Key Benefits:
The Prime Minister,
On the report of the Minister of Health and Solidarities,
In view of the code of defence, in particular Articles L. 4139-1 to L. 4139-4;
Given the amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, together with Act No. 86-33 of 9 January 1986, as amended Statutory provisions relating to the hospital public service;
Having regard to Decree n ° 2004-448 of 24 May 2004 laying down general provisions concerning the situation and the procedures for classifying nationals of the Member States of the European Community or another State Party to the Agreement on the European Economic Area, appointed in a body of the hospital public service;
Having regard to Decree No. 2006-227 of 24 February 2006 concerning the organisation of careers in the Category C hospital officials;
In light of Decree No. 2006-228 of 24 February 2006, as amended by Decree No. 2007-838 of 11 May 2007, establishing different pay scales for category C hospital officials;
Vu The opinion of the Board of Governors of the hospital public service as of November 15, 2006;
The Conseil d' Etat (social section) heard,
Describes:
Article 1 of Decree No. 2006-227 of 24 February 2006 is replaced by the following:
" Article 1. -I.-The provisions of this Decree shall apply to hospital officials appointed in Category C bodies, subject to the application of the more favourable provisions laid down by the special statutes of such
. II. -The grades classified in pay scales 3, 4 and 5 created by Decree No. 2006-228 of 24 February 2006, as amended by Decree No. 2007-838 of 11 May 2007, establishing different scales of remuneration for hospital officials Category C and the unique rank of the body of the workshop monitors each have eleven levels.
" III. -The grades classified in the scale 6 of remuneration created by the decree of 24 February 2006 consist of 7 echelons as well as a special level reserved for bodies falling within the working and technical sector. "
Section 2 of the Order is replaced by the following:
" Art. 2. -I.-The average duration and minimum duration of time spent in each of the ranks of grades and jobs classified in pay scales 3, 4 and 5 of category C are fixed as follows:
You can Consult the table in OJ
No 111 of 13/05/2007 text number 20
" II. -The average duration and minimum duration of time spent in each step of the grade and employment classified in the category C pay scale shall be fixed as follows:
You can consult the table in OJ
No 111 of 13/05/2007 text number 20
" III. -For bodies equipped with the special echelon in the grade and employment classified in the scale 6 of remuneration referred to in Article 1, the average duration of the 7th echelon shall be set at four years and the minimum duration shall be three years. "
Section 3 of the Order is replaced by the following:
" I.-Category C officials with degrees with pay scales 3, 4 and 5 who are classified by the application of the statutory rules at one of the grades on the same scales and the workshop monitors are Maintained in their new grade at the level at which they had reached their previous rank by retaining, within the average length of service required for access to the upper echelon of the new grade, the seniority Had acquired in their previous rank.
" II. -Category C officials holding a grade with a scale of 5 pay who are promoted in a grade with a salary scale of 6 shall be classified at the level with an equal index, or, failing that, immediately above The one they held in their previous rank. Within the limit of the average duration of the level of the new grade, they shall retain the seniority of echelon which they had acquired in their previous grade when the increase in salary resulting from that promotion is less than that which would have been As a result of a step-level advancement in the previous rank or as a result of their appointment to the step, if it was the highest of the latter grade. "
In the same decree, an article 3-1 reads as follows:
" Article 3-1. -The provisions of the third paragraph of Article 1, II and III of Article 2 and II of Article 3 above supersede the classification provisions in the highest grade of civil servants' bodies Of category C in all the statutory decrees governing them when that grade is situated above the scale of 5 and abrogate those provisions fully. In the same statutory decrees, classification is no longer made in the highest grade of category C, the classification being replaced by the classification made pursuant to this Decree. "
I. -In Article 4 of the same Decree, the first paragraph shall be preceded by the figure " I ".
II. -Added a II as follows:
" II. -Members appointed to a category C hospital staff at one of the grades with pay ranges 3, 4, 5 or 6 shall be classified in that body in accordance with Articles L. 4139-1 to L. 4139-4 of the Code of Defence and to the Orders made pursuant to these sections. "
In the I of section 5 of the Order, the following paragraph is added:
" The resumption of three-quarters of the previous services referred to in the preceding paragraph shall apply to former civil servants and former members appointed in a body of Category C hospital officials governed by this Decree If it is not possible to apply Article 4 II. "
A section 6 of the Order is added the following paragraph:
" When classifying in a body of category C hospital officials carried out pursuant to Articles 3, 4 and 5, the same period of activity may be taken into account only once. "
In section 7 of the Order, is inserted a second paragraph worded as follows:
" The same applies to the members referred to in Article 4 II and to former civil servants and former members of the military referred to in Article 5. "
It is inserted in the same order an article 7-1 written as follows:
" Art. 7-1. -Nationals of other Member States of the European Community or of another State Party to the Agreement on the European Economic Area which justify, before their appointment in a category C hospital officials, The exercise of the activities defined in II of Article 5 may, under the same conditions as those provided for in Article 6, choose to apply the provisions of one of Articles 3 to 5 rather than for the application of the provisions of the decree of 24 May 2004) laying down general provisions on the situation and procedures for the classification of nationals of the Member States of the European Community or of another State Party to the Agreement on the European Economic Area, appointed in a The hospital public service. "
In the same order, an article 12-1 reads as follows:
" Art. 12-1. -I.-Category C hospital officials belonging to a body with the highest grade with 3 levels and who have attained that grade shall be reclassified to the grade with scale 6 in accordance with the following table:
You can view the table in OJ
No 111 of 13/05/2007 text number 20
" II. -Category C officials belonging to a body with the highest grade with 6 levels and who have attained that grade shall be reclassified to the grade with scale 6 in accordance with the following table:
You Can view the table in OJ
No 111 of 13/05/2007 text number 20
Done at Paris, 11 May 2007.
Dominique de Villepin
By the Prime Minister:
The Minister of Health and Solidarity,
Philippe Bas
The Minister of Economy,
Finance and Industry,
Thierry Breton
The Minister of the Public Service,
Christian Jacob
The minister delegated to the
budget and state reform,
spokesman for the Government,
Jean-François Copé
