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Summary
Application of the directive 93 /104/EC of the Council of 23-11-11-1993 concerning certain aspects of the organisation of working time. Art. 8 of Decree 2000-815 of 25-08-2000 on the development and reduction of working time in the public service of the State allows for the establishment by decree taken after the opinion of the High Council of the State Civil Service, a period of time Equivalent to the legal duration of work for bodies or jobs whose missions involve a time of presence greater than the actual working time. The operation of the Prime Minister's motor vehicle service makes it necessary to establish equivalence schedules for the employment of motor drivers who perform their duties as a team. The pace of work is marked by peaks of activity early in the morning, at lunchtime and at the end of the evening, followed by interspersed waiting periods. During these waiting periods, the drivers are in a rest room and can relax while remaining on the ministry's website. These waiting periods cannot be fully regarded as actual work, which justifies their duration being assigned a coefficient of equivalence. This is why this Order sets out the rule that drivers' attendance time, estimated at 1800 hours per year, is equivalent to an annual working time of 1600 hours. This Order also provides for a derogation concerning the daily rest period, by way of derogation from the minimum guarantees referred to in the I of Art. 3 of the aforementioned decree of 2000. The minimum daily rest period is set at 7 hours. In return, the agents shall receive, immediately after each working shift, a minimum compensatory rest period of 24 hours. The derogation from the minimum daily rest period and the establishment of equivalence schedules shall be sufficient to cover the needs of the service, taking into account the constraints associated with its proper functioning. The device also makes it possible to trace the reality of the working conditions of drivers by meeting their expectations.
Keywords
PRIME MINISTER, STATE PUBLIC SERVICE, HEADQUARTERS , CAR SERVICE, CIVIL SERVANT, STAFF, DRIVER, CHANGE IN WORKING TIME , WORKING TIME, ARTT, REDUCTION OF WORKING TIME, RTT, THIRTY-FIVE HOURS, ORGANISATION OF WORKING TIME, DAY OF WORK, REST, MINIMUM REST, WEEKLY WORKING WEEK , LAST, MINIMUM GUARANTEE
JORF n ° 105 of 5 May 2002 page 8601
text n ° 9
Decree No. 2002-765 of 3 May 2002 on the hours of equivalence and derogations from the minimum guarantees of working hours and rest periods applicable to the employment of drivers performing their duties in Team in Prime Minister's services NOR: PRMX0200040D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/5/3/PRMX0200040D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/5/3/2002-765/jo/texte
The Prime Minister,
On the Minister's report The economy, finance and industry and the Minister for Public Service and the reform of the state,
Having regard to Council Directive 93 /104/EC of 23 November 1993 on certain aspects of the organisation of working time;
In view of the 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 Articles 3 and 8 thereof;
In view of the opinion of the Joint Technical Committee of 28 January 2002 ;
In view of the opinion of the State Civil Service Council of 12 February 2002;
The Conseil d' Etat (Finance Section) heard,
Describes:
Article 1
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The presence of the Prime Minister's service drivers, assigned to the transport of persons and performing their duties as a team, is 1,800 hours per year.
This duration is equivalent to an effective annual working time of 1 600 hours.
Article 2
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For the organisation of the work of the agents referred to in Article 1, and by derogation from the minimum guarantees laid down in Article 3 of the Decree of 25 August 2000 referred to above, the minimum daily rest shall be fixed at 7 Hours.
During a work day, the time spent driving vehicles cannot exceed 8 hours.
Item 3
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The agents referred to in Article 1 shall, in return for their duties, benefit from a minimum compensatory rest period of 24 hours after each daily period of work.
Article 4
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The Minister of Economy, Finance and Industry, the Minister for Public Service and State Reform and the Secretary of State for the Budget are responsible, as far as they are concerned, for the implementation This Order, to be published in the Official Journal of the French Republic.
Done at Paris, May 3, 2002.
Lionel Jospin
By the Prime Minister:
Minister of Economy,
Finance and Industry,
Laurent Fabius
Public Service Minister
and state reform,
Michel Sapin
Budget Secretary,
Florence Parly
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