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Decree No. 2007-839 Of 11 May 2007 Concerning The Particular Status Of The Body Of Educational Frameworks Of The Public Hospital Service

Original Language Title: Décret n° 2007-839 du 11 mai 2007 portant statut particulier du corps des cadres socio-éducatifs de la fonction publique hospitalière

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Keywords

SANTE , PUBLIC HEALTH, PUBLIC SERVICE HOSPITAL, STAFF, HOSPITAL STAFF, EXECUTIVE , SOCIO-EDUCATIVE FRAMEWORK, SPECIAL STATUS, RECRUITMENT, COMPETITION, POSITION , DETACHING, INTEGRATION, TENURE, REINTEGRATION, PROCESSING, REMUNERATION , INDEX, INDEX, ADVANCEMENT, CAREER IMPROVEMENT


JORF n ° 111 of May 13, 2007 page 0
Text n ° 23



Decree n ° 2007-839 of 11 May 2007 on the special status of the body of frames Socio-educational hospital public service

NOR: SANH0721624D ELI: https://www.legifrance.gouv.fr/eli/decret/2007/5/11/SANH0721624D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2007/5/11/2007-839/jo/texte


Prime Minister,
On the report of the Minister of Health and solidarity,
Given the code of social action and families;
Given the code of public health;
Law No. 83-634 of 13 July 1983 amending the rights and obligations of civil servants as a whole Act No. 86-33 of 9 January 1986 amended laying down statutory provisions relating to the hospital public service;
Having regard to Decree No. 2002-616 of 26 April 2002 on the national directory of professional qualifications;
Given the decree n ° 2004-289 of 25 March 2004 establishing the Certificate of Fitness for the Coaching Functions and Head of Social Work Unit;
In the light of Decree No. 2007-196 of 13 February 2007 on the equivalence of diplomas required to present themselves to the Competition for access to public service bodies and jobs;
Given the opinion of the Senior Council of the Hospital Public Service of 15 November 2006;
The Conseil d' Etat (social section) heard,
Décrète:

  • TITLE I: GENERAL PROVISIONS Article 1


    This Decree applies to socio-educational frameworks in accordance with The establishments mentioned in Article 2 of the aforementioned Act of 9 January 1986. They constitute a body classified in category A.

    Article 2


    The body of the socio-educational settings comprises the rank of frame Socio-educational institution with six levels of socio-educational executive.

    Article 3


    Agents of the Grade of a socio-educational framework carries out duties corresponding to their qualification and consisting in the supervision of the educational and social staff of a unit or
    . Responsible for the organization and operation of the social service or educational service of this unit or institution.
    They are involved in the development of the project of the unit or institution, as well as social projects and
    They participate in the definition of the guidelines for working with families and institutions.
    Each year, they submit to the Director of the institution the activity report of the socio-educational service of The unit or establishment.

    Article 4


    The officers of the above grade of socio-educational executive perform corresponding duties To their qualifications and to supervise junior officers or educational and social personnel on duty in an institution, or to direct one or more units of an institution.
    Reporting to the Director They are responsible for the organization and operation of the social service and the educational service of the institution.
    They are involved in the development of the school project as well as social and educational
    . Submit each year to the Director of the establishment a report on the activities of the socio-educational service.
    They may be responsible for joint missions to several services or projects within the institution

  • TITLE II : RECRUITMENT TERMS Article 5


    The socio-educational frameworks are recruited from each institution:

    1 ° For 75 % of the Posts to be filled, by competition on internal titles supplemented by an oral admission test open to officials or non-incumbent agents of the institutions mentioned in Article 2 of the aforementioned Law of 9 January 1986, of the State, of the Communities And their public institutions, which have the quality of socio-educational assistants, social and family economy counsellors, specialized technical educators, young children's educators. In order to be a candidate, the agent must justify on 1 January of the year the competition of at least five years of effective services in one or more of the above-mentioned bodies or functions, without having regard to the periods of training or training in a school or Establishment opening access to a grade of the civil service;
    2 ° For 25 % of the posts to be filled, by competition on external titles supplemented by an oral admission test open to the candidates holding the diplomas or qualifications required to be Recruited into the body of socio-educational assistants, social and family economy counsellors, specialised technical educators and young children's educators.
    The candidates referred to in the 1 ° and 2 ° must also be holders of the Certificate of fitness for the duties of supervision and head of a social intervention unit established by the decree of 25 March 2004 mentioned above, or of another qualification recognised as equivalent by the committee established by Article 8 of the Order dated February 13, 2007.
    The positions offered to each of these two competitions which would not have been filled by the appointment of the candidates in the corresponding competition can be awarded to the candidates in the other competition. This deferral cannot, however, result in the number of positions filled by the closed competition less than two-thirds of the total number of positions available in both competitions.
    A minister responsible for health sets the rules The composition of the Selection Boards and the arrangements for the organisation of competitions, in particular those relating to the advertising of notices of opening.
    Depending on the number of posts to be filled, competitions may be open and organised in accordance with the rules Provided for in the second paragraph of Article 30 of the aforementioned Law of 9 January 1986.

    Article 6


    Category B officials appointed In the body of socio-educational executives are classified at the first step of the body of socio-educational executives or at the level with an equal index or, failing that, immediately higher than the one they enjoyed in their bodies, framework Employment or employment of origin.
    When this classification scheme does not provide them with an increase in salary equal to or greater than that which they would have obtained through a step-up in their previous situation, they retain Seniority acquired in their previous rank, within the limit required for advancement in their new corps.
    Agents appointed as they reached the terminal step of their previous rank retain their seniority Level, under the same conditions and limitations, where the increase in salary resulting from their appointment is less than that resulting from the last increment in their original grade.

    Article 7


    Socio-educational executives who, prior to their recruitment, were employed and paid in functions corresponding to those of the framework Socio-educational, as an official or public official or an employee in a health care institution or in a social or medico-social institution, public or private, shall receive, upon appointment, an increase in seniority equal to the All the services mentioned above, provided that they justify the possession of the titles, diplomas or authorisations required for the performance of their previous duties. The request for a return of seniority, together with the necessary supporting documents, must be submitted within six months from the date of the appointment. This bonus can only be awarded once during the career of the interested parties.

    Article 8


    The duration of the traineeship planned for Article 37 of the aforementioned Act of 9 January 1986 is set at twelve months. It may be extended, on an exceptional basis, for a period not exceeding twelve months, by the Appointing Authority. The appointment is made by the same authority.
    The officer who cannot be appointed is either reinstated in his or her body of origin if he was a hospital official, or made available to his or her administration if he or she was a civil servant. The State or territorial official, or dismissed.
    The period completed as a trainee shall be taken into account in the age of one year only

  • TITLE III: ADVANCEMENT AND DETACHMENT Article 9


    In the grade of the socio-educational framework, the average age giving access to the upper echelon is one year in the 1st step, Two years in the 2nd and 3rd echelons, three years in the 4th and 5th echelons, four years in the 6th and 7th echelons.

    Article 10


    In the senior socio-educational level, the average age giving access to the upper echelon is two years in the 1st echelon and three years in the 2nd, 3rd, 4th and 5th echelons.

    Article 11


    The grade of senior socio-educational executive is accessible by professional competition under the conditions set out in the 3 ° of article 69 of the law of 9 January 1986, open, in each institution, to socio-educational managers with at least three years of effective service in the grade of socio-educational framework.

    An order of the Minister responsible for health sets out the rules for the composition of the jury and the Arrangements for the organisation of competitions.

    Article 12


    For the purposes of Article 11, above, shall not be considered as Actual services in the body of the socio-educational frameworks the services taken into account in respect of the seniority bonus provided for in Article 7 of this Decree.

    Article 13


    Can be detached into the body and grade of socio-educational framework, equal or, if not immediately superior, officials belonging to a body or frame Employment or occupation classified in the same category, performing work of equal value, justifying diplomas and qualifications required for access to the body of socio-educational executives, holders of a grade or employment whose terminal crude index is At least equal to 780.
    seconded officials shall retain, within the time limit of the average seniority required for advancement in their new grade, seniority acquired in their previous rank when the Secondment does not give them a greater advantage than that which would have resulted from a career progression in their bodies, jobs or employment of origin.
    seconded officials contribute to the advancement of the level and grade with the Civil servants. They may, after two years, be integrated, upon their request, into the body of the socio-educational frameworks after the opinion of the Joint Administrative Committee. Integration shall be pronounced by the Appointing Authority at the level attained in the grade of the socio-educational framework with the retention of seniority acquired at the level

  • TITLE IV: TRANSITIONAL Article 14


    Incumbents and trainees in the socio-educational body at the date of publication of this Order is reclassified according to the following table:


    You can view the table in OJ
    No 111 of 13/05/2007 text number 23



    Article 15


    Persons with a degree in Social Work who have graduated prior to the date of publication of this Order have full access Open competitions for the recruitment of the socio-educational executives of the hospital public service.
    Recruitment transactions by way of competition for which the opening of the competition was published before the publication of the This Order, which is organized pursuant to the provisions previously in force, shall be continued to the end in accordance with these provisions.
    It follows from the progress tables established before the publication of this Decree.

    Article 16


    Decree No. 93-651 of 26 March 1993 on the special status of the socio-educational frameworks of the function Hospital public is repealed.

    Section 17


    The Minister of Economy, Finance and Industry, the Minister of the Public, the Minister of Health and Solidarity and the Minister responsible for the budget and the reform of the State, a spokesman for the Government, shall each have responsibility for the implementation of this Decree, which shall be published in the Journal Official of the French Republic


Done at Paris, May 11, 2007.


Dominique de Villepin


By the Prime Minister:


The Minister of Health and Solidarity,

Philippe Bas

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


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