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Summary

Decree 98-624 of 20 July 1998 established the exceptional conditions for the integration of officials of the professional training inspectors into the labour inspection body. Specifically, this decree provided that, under the years 1997 to 2001 inclusively, exceptional integrations on the one hand of 30 Principal Inspectors of Vocational Training in the grades of Assistant Director of Functional Class Work and Deputy Director of the Standard Class Work of the Labour Inspection Corps (art. 5) and, on the other, 175 inspectors of Vocational Training in the grade of Satisfactory Inspectors of Work (art. At the end of the reporting period, it appears that the application of the decree produced contrasting results. This concordance, however, conceals an inadequacy between the total number of integrations made possible by the aforementioned Decree 98-624 and the number of major professional training inspectors who, according to the jury designated for the last professional examination, deserved such integration. The purpose of this decree is to allow 21 additional integrations of major inspectors of vocational training in the body of the labour inspection, in the same manner and under the same conditions as those provided for in the aforementioned Decree 98-624, to this extent that the reclassification in the body of the inspection of the work of the agents who will benefit from these new integrations will be less favourable than that of the agents who have integrated the body of the inspection of the previous integration. This decree also aims to draw the consequences of the MM decision. Dréano and Legendre that the Council of State rendered on 28 July 2000. In this decision, the Council of State decided to cancel article 7 of the decree of January 19, 1998 amending the decree of October 16, 1985 bearing the statute of the inspectors of the vocational training, as it led to the deprivation of the full benefit of the advantages of the career resulting from the protocol known as the Durafour protocol of February 9, 1990 some of the principal inspectors of the vocational training promoted in this rank before August 1, 1991.

Keywords

AFFAIRS , WORK , PUBLIC FUNCTION , CENTRAL ADMINISTRATION , PARTICULAR STATUS , WORKING INSPECTION , FUNCTIONAL , PROFESSIONAL FORMATION , PROMOTION , REPORT , NOMINATION , DELAI

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JORF n°192 of 21 August 2003 page 14276
text No. 5



Decree No. 2003-772 of 20 August 2003 on various statutory provisions relating to principal inspectors of vocational training

NOR: SOCO0310800D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/8/20/SOCO0310800D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/8/20/2003-772/jo/texte

The Prime Minister,
On the report of the Minister of Social Affairs, Labour and Solidarity, the Minister of Economy, Finance and Industry and the Minister of Public Service, State Reform and Land Management,
In light of amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, together with amended Act No. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State;
Having regard to Decree No. 85-1115 of 16 October 1985, as amended, establishing the special status of professional training inspectors;
Having regard to Decree No. 98-42 of 19 January 1998 amending Decree No. 85-1115 of 16 October 1985 on the special status of professional training inspectors and repealing Decree No. 85-1116 of 16 October 1985 on conditions of appointment in the employment of professional training chief of service;
In view of Decree No. 2003-770 of 20 August 2003 on the special status of the labour inspection body;
Having regard to the advice of the Departmental Joint Technical Committee of the Ministry of Social Affairs, Labour and Solidarity for the Labour, Employment and Vocational Training Services of 24 January 2003;
The State Council (Finance Section) heard,
Decrete:

• Chapter I: Provisions relating to integration into the rank of Assistant Director of Labour Article 1

  
  Without prejudice to the provisions set out in Article 14 of the above-mentioned Decree of 20 August 2003, exceptional integrations are carried out under the conditions defined below in the year 2003 in the rank of deputy director of work of the labour inspection body.
  Can benefit from the exceptional integrations provided for in the above paragraph by the Principal Inspectors of 2nd or 1st Class Vocational Training who have completed a professional examination.
  A joint order of the Minister for Labour, Employment and Vocational Training and the Minister for Public Service sets out the general organization rules, the nature and program of this professional examination.
  The Minister for Labour, Employment and Vocational Training sets out the procedures for organizing the examinations and appoints the members of the jury.

  Article 2

  
  The Principal Inspectors of Vocational Training of 2nd and 1st Class appointed Deputy Director of Labour pursuant to section 1 above shall immediately be held and reclassified in accordance with the following table:

  
  You can see the table in the OJ
  n° 192 of 21/08/2003 page 14276 to 14277

  
  

  Article 3

  
  Services performed in the body and grade of origin are assimilated to services performed in the body and degree of integration.

  Article 4

  
  Officials integrated under the provisions of this Order shall be trained to adapt to employment when they are called to change their functions.
  The terms and conditions and content of this training are determined by order of the Minister for Labour, Employment and Vocational Training.

• Chapter II: Provisions amending the aforementioned Decree of 19 January 1998 relating to the special status of professional training inspectors Article 5

  
  The professional training inspectors promulgated before 1 August 1991 to the rank of principal inspector according to the provisions of Article 17 of the aforementioned Decree of 16 October 1985 may request, within six months of the publication of this decree, to postpone the date of their appointment to 1 August 1993.
  Employees who benefit from these provisions continue to see their service seniority in the rank of primary inspector deducted from the date on which they initially accessed it.

  Article 6

  
  The Minister of Social Affairs, Labour and Solidarity, the Minister of Economy, Finance and Industry, the Minister of Public Service, State Reform and Land Management and the Minister Delegate for Budget and Budget Reform are responsible, each with regard to him, for the execution of this Order, which will be published in the Official Journal of the French Republic.

Done in Paris on 20 August 2003.

Jean-Pierre Raffarin

By the Prime Minister:

Minister of Social Affairs,

and solidarity,

François Fillon

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

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