Key Benefits:
The Prime Minister,
On the report of the Minister of State, Minister of Economy, Finance and Industry, Minister of Health and Social Welfare, Minister of Public Service and State Reform and Minister Delegate to Industry,
Considering the code of social action and families;
Considering the Public Health Code;
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 and amended Act No. 86-33 of 9 January 1986 on statutory provisions relating to the public hospital service;
Having regard to amended Act No. 90-568 of 2 July 1990 on the organization of the public service of the post and telecommunications, including section 29-3;
In view of the amended Decree No. 85-986 of 16 September 1985 on the particular regime of certain positions of State officials and certain modalities for the final termination of functions;
Having regard to Decree No. 2004-738 of 26 July 2004 on the application of the provisions of Article 29-3 of the amended Law No. 90-568 of 2 July 1990 on the organization of the public service of the post and telecommunications;
Having regard to the advice of the Higher Council of the Hospital Public Service dated 14 June 2004;
The State Council (Finance Section) heard,
Decrete:
Officials of France Télécom may be integrated on their application until 31 December 2009, under the conditions provided for by this decree, in all civil servants of the hospital public service, without their opposition to the rules relating to recruitment provided for in the specific statutes governing these bodies.
However, access to functions whose exercise is subject, by the Public Health Code or the Code of Social Action and Families, to the possession of a specific degree remains subject to the detention of this degree.
The commission provided for in the last paragraph of section 29-3 of the above-mentioned Act of 2 July 1990 is for the public hospital service the one created in article 2 of the above-mentioned decree of 26 July 2004 in its composition set out in article 8 below.
The mission of this commission is to:
1° To determine, on the proposal of the administration or reception facility, the bodies, grade and step in which the employee of France Télécom volunteer to benefit from the provisions of section 29-3 of the above-mentioned Act of 2 July 1990 will be intended to be detached and then integrated;
2° To verify whether the conditions provided for in Article 5 for the renewal of the detachment are met;
3° To prepare an annual report to the Minister of Health on the implementation of the provisions of this Order. This report is communicated to the Higher Council of the Hospital Public Service.
With a view to benefiting from the provisions of section 29-3 of the above-mentioned Act of 2 July 1990, the employee of France Télécom requested to occupy a vacant job in the administration or reception facility.
If the applicant is selected, the applicant asks France Télécom to make a four-month probationary internship at the disposal of this administration or host institution during which France Télécom remains responsible. A convention determines the conditions of employment of the interested party and specifies the conditions for its possible reintegration before the end of the internship.
With a view to receiving the person in detachment, the administration or host institution shall, no later than fifteen days from the date of commencement of the probationary course, have the classification board.
The Commission's decision is forwarded to the authority that seized it and to France Télécom. The authority having seized the commission shall notify the person concerned of this decision.
At the end of the probationary stage, the official of France Télécom is placed, on his application approved by France Télécom and in agreement with the administration or reception establishment, in a detachment position for a period of eight months, according to the terms fixed by the classification commission and in the conditions fixed by the decree of September 16, 1985 referred to above, subject to the provisions of this decree. This detachment is the subject of information from the competent administrative commission.
Two months before the end of his detachment, the official of France Télécom may request his integration into the body in which he is detached without being able to oppose the rules fixed by the particular status of the host body. The administration or host institution must decide on this application for integration before the end of the detachment.
The official of France Télécom is, after consultation with the competent parity administrative commission, appointed and held in the host body, in accordance with the provisions of the law of 9 January 1986, at the rank and level held in the position of detachment with retention of the seniority acquired at the level. There remains a right in a detachment position until the completion of this integration procedure.
In the event of a refusal of integration on the part of the host administration or institution or at the end of his detachment if he did not request his integration, the official of France Télécom is reintegrated right into his original body. When the administration or host institution has refused integration, the classification board shall be informed of the reasons for this decision by the author.
The detachment provided for in section 3 may be renewed, once, for a maximum period of one year:
1° When the staff member was absent for more than two months, excluding annual leave, during the initial detachment period;
2° To complete a training period when this training is made mandatory for staff members who are accommodated in secondment by the particular status of the body in which the employee of France Télécom is seconded;
3° If the services rendered during the initial detachment are not deemed satisfactory enough to allow immediate integration into the host body.
In view of the jobs to be occupied, the achievements and experience of the employees of France Télécom, adaptation training cycles can be organized for their benefit, during probation or detachment periods.
The content and duration of these trainings are defined by the appointing authority within the administration or host institution.
The conditions for France Télécom's financial participation in these training activities are subject to specific conventions.
The official of France Télécom integrated in one of the bodies of the public hospital service, in accordance with the provisions of this decree, is deemed to hold in the body and in the degree of reception a service time equal to the duration of the services performed in the body and in the original rank of France Télécom.
The composition of the classification committee referred to in Article 8 of the above-mentioned Decree of 26 July 2004 is as follows:
The members mentioned in 3°, 5° and 6° are respectively:
(a) At 3°: the director of hospitalization and care organization or his representative;
(b) At 5°: the Director General of Social Action or his representative;
(c) At 6°: two qualified personalities appointed by order of the Minister for Health.
The appointing authority within the host administration or institution or its representative may, with an advisory vote, attend the sitting of the classification committee.
A representative of France Télécom, appointed by his chair or by the delegate of France Télécom, attends with an advisory vote at the meetings of the Commission.
Rapporteurs selected from category A or assimilated officials are appointed by order of the Minister for Health.
The classification committee shall only deliberate validly if at least four of its members are present at the opening of the meeting. In the event of equal sharing of votes, the president's voice is preponderant.
I. - The composition of the record in which the classification board shall decide and the rules of procedure of the classification board shall be determined, on the proposal of its president, made after consultation with the classification board in its composition set out in section 8, by an order of the Minister for Health.
II. - The classification board may, if it deems it useful, hear the official of France Télécom whose file it examines. It may collect from France Télécom all the information it considers necessary to carry out its mission.
III. - It is pronounced in particular in view of the employment that will be held in the administration or reception establishment, the level of qualification of the interested party, the nature of the functions he has previously performed in France Télécom and the duration of the public services performed.
IV. - At the expiry of a two-month period from the receipt of the complete file referred to in I the absence of a decision of the classification board is to accept the proposal of the authority that had seized it.
The Minister of State, Minister of Economy, Finance and Industry, the Minister of Health and Social Welfare, the Minister of Public Service and State Reform and the Minister Delegate for Industry are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, August 18, 2004.
Jean-Pierre Raffarin
By the Prime Minister:
Minister Delegate to Industry,
Patrick Devedjian
Minister of State, Minister of Economy,
finance and industry,
Nicolas Sarkozy
Minister of Health
and Social Welfare
Philippe Douste-Blazy
Minister of Public Service
and state reform,
Renaud Dutreil
