Advanced Search

Decree No. 2002-856, May 3, 2002 On Compensation Of The Personnel Of The Unit Home, Monitoring And Storage Of The Ministry Of Culture And Communication And Cultural Services And Buildings Of Franc Technicians...

Original Language Title: Décret n° 2002-856 du 3 mai 2002 relatif à l'indemnisation des personnels des corps d'accueil, de surveillance et de magasinage du ministère de la culture et de la communication et des techniciens des services culturels et des Bâtiments de Franc...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Learn more about this text ...

Text Information

Summary


Government Desired The opening of museums and heritage institutions on statutory holidays, when traditionally closed, in the early 1980s. The Ministry of Culture and Communication has thus granted, in management, a system of compensation to the voluntary agents equivalent to 13 hours on the basis of the calculation of Decree 50-1248 of 06-12-1950 on the new regime of Hourly allowances for additional work, plus additional hours of two-thirds. In the interests of fairness, 11 hours were granted to staff on statutory holidays during which museums were closed to the public. However, these hours are integrated into the working cycle of the staff concerned. Indeed, in practice, the working time of monitoring agents in museums is planned over 365 days, with museums being kept open or closed. Thus, if the officers are deemed to be on a holiday, they may opt out of the duty of service and carry forward the corresponding effective working time in order to carry out the 1512 hours defined in the ARTT Memorandum of Understanding. In order to complete the teams, non-scheduled agents on the schedule can volunteer, so they can recover a day and are compensated according to the terms above. In any event, agents perform an additional 1512 hours of overtime worked under conditions other than public holidays. There is no additional time, in practice, as a result of the recovery of working time by the voluntary agents. The operative part of Decree 2002-60 of 14-01-2002, which repeals the operative part of Decree-Law 50-1248, is not applicable and the Ministry of Culture reiterates its commitment to the philosophy which prevalue to the drafting of the text which is intended not to force Unrealized overtime and, therefore, for the following reasons: - Officers perform at most 8:30 a.m. and are compensated 11 or 13 hours; - Volunteer agents have hourly compensation, which is contrary to the provisions of s. 3 of the decree 2002-60. However, the agents are attached to these financial and hourly compensation, if any, which do not call into question their annual working time and who have satisfied the administration and the agents when it has acted to offer a new service To the public. The Ministry of Culture and Communication therefore proposes a compensation text creating a special hardship allowance for service made on a public holiday. This allowance corresponds to 3, 59 thirtieth of the monthly gross remuneration of the agents concerned, when the museum or heritage institution is closed to the public; an increase of 18 % is granted when the latter is open. Application of Art. 1 of Order in Council 2000-815. Effective 01-01-2002.

Keywords

CULTURE, COMMUNICATION, PUBLIC SERVICE OF THE STATE , HEADQUARTERS, CULTURAL SERVICE, FRANCE, TECHNICIAN, PERSONNEL , BODY OF RECEPTION, BODY OF SUPERVISION, SHOPPING CORPS, WORKING TIME, TIME OF WORKING, ARTT, REDUCTION OF WORKING TIME, RTT, THIRTY-FIVE HOURS, ORGANISATION OF TIME WORK, DAY OF WORK, REST, MINIMUM REST, WEEKLY WORKING WEEK, DAY TO DAY WORK , COMPENSATION, COMPENSATION FOR DAY SERVICE, ATTRIBUTION, RATE, BENEFICIARY



JORF n ° 105 May 5, 2002 Page 8885
text n ° 317




Decree No. 2002-856 of 3 May 2002 on Compensation for the staff of the receiving, monitoring and shopping corps of the Ministère de la culture et de la communication et des techniciens des services culturels et des Bâtiments de France carrying out their service on a holiday

NOR: MCCB0200327D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/5/3/MCCB0200327D/jo/texte
Alias: Https://www.legifrance.gouv.fr/eli/decret/2002/5/3/2002-856/jo/texte


The Prime Minister,
On the report of the Minister of Economy, Finance and Of the Industry, the Minister of Culture and Communication and the Minister for Public Service and State Reform,
In the light of Law No. 83-634 of 13 July 1983 as amended relating to the rights and obligations of civil servants, together with the law N ° 84-16 of 11 January 1984 as amended laying down statutory provisions relating to the public service of the State;
Given the amended Decree No. 93-1240 of 17 November 1993 establishing the body of technicians for cultural services and buildings Of France and laying down the statutory provisions applicable to this body;
Given the amended Decree No. 95-239 of 2 March 1995 on the special status of the receiving, monitoring and shopping corps of the Ministry responsible for culture;
Decree No. 2000-815 of 25 August 2000 on the development and reduction of working time in the public service of the State;
Having regard to Decree No. 2002-60 of 14 January 2002 on hourly allowances for additional work;
Vu Decree No. 2002-857 of 3 May 2002 on the regular Sunday work allowance that may be allocated to certain personnel of the Ministry of Culture and Communication,
Decorated:

Item 1
The staff of the reception, surveillance and shopping corps of the Ministry of Culture and Communication and the technicians of the cultural services and the buildings of France of the specialty Supervision and reception which carry out their service on a holiday in connection with the annual working hours laid down in Article 1 of the decree of 25 August 2000 referred to above may receive an allowance for a holiday service which is not subject to deduction.
For the purposes of this Order, the Sundays of Easter and Pentecost and all other holidays, including when they coincide with a Sunday, are considered public holidays.

Item 2 Read more about this Article ...


The daily amount of the holiday allowance provided for in Article 1 above shall be equal to the 3.59 thirtieth of the monthly gross salary of the agent, but not exceeding 3.59 thirtieth The monthly gross salary associated with the maximum index of a Category C agent, when the establishment or service is closed to the public. The daily amount thus obtained shall be increased by 18 % when the establishment or service is open to the public.

Article 3 Learn more about this Article ...


Payment of the holiday service allowance is subject to automated control, the implementation of which will occur no later than January 1, 2004. Prior to this implementation, control will be carried out on the basis of a declaratory statement.
On sites where the staff of the agents liable to receive this allowance is less than 10, the declaratory statement may continue beyond this Date.

Item 4 Read more about this Article ...


The compensation for holiday service shall be exclusive of any other compensation in the same way, including hourly allowances for additional work provided for in the aforementioned Decree of 14 January 2002 and of The regular Sunday work allowance provided for in the aforementioned decree of 3 May 2002.

Article 5 Learn more about this Article ...


The Minister of Economy, Finance and Industry, the Minister of Culture and Communication, and the Minister for Public Service and State Reform are responsible for each Concerning the execution of this Decree, which shall be published in the Official Journal of the French Republic and shall take effect from 1 January 2002.


Done at Paris, 3 May 2002.


Lionel Jospin


By the Prime Minister:


Minister of Culture

and Communication,

Catherine Tasca

The Minister of the Economy,

Finance and Industry,

Laurent Fabius

The Minister of the Public Service

and state reform,

Michel Sapin


Download document in RTF (weight < 1MB) Facsimile (format: pdf, weight < 3.5 MB) Download the document in RDF (format: rdf, Weight < 1 MB)