Key Benefits:
Prime Minister,
On the report of the Minister of Economy, Finance and Industry, Minister of Agriculture, Food, Fisheries and rurality and the Minister Delegate to the Budget and Budget Reform, Government Spokesperson,
Given the Rural Code;
In the light of the Decree-Law of 30 June 1935 on the defence of the wine market and the economic regime of Alcohol establishing the National Institute of Appellations of Origin, wines and spirits;
In light of Decree No. 83-1267 of 30 December 1983 on the status of staff of offices established under Article 1 of Act No. 82-847 of 6 October 1982 on the establishment of intervention offices in the agricultural sector and The organisation of the markets and the staff of various public establishments under the Ministry of Agriculture;
Given the amended Decree No 84-38 of 18 January 1984 establishing the list of public establishments of the State of character Administrative provision under Article 3 of Law No. 84-16 of 11 January 1984;
Given the amended Decree No. 86-83 of 17 January 1986 on general provisions applicable to non-state agents of the State;
In view of the opinion of the Technical Committee Inter-institutional parity as of April 14, 2005,
Clipping:
The third paragraph of Article 41 bis (1 °) of the Decree of 30 December 1983 is replaced by the following:
" The duration of the making available shall not exceed three years renewable. "
Section 41 bis (2 °) of the Order is replaced by the following:
" The position of the lay-off of a statutory agent for employment in the administration of the State, a territorial community or a public institution shall be organised in accordance with the following procedures:
The lay-off agent is placed out of its category of origin and continues to benefit from its promotion and retirement rights.
Lay-off is granted for up to five years
In this position, the agent is subject to the lay-off rules. He shall receive the remuneration for such employment. He retains the rating he had acquired before being placed in that position.
When he seeks reinstatement or the renewal of his lay-off, the officer must request it by registered letter to the Director of Establishment at least three months before the expiry of the current period of availability, or as soon as it becomes aware that the hosting structure decides to terminate its commitment.
Upon the expiration of its lay-off, the agent Is reassigned in his or her employment or in a job that his or her class is entitled to Occupy in the home institution. Where no employment is vacant, the officer is either retained in excess of his or her original institution, a number who must be returned to the first vacancy in the officer's category of origin, or, with his or her agreement, is reinstated on a post Declared vacant at one of the establishments referred to in Article 1.
If the officer seeks reinstatement before the term fixed by the lay-off decision, unless that request is the result of the termination of the appointment in the host structure, The officer is kept on standby until his or her reinstatement to One of the first three vacancies in its category.
The officer who successively refuses three positions may be dismissed after the opinion of the Joint Inter-Institutional
. Failure to take into account positions that are not located in the agent's department of residence or in a boundary department.
The lay-off of a statutory officer to hold a job in an organization that provides a Mission of general interest may be granted at the request of the agent for a duration Up to two years, renewable twice. The officer may apply for reinstatement to the director of the central agency of agricultural intervention agencies two months before the expiry of the current period of availability. "
Minister of Economy, Finance and Industry, Minister of Agriculture, Food, Fishing and Rural Affairs and Associate Minister The budget and budgetary reform, a spokesman for the Government, shall each be responsible for the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, May 27, 2005.
Jean-Pierre Raffarin
By the Prime Minister:
Minister of Agriculture, Food,
de la pêche et de la ruralité,
Dominique Bussereau
Minister of Economy,
Finance and Industry,
Thierry Breton
The Minister Delegate to the
Budget and Budget Reform,
Government Spokesperson,
Jean-François Copé
