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Act No. 2005-843 Of 26 July 2005 On Various Measures Of Transposition Of Community Law To The Public Service

Original Language Title: LOI n° 2005-843 du 26 juillet 2005 portant diverses mesures de transposition du droit communautaire à la fonction publique

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European Directive n ° 2000-43 of 29 June 2000 2000 /43/EC JUNE 29, 2000 IN THE IMPLEMENTATION OF THE PRINCIPLE OF THE EQUAL TREATMENT EGALITY WITHOUT RACE OR ETHNIC ORIGIN

European Directive n ° 2000-78 of 27 November 2000 /78/EC OF 27 NOVEMBER 2000 BEFORE CREATING A GENERAL FRAMEWORK FOR JOB AND WORK PROCESSING EGALITY

Application Texts

Summary

Change in Law No. 75-3 of 3 January 1975 on various improvements and Simplifications in pensions or allowances for surviving spouses, mothers and elderly persons: amendment of Article 8. Amendment of Law No. 83-634 of 13 July 1983 on the rights and obligations of civil servants: creation of Article 24, after Article 13 of Article 13a; amendment of Articles 6, 6 bis, 6b, 6 quinquies, 5a. Amendment of Law No. 76-617 of 9 July 1976 on various measures of social protection of the family: amendment of Article 21. Amendment of Act No. 80-490 of 1 July 1980 with various provisions in favour of certain categories of women and family members: amendment of Article 2. Amendment of Act No. 84-16 of 11 January 1984 Statutory provisions relating to the public service of the State: amendment of Articles 34, 16. Amendment of Act No. 84-53 of 26 January 1984 laying down statutory provisions relating to the territorial civil service: amendment of Articles 57, 3, 34. Amendment of Act No. 86-33 of 9 January 1986 laying down statutory provisions relating to the hospital public service: amendment of Article 41. Amendment of the Social Security Code. Complete transposition of European Directive No. 2000-78 of 27 November 2000 SCOPE OF A GENERAL FRAMEWORK FOR THE EGALITY OF EMPLOYMENT AND LABOUR TREATMENT, of the European Directive No. 2000-43 of 29 June 2000 IN THE MATTER OF THE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT OF PERSONS IRRESPECTIVE OF RACIAL OR ETHNIC ORIGIN.
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Keywords

PUBLIC SERVICE, STATE REFORM, STATE PUBLIC SERVICE , CIVIL SERVICE, PUBLIC SERVICE HOSPITALERE, CIVIL SERVANT, GENERAL STATUS, RECRUITMENT , COMPETITION, AGE LIMIT, EQUALITY OF ACCES, EMPLOYMENT, CONTRACT AGENT, STAFF ASSOCIATES, SEASONAL EMPLOYMENT, CONGE, PERMANENT EMPLOYMENT, REPLACEMENT, RIGHT COMMUNITY, EQUALITY BETWEEN WOMEN AND MEN, FIGHT AGAINST DISCRIMINATION, DRAFT LAW, ACCES , COMMUNITY NATIONAL, FIGHT AGAINST PRECARITE, EUROPEAN DIRECTIVE, COMPLETE TRANSPOSITION

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JORF n ° 173 of 27 July 2005 page 12183
text #3




ACT n ° 2005-843 of 26 July 2005 implementing various measures for the transposition of Community law into the civil service

NOR: FPPX0400293L ELI: https://www.legifrance.gouv.fr/eli/loi/2005/7/26/FPPX0400293L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2005/7/26/2005-843/jo/texte


The National Assembly and the Senate have adopted,
The President of the Republic promulgates the following law:

  • Chapter I: Promotion of equality between women and men and the fight against discrimination Article 1


    The first paragraph of the article 8 of Act No. 75-3 of 3 January 1975 on various improvements and simplifications in respect of pensions or allowances for surviving spouses, mothers and elderly
    : The age limits for access to public employment are not opposable to mothers and fathers of three or more children, and to persons raising only one or more children. "

    Article 2


    Article 21 of Law No. 76-617 of 9 July 1976 on various measures of social protection of the family, the Words: " Women raising their children or " Are replaced by the words: " Persons raising or ".

    Article 3 Learn more about this Article ...


    Article 24 of Law No. 83-634 of 13 July 1983 on the rights and obligations of civil servants is supplemented by a paragraph Thus written:
    " Where, in accordance with its special status with a period of compulsory pre-tenure training, an employee has made a commitment to serve for a minimum period of time, his or her admission to retirement, before that Shall be honoured, shall entail an obligation to repay the sums fixed by the applicable rules, in accordance with arrangements laid down by decree in the Council of State. This obligation is not, however, effective against the recognised worker disabled by the committee referred to in Article L. 146-9 of the Code of Social Action and of the families, or the staff member who has been deregistered in advance for Disability. "

    Article 4


    Article 2 of Act No. 80-490 of 1 July 1980 with various provisions in favour of certain categories Women and family members, the words: " Family " Are replaced by the words: " And fathers ".

    Article 5


    In Article L. 711-9 of the Social Security Code, the words:" The fourth paragraph " Are replaced by the words: " The fourth and fifth paragraphs ".

    Article 6


    I. -Article 6 of Act No. 83-634 of 13 July 1983 is thus amended:
    1 ° After the fifth paragraph, it shall be inserted 1 ° thus written:
    " 1 ° The fact that he has suffered or refused to be subjected to acts contrary to the principles laid down in the second subparagraph of this Article; "
    2 ° The sixth subparagraph is thus amended:
    (a) The reference: 1 ° " Is replaced by the reference: " 2 ° " ;
    b) Words: " The principles set out in the second paragraph of this Article " Are replaced by the words: " These principles " ;
    3 ° At the beginning of the seventh paragraph, the reference: 2 ° " Is replaced by the reference: " 3 ° " ;
    4 ° In the last paragraph, after the word: " Process "shall be inserted the words:" Or directed to proceed " ;
    5 ° This paragraph is added as follows:
    " The provisions of this Article shall apply to non-public servants. "
    II. Article 6 bis of the same law is thus amended:
    1 ° In the first subparagraph, after the word: ", are inserted the words:" , direct or indirect, " ;
    2 ° Added six subparagraphs thus written:
    " No action, including recruitment, tenure, training, marking, discipline, promotion, assignment and deployment, can be made for an employee by taking into account:
    " 1. The fact that he has suffered or refused to be subjected to acts contrary to the principles laid down in the first paragraph;
    " 2. The fact that he has made an appeal to a superior or engaged in legal action to enforce these principles;
    " 3 ° Or the fact that he has testified contrary to or contradicted these principles.
    " A disciplinary penalty shall be imposed on any officer who has carried out or directed the actions defined above.
    " The provisions of this Article shall apply to non-public servants. "
    III. -Article 6 ter of the same law is thus amended:
    1 ° After 1 °, it is inserted a 2 ° thus written:
    " 2 ° The fact that he has lodged an appeal with a hierarchical superior or engaged in legal proceedings to stop such acts; "
    2 ° At the beginning of the third paragraph, the reference: 2 ° " Is replaced by the reference: " 3 ° " ;
    3 ° In the penultimate paragraph after the word: " Process "shall be inserted the words:" ".
    IV. -In the penultimate subparagraph of article 6 quinquies of the same law, after the words: " Having proceeded ", are inserted the words:" ".

    Article 7


    The 5 ° of Article 34 of Act No. 84-16 of 11 January 1984 laying down provisions Of the public service of the State is thus amended:
    1 ° The first subparagraph is supplemented by three sentences so worded:
    " The right to adoption leave shall be open to the adoptive parent or father. When both spouses work, either one of them renounces his or her right, or the leave is divided among them. In the latter case, the duration of the latter shall be increased and divided according to the provisions laid down in the legislation on social security. ' ;
    2 ° In the last paragraph, the words: " Or adoption " Are deleted;
    3 ° This paragraph is added as follows:
    " On the expiry of each leave referred to in the preceding two paragraphs, the employee shall be reassigned as a full right in his or her former employment. In the event that it cannot be proposed to it, the employee shall be assigned to an equivalent job, the closest to his last place of work. If he so requests, he may also be posted to employment nearest to his home subject to compliance with the provisions of Article 60; ".

    Article 8


    The 5 ° of Article 57 of Act No. 84-53 of 26 January 1984 laying down statutory provisions relating to the territorial civil service is thus amended:
    1 ° The first subparagraph is supplemented by three sentences. Written:
    " The right to adoption leave shall be open to the adoptive parent or father. When both spouses work, either one of them renounces his or her right, or the leave is divided among them. In the latter case, the duration of the latter shall be increased and divided according to the provisions laid down in the legislation on social security. ' ;
    2 ° In the last paragraph, the words: " Or adoption " Are deleted;
    3 ° This paragraph is added as follows:
    " On the expiry of each leave referred to in the preceding two paragraphs, the employee shall be reassigned as a full right in his or her former employment. In the event that it cannot be proposed to it, the employee shall be assigned to an equivalent job, the closest to his last place of work. If he so requests, he may also be posted to employment nearest to his home subject to compliance with the provisions of Article 54; ".

    Article 9


    The 5 ° of Article 41 of Act No. 86-33 of 9 January 1986 laying down statutory provisions relating to the hospital public service is thus amended:
    1 ° The first subparagraph is supplemented by three sentences. Written:
    " The right to adoption leave shall be open to the adoptive parent or father. When both spouses work, either one of them renounces his or her right, or the leave is divided among them. In the latter case, the duration of the latter shall be increased and divided according to the provisions laid down in the legislation on social security. ' ;
    2 ° In the last paragraph, the words: " Or adoption " Are deleted;
    3 ° This paragraph is added as follows:
    " On the expiry of each leave referred to in the preceding two paragraphs, the employee shall be reassigned as a full right in his or her former employment. In the event that it cannot be proposed to it, the employee shall be assigned to an equivalent job, the closest to his last place of work. If he so requests, he may also be employed in the employment nearest to his domicile, subject to compliance with the provisions of Article 38; "

  • Chapter II: Opening of the civil service to nationals Community and mobility of agents Article 10


    Article 5a of Law No. 83-634 of 13 July 1983 on rights and obligations Officials are thus amended:
    1 ° The first paragraph reads as follows:
    " Nationals of the Member States of the European Community or of another State Party to the agreement on the European Economic Area other than France shall have access, under the conditions laid down in the general statute, to bodies, posts and jobs. However, they do not have access to jobs whose powers are not separable from the exercise of sovereignty, either involve direct or indirect participation in the exercise of public powers of the State or of the Other public authorities." ;
    2 ° The seventh paragraph is thus changed:
    a) The first sentence is deleted;
    b) The words: " These particular statutes also specify " Are replaced by the words: " The specific statutes specify ".

    Article 11


    After Article 13 of Law No. 83-634 of 13 July 1983, it is inserted Article 13a reads as follows:
    " Article 13 bis. -All bodies and employment frameworks shall be accessible by way of secondment under the conditions laid down in their particular statutes, subject to the exercise of the relevant functions, subject to the holding of a title or Specific degree, the holding of this title or diploma.

  • Chapter III: Combating precariousness Article 12


    Article 4 of Law No. 84-16 of 11 January 1984 The statutory provisions relating to the public service of the State are thus amended:
    1 ° The fourth paragraph reads as follows: '
    ' The officers thus recruited are engaged in fixed-term contracts with a maximum duration of three years. These contracts are renewable, by express renewal. The duration of successive contracts shall not exceed six years." ;
    2 ° Added two paragraphs written:
    " If, at the end of the six-year period referred to in the preceding paragraph, such contracts are renewed, they shall be carried out only by express decision and for an indefinite period of
    . The provisions of the preceding paragraph shall not apply to contracts concluded for the implementation of a training, insertion, retraining or vocational training programme. "

    Item 13


    I. -Where the officer, recruited from a permanent employment, is in office on the date of publication of this Law or, at that date, is granted leave, in accordance with the provisions of the decree referred to in Article 7 of Act No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State, the renewal of its contract is subject to the conditions laid down in the fourth, fifth and sixth paragraphs of Article 4 of the same Law.
    Where, on the date of Publication of this Law, the agent has been in office for at least six years His contract may be renewed only by express decision and for an indefinite period.
    II. -The contract shall, on the date of publication of this Law, be converted into an indefinite contract, if the agent satisfies, on or before the end of the current contract, on 1 June 2004, the following conditions:
    1 ° Be at least 50 years old;
    2 ° Be on duty or take advantage of leave in accordance with the provisions of the decree referred to in Article 7 of Act No. 84-16 of 11 January 1984;
    3 ° Justify a period of service Number at least six years in the last eight years;
    4 ° Occupy a job in accordance with Article 4 or the first paragraph of Article 6 of Act No. 84-16 of 11 January 1984, cited in the services of the State or its Administrative public institutions.

    Article 14


    I. -Article 3 of Act No. 84-53 of 26 January 1984 laying down statutory provisions relating to the territorial civil service is thus amended:
    1 ° The third subparagraph is replaced by three sub-paragraphs as
    : By way of derogation from the principle set out in Article 3 of Title I of the General Staff Regulations, permanent posts may be employed by contract agents in the following
    : 1 ° Where there is no framework for the employment of officials liable to carry out the corresponding duties;
    " 2 ° For category A jobs, where the nature of the functions or the needs of the services justifies it." ;
    2 ° In the last paragraph, the words: For a fixed term and renewed by express renewal " Are deleted;
    3 ° Added two sub-paragraphs as follows:
    " Officers recruited in accordance with the fourth, fifth and sixth subparagraphs shall be engaged in fixed-term contracts of up to three years. These contracts are renewable, by express renewal. The duration of successive contracts shall not exceed six years.
    " If, at the end of the six-year period referred to in the preceding paragraph, such contracts are renewed, they shall be carried out only by express decision and for an indefinite period of time. "
    II. -In the second sentence of the first paragraph of Article 34 of Law No. 84-53 of 26 January 1984, the words " Last three paragraphs " Are replaced by the words: " Fourth, fifth and sixth paragraphs ".

    Article 15


    I. -Where the officer, recruited from a permanent employment, is in office on the date of publication of this Law or, at that date, is granted leave in accordance with the provisions of the Decree referred to in Article 136 of Act No. 84-53 of 26 January 1984 laying down statutory provisions relating to the territorial civil service, the renewal of its contract is subject to the conditions laid down in the seventh and eighth paragraphs of Article 3 of the same Law.
    Where, on the date of publication The Agent has been in office for at least six years on an ongoing basis, The contract may be renewed only by express decision for an indefinite period of time.
    II. -The contract shall, on the date of publication of this Law, be converted into an indefinite contract, if the agent satisfies, on or before the end of the current contract, on 1 June 2004, the following conditions:
    1 ° Be at least 50 years old;
    2 ° Be on duty or take advantage of leave in accordance with the provisions of the decree referred to in Article 136 of Act No. 84-53 of 26 January 1984;
    3 ° Justify service life Number at least six years in the last eight years;
    4 ° Occupy a job under the fourth, fifth or sixth paragraphs of Section 3 of Act No. 84-53 of January 26, 1984 cited in a community or Establishment referred to in section 2 of the same Act.

    Article 16


    Article 9 of Law No. 86-33 of 9 January 1986 laying down statutory provisions on the hospital public service is thus amended:
    1 ° After the first subparagraph, three sub-paragraphs shall be inserted as
    : Non-full time jobs that are less than half-time and that match a permanent need are filled by contract agents.
    " Officers thus recruited may be engaged in contracts of an indefinite or determined duration. The term contracts referred to above shall be for a maximum period of three years. These contracts are renewable, by express decision. The duration of successive contracts shall not exceed six years.
    " If, at the end of the period of renewal referred to in the preceding paragraph, such contracts are renewed, they shall be carried out only by express decision and for an indefinite period." ;
    2 ° The last three paragraphs are deleted.

    Article 17


    After Article 9 of Law No. 86-33 of 9 January 1986, above, Inserted a Article 9-1 worded as follows:
    " Art. 9-1. -Institutions may recruit contract agents to ensure the temporary replacement of hospital officials who are not available or authorized to perform their duties on a part-time basis. The agents thus recruited are engaged by fixed-term contracts.
    " They may also recruit contract agents to deal temporarily and for a maximum period of one year to the vacancy of a job that cannot be immediately filled under the conditions set out in this
    . In addition, they may recruit contract agents to perform casual duties for up to one year. "

    Article 18


    In Article 10 of Law No. 86-33 of 9 January 1986, the words:" Article 9 conditions " Are replaced by the words: " Conditions under Articles 9 and 9-1 ".

    Article 19


    I. -Where the officer, recruited on permanent employment, is in office at the date of publication of this Law or, at that date, is granted leave in accordance with the provisions of the Decree referred to in Article 10 of Act No. 86-33 of 9 January 1986 laying down statutory provisions relating to the hospital public service, the renewal of the contract is subject to the conditions laid down in the third and fourth paragraphs of section 9 of the Act.
    Where, on the date of Publication of this Law, the agent has been in office for at least six years on an ongoing basis, The contract may be renewed only by express decision and for an indefinite period.
    II. -The contract shall, on the date of publication of this Law, be converted into a contract of indefinite duration if the agent complies with the following conditions on 1 June 2004 or at the latest at the end of its current contract:
    1 ° Be at least 50 years old;
    2 ° Be in office or take advantage of leave pursuant to the decree referred to in Article 10 of Law No. 86-33 of 9 January 1986;
    3 ° Justify the duration of effective services at least Equal to six years in the last eight years;
    4 ° Occupy a job under section 9 of Act No. 86-33 of January 9, 1986, cited in section 2 of the same Act.

    Article 20
    Where the activity of an economic entity employing employees governed by private law is, by transfer of that entity, taken over by a public person in the context of an administrative public service, it shall belong to This public person to propose to these employees a Contract of public law, on a fixed term or indeterminate basis depending on the nature of the contract in which they are held.
    Except as provided for by law or regulation or general terms and conditions of remuneration and employment of the non-holding agents of the Public contrary, the contract which it proposes includes the substantive clauses of the contract of which the employees are holders, in particular those concerning remuneration.
    In the event of the employees' refusal to accept the amendments Of their contract, the public person shall make their dismissal, in the Conditions laid down by labour law and contract.

    Article 21


    Article 63 of Law No. 99-586 of 12 July 1999 Concerning the strengthening and simplification of inter-communal cooperation is repealed.

    Article 22


    In Article L. 1424-67 The general code of the local authorities, the reference: ' Article 63 of Act No. 99-586 of 12 July 1999 on the strengthening and simplification of inter-communal cooperation " Is replaced by the reference: " Article 20 of Act No. 2005-843 of 26 July 2005 laying down various measures for the transposition of Community law into the civil service

  • Chapter IV: Final provisions Article 23


    Articles 1, 2 and 4 shall apply to open competitions starting on the first day of the fifth
    3 shall apply to employees recruited from the first day of the fifth month following the publication of this Act.
    Section 11 shall enter into force on the first day of the seventh month after the date of publication of this Act. Months after the publication of this Act.

    Article 24


    The first paragraph of Article 90 of Law No. 96-1093 of 16 December 1996 on employment in the civil service And to various statutory measures is replaced by two sub-paragraphs thus written:
    " The public institution is governed by a Board of Directors and headed by a Director General. The board of directors votes the budget.
    " The Chairman of the Board of Directors and the Director General are appointed by Order in Council. "

    Article 25


    Order No. 2005-727 of 30 June 2005 laying down various provisions on the simplification of committees
    This Act will be enforced as the law of the State


Done at Paris, July 26, 2005.


Jacques Chirac


By the President of the Republic:


Prime Minister,

Dominique de Villepin

Minister of State, Minister of the Interior

and Spatial Planning,

Nicolas Sarkozy

Minister of the Economy,

Finance and Industry,

Thierry Breton

The Minister of Health and Solidarity,

Xavier Bertrand

The Minister of the Public Service,

Christian Jacob

Minister of Culture

and communication,

Renaud Donnedieu de Vabres

The Minister Delegate to the

Budget and to the State Reform,

Government Spokesperson,

Jean-François Copé

The Minister Delegate to Territorial Communities,

Brice
Hortefeux


(1) Act No. 2005-843.

-Community Directives:

Directive 89/48 of 21 December 1988 of the said Council " Bin + 3 directive " On a system for the recognition of higher education diplomas which sanction vocational training of a minimum duration of three years;

Council Directive 92/51 of 18 June 1992 on a second General system for the recognition of vocational training, which supplements Directive 89/48;

Council Directive 99/70 of 28 June 1999 on the framework agreement ESC, UNICE and CEEP on fixed-term work;

Council Directive 2001 /23/EEC of 12 March 2001 concerning Approximation of the laws of the Member States relating to the maintenance of workers' rights in the event of the transfer of undertakings, establishments or parts of undertakings or establishments;

Directive 2000/43 of 29 June 2000 of the Council on the implementation of the principle of equal treatment between persons irrespective of racial or ethnic origin;

Council Directive 2000 /78/EC of 27 November 2000 establishing a General framework for equal treatment in employment and employment Work;

Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76 /207/EEC on the implementation of the principle of equal treatment between men and women in respect of Concerns access to employment, vocational training and promotion, and working conditions.

-Preparatory work:

Senate:

Bill 172 (2004-2005);

Report by Jacqueline Gourault, on behalf of the Committee on Laws, No. 251 (2004-2005);

Discussion and adoption on March 23, 2005.

National Assembly:

Bill, adopted by the Senate, No. 2210;

Rappport of Mr. Pierre Morel-A-L ' Huissier, on behalf of the Committee on Laws, No. 2222;

Discussion and Adopted on 6 April 2005.

Senate:

Bill, as amended by the National Assembly, No. 286 (2004-2005);

Report by Jacqueline Gourault, on behalf of the Committee on Laws, No. 460 (2004-2005);

Discussion and adoption On 11 July 2005.

National Assembly:

Bill, adopted with amendments by the Senate at second reading, No. 2465;

Rappport of Mr. Pierre Morel-A-L ' Huissier, on behalf of the Committee on Constitutional Law, No. 2468;

Discussion and adoption on July 13, 2005.


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