Key Benefits:
The Minister of the Interior,
In light of the amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, and in particular Articles 9 and 26;
Law No. 95-73 of 21 January 1995 Security orientation and programming (LOPS);
In light of Decree No. 85-1057 of 2 October 1985, as amended by Decree No. 99-57 of 29 January 1999;
In light of Decree No. 91-783 of 1 August 1991 on provisions Statutory bodies common to the bodies of the social service technical advisors of the administrations of the State;
Having regard to Decree No. 91-784 of 1 August 1991 on the statutory provisions common to the bodies of social service assistants of the Administrations of the State;
Having regard to the Order of 20 February 2002 on the organisation of the Directorate-General for Administration;
In view of the decree of 9 September 1992 concerning the deconcentration of the management of the bodies of social service assistants and of the Body of social service technical advisors;
In view of the Decree of 6 December 2001 on the work cycle applicable to social service assistants and the Regional Social Service Technical Advisors of the Ministry of the Interior;
Vu The opinion of the Social Services Special Joint Technical Committee of 22 March 2002;
On the proposal of the Director General of Administration,
Stop:
In the framework of the social action of the Ministry of the Interior, the social service, constituted by the agents belonging to the bodies of the social service assistants and the advisors Social service techniques, is organised in a national network under the conditions laid down in this Order.
Network Social service is the responsibility of the Directorate-General for Administration. It is placed with the management of personnel, training and social action, under the direction of social action.
The special joint technical committee of the social service set up with the Director of Personnel, Training and Social Welfare shall examine the conditions for the organisation and operation of this service.
The social service is responsible for providing services that meet the social needs of all agents Activity, regardless of status, and retirees.
To ensure the same quality of benefits and Even coverage of the social needs of agents throughout the territory, the social service is organised at national, regional or interdepartmental and departmental levels.
The social service is composed of a national technical advisor for the social service, assisted by an assistant national technical advisor, regional technical advisors Social and Social Work Assistants.
The National Technical Advisor for Social Work and the Deputy National Technical Advisor are placed with the Deputy Director of Social Work.
Regional Technical Advisors Social service is assigned to the sub-director of social action and in administrative residence in a region or department prefecture. They serve as technical advice in the field of social action with the regional prefect of their territorial jurisdiction. A number of regional social service technical advisors may be required to intervene in the same administrative region.
The social service assistants involved in the services at headquarters are placed with them. The Deputy Director of Social Action. For other services, social service assistants are placed with the department prefects, regional social service technical advisors exercising supervision, functional coordination and evaluation of their activities.
The National Technical Advisor, who is relayed by the Regional Social Service Technical Advisors, participates in the implementation of the The work of national social action policies. It animates and coordinates the activity of the social service network.
The operating procedures of the social service network, And in particular those relating to the organisation of the reduction in the working time of the staff members, are set out in the Annex to this Order.
The Director General of Administration is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E
RULES OF PROCEDURE FOR THE DEVELOPMENT AND REDUCTION OF THE WORKING TIME OF SOCIAL AND SOCIAL ASSISTANTS SOCIAL POLICY ADVISORS
1. Purpose and scope of application
The purpose of this rules of procedure is to define, within the framework of the regulations in force, the rules for the implementation of the development and reduction of working time for the Regional technical advisors and social service assistants assigned in the services of the Ministry of the Interior.
2. Duration of the
2.1 job. Annual Duration
The working time of a full-time agent is based on an effective annual working time of 1600 hours, in accordance with Article 1 of the decree of 25 August 2000.
2.2. Effective working time
The length of the actual working time is defined as the time when agents are available to their employer and must comply with their instructions without being able to operate freely Personal occupations.
Time Included in Effective Working Time
Business Activities.
Exceptional Emergency Response at the Request of a Head of Service.
Professional placements made during the regular work schedule of the agent.
Training by the agent, proposed by the service or requested by the agent and authorized by the social action sub-director.
Training Provided by the agent for the benefit of agents of the State or local authorities and authorised by the Deputy Director of Social Work.
Unpaid training provided by an agent in connection with his or her professional activity and authorised by the Deputy Director of Social Work.
Participation in a Public Service Competition Jury, with the permission of the Deputy Director of Social Work.
Time spent on medical visits for occupational medicine or health care. Preventive medicine and, where appropriate, additional prescribed examinations.
Time devoted to social and labour consultations, with the agreement of the supervisor, during working hours and on the place of Work.
Activity discharge for the exercise of the right to organise and leave of absence (within the authorised time limit) as well as the duration of the leave for union training.
Time spent by staff representatives at meetings, If it is organised by the administration, whether this meeting is at the initiative of the administration or that it corresponds to an express request by the staff representatives.
Time of the monthly trade union information, provided that the Meeting take place in the administration office.
Time assimilated to an effective working time
The duration of maternity leave.
The duration of the adoption leave.
The duration of the leave Paternity (Act No. 46-1085 of 18 May 1986 and Act No. 2001-1246 of 21 December 2001).
The duration of leave due to an accident at work.
Time excluded from actual working time
Time during Which the agent is not available to the line authority:
The length of time required by the officer to travel from his or her residence to and from his or her administrative place of residence.
Mandatory Southern Break Time and One Minimum length of 45 minutes.
The periods excluded from actual working time, which, while being paid and integrated in the calculation of the legal duration of the work, do not give rise to recovery of the corresponding time:
-all Special authorisation of absence mentioned in Annex 2 to the Circular of 27 February 2002 on the development and reduction of working time for staff under the general direction of the administration of the Ministry of The interior (except explicitly mentioned);
-length of regular sick leave, long-term illness or long-term illness;
-leave to participate in youth and educational organizations People, federations and sports and outdoor associations (art. 34-8 of Act No. 84-16 laying down statutory provisions relating to the public service of the State);
-leave to accompany end of life (art. 34-9 of Act No. 84-16 laying down statutory provisions relating to the civil service of the State);
-the leave to sit as a representative of an association declared pursuant to the law of 1 July 1901 relating to the contract Association or registered in the register of associations pursuant to the Act of 19 April 1908 (...) or of a mutual within the meaning of the code of mutuality, in an advisory or non-consultative body, established by a legislative or regulatory provision To an authority of the State at national, regional or departmental level or a territorial authority of Act No. 84-16 laying down statutory provisions relating to the public service of the
. Normal working hours, without being effective working hours, may be compensated or compensated in accordance with the conditions laid down in the Decree of 6 December 2001 implementing the decree of 25 August 2000.
3. Minimum guarantees
The work organisation must comply with the minimum guarantees laid down in Article 3-1 of the Decree of 25 August 2000 and the texts taken for its application:
The weekly working week, Overtime may not exceed 48 hours of work in the same week, or 44 hours on average over twelve consecutive weeks;
Weekly rest, which normally includes Saturday and Sunday, cannot exceed 48 hours. Be less than 35 hours;
The daily work time cannot exceed 10 hours;
Daily minimum rest cannot be less than 11 hours;
The maximum day range is 12 hours;
Daily work does not Can reach 6 hours without the agents having a break time of at least 20 minutes;
The southern pause cannot be less than 45 minutes;
Agents are required to organize their working time in compliance These minimum guarantees;
The working time recording and control device will ensure the effectiveness of these warranties.
4. Derogations from minimum guarantees
The minimum guarantees may be waived under the conditions laid down in Article 3 of the Decree of 25 August 2000 and Decree No. 2002-146 of 7 February 2002 on derogations from guarantees Minimum working hours and rest periods applicable to certain officers on duty in the services of the Civil Defence and Security Directorate or under the general direction of the administration of the Ministry of the Interior, for Social service assistants by decision of the prefect who informs the director of staff, training and social action, for technical advisors by decision of the director of staff, training and social action. Staff representatives on the Joint Technical Committee of the Social Service shall be kept informed as soon as possible of all decisions taken in this field.
The work organisation shall, in such cases, respect the guarantees Minimum:
The weekly hours of work, including overtime, may not exceed 60 hours in the same week, or 44 hours on average over any 12-week period. The weekly rest period cannot be less than 35 hours;
The daily duration of the job cannot exceed 15 hours;
The daily minimum rest is 8 hours;
The maximum amplitude of the day is 16 hours.
Agents The counterparties established by the inter-ministerial order of 26 February 2002 implementing Decree No. 2002-146 of 7 February 2002 laying down derogations from the minimum guarantees of working and rest periods applicable to certain Officers on duty in the services of the Directorate of Civil Defence and Security or under the general direction of the administration of the Ministry of the Interior.
A review of the implementation of the provisions of the decree of 7 February 2002 is presented annually in the Joint Technical Committee.
5. The general organization of the
5.1 job. Work cycles
The order of 6 December 2001 defines the work cycle applicable to social service assistants and social service technical advisors. This is the 38-hour per week cycle for an agent working full-time, 7 hours a day, organized according to a variable schedule.
5.2. Timetables
For agents assigned to metropolis, weekly working time is spread over five days, from Monday to Friday inclusive, with fixed ranges and mobile ranges. During fixed ranges, the presence of the agent is required.
You can view the table in the OJ
n ° 104 of 04/05/2002 page 8410 to 8414
Organization and schedules of Work of the social service assistants in the overseas departments is stopped by the prefect, assisted by the national technical adviser for the social service.
5.3. Agent Presence
The percentage of agents present must be at least 50 % during opening times to the public. It is the responsibility of the Regional Social Service Technical Advisor to ensure continuity of service at the inter-departmental level.
It may be waived during the week between Christmas and the day of the year and from 15 July to 31 August.
5.4. Service Hours of Service
A personal welcome is provided from 9.30 a.m. to 12.30 p.m. and from 1.30 p.m. to 5 p.m., Friday to Thursday, and from 9.30 a.m. to 12.30 p.m. and from 1.30 p.m. to 4 p.m. on Friday. This reception takes as a minimum the form of a telephone reception and can, if necessary, be provided by line-back.
5.5. Overflow of Daily Ranges
In exceptional circumstances, at their request, social service assistants may be authorized by the Regional Social Service Technical Advisor or the National Technical Advisor for The social service, to work beyond the daily limits foreseen to meet the specific needs of the agents (interventions for staff working at night, exceptional appointments after 20 hours or on Saturday), without it being
The hours worked in this frame combine with the hours worked on fixed beaches and mobile ranges. They are retrievable overtime under the conditions defined in section 5.10.
Technical advisors inform the prefects concerned each month.
5.6. Emergency situations
Personnel may be required to intervene in an emergency situation, outside the usual hours of operation of the services, to provide assistance and support to agents in situations of emergency. Distress in their professional life or their private life, or their families, at the express request of the prefect of the département, the regional technical adviser of social service or of the sub-directorate of social action who shall inform the prefect
The hours worked in this framework constitute, in the current state of the law, an effective working time. They may, where appropriate, constitute overtime under the conditions set out in point 5.10.
5.7. Travel
Travel times between the home and the work location required by the service and performed outside normal working hours are compensated according to the same plan as the hours Additional under the following conditions:
-for large or regular trips: the part of the travel time, which, together with the duration of the mission that required it, leads to the amplitude of the working day to be exceeded 10 Hours, is compensated under the same conditions as overtime;
-for frequent trips (twice a week to a minimum): the portion of travel time, which, together with the duration of the mission that required it, leads The amplitude of the working day to exceed the daily life defined by the agent's cycle shall be compensated or compensated under the same conditions as the overtime.
The frequency of travel shall be assessed in respect of Monthly period typical of the activity of the agent.
Social service assistants and regional social service technical advisors benefit, taking into account the frequency of their travel, of a mission order Permanent.
5.8. The recording of working time
In order to ensure compliance with the minimum guarantees provided for in the decree of 25 August 2000, to allow the counting of overtime and to contribute to the equal treatment of All staff, all agents are required to register their working time.
Registration is as follows.
Agents performing social service assistant functions use each As their activity permits, the automated recording device of the existing schedules at their place of administrative residence. Every last week of the month, the staff manager service in the prefecture communicates the monthly statement of schedules to the regional technical advisor. The latter justifies the anomalies with the staff manager service of the prefecture.
This device is complemented by two weekly reporting statements, one covering the forecast activity for the coming week, the other on The activity actually performed during the current week. Each social service assistant communicates these two states to the regional technical advisor on the last day of the week's work either by e-mail or by direct delivery.
For agents operating outside of the Where the automated control devices are installed, the weekly reporting statement referred to by the Regional Technical Advisor shall be sent by the Regional Technical Advisor to the personnel office of the prefecture to which the service assistant is responsible. Social.
Regional social service technical advisors have the option to opt for section 10 of the Order of August 25, 2000.
Regardless of the system chosen: general plan or package, regional service technical advisors Use, whenever their activity permits, the existing automated recording device at their place of administrative residence.
For regional technical advisors who benefit from the weekly cycle of 38 Hours, each last week of the month, the prefecture's personnel manager service communicates the monthly statement of schedules to the national technical advisor for anomalies. In this case, in addition to the automated registration of working hours, and taking into account the large number of missions outside the administrative residence, the Regional Technical Advisors shall forward to the Technical Advisor Each Friday, by electronic mail, an estimate of their use of time for the coming week and a record of their activities during the past week.
For agents operating outside of the Where the automated control devices are installed, the weekly reporting statement referred to by the National Technical Advisor shall be sent by the National Technical Advisor to the staff office of the prefecture to which the Regional Technical Advisor reports Social service every Monday.
The Social Action sub-direction will be informed of any time-counting difficulties.
5.9. Credit and Hours Rate
Over a reference period for the calendar month, agents can potentially be either debtors or creditors of a reportable number of hours in the following month.
Credit, A maximum of 12 hours per month, shall be used within the following month, after agreement of the regional technical adviser, or by a catch of 1/2 day, on the basis of three maximum which may be taken in the same day, or on the beaches Mobile.
The maximum rate of 4 hours should be reduced in the following month with an additional presence on the mobile ranges. Otherwise, it will be charged on the ARTT days.
5.10. The Overtime Plan
The use of overtime must remain exceptional.
For Regional Social Service Technical Advisors benefiting from the 38-hour cycle, these hours are performed At the request of the Deputy Director of Social Action or the national technical adviser for the social service, or validated a posteriori.
For the social service assistants, these hours shall be carried out either at the request of the prefect who informs him or her Regional social service technical adviser, at the request of the regional social service technical adviser who informs the prefect. They may, in case of emergency, be validated ex-post by the regional social service technical adviser who informs the prefect concerned.
The counting of overtime starts only after the number of hours the officer can Use the credit to carry forward the following month. They shall be the subject of an hourly compensation which shall be taken within three months from the month following the month in which they were made.
As a derogation and if operational requirements justify it, those hours May be rescheduled for a new three-month period.
If no service-related reasons have justified the non-recovery of hours, they will be capped.
Each quarter, the Regional Technical Advisor transmits to the Social action sub-direction an individual summary of overtime for social service assistants and social service technical advisors performing social service assistant functions.
6.
6.1 leave and absence. Annual holidays
Full-time agents are provided with 27 days of annual leave plus 1 or 2 additional days." "Split" (Decree of 26 October 1984) and, possibly, enhanced leave. Annual leave is to be taken before January 31 of the following year. For the year 2002, an exceptional authorisation for carry-over is authorised until 30 April 2003. The deferral time will be progressively reduced over the next three years.
Fillets are programmed under the following conditions.
6.2. Sick leave, maternity,
adoption and paternity
They must be justified as soon as possible to the Regional Technical Advisor, who forwards the information to the personnel office of the service that manages the file Administration of the officer and the deputy head of the social action.
The delay in the transmission of the certificate, if it is not duly justified by the official, places it in an irregular situation.
6.3. Authorization for Absence
The exceptional absence authorization regime is organized by the departmental circular NOR: INTA0200053C dated February 27, 2002.
These absences are excluded from working time Actual but paid and integrated in the calculation of working time.
6.4. RTT days
RTT days compensate for an effective working time greater than 1,600 hours.
For an agent working full time, the weekly cycle of 38 hours weekly opens up to 16 days RTT which shall be used in the calendar year for which they are allocated.
The days not taken on January 1 of the following year shall be lost, unless they are recorded in the time savings account, at the request of the agent concerned, in the Prescribed limits.
For the year 2002, RTT rights are acquired on or after January 1, 2002. A statement of the situation of each social service assistant will be provided to the Regional Social Service Technical Advisor by each employment authority. If applicable, an accrual of duties acquired in the first quarter, RTT days or overtime, may be made until June 30, 2002.
6.5. RTT Days Count
The count of sick leave, maternity, adoption, paternity leave for the calculation of RTT days is specified by the departmental circular NOR: INTA0200053C dated February 27, 2002.
6.6. Time savings account
Agents who would like to opt for a Time Savings Account (CET) will be required to notify the administration in an express manner, in accordance with the applicable regulations.
6.7. Organizational Terms and Conditions
A quarterly schedule of leave days, training days and RTT days per interdepartmental team (PRL region) is mandatory. It shall be drawn up by the regional technical advisers in metropolitan France, in consultation with the agents and the prefect, and shall ensure the continuity of the service.
An estimate of leave and RTT days is prepared in the last month Each quarter by the PRL and transmitted quarterly to the prefect.
In the event of a change, by the regional technical officer or agent, of the dates initially fixed for the taking of RTT days, this change shall be reported to the Or the other, within seven days before the date on which this amendment is to be made.
In exceptional circumstances, the seven-day time limit may be waived at the initiative of the Regional Technical Advisor Service agent.
6.8. Terms of use for RTT days
RTT days can be taken in isolation either by 1/2 day or by day or, on the contrary, grouped together under the conditions set out below. Accumulation with annual leave days is compatible, provided that the absence of the service does not exceed 31 consecutive days, except for employees with enhanced leave.
Each agent is credited with a quarter of his RTT days at the beginning For each quarter. Days not taken in one quarter are carried forward to the next quarter.
Five RTT days are taken on an ongoing basis, five days are scheduled at the agent's convenience for periods between January 1 and April 30 and between the September 15 and December 31, the remaining six days are available at any time, subject to the opening of the law and the need for continuity of service.
6.9. Management of absences
A forecast table of absences is drawn up by the regional social service technical advisors, in consultation with staff and the prefect, and kept up to date on an ongoing basis. This table contains all absences related to the daily operation of the service (leave, ARTT, part-time, recoveries ...). Each period of absence shall give rise to the formal designation by the Regional Social Service Technical Advisor of one or more agents performing the same functions which provide a telephone hotline for the sector provisionally vacant, Assess the urgency of the situations presented and, in consultation with the Regional Social Service Technical Advisor, take care of them if necessary.
In the same way, an estimate of the absences of technical advisors Regional social service is maintained by the National Technical Advisor for Social Services.
7. Part-time
Part-time work is an individual reduction in working time. The agent who chooses to work part time retains the right, in agreement with his hierarchical superior (the prefect) and subject to operational requirements, to choose the terms of his part-time.
The transition to the ARTT is For agents working part time by reducing their working hours and the number of RTT days proportional to the working time. The terms and conditions are set out in Annex 3 of the departmental circular NOR: INTA0200053C dated February 27, 2002
8. Regime of the Regional Technical Advisers
of the social service having opted for Article 10
Pursuant to Article 10 of the Order of 6 December 2001 implementing Decree No 200-815 of 25 August 2000 for the Staff members of the Directorate-General of Administration, the Regional Technical Advisers of Social Work, at their request, and after favourable opinion of the Deputy Director of Social Work, shall have a work plan of 208 days per year. They have 27 days of annual leave, plus, if applicable, 1 or 2 days of fractionation and 18 days RTT.
For part-time employees, the number of RTT days is prorated to the extent of their work quotity. Annex 3 to the ministerial circular NOR: INTA0200053C dated 27 February 2002.
Although subject to a fixed working obligation, staff under Article 10 are subject to a registration of their working time To ensure compliance with the minimum guarantees provided for in Article 3 of the Decree of 25 August 2000. On the other hand, these staff may not be able to apply the flexitime regime, which only makes sense for agents reporting on their working time.
The competent Joint Administrative Committee may be Entering any dispute relating to an individual situation regarding the application of this section.
9. Procedures for monitoring and modifying
of this Regulation
A monitoring commission is set up at national level. It consists of representatives of the staff sitting on the Joint Technical Committee and representatives of the staff sitting on the two joint administrative boards of the social service and representatives of the administration
It will meet in the first year at the end of the second half of the year, to consider possible corrections to the system. In the following years, it will meet as required.
A review of the implementation of the ARTT will be presented each year to the Joint Technical Committee, which will be seized for any amendments to this Regulation
Provided in this paragraph shall be informed on a regular basis of the progress of the work which will be initiated by the Social Action Subdirection on the positioning of social service assistants.
This work, conducted in a framework To propose operational recommendations that will be experienced as early as 2003.
Done at Paris, April 26, 2002.
For the Minister and by delegation :
The Director of Personnel,
for Training and Social Action,
M. Lalande
