Key Benefits:
The Prime Minister,
On the report of the Minister of Health, Family and Persons with Disabilities,
Considering the Labour Code, including Article L. 970-5;
Having regard to Act No. 86-33 of 9 January 1986, amended with statutory provisions relating to the public hospital service and constituting Title IV of the general status of civil servants, including Article 41 (6°);
In view of Decree No. 90-319 of 5 April 1990, as amended by Decree No. 94-306 of 14 April 1994 and Decree No. 2001-164 of 20 February 2001, concerning the continuing professional training of officials of the hospital public service;
Having regard to the advice of the Higher Council of the Hospital Public Service dated 7 February 2003;
The State Council (Social Section) heard,
Decrete:
Article 9 of the above-mentioned Decree of 5 April 1990 is supplemented as follows:
"(c) A competency assessment conducted on their initiative, whether or not with a request for leave of absence. The purpose of this review is to enable agents to identify and analyze their professional and personal skills and abilities and motivations in order to define a professional project and, where appropriate, a training project. »
Article 16 of the aforementioned decree of 5 April 1990 is thus written:
"The benefit of a competency assessment may be granted, within the limits of the available credits, to officers who justify at least two years of effective service, consecutive or non-consequential, as a incumbent or non-public hospital officer.
The duration of a full competency assessment may not exceed 24 hours, whether or not over several weeks.
The competency assessment can be carried out in a simplified form and, where appropriate, completed later.
An agent who has completed a full competency assessment under this device may not claim a new balance sheet before the expiry of a five-year period.
The content and organization of the Competency Assessment are specified by an order of the Minister for Health. »
Article 17 of the aforementioned decree of 5 April 1990 is thus written:
"In the event that the officer wishes to conduct a competency assessment of his or her work time, he or she must apply for a leave of absence in that capacity, specifying the dates and the expected duration of the balance sheet, to the appointing authority at least sixty days before the action begins.
The appointing authority shall notify the person concerned in writing, within thirty days of receipt of the application, of the agreement or the reasons for service for the postponement of the absence authorization. This report cannot exceed six months.
The officer who wishes to complete the balance sheet on his or her work time must submit the application for the expenses related to the balance sheet, together with the authorization of absence, to the authorized parity agency, to which the establishment that employs the agent pays the contribution of the professional training leave, as set out in 6° of section 41 of the Act of 9 January 1986 referred to above.
An officer who wishes to complete the proficiency assessment on his/her personal time must submit the request for the costs associated with this balance sheet to the above-mentioned parity organization. The application is accompanied by the documents and statements on the honour that the conditions under which the right to a competency assessment is submitted are met. If a disagreement arises between the unit and the agent on compliance with these conditions, the agent may refer to the authority vested with the appointing authority that makes the decision.
In both cases, the application indicates the dates and duration of the balance sheet as well as the name of the provider organization chosen by the agent. »
It is created an article 18 of the decree of 5 April 1990 referred to above:
“Art. 18. - An officer who has jointly obtained the special leave of absence to complete an assessment of competencies on the part of the employee's institution, and the expenses of the leave, on the part of the parity organization referred to in section 17, shall continue to be paid the salary, bonuses and allowances, including the family allowances that he would have received if he had remained at the position of work, during the duration of the balance sheet. He is entitled to reimbursement of travel expenses incurred during the competency assessment.
The officer performing a competency assessment on his/her personal time is entitled to reimbursements of the travel expenses mentioned above. »
It is created an article 19 of the decree of 5 April 1990 referred to above:
“Art. 19. - The detailed results of the Competency Assessment and the summary document that are written at the end of the Competency Assessment are the exclusive ownership of the agent who has benefited from this balance sheet and can only be communicated to a third party on its initiative. »
It is created an article 20 of the decree of 5 April 1990 referred to above:
"Art. 20. - The assessment of individual-led skills can only be carried out after the conclusion of a tripartite agreement between the recipient agent, the receiving agency and the registered parity agency for the professional training leave to which the employer institution pays the contribution provided for in section 41 (6°) of the above-mentioned Act of 9 January 1986.
This tripartite convention is established in accordance with a model convention defined by an order of the Minister for Health. »
It is created an article 21 of the decree of 5 April 1990 referred to above:
“Art. 21. - Providers are required to use, in order to carry out the assessments of skills, methods and reliable techniques, implemented by qualified personnel.
The provisions set out in sections R. 900-5 to R. 900-7 of the Labour Code apply to organizations providing competency balances for the benefit of hospital public officials.
These organizations must also keep this information available to the Minister for Health and the authorized parity(s) for professional training leave referred to in section 41 of the Act of 9 January 1986 referred to above.
The establishments referred to in section 2 of the above-mentioned Act of 9 January 1986 cannot carry out competency assessments for hospital public officials. »
It is created an article 22 of the decree of 5 April 1990 referred to above:
“Art. 22. - An agent who, without valid reason, does not follow all of the action for which he or she has sought care shall reimburse the above-mentioned parity agency for the costs of the balance of competence and, if necessary, the remuneration received during his absence in that capacity to the employer institution. »
It is created an article 23 containing the provisions contained in article 16 of the decree of 5 April 1990 referred to in its drafting prior to the adoption of this decree.
It is created an article 24 containing the provisions contained in Article 17 of the Decree of 5 April 1990 referred to in its drafting prior to the adoption of this decree.
The Minister of Economy, Finance and Industry, the Minister of Health, the Family and Persons with Disabilities, the Minister of Public Service, State Reform and Land Management, and the Minister Delegate for Budget and Budget Reform are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris on 1 August 2003.
Jean-Pierre Raffarin
By the Prime Minister:
Minister of Health, Family
and persons with disabilities,
Jean-François Mattei
Minister of Economy,
finance and industry,
Francis Mer
The Minister of Public Service,
of State Reform
and landscaping,
Jean-Paul Delevoye
Minister for Budget
and budgetary reform,
Alain Lambert
