Order Of 26 April 2002 On The Organization And The Functioning Of The Social Service Network

Original Language Title: Arrêté du 26 avril 2002 relatif à l'organisation et au fonctionnement du réseau du service social

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Keywords inside, public service of the State, Central ADMINISTRATION, Directorate of personnel of the training of the training social, social ACTION, SOCIAL SERVICE, organization, SOCIAL networking, joint SPECIAL Technical Committee, GSTC, ROLE, COMPETENCE, COMPOSITION, rules of procedure, time management working, ARTT, REDUCTION of time working, RTT, term legal, 35 hours JORF n ° 104 of May 4, 2002 page 8410 text no. 106 Decree of 26 April 2002 on the Organization and the functioning of the network of the service NOR social : ELI INTA0200220A: https://www.legifrance.gouv.fr/eli/arrete/2002/4/26/INTA0200220A/jo/texte the Minister of the Interior, seen the Act No. 83-634 of 13 July 1983 modified rights and obligations of officials, and particularly articles 9 and 26;
See Act No. 95 - 73 of 21 January 1995 orientation and safety (LOPS) programming;
Considering Decree No. 85-1057 October 2, 1985, amended by Decree No. 99-57 of 29 January 1999;
See Decree No. 91 - 783 1 August 1991 relating to statutory provisions common to the body of advisers to the administrations of the State social service;
See Decree No. 91 - 784 1 August 1991 relating to statutory provisions common to the body of the administrations of the State social service assistants;
Given the Decree of 20 February 2002 on the organisation of the administration branch;
Given the order of September 9, 1992, with devolution of the management of the bodies of social service and the body of advisers, social service assistants;
Given the Decree of December 6, 2001, relative to the cycle of work applicable to social service assistants and regional technical advisors of social service of the Ministry of the Interior;
Seen the special joint technical Committee of the social service of 22 March 2002;
On the proposal of the Director general of administration, stop: Article 1 in the context of social action of the Ministry of the Interior, social service, formed by agents belonging to the body of advisers of social service and social service assistants, is organized as a national network under the conditions provided for in this Decree.


Article 2 the social service network is the branch of the administration. It is placed with management personnel, training and social action, social action branch.


Article 3 special joint technical Committee of the social service established to the Director of personnel, training and social action is intended to examine the conditions of organization and functioning of this service.


Article 4 the social service is responsible for providing services that meet social needs of all the agents in activity, regardless of their status, and retirees.


Article 5 to ensure continued quality of services and the same coverage of the social needs of the agents on the whole of the territory, the social service is organised at national, regional or interdepartmental and departmental levels.


Article 6 social service consists of a national technical advisor for social service assisted a national technical adviser, regional technical advisers of social service and social service assistants.
The national technical advisor for social service and the national technical adviser are placed with the Deputy Director of social action.
Regional technical advisers of social service are affected with the Assistant Director of social action and administrative residence in a prefecture of region or Department. They perform a function of technical advice in the field of social action with the prefect of the region of their jurisdiction. Several regional technical advisers of social service may need to intervene on the same administrative region.
Assistants for social work intervening in the services in central administration are placed with the Deputy Director of social action. For other services, social service assistants are placed with the prefects of Department, social service regional technical advisers exercising supervision, functional coordination and evaluation of their activity.


Article 7 national technical advisor, relayed by the regional advisers, social service, participates in the implementation of national policies for social action. It animates and coordinates the activity of the social service network.


Article 8 the terms of operation of the network of social services, in particular those relating to the development of the reduction of the working time of workers who make it up, are provided for in the annex to this order.


Article 9 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.


Appendix A N N E X E rules related to development and the REDUCTION of the working time of SOCIAL SERVICE ASSISTANTS and advisors SERVICE SOCIAL 1 TECHNIQUES. Object and scope of application these rules of procedure is intended to define, under the regulations in force, the rules of implementation of development and the reduction of the working time for the regional technical advisers and assistants of social service in the services of the Ministry of the Interior.
2. hours of work 2.1. Annual working time the working time of a full-time agent is made on the basis of an annual working hours of effective 1600 hours, in accordance with article 1 of the Decree of 25 August 2000.
2.2. the effective working time the duration of the actual working time means as the time during which agents are at the disposal of their employer and must conform to its guidelines without being able to go freely about the personal lives.
Included in time actual working time professional activities.
Exceptional interventions in emergency situations at the request of a Department head.
Business travel made during the regular work of the agent.
Training followed by the officer, proposed by the service or requested by the officer and authorized by the Deputy Director of social action.
Training provided by the agent for the benefit of agents of the State or local authorities and authorized by the Deputy Director of social action.
Unpaid training provided by an agent in connection with his professional activity and authorized by the Deputy Director of social action.
Participation in a competition jury of the public service, with the approval of the Deputy Director of social action.
Time spent on medical visits to the title of the work or the medicine of prevention as well as medicine if necessary, further tests prescribed.
Time spent on social and Union consultations, with the agreement of the superior hierarchical, hours of work and in the workplace.
Discharge of activity for exercise of the right to organize and authorization of absence (in the limit of the appropriations authorized time) as well as the duration of the leave for Union training.
Time spent by the representatives of the staff in a meeting, if it is organized by the administration, that this meeting is at the initiative of the administration or to match a specific request of the staff representatives.
Time of Union information monthly, provided that the meeting be held in the premises of the administration.
Time assimilated to an actual working time the duration of maternity leave.
The duration of the adoption leave.
The duration of paternity leave (Act No. 46 - 1085 of May 18, 1986 and law No. 2001 - 1246 of 21 December 2001).
The length of leave after a work accident.
Excluded time to work time workforce time during which the agent is not available to the hierarchical authority: travel time needed for the agent to get her home to his administrative residence and back.
Time of mandatory Meridian break and a minimum of 45 minutes.
Excluded time to actual working times, which, while being paid and included in the calculation of the legal duration of work, do not give rise to recovery of the corresponding times:-any special permissions of absence referred to in annex 2 of the circular of 27 February 2002 relating to development and the reduction of the working time for personnel in the Directorate-General for the administration of the Ministry of the Interior (except as explicitly noted below);
-the duration of regular sick leave, long illness or long term illness;
-leave to participate in the activities of the organizations of youth and popular education, federations and sports associations and outdoor (art. 34-8 of Act No. 84-16 for statutory provisions on the public service of the State);
-end of life management leave (art. 34-9 of Act No. 84-16 for statutory provisions on the public service of the State);

-leave to serve as a representative of an association declared in application of the law of 1 July 1901 relating to the contract of association or entered in the register of associations under the Act of April 19, 1908 (...) or insurance within the meaning of the code of mutuality, in an advisory or not, proceeding instituted by a legislative or regulatory provision to an authority of the State at the national level regional or departmental or of a territorial unit of the Act No. 84-16 for statutory provisions on the public service of the State).
Travel made outside the normal hours of work, without being actual work times, can be offset or compensated under conditions established by the Decree of December 6, 2001 implementing the Decree of 25 August 2000.
3. the minimum guarantees the work must respect the minimum guarantees laid down in article 3-1 of the Decree of 25 August 2000 and taken texts for its application: the hours of actual work per week, including overtime cannot exceed 48 hours of work in a week, or 44 hours on average over a period of 12 consecutive weeks;
The weekly rest period in principle including the Saturday and Sunday may be less than 35 hours;
The daily working time may not exceed 10 hours;
The minimum daily rest period may be less than 11 hours;
The maximum amplitude of the day is set at 12 hours;
The daily work can reach 6 hours without agents benefit from time to pause for a minimum period of 20 minutes;
The Meridian break cannot be less than 45 minutes;
Officers are required to organize their working time in respect of these minimum guarantees;
The device registration and control of working time will ensure the effectiveness of these safeguards.
4. derogations from the minimum guarantees may be waived to the minimum guarantees under the conditions laid down by article 3 of the Decree of 25 August 2000 and Decree No. 2002-146 of February 7, 2002 with derogations guarantees minimum duration of work and rest for some officers in function in the services in the Directorate of defence and civil security or reporting to the Directorate-General for the administration of the Ministry of the Interior for the assistants of social service by decision of the prefect, who informs the Director of personnel, training and social action, for advisers by decision of the Director of personnel, training and social action. The representatives of the Joint Technical Committee of the social service staff are informed promptly of all decisions taken in this area.
In these cases, the Organization of the work must respect the following minimum guarantees: the weekly working time, including overtime, may not exceed 60 hours in one week or 44 hours on average over a period any of 12 consecutive weeks. The weekly rest period may be less than 35 hours;
The daily working time may not exceed 15 hours;
The minimum daily rest period is 8 hours;
The maximum amplitude of the day is 16 hours.
Officials concerned receive compensation set by the Interministerial Decree of February 26, 2002 with application of Decree No. 2002-146 of February 7, 2002 with derogations guarantees minimum of hours of work and rest for some officers in function in the services in the Directorate of defence and civil security or reporting to the Directorate-General for the administration of the Ministry of the Interior.
A review of the implementation of the provisions of the Decree of February 7, 2002 is presented annually in joint technical Committee.
5. the General Organization of work 5.1. Work cycles the Decree of 6 December 2001 defines the cycle of work applicable to social service assistants and advisers of social service. It's the cycle of 38 hours per week for an agent working in time complete or 7 h 36 per day, organized on a variable schedule.
5.2 hours for officers in metropolis, the weekly working time is distributed over five days, from Monday to Friday, with fixed beaches and mobile beaches. During the fixed beaches, the presence of the agent is required.
You can see the table in the JO No. 104 of 2002-05-04 page 8410 at 8414 organization and work schedules of the assistants of social service in the overseas departments is stopped by the prefect, assisted the national technical advisor for social service.
5.3 presence of agents the percentage of agents must be at least equal to 50% during the opening to the public. It belongs to the regional technical advisor of social service to ensure the continuity of service at the interdepartmental level.
It may be an exception to this rule the week between Christmas and new year and from 15 July to 31 August.
5.4 operating hours of services a personnel are received from 9:30 to 12:30 and from 13:30 to 17: 00, Friday to Thursday, and from 9:30 to 12:30 and 13:30 to 16: 00 on Friday. This home at least takes the form of a telephone and can, if necessary, be assured by reference line.
5.5 exceeded daily terminals has exceptionally, at their request, social service assistants can be authorized by the regional technical advisor of social service or the national social service technical advisor, to work beyond the daily terminals planned to meet the specific needs of agents (interventions for personnel working at night, an exceptional appointment after 8 p.m. or Saturday) unless it is for so many emergency situations.
The hours worked within this framework are cumulative with the hours worked on the fixed and mobile beaches. They are overtime recoverable under the conditions defined in point 5.10.
Advisers inform each month concerned prefects.
5.6. emergency personnel may need to intervene in an emergency situation, outside of normal hours of operation of the services, to provide assistance and support to officers in distress in their professional life or their privacy, or their families, at the express request of the prefect of the Department, regional adviser for social work or social action branch which inform the prefect concerned.
Hours worked within this framework are, in the current state of the law, an effective working time. If necessary, they can be working overtime under the conditions provided for in point 5.10.
5.7 travel the travel time between the home and the workplace necessitated by service and made outside of normal working hours are compensated according to the same regime as overtime under the following conditions:-for significant or regular travel: the part of travel time, which attached to the duration of the mission that required it leads the amplitude of the working day to exceed 10 hours, is compensated in the same conditions as overtime;
-to travel frequently (twice a week at least): the part of travel time, which, joined to the duration of the mission which took him, led the amplitude of the working day to exceed the daily duration defined by the cycle of the agent, is offset or compensated under the same conditions as overtime.
The frequency of the movement is appreciated relation to a monthly period characteristic activity of the agent.
Social service assistants and regional technical advisors of social benefit, given the frequency of trips, from a standing mission order.
5.8. recording of working time in order to ensure compliance with the minimum guarantees laid down by the Decree of 25 August 2000, to allow overtime count and to contribute to fair treatment of all staff, all officers are required to record their working time.
The check according to the following terms.
Officers performing functions of social service Wizard use, whenever their activity allows it, the recording device automated schedules on their place of residence administrative. Every last week of the month, the service manager of staff prefecture communicates monthly statement of schedules to the regional technical adviser. The latter justifies the anomalies with the management service staff of the prefecture.
This structure is completed by two declarative weekly reports, one on the planned activity for the week ahead, the other on the activity actually performed during the current week. Each social service assistant communicates these two States in the regional technical adviser the last working day of the week either by e-mail or by direct delivery.

For agents operating out of premises where automated control devices are installed, the weekly declarative statement referred by the regional technical adviser addressed by personnel of the prefecture which office social service assistant.
Regional technical advisers of social service have the option of article 10 of the Decree of 25 August 2000.
Regardless of the chosen plan: general or package plan, the regional technical advisers for social use, whenever their activity permits, the automated recording system existing on their place of residence administrative.
For regional technical advisers who receive the weekly cycle of 38 hours, every last week of the month, the Manager service from staff at the prefecture communicates monthly statement of schedules to the national technical advisor for justification of the anomalies. In this case, in addition to the automated recording of working hours, and given the large number of field missions to the administrative residence, regional technical advisers pass to the national technical advisor every Friday, by e-mail, an estimate of their schedule for the coming week and a review of their activities carried out over the past week.
For agents operating out of premises where automated control devices are installed, weekly declarative count under the national technical advisor addressed by the personnel of the prefecture which office the regional technical advisor of social service every Monday.
The Sub-Department of social action will be informed of any difficulty with the time count.
5.9 credit and debit of hours over a period of reference for the calendar month, the agents may possibly be receivable or payable a number of hours carried forward to the next month.
The credit, to a maximum of 12 hours per month, is used in the following month, after consent of the regional technical adviser, or by taking 1/2 day, at the rate of up to three that can possibly be taken in one day, either on the mobile beaches.
The maximum 4 hours will have to be resolved in the next month by an additional presence on the mobile beaches. Otherwise, it will be charged on day ARTT.
5.10. the regime of overtime overtime should remain exceptional.
For regional technical advisors of social service with the 38 hour cycle, these hours are carried out at the request of the Deputy Director of social action or national technical advisor for the social, or validated service a posteriori.
For social service assistants, these hours are carried out either at the request of the Prefect who informed the regional technical advisor of social service, either at the request of the regional technical advisor of social service who informs the prefect. They can, in an emergency, be validated by the regional technical advisor of social service which informs the relevant prefect.
Overtime count begins beyond the number of hours that the agent can sign up for its credit to postpone the next month. They are the subject of hourly compensation, which must be taken within a period of three months from the month following that in which they were made.
A derogatory title and if service needs warrant, these hours may be postponed for a further period of three months.
If no reason related to the service explained the ramifications of the hours, they will be clipped.
Each quarter, the regional technical adviser transmits to the Subdirectorate for social action an individual summary of overtime for the assistants to social service and technical advisors of social service functions of social service Wizard.
6 leave and absences 6.1. Annual leave full-time agents benefit from 27 days of annual leave to which are added 1 or 2 days additional so-called "split" (Decree of October 26, 1984) and, possibly, leave subsidized. Annual leave is to be taken before 31 January of the following year. For the year 2002, a special permission for deferral is allowed until 30 April 2003. The report will be gradually reduced in the next three years.
Holidays are a programming under the conditions set out below.
6.2 sick leave, maternity, adoption and paternity must be justified in the shortest time to the regional technical adviser, which transmits the information to the personnel office of the Department that manages the administrative agent record and the Subdirectorate for social action.
The delay in the transmission of the certificate, if it is not duly justified by the official, put him in an irregular situation.
6.3 leave of absence plan special permissions of absence is organized by ministerial circular NOR: INTA0200053C dated February 27, 2002.
These absences are excluded from the working time effective but paid and integrated in the calculation of working time.
6.4. the days RTT days RTT compensate for actual work lasting more than 1,600 hours.
For an agent working full time, the weekly cycle of 38 hours a week rise to 16 days RTT to be used in the calendar year for which they are awarded.
The days not taken on 1 January of the following year are lost, unless they are enrolled in the time savings account, at the request of the staff member concerned, within the regulatory limits.
For the year 2002, rights to update RTT are acquired as of January 1, 2002. A survey of the situation of each social service assistant will be given to the regional technical advisor of social service by each authority of employment. Where applicable, an adjustment of acquired rights in the first quarter, days RTT or overtime, may be made until 30 June 2002.
6.5 counting days RTT count sick leave, maternity, adoption, paternity for the calculation of the days RTT is specified by ministerial circular NOR: INTA0200053C dated February 27, 2002.
6.6. the time savings account officers wishing to opt for a time savings account (this) must expressly inform the administration, in accordance with the applicable regulations.
6.7 organizational modalities a quarterly programming of holidays, days of training and everyday RTT by interdepartmental team (region CTR) is required. She is arrested by the regional advisers in metropolis, in consultation with the officers and the prefect, and must ensure the continuity of the service.
A provisional table of holidays and days RTT is prepared the last month of each quarter by the CTR and passed end of each quarter to the prefect.
In case of modification, by the agent or the regional technical adviser, dates set initially for the everyday decision-making RTT, this change should be reported, to one or the other, within a period of seven days at least before the date at which this change to occur.
In exceptional circumstances, it can be derogated from in the seven day period both at the initiative of the regional technical advisor of social service agent.
6.8 days terms RTT days RTT may be taken in isolation either by 1/2 day or day or, instead, as grouped under the conditions set out below. Cumulation with the days of annual leave is compatible, provided that the absence of the service does not exceed 31 consecutive days, except for bonus leave agents.
Each agent is credited to a quarter of its days RTT at the beginning of each quarter. The days not taken in a quarter are carried over to the next quarter.
Five days RTT are taken continuously, five days are scheduled at the convenience of the agent on the periods between January 1 and April 30 and between September 15 and December 31, the other six days are available at any time, subject to the opening of the law and the needs related to the continuity of the service.
6.9. the management of absences a provisional table of absences is established by the regional advisers, social service, in consultation with the staff and the prefect, and kept up to date at all times. This table includes all absences related to the daily operation of the service (leave, ARTT, part-time, recoveries...). Each period of absence gives rise to the formal designation by the regional technical advisor of social service of one or several agents performing the same functions that provide a hotline for the temporarily vacant sector, assess the urgency of the situations and, in consultation with the regional technical advisor of social service, are supported if necessary.

In the same way, a provisional table of absences of regional advisers of social service is maintained by the national technical advisor for social service.
7 part-time part-time work is an individual working time reduction. The agent who made the choice to work part-time retains the faculty, in agreement with her supervisor (Commissioner) and subject to the requirements of service, to choose the terms of its part-time.
Passing to the ARTT results for officials working part-time by a reduction in their work and the number of days time proportional to working time RTT. The terms are set out in Schedule 3 of the ministerial circular NOR: INTA0200053C dated February 27, 2002, 8. Plan of the regional technical advisers of social service who have opted for article 10 in accordance with article 10 of the Decree of 6 December 2001 application of Decree No. 200-815 of 25 August 2000 for personal under the Directorate-General for administration, the regional technical advisers of social service, at their request, and after approval of the Deputy Director of social action benefit from a scheme of work of 208 days a year. They have 27 days of annual leave, more, if necessary, 1 or 2 days of splitting and 18 days RTT.
For the agents working part-time, the number of days RTT is prorated to the tune of their unit of work as annex 3 to the ministerial circular NOR so provides: INTA0200053C dated February 27, 2002.
Although subject to a flat-rate work, personnel under article 10 are subject to a recording of their work time to ensure compliance with the minimum guarantees laid down in article 3 of the Decree of 25 August 2000. However, such personnel will not be able to apply the regime of flexible, which makes sense for agents under an hourly count of their working time.
The competent joint administrative Committee may be referred to any dispute relating to an individual situation concerning the application of this article.
9 procedures for follow-up and amendment of this regulation a follow-up commission is implemented at the national level. It consists of representatives of personnel serving on joint technical Committee and the staff representatives sitting in two joint administrative commissions of social service and representatives of the administration.
She meets the first year at the end of the second half, to consider possible corrections to be made to the device in place. The following years, she will meet as necessary.
A review of the implementation of the ARTT will be presented annually to the Joint Technical Committee, which will be entered for all changes of this regulation.
The Monitoring Committee provided for in this paragraph will be informed regularly of the progress of the work which will be launched by the Subdirectorate for social action on the positioning of social service assistants.
This work, conducted in an interpartenarial setting, will aim to offer operational recommendations, which will be tested in the year 2003.


Done at Paris, on 26 April 2002.
For the Minister and by delegation: the Director of personnel, training and social action, Mr. Lalande

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