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Decree No. 2004-787 Of 29 July 2004 Amending Decree No. 85-1115 16 October 1985 On The Special Status Of Inspectors Of Vocational Training, Decree No. 98-42 Of 19 January 1998 Amending The Order And Decree No....

Original Language Title: Décret n° 2004-787 du 29 juillet 2004 modifiant le décret n° 85-1115 du 16 octobre 1985 portant statut particulier des inspecteurs de la formation professionnelle, le décret n° 98-42 du 19 janvier 1998 modifiant le même décret et le décret n...

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Abstract

Repeal of art. 1 of Decree 98-42. Modification of Art. 1 to 5, 7 to 9, 11, 15, 17 to 21; repeal of Chapter V (art. 24 to 33) of Decree 85-1115 and insertion of art. 22 and 23 (in writing). Amendment to the schedule to Order 2002-661.

Keywords

EMPLOYMENT, VOCATIONAL TRAINING, PUBLIC SERVICE , CENTRAL ADMINISTRATION, INSPECTOR, FASTENER, EMPLOYMENT AND VOCATIONAL TRAINING, RECRUITMENT , COMPETITION, COMPETITION RESERVE, POSITION, DETACHING, INTEGRATION, EMPLOYMENT RESERVE, SPECIAL STATUS, SALARY, COMPENSATION, INDEX, INDEX , CARRIER IMPROVEMENT



JORF No. 178 of August 3, 2004 page 13816
Text No. 16



Decree n ° 2004-787 of 29 July 2004 amending Decree No. 85-1115 of 16 October 2004 1985 on the special status of the inspectors of vocational training, Decree No. 98-42 of 19 January 1998 amending the same Decree and Decree No. 2002-661 of 30 April 2002 on the organization of competitions for the recruitment of civil servants The State of categories A, B and C and professional examinations for the recruitment of staff members of the category C State reserved for certain non-incumbent agents under the Ministry of Employment and Solidarity

NOR: SOCO0411379D ELI: https://www.legifrance.gouv.fr/eli/decret/2004/7/29/SOCO0411379D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2004/7/29/2004-787/jo/texte


Prime Minister,
On the report of the Minister of State, Minister of Economy, Finance and Industry, Minister of Employment, Labour and Social Cohesion, and the Minister of the Public Service and the Minister of Public Service Reform of the state,
Given the Labour Code, in particular book IX;
In the light of Law No. 83-634 of 13 July 1983, amending the rights and obligations of the Civil servants, together with the law n ° 84-16 of 11 January 1984 amending the statutory provisions relating to the public service of the State;
In view of Act No. 98-546 of 2 July 1998 on various economic and financial provisions, Article 112;
In view of Act No. 2001-2 of 3 January 2001 on the reduction of precarious employment and the modernisation of recruitment in the civil service as well as working time in the territorial civil service;
In view of the amended Decree No. 85-1115 of 16 October 1985 on the special status of the Inspectors of vocational training;
Having regard to Decree No. 2001-834 of 12 September 2001 on the recognition of professional experience as equivalent to the conditions of qualifications or diplomas required to compete and Reserved professional examinations organised pursuant to Article 1 of Act No. 2001-2 of 3 January 2001 on the reduction of precarious employment and the modernisation of recruitment in the civil service, as well as working time in The territorial civil service;
Given Decree No. 2002-661 of 30 April 2002 Organising competitions for the recruitment of State officials of categories A, B, C and professional examinations for the recruitment of staff members of the category C State reserved for certain non-incumbent agents under the Ministry of Employment and solidarity, in accordance with Article 1 of Act No. 2001-2 of 3 January 2001 on the reduction of precarious employment and the modernisation of recruitment in the civil service as well as working time in the office Territorial public;

Given the opinion of the Joint Technical Committee Ministry of Employment of the Ministry of Social Affairs, Labour and Solidarity, 11 July 2003;
The Council of State (Finance Section) heard,
Describes:

Item 1
Article 1 of the aforementioned decree of 19 January 1998 is repealed.

  • TITLE I: AMENDMENT OF ORDER N ° 85-1115 OF 16 OCTOBER 1985 SUSVISED Article 2


    The decree of 16 October 1985, above, is amended as follows: Follows:
    1 ° In the title, in the first paragraph of Articles 1, 2 and 4, in Article 9, in the last paragraph of Article 11, in Article 15 and in the first and fourth paragraphs of Article 18, the words: Professional training inspectors " Are replaced by the words: " Attachment to employment and vocational training " ;
    2 ° The third paragraph of Article 1 of the Decree shall be replaced by the following two paragraphs:
    " Its members carry out their duties at headquarters, in the decentralised departments or in the administrative establishments of the ministers responsible for labour, employment and vocational
    . May, in addition, where they justify ten years of effective services in the field of vocational training, performed in a category A body, be responsible for the control functions referred to in Articles L. 119-1-1, L. 991-3 and L. 993-4 of the Labour Code. In these functions, they take the name of an inspector of vocational training. "

    Article 3


    1 ° In the first paragraph of Article 2, the words:" Chief inspector " Are replaced by the words: " Principal attachment " ;
    2 ° In the first paragraph of Articles 2 and 8, the word " Inspector " Is replaced by the word: " Attached " ;
    3 ° In the second paragraph of Article 2, the words: " Chief inspector of vocational training " Are replaced by the words: " Main job and vocational training officer " ;
    4 ° In the third paragraph of Article 2, in the first paragraph of Article 11 and in the table to Article 20, the words: Professional training inspector " Are replaced by the words: " Attachment to employment and vocational training ".

    Article 4


    Section 3 of the Order is amended as follows:
    1 ° The words: " Chief inspectors of vocational training " Are replaced by the words: " Main attaches of employment and vocational training " ;
    2 ° The word: " Inspectors " Is replaced by the word: " Attached " ;
    3 ° The first paragraph is replaced by the following:
    " Employment and vocational training officers are involved in the implementation of the Ministry's policies on employment and vocational training. "

    Article 5


    In Article 4 of the same decree, the words:" Supervisors of vocational training " Are replaced by the words: " Category B employees of the department responsible for labour, employment and vocational training ".

    Article 6


    To The first paragraphs of Articles 5 and 19, the word " Inspectors " Is replaced by the word: " Attached ".

    Article 7


    I. -Article 7 is amended as follows:
    1 ° In the first subparagraph, the words: Trainee inspectors " Are replaced by the words: " Attached trainees ".
    2 ° In the second paragraph, the words:" Trainee inspector " Are replaced by the words: " Intern attachment ".
    II. -In the third paragraph of the same Article 7, in the first paragraph of Article 10, in Article 12, in the first paragraph of Article 13, in Articles 14 and 15 and in the table to Article 18, the words: Grade of inspector " Are replaced by the words: " Degree of attachment ".

    Article 8


    Article 8 of the same decree is amended as follows:
    1 ° In the third and fourth paragraphs, the Words: " Trainee inspectors " Are replaced by the words: " Attached trainees ".
    2 ° In the fourth paragraph, the words:" Be paid, on their request and within the limits of the vacancies, in the body of the supervisors of vocational training, " Are deleted.

    Article 9


    Article 17 is modified as follows:
    1 ° The words: " 2nd class senior inspectors " Are replaced by the words: " 2nd class principal attachments " ;
    2 ° The words: " Chief Inspector of 1st Class " Are replaced by the words: " Principal attachment of first class ".

    Article 10


    In the first subparagraph and in the table to Article 18, in the second paragraph of Article 19 and in the table to Article 20, the words: Senior inspector for 2nd class " Are replaced by the words: " Second Class Principal Attachment ".

    Article 11


    In the eighth paragraph of Article 18, the words:" Chief inspector of vocational training " Are replaced by the words: " Main job and professional training officer ".

    Article 12


    In the first paragraph of Article 19, the words: " 2nd class senior inspectors " Are replaced by the words: " 2nd Class Principal Attachments ".

    Article 13


    In the table to Article 20, the words: Chief Inspector of 1st Class" Are replaced by the words: " Primary Attache First Class ".

    Item 14


    In the same order, the words:" Minister responsible for vocational training " Are replaced by the words: " Ministers responsible for labour, employment and vocational training. "

    Article 15


    Article 21 of the same decree is Replaced by the following:
    " Article 21. -May be placed in the position of secondment in the body of employment and vocational training officers, employees belonging to a corps or a framework of jobs classified in category A or at the same level. "

    Article 16


    It is inserted, after Article 21 of the same decree, an Article 22 thus written:
    " Art. 22. -The secondment shall be pronounced at equivalence of grade and at the level of equal treatment or, failing that, immediately above that in which the person concerned was entitled in his or her body of origin. The seconded official shall retain, within the limit of the average length of service required for access to the upper echelon of his new grade, seniority acquired in his previous employment when the secondment gives him an advantage Lower than that which would have resulted from a graduation in his or her original grade, or which resulted from his elevation audit step if that step was the highest of his previous employment. Staff members in positions of secondment contribute to the advancement of rank and level in the body of employment and vocational training officers with all civil servants in this corps. "

    Article 17


    It is inserted after Article 22 of the same decree a Article 23 worded as follows:
    " Article 23. -Officials placed in positions of secondment for at least two years in the body of employment and vocational training officers may, at their request, be integrated into this body. Integrated employees are appointed to the rank and level they held in a secondment position with retention of seniority acquired at the level. The services performed in the body, the framework of employment or employment of origin are assimilated to actual services performed in the body of integration. "

    Item 18


    Chapter V of the Order is repealed

  • TITLE II: AMENDMENT OF THE APRIL 30 2002 SUSINTED Article 19


    At the beginning of the list of welcome bodies of category A annexed to the aforementioned decree of 30 April 2002, are Inserted the following provisions: ' Attachés of employment and vocational training ".

    Article 20


    The Minister of State, Minister of Economy, Finance and Of the industry, the Minister for Employment, Labour and Social Cohesion, the Minister for Public Service and State Reform and the Secretary of State for the Budget and Budget Reform shall each be responsible for The execution of this Decree, which shall be published in the Official Gazette of the Republic French.


Done at Paris, July 29, 2004.


Jean-Pierre Raffarin


By the Prime Minister:


The Minister of Employment,

and Social Cohesion,

Jean-Louis Borloo

Minister of State, Minister of Economy,


Finance and Industry,


Nicolas Sarkozy

Public Service Minister

and State Reform,

Renaud Dutreil

Secretary of State for Budget

and Budget Reform,

Dominique Bussereau


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