Key Benefits:
The Prime Minister,
On the report of the Minister of Employment and Solidarity and the Minister of Health,
In the light of Law No. 83-634 of 13 July 1983 as amended bearing the rights and obligations of civil servants ;
In the light of the amended Act No. 86-33 of 9 January 1986 laying down statutory provisions relating to the hospital public service, in particular Article 69 thereof;
In light of Decree No. 89-241 of 18 April 1989, amending the special statutes of the Health care aides and qualified hospital officials of the hospital public service;
Given the amended Order in Council No. 90-839 dated September 21, 1990, amending the specific statutes of the administrative staff of the Public Service Hospital;
In light of the amended Order No. 91-45 dated January 14, 1991, amending the specific statutes of workers, drivers of motor vehicles, ambulance drivers, and public service safety and maintenance workers Hospital;
In light of the amended Decree No. 91-129 of 31 January 1991 on the special status of psychologists in the hospital public service;
In the light of Decree No. 91-868 of 5 September 1991, amending the personal status of staff Hospital public service techniques;
Given the opinion of the Hospital Public Service Board of Governors as of April 3, 2002;
The Conseil d' Etat (social section) heard,
Décrète:
I. -As from 1 January 2002, the advancement of rank within the bodies of the hospital public service is, in the establishments mentioned in Article 2 of the abovementioned Act of 9 January 1986, and where the particular statutes so provide, Determined annually by a promotion ratio set by an order of the Minister of Employment and Solidarity and the Minister of Economy, Finance and
. -This ratio applies to the number of employees who meet the conditions for advancement of rank as of December 31 of the year preceding the year in which the appointments are made. It shall be determined by holding the opposite of the difference between, on the one hand, the average total career time of the grade of employees promoted to reach the last step (D), plus 50 % of the penultimate step (d), And, on the other hand, the average duration of each special status to be promoted to the higher grade (A), or 1/([D + d] -A).
III. -When the number of promotions so calculated is not an integer, the decimal is added to the number calculated for the next year. However, where the method of calculation leads to not making an appointment for two consecutive years, an appointment in the grade of promotion may be pronounced in the third year. In this case, the cumulation of decimals is not carried forward the following year.
The first paragraph of Article 6 of the Decree of 31 January 1991 referred to above:
" Under the conditions laid down in Article 69 (1) of the aforementioned Law of 9 January 1986, the normal class psychologists who have reached the 7th echelon in that grade shall be able to access the off-class. The number of promotions in the rank of non-class psychologist shall be calculated each year, in each establishment, under the conditions laid down in Article 1 of Decree No. 2002-782 of 3 May 2002.
Sections 8, 17, 21, 26 and 31 of the said Decree of September 21, 1990 are amended as follows:
I.-The last paragraph of I of Article 8 is Thus written:
" The number of promotions in the rank of assistant of exceptional class hospital executives shall be calculated each year, in each establishment, under the conditions laid down in Article 1 of Decree No. 2002-782 of 3 May 2002 " ;
II. -The last paragraph of Article 8 reads as follows:
" The number of promotions in the rank of assistant to senior hospital executives shall be calculated each year, in each establishment, under the conditions laid down in Article 1 of Decree No. 2002-782 of 3 May 2002 " ;
III. -The second paragraph of Article 17 reads as follows:
" The number of promotions in the grade of chief administrative officer shall be calculated each year, in each establishment, under the conditions laid down in Article 1 of Decree No. 2002-782 of 3 May 2002 " ;
IV. -The last paragraph of I of Article 21 reads as follows:
" The number of promotions in the grade of medical secretary of exceptional class shall be calculated each year, in each establishment, under the conditions laid down in Article 1 of Decree No. 2002-782 of 3 May 2002 " ;
V.-The last paragraph of Article 21 is worded as follows:
" The number of promotions in the grade of senior medical secretary shall be calculated each year, in each establishment, under the conditions laid down in Article 1 of Decree No. 2002-782 of 3 May 2002." ;
VI. -The third paragraph of Article 26 reads as follows:
" The number of promotions in the rank of auxiliary permanent medical regulatory authority shall be calculated each year, in each establishment, under the conditions laid down in Article 1 of Decree No. 2002-782 of 3 May 2002 " ;
VII. -The third paragraph of Article 31-I reads as follows:
" The number of promotions in the rank of chief of the main telephone standard shall be calculated each year, in each establishment, under the conditions laid down in Article 1 of Decree No. 2002-782 of 3 May 2002 ".
Articles 4, 4-1, and 15 of the Decree of 18 April 1989 are amended as follows:
I.-The second sentence of Article 4 is thus Written: " The number of promotions in the grade of upper-class caregiver shall be calculated each year, in each establishment, under the conditions laid down in Article 1 of Decree No. 2002-782 of 3 May 2002 " ;
II. -The second paragraph of Article 4.1 reads as follows: The number of promotions in the rank of exceptional class caregiver shall be calculated each year, in each establishment, under the conditions laid down in Article 1 of Decree No. 2000-782 of 3 May 2002. "
III. -The second and third paragraphs of Article 15 read as follows: The number of promotions in the grade of a qualified hospital services officer of the 1st category shall be calculated each year, in each establishment, under the conditions laid down in Article 1 of Decree No. 2000-782 of 3 May 2002. "
Article 18 of the Decree of 5 September 1991, as amended, is amended as follows:
I.-The last paragraph Section 18 of the Act reads as follows: The number of promotions in the rank of chief designer shall be calculated each year, in each establishment, under the conditions laid down in Article 1 of Decree No. 2000-782 of 3 May 2002. "
II. -The last paragraph of Article 18 of the II is worded as follows: The number of promotions in the rank of group leader shall be calculated each year, in each establishment, under the conditions laid down in Article 1 of Decree No. 2000-782 of 3 May 2002. "
Sections 29, 30 and 53 of the Amended Decree of 14 January 1991 are amended as follows:
I.-Le The second paragraph of Article 29 reads as follows: The number of promotions in the grade of motor driver of first category shall be calculated each year, in each establishment, under the conditions laid down in Article 1 of Decree No. 2000-782 of 3 May 2002. "
II. -The second paragraph of Article 30 reads as follows: The number of promotions in the grade of non-category motor driver shall be calculated each year, in each establishment, under the conditions laid down in Article 1 of Decree No. 2000-782 of 3 May 2002. "
III. -The second paragraph of Article 53 reads as follows: The number of promotions in the grade of qualified maintenance officer shall be calculated each year, in each establishment, under the conditions laid down in Article 1 of Decree No. 2000-782 of 3 May 2002. "
An evaluation of the device implemented for the year 2002 for the bodies mentioned in the Sections 2 to 6 of this Order. This assessment is presented to the Senior Council of the Hospital Public Service.
As a result of this evaluation, this device can be extended from the year 2003 to the full range of grades in the body of the function Hospital public whose special status provides for a quota for access to the higher grades
Exceptionally and by way of derogation from the provisions of Article 1 of this Decree:
I.-At least one appointment shall be made, in 2002, in each institution Advanced grade promotions pursuant to sections 2 to 6 of this Order.
II. -The ratio provided for in Article 1 of this Decree may, as a transitional measure in 2002 and 2003, be increased, in accordance with the demographic situation of the ranks concerned, assessed in each institution as at 31 December 2001, taking into account, Date, the importance of the number of officers classified at the last step of their rank and the duration of their appointment at that level. An order of the Minister for Employment and Solidarity and the Minister for the Economy, Finance and Industry shall fix the bodies and grades concerned and the majorities and their conditions of application.
The Minister of Economy, Finance and Industry, the Minister of Employment and Solidarity, the Minister of Health and the Secretary of State for Budget shall each be responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic
Done at Paris, on 3 May 2002.
Lionel Jospin
By the Prime Minister:
The Minister of Employment and Solidarity,
Elisabeth Guigou
The Minister of the Economy,
Finance and Industry,
Laurent Fabius
Associate Minister of Health,
Bernard Kouchner
Budget Secretary,
Florence Parly
