Key Benefits:
The Minister of Health and Social Welfare, the Minister for Public Service and Reform of the State and the Minister of Family and Children,
In the light of Law No. 83-364 of 13 July 1983, as amended bearing the rights and obligations of the Officials, together with the amended Act No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State;
Given the amended Decree No. 82-452 of 28 May 1982 relating to the Joint Technical Committees;
Vu The Order of 21 June 2004 establishing a Central Joint Technical Committee with the Director From the European and International Social Security Liaison Centre,
Stop:
A staff consultation at the European and international social security liaison centre (CLEISS) is organised, pursuant to the second paragraph of Article 11 of the aforementioned decree of 28 May 1982, in order to determine the trade union organisations to be represented on the Central Joint Technical Committee of the
. Elections shall be held within four months from the date of publication of this Order In the Official Journal.
Voters:
-employees who are active, seconded or made available to the CLEISS, excluding employees on parental leave, on parental leave or on end-of-business leave;
-Public Law Contract Agents And private law employed by the CLEISS and benefiting from an indefinite contract or recruited on a temporary basis for a minimum period of six months and whose presence in the services of the centre, appreciated at the closing date of the lists Election, shall be at least seventy hours per month, excluding officers on leave Parental leave or leave without pay.
The list of electors shall be terminated by the Director of the CLEISS. It will be posted at the institution's premises at least 15 days before the date set for the consultation.
Within eight days of the posting, electors may verify registrations and, if so, present Applications for registration. Within the same period and for three days after its expiry, claims may be made against entries or omissions on the list of electors.
The Director shall act without delay on such claims.
In the context of the consultation provided for in Article 1 of this Order, organizations may Trade unions of officials referred to in the fourth paragraph of Article 14 of the Law of 11 January 1984 referred to above.
If none of these trade unions apply, or if the number of voters, found by the electoral lists, is less than one-half of the staff to vote, it is Organised a second round to which any trade union of civil servants may participate.
For the first round, the Applications must reach the Director of the CLEISS at the latest Four calendar weeks before the date fixed for the poll.
These nomination papers may be accompanied by a profession of faith and must mention the name of a delegate, entitled to represent the trade union organisation in all Electoral operations.
Applications shall be reissued to the delegate.
In the event that a second round is required, pursuant to Article 11a, paragraph 2, of the aforementioned decree of 28 May 1982, the acts of To be submitted under the same conditions on a date fixed by the decision of the Director of the CLEISS.
Applications fulfilling the conditions laid down in Articles 4 and 5 of this Order shall be Posted on the premises of the establishment within three days after the closing date of the application referred to in Article 5.
A polling station is set up with the Director of the CLEISS.
The polling station shall observe the quorum, count the votes and declare the results.
The polling station includes a President and Secretary designated by the Center Director, and optionally a delegate from each list in the presence.
The Election operations are conducted in the workplace and during the hours of service.
The vote is held in secret ballot on acronyms and in envelopes. Ballots and envelopes shall be drawn up by the administration according to a model model.
Voting may take place By correspondence under the following conditions:
Ballots and envelopes are sent to interested parties at least two calendar weeks before the date set for the elections.
The elector inserts his or her ballot In an envelope (envelope 1). This envelope, of a model fixed by the administration, shall not bear any distinctive mention or sign. It inserts this envelope, which may not be purchased, in an envelope (envelope n ° 2) on which must include its name, first name, assignment and signature. This mandatory sealed envelope is placed in a third envelope (envelope No. 3) that it addresses by post at the polling station on which it depends.
Envelope #3 must be sent to the polling station before the closing time of the poll.
At the end of the vote, the polling station shall carry out the enumeration of the votes by correspondence. Envelopes n ° 3 and envelopes # 2 are opened. As the envelopes n ° 2 are opened, the list of electors is neat and the envelope No. 1 is placed in the ballot box containing the votes of the officers who voted directly.
Are unopened and annexed to the Envelopes No 3 reached after the closing time of the vote, the envelopes No 2 on which the name and signature of the voter are not shown, or on which the name is illegible, the number 2 envelopes reached under the Signature of the same agent, the envelopes number 1 reached in multiple numbers under the same envelope n ° 2 And envelopes no. 1 bearing a distinctive mark or sign. The names of the electors from these envelopes are not put on the voters list.
Also, without being open, the envelopes of electors who took part directly in the vote are not open. In such a case, postal voting shall not be taken into account.
The polling station shall draw up a record of the transactions in the identification of votes by correspondence. The following shall be appended to this record the envelopes that have been set apart without being opened.
The votes obtained after the above enumeration shall be returned to the persons concerned with the date and time of receipt.
The polling station shall see the number of voters from the mailing list.
If the number of voters is equal or More than half the number of registered voters, the polling station does not Time limit, at the counting of the votes.
At the counting of the votes, are not counted in the votes Validly expressed in the white papers, the ballots found in the ballot box without envelopes, the rature, shredded or marked signs of recognition, the multiple bulletins contained in the same envelope designating organizations Different union.
Minutes of the operations of Count shall be drawn up, to which the ballots shall be annexed.
The polling station shall count The total number of votes cast on the union organizations in the presence.
It determines the electoral quota by dividing the total number of votes validly cast by the number of representatives holding staff in the committee CLEISS central parity technique.
It assigns to each Organization having presented itself to the staff in consultation with as many seats as representatives of the staff as the number of votes collected by it contains the electoral quota. The seats of the permanent representatives remaining to be filled shall be allocated according to the rules of the highest average.
It shall then assign to each trade union organization a number of seats of alternate representatives equal to that of the Seats of the holding representatives obtained by that organisation pursuant to the preceding paragraph.
It shall draw up the minutes of the electoral operations on which the number of electors, the number of voters, the number of votes cast, shall be counted. Validly expressed, the number of votes and the number of votes obtained By each trade union organisation in attendance. The envelopes, apart from being open and the spoiled ballots, are annexed to this report. The polling station shall, without delay, declare the results of the consultation.
Without prejudice to the provisions of the The eighth paragraph of Article 14 of the Act of 11 January 1984 referred to above, challenges to the validity of the staff consultation shall be brought, within five days of the declaration of the results, before the Director of the CLEISS And, where appropriate, before the administrative court.
Taking into account the results of the consultation, an order of the Minister of Health and Social Welfare and the Minister of Family and Children shall determine the trade unions entitled to appoint representatives to the Joint Technical Committee of the CLEISS, as well as the number of seats to which they are entitled.
The Director of the European and International Social Security Liaison Centre is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done at Paris, June 21, 2004.
The Minister of Health
and Social Protection,
For the Minister and by delegation:
Director General,
du Staff and budget,
E. Marie
The Minister for the Public Service
and State Reform,
For the Minister and by delegation:
By preventing the Director General
from administration and the public service:
The Deputy Director,
A. Wagner
The Minister of Family and Children,
For the Minister and by delegation:
The Director General Administration,
Staff and Budget,
E. Marie
