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Abstract

Application of Art. 15 of Decree 90-939 of 17-10-990. The Memorandum of Understanding, signed on 14-03-2001 by the Minister of Employment and Solidarity with 5 trade union organisations in the hospital public service, and the texts taken for its application published last December, providing for Measures of index recovery and improvement in career development, have introduced large gaps between the hospital public service and the territorial civil service, particularly with regard to midwives. However, differences in statutory treatment cannot go beyond recognition of functional differences and responsibilities if we are to maintain the attractiveness of the territorial employment framework and promote, as it is effectively Desirable, mobility between these two public functions. In order to ensure the recognition of the missions of these territorial officials, therefore, it is proposed that the use of midwifery measures for the revaluation of remuneration and career progression on bases be granted to midwives. The purpose of this Order is to restructure the employment framework of midwives into 3 new grades: -the first 2 grades will be assigned identical index scales to those of the hospital midwives of the first 2 classes and, respectively, between the gross indices 379 and 710 and the raw indices 515 and 760; - the staggering Index of the new 3rd grade will culminate in the gross index 850, corresponding to the last step of the senior level midwife of the hospital public service. At the same time, midwives in the 3rd grade and carrying out the functions of the 3rd degree midwifery coordinator will benefit from a new index bonus of 35 percentage points. In the case of access to the framework of employment and tenure, the seniority bonus scheme taking into account the holding of the State diploma of midwifery is now entitled to 3 years' service instead of 2 years. In addition, midwifery services carried out in a public or private health care facility are taken up as a whole in terms of classification in the context of employment and not only for 4 years. A transitional arrangement will open up to the agents already in office, to which these services would not have been fully taken up the possibility of being reclassified taking account of the balance of services not taken into account; - the conditions for advancement in the second A grade of 25 % to 30 % of the quota is changed and will open up to normal-class midwives who have completed at least 8 years of effective service. For the promotion to the 3rd grade of the exceptional class midwife, the quota is increased from 7 % to 25 %. The conditions for promotion are not changed as regards the advancement of the choice (3 years of effective services in the 2nd grade). At the same time, the path to the choice open to the midwives of the 1st grade justifying the midwifery certificate-woman and 5 years of effective services is also open to the wise men of the 2nd grade as soon as they fulfil the same Conditions of seniority and diploma; - the conditions of secondment are revised to take account of all these changes. The reclassification of territorial midwives in office or reprocessed as of the date of publication of the decree takes account of the new definition of careers and opens up prospects for classification similar to those retained for their counterparts Hospital. Modification of Art. 1 to 8, 11 to 17 and 20 and the title of Title VI of Decree No. 92-855 of 28-08-1992 and the addition of art. 35-1 to 35-6 written. Amendment of Art. 1 of Order-in-Council 92-856 of 28-08-1992.

Keywords

PUBLIC SERVICE, STATE REFORM, FUNCTION TERRITORIAL PUBLIC, TERRITORIAL CIVIL SERVANT, TERRITORIAL MIDWIFE, SPECIAL STATUS, EMPLOYMENT FRAMEWORK , RECRUITMENT, COMPETITION, CANDIDATE, CANDIDATE, APTITUDE LIST, SUBSTANTIVE , APPOINTMENT TO ELECTION, SALARY, REMUNERATION, INDEX, INDEX , CAREER ADVANCEMENT, CAREER IMPROVEMENT, JOB ASSIMILATION

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JORF n ° 170 of July 25, 2003 page 12617
text no.



Order No. 2003-679 Of 23 July 2003 amending certain provisions relating to territorial midwives

NOR: FPPA0310011D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/7/23/FPPA0310011D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/7/23/2003-679/jo/texte

Prime Minister,
On the report of the Minister of the Interior, Internal Security and Local Freedoms and the Minister of the Public Service, State Reform and Spatial Planning,
Seen Health code Public;
Given the amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants;
As amended by Act No. 84-53 of 26 January 1984, amending the statutory provisions relating to the territorial civil service;
In view of the amended Decree No. 65-773 of 9 September 1965 on the pension scheme for civil servants affiliated with the National Pension Fund for Local Government Employees;
In the light of Decree No. 85-730 of 17 July 1985, as amended Remuneration of state officials and community officials Territories governed respectively by Laws 84-16 of 11 January 1984 and 84-53 of 26 January 1984;
In light of Decree No. 85-1148 of 24 October 1985 on the remuneration of civil and military personnel of the State and of staff The territorial authorities;
Having regard to Decree No 90-939 of 17 October 1990 laying down the rules of assimilation laid down in Article 16a of the Decree of 9 September 1965 on the pension scheme for officials of the local authorities affiliated to the National Pension Fund for Local Government Officers, including its article 15;
Given the amended Decree No. 92-855 of 28 August 1992 on the special status of the employment framework of territorial midwives;
In the light of Decree No. 92-856 of 28 August 1992 on the indicidal installment applicable to territorial midwives ;
In view of Decree No. 2002-870 of 3 May 2002 laying down the common statutory provisions applicable to the employment frameworks of employees of category B of the territorial civil service;
Given Decree No 2003-672 of 22 July 2003 On the secondment of officials from a Member State of the Community European or other State Party to the agreement on the European Economic Area other than France in the territorial civil service and amending Decree No 86-68 of 13 January 1986 concerning the secondment, non-framework, Availability, parental leave and parental presence of territorial officials;
Having regard to Decree No 2003-673 of 22 July 2003 laying down general provisions relating to the situation and the procedures for classifying nationals of the Member States of the European Community or of another State Party to the Agreement on Space European economic appointed in a framework of jobs in the territorial civil service;
Given the opinion of the Higher Council of the Territorial Civil Service of 16 October 2002;
The Council of State (section of the interior) heard,
Decline:

Item 1 Learn more about this Article ...

Decree No 92-855 of 28 August 1992 is thus amended:
I.-The second subparagraph of Article 1 is replaced by the following provisions:
" This employment framework includes the grades of middle-class midwifery, upper-class midwifery and exceptional class midwifery. "
II. -The second subparagraph of Article 2 shall be replaced by the following:
" "Outstanding class midwives perform mentoring functions.
" The functions of the coordinator of the activities of the exceptional class midwives can only be carried out by exceptional class midwives with five years of service in this grade. "
III. -In Article 3, in the first paragraph of Article 5 and in the first paragraph of Article 6, the words: 2nd class territorial midwife "," 2nd class territorial midwives " And " Territorial midwifery " Are replaced by the words: " Normal-class midwife "," Normal-class midwives " And " Normal class midwife ".
IV. Article 7 shall be replaced by the following:
" Art. 7. -Trainees referred to in Article 5 shall be paid by the community or institution which has recruited on the basis of the relevant index at the grade level of the normal class midwifery determined at the end of the application of the Provisions laid down in the third paragraph.
" However, those who previously had the status of a non-incumbent public servant or non-staff member receive the index treatment corresponding to their previous status if that treatment is higher than that of the 1st step of the grade level. Normal-class midwife. The treatment thus received is at most equal to that of the terminal step of the grade to which they are named.
" Midwives with midwifery degrees benefit from a three-year seniority bonus on appointment.
" When such officials are appointed, they shall be placed, subject to the rules laid down in the preceding paragraph and Articles 8 to 13, at the level of the normal-class midwife corresponding to the seniority acquired since their appointment In the context of employment without taking into account the possible extension of the probationary period provided for in the second subparagraph of Article 6 above. "
V. Article 8 is thus modified:
" Article 8. -Midwives governed by this Decree who carried out similar professional activities prior to their appointment in this framework of employment and who are unable to avail themselves of more favourable provisions under Articles 9 to 13 Shall be classified, at the time of tenure, at a level determined by taking into account, on the basis of the maximum seniority required for each step in step, the duration of midwifery services performed prior to their appointment, to Condition to justify their possession of titles, diplomas or authorizations Required for the performance of these duties. This resumption of seniority can only be attributed once during the course of the career of interested persons. "
VI. -In Article 11, the words: 2nd Class " Are replaced by the words: " Normal class " And the words: " R. 414-5-2 of the code of communes " With the words: " 5 of Decree No. 2002-870 of 3 May 2002 laying down the common statutory provisions applicable to the employment frameworks of employees in category B of the territorial civil
". -The last two paragraphs of Article 12 shall be replaced by two sub-paragraphs as
: The foregoing provisions shall not have the effect of placing interested persons in a more favourable position than that which would result from a classification at a level of equal treatment or, failing that, immediately above The one collected in their former employment with the retention of seniority under the conditions laid down in the preceding paragraphs, within the limit of the maximum service seniority required for access at the higher level of the host
. The provisions of this Article shall also apply to agents who have the status of non-holding agent for at least two months during the twelve-month period preceding the closing date of entries in competitions, to Condition that the loss of this quality is not the result of resignation, refusal to accept the renewal of their undertaking, abandonment of post or dismissal for professional insufficiency or disciplinary reasons. "
VIII. -Article 13 shall be supplemented by the following words: , without the index or treatment being retained may be greater than the index-related treatment at the terminal level of the grade to which they are held. "
IX. -Sections 14 to 17 are replaced by the following:
" Art. 14. -The rank of middle-class midwifery is eight echelons.
The rank of midwifery in the upper class consists of seven echelons.
The grade of midwifery is of seven echelons.
" Art. 15. -The maximum duration and minimum duration of time spent at each level of the various grades shall be fixed as follows:

You can consult the table in OJ
No 170, 25/07/2003, page 12617 to 12620

" Art. 16. -Upper-class midwives may be appointed after enrolment on a promotion board and within the limit set out in the following paragraph, normal-class midwives who have completed at least eight years of effective service in their Rank.
" The number of upper-class midwives cannot be greater than 30 % of the number of middle and upper class midwives.

" Art. 17. -Can be appointed as an exceptional class midwifery, after registration on a progress board and within the limit of the last paragraph:
" 1 ° High school midwives who have completed at least three years of effective service in rank;
" 2 ° Normal-class midwives and upper-class midwives who hold the Midwifery Framework Certificate or equivalent and have completed at least five years of effective employment in jobs.
" The number of exceptional class midwives may not exceed 25 % of the total employment cadre. "
X. -The second, third and fourth paragraphs of Article 20 shall be replaced by the following:
" 1 ° For civil servants holding a grade with a terminal crude index at least 820, in the grade of an exceptional class midwife;
" 2 ° For civil servants holding a grade with a terminal gross index of at least 760, in the rank of midwifery upper class;
" 3 ° For other officials, in the rank of normal class midwife. "
XI. -The title of Title VI shall be completed after the words: ", by the words:" And transitional provisions ".
XII. -After Article 35, Articles 35-1 to 35-6 read as follows:
" Art. 35-1. -Second-class midwives are reclassified, on the date of entry into force of Decree No. 2003-679 of 23 July 2003 amending certain provisions relating to territorial midwives, according to the following table of correspondence:

You can view the table in OJ
N ° 170, 25/07/2003 page 12617 to 12620

" Art. 35-2. -As a transitional measure for the application of the provisions of Articles 17 and 35-3, it is hereby established, on the basis of the rank of exceptional class midwifery, three provisional levels with gross indices and minimum and maximum durations Increments fixed by the following table:

You can view the table in OJ
N ° 170, 25/07/2003 page 12617 to 12620

" Art. 35-3. -First class midwives are reclassified, on the date mentioned in Article 35-1, according to the following table of correspondence:

You can consult the table in OJ
No 170 of 25/07/2003 on page 12617 at 12620

" Art. 35-4. -The off-class midwives are reclassified, on the date mentioned in Article 35-1, according to the following table:

You can consult the table in OJ
No 170 of 25/07/2003 on page 12617 at 12620

" Art. 35-5. -Second, first and off-class midwives in accordance with the date referred to in Article 35 (1), recruited under the conditions laid down in Article 4 and who had obtained, for their classification at the time of their tenure, only a recovery Partial seniority in the position of midwifery duties of the same kind completed prior to their tenure in the present framework of employment shall be accorded a supplementary seniority equivalent to the balance of those services not Taken into account when they are started.
" This seniority shall be taken up prior to the classification in the new grades of the employment framework provided for in Articles 35-1 to 35-4. Officers who are granted seniority shall be reclassified to the level at which they are entitled, on the basis of the maximum seniority giving access to the upper echelon of their
. Art. 35-6. -Where in accordance with Article 35-4 the number of exceptional midwifery is greater than the number laid down in Article 17, it may be made, until the number laid down in Article 17 has been attained, to an appointment to the rank of An exceptional class midwife for each decrease in the number of two exceptional class midwives. "
XIII. -After Article 36, an Article 36-1 reads as follows: '
' Article 36-1. -For the purposes of Article 16a of the decree of 9 September 1965 referred to above, the assimilations provided for in fixing the basic emoluments referred to in Article 15 of that Decree shall be made, on the date referred to in Article 35-1, as follows: Matches fixed by the following table and in accordance with the provisions of Article 15 of the decree of 17 October 1990 above.

You can consult the table in OJ
No 170 of 25/07/2003 page 12617 to 12620

You can view the table In OJ
n ° 170 of 25/07/2003 page 12617 to 12620

You can view the table in OJ
No 170, 25/07/2003 page 12617 to 12620

You can view the table in OJ
N ° 170, 25/07/2003 page 12617 to 12620

Item 2 Learn more about this Article ...

Article 1 of Decree No 92-856 of 28 August 1992 is replaced by the following:
" Article 1. -The indicidal installment applicable to the employment framework of territorial midwives is fixed as follows:

You can view the table in OJ
N ° 170, 25/07/2003 page 12617 to 12620

Item 3 Learn more about this Item ...

The Minister of the Interior, Internal Security and Local Freedoms, Minister of Economy, Finance and Industry, Minister of Health, Family and Disability, Minister of Public Service, Reform Of the State and spatial planning, the Minister responsible for the budget and budgetary reform and the Minister responsible for local freedoms shall each have responsibility for the execution of this Decree, each of which shall be published in the Journal Official of the French Republic and shall enter into force on the first day of the month following its Publication.

Done in Paris, July 23, 2003.

Jean-Pierre Raffarin

By the Prime Minister:

Public Service Minister,

for

and Spatial Planning,

Jean-Paul Delevoye

The Minister of the Interior,

Security Inner

and local freedoms,

Nicolas Sarkozy

The Minister of the Economy,

Finance and Industry,

Francis Mer

The Minister of Health, Family

, and People Disability,

Jean-François Mattei

The Minister Delegate to budget

and budget reform,

Alain Lambert

The minister delegate to local freedoms,

Patrick Devedjian

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