Council Directive 93 /104/EC On 23 November 1993 concerning certain aspects of the organisation of working time;
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 particular Article 3 thereof ;
In view of the Opinion of the Joint Ministerial Technical Committee of 15 November 2001;
In view of the opinion of the State Civil Service Council of 4 December 2001;
The Council of State (Finance Section) heard,
:
- TITLE I: PROVISIONS APPLICABLE TO CERTAIN PERSONS AFFECTED IN THE ESTABLISHMENT OF THE HEALTH SERVICES OF THE ARMY Article 1
For the organization of the work of civilian paramedical technicians, civil pharmacy preparers, civilian health care aides and civil servants of qualified hospital services performing their duties in The establishments of the health service of night or day armies on Saturdays, Sundays and holidays, by way of derogation from the provisions of Article 3 of the Decree of 25 August 2000 referred to above, the daily working time may be extended to twelve Hours.
Article 2
In return for the hardship caused by Article 1, the agents concerned enjoy a meal time In their effective working time in accordance with the conditions laid down by order of the Minister responsible for defence
- TITLE II: PROVISIONS APPLICABLE TO CERTAIN PERSONS AFFECTED IN THE SERVICE OF TELECOMMUNICATIONS AND OF THE INFORMATION TECHNOLOGY FOR THE ARMY Article 3
For the organization of the work of the senior technicians of studies and fabrications, Communications controllers, electronic technical officers and communications and electronics officers who are assigned to the telecommunication and informatics service of the Army and who, on a continuous basis, Television functions-monitoring of the state of the equipment and performing tele-actions and teletenances, it is derogated from the minimum guarantees mentioned in the I of Article 3 of the decree of 25 August 2000 above, under the following conditions:
(a) The weekly working hours, including overtime, may be extended to seventy-two hours in the same week in respect of the average duration of forty-four hours over any period of twelve weeks Consecutive;
b) The daily working time can be extended to 24 hours without minimum rest.
Item 4
In As a result of Article 3, the agents concerned shall have a minimum rest period of forty-eight consecutive hours after each continuous period worked 24 hours.
Article 5
The Minister of Economy, Finance and Industry, the Minister of Defence, the Minister of Public Service and State Reform and the Minister of Industry Secretary of State for the Budget shall each have responsibility for the implementation of this Decree, which shall be published in the Official Journal of the French Republic
Done at Paris, 24 April 2002.
Lionel Jospin
By the Prime Minister:
The Minister of Defence,
Alain Richard
The Minister of the 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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