Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Finance and Employment,
Considering the trade code, including its article L. 233-16;
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 amended Act No. 90-568 of 2 July 1990 on the organization of the public service of the post and France Télécom, in particular its article 29;
Considering the amended Decree No. 90-1111 of 12 December 1990 on the status of La Poste;
In view of Decree No. 2001-814 of 7 September 2001 on the statutory provisions applicable to the body of professional executives of the Post Office;
In view of Decree No. 2007-196 of 13 February 2007 on the equivalencies of diplomas required to present themselves to the competitions of access to the bodies and employment frameworks of the public service;
Having regard to the opinion of the Technical Committee of La Poste dated 20 December 2006;
Considering the opinion of the Supreme Council of the State Civil Service of 3 April 2007;
The State Council (Finance Section) heard,
Decrete:
This decree sets out the specific status of the body of professional executives of La Poste.
La Poste's professional executives provide commercial, technical and financial, managerial, and managerial functions within La Poste.
La Poste's professional staff includes the unique rank of professional framework with sixteen steps.
A decision of the Chairman of the Board of Directors of La Poste sets out the list of various professional specialties carried out by the members of the body governed by this decree and defines the corresponding functions.
La Poste professional staff are recruited:
1° By means of an external competition open to candidates holding a title or level III degree or a qualification or training recognized as equivalent to one of these titles or diplomas, under the conditions set out by the decree of 13 February 2007 referred to above;
2° Through an internal competition open to La Poste officials other than those mentioned in the 3rd. Applicants must justify at least three years of effective service in La Poste or its subsidiaries, including one year in their grade, and have received, where appropriate, appropriate training;
3° Through a professional examination reserved for employees of La Poste with the ranks of technical officer and superior level management, divisional controller, technical chief, 1st class trans-shipment conductor or 3rd class executive. These officials must justify at least two years of effective service in La Poste or its subsidiaries and, where appropriate, have received appropriate training;
4° By way of a suitability list, established after notice by the parity administrative commission, within 20% of the appointments made in the year under the competitions and professional examinations provided for in 1°, 2° and 3°. Can be listed on this aptitude list:
(a) La Poste's technical and superior management officers justifying at least ten years of effective service in La Poste or its subsidiaries and having reached the 5th step of their rank;
(b) Officials of La Poste who hold the ranks of divisional controller, chief technician, conductor in charge of trans-shipment of 1st class or head of establishment of 3rd class justifying at least 10 years of actual service in La Poste or its subsidiaries, five years in their rank.
The old service conditions required at 2° and 3° are appreciated on the closing date of the applications.
The service seniority requirements at 4° are assessed as at December 31 of the year before that for which the fitness list is established.
The number of positions to be filled under each of the recruitment routes referred to in this section is determined by a decision of the Chairman of the La Poste Board of Directors.
In no case, the total number of positions to be filled through the examination, professional examination and fitness list provided for in 2°, 3° and 4° cannot be less than 25% of the total number of positions to be filled for all recruitment routes.
Competitions, professional examination and fitness list mentioned in Article 5 may be provided by professional specialties. The Chairman of the Board of Directors of La Poste defines, for each specialty, the titles or diplomas to be held or the trainings to be completed, on the closing date of the applications.
The number of participation in the competitions scheduled for 2° of Article 5 is limited to three per year.
The competitions and professional examinations provided for in Article 5 may be organized either on trials or on titles, or on titles and works, possibly completed with tests. The list of titles required shall be determined by joint order of the Minister for Posts and the Minister for Public Service.
The general organization rules for these competitions and the professional examination as well as the composition of the jury are set by decision of the president of the board of directors of La Poste.
The professional staff of La Poste recruited under the competitive examinations provided for in Article 5 shall be appointed interns and shall undertake a six-month internship.
At the end of the internship, trainees whose way of service has given satisfaction are titularized.
The other trainees may, after notice of the parity administrative commission, be allowed to benefit from an extension of the internship for up to six months after which the persons concerned are titularized if their manner of service has given satisfaction.
Trainees who have not been authorized to receive an extension of the internship or whose extension of the internship has not been deemed satisfactory are, after notice of the parity administrative commission, either reintegrated into their bodies, employment framework or employment of origin, if they had previously been a civil servant or terminated.
Periods of extension of the internship are not taken into account for the advancement.
At the beginning of their internship, when the latter includes a period of professional training of at least six months, La Poste professionals recruited under the contest mentioned in the 1st of Article 5 sign a commitment to serve La Poste or the State for a minimum period of five years from the date of their appointment as a trainee.
In the event of a breach of this undertaking more than three months after the date of appointment in that capacity, the persons concerned shall, unless the breach is not attributable to them, reimburse La Poste all or part of the remuneration received during their internship, taking into account the duration of the remaining services to be performed. The amount of this refund is determined by a decision of the Chairman of the Board of Directors of La Poste.
I. - La Poste technical and senior management officers, La Poste technical and second-level management officers, La Poste technical and managerial officers, La Poste's second-level professional staff, La Poste's first-level professional staff, La Poste's first-level professional staff and La Poste's professional staff appointed in the Professional category are classified in their new rank in accordance with the following tables:
You can see the table in the OJ
n° 211 of 12/09/2007 text number 18
You can see the table in the OJ
n° 211 of 12/09/2007 text number 18
You can see the table in the OJ
n° 211 of 12/09/2007 text number 18
You can see the table in the OJ
n° 211 of 12/09/2007 text number 18
You can see the table in the OJ
n° 211 of 12/09/2007 text number 18
You can see the table in the OJ
n° 211 of 12/09/2007 text number 18
II. - Public servants other than those mentioned in I and appointed in the sole rank of the professional executive body of La Poste governed by this decree are classified in their new rank at the level with an equal index or, if not, immediately higher than that held in their original grade.
When the indiciary gain resulting from their appointment is less than the one that would have given them a level of advancement in their former position, it is assigned to them, at the level of their new grade, an seniority equal to the seniority held at the level of their former grade multiplied by the ratio between the duration of the new grade and that of the former grade.
Employees appointed as they have attained the last step of their previous grade shall retain their seniority, within the time limit set out in section 11, when the indiciary gain resulting from their appointment is less than the time that they had been appointed to the rank.
The duration of the time spent in each of the ranks of the body of the professional executives of La Poste governed by this decree, to reach the upper level, is fixed as follows:
You can see the table in the OJ
n° 211 of 12/09/2007 text number 18
For the purposes of this decree, the companies on which the latter exercises exclusive control within the meaning of Part II of Article L. 233-16 of the Commercial Code are considered subsidiaries of La Poste.
Class B officials, or members of an equivalent body, with a grade of at least equal to the index for the first step of the grade of the body governed by this decree, may be detached into that body.
The detachment is pronounced at the level with an equal index or, if not, immediately higher than that held in the original grade or employment.
The persons concerned shall retain, within the time limit set out in Article 11, the seniority they had acquired in their previous grade or employment when the indiciary gain resulting from the detachment is less than that which would have been granted to them in their original situation.
During their detachment, the interested parties contribute to the advancement of the level with the officials of the staff of the professional executives of La Poste governed by this decree.
When placed in a detachment position for at least two years, they may, upon their request, be integrated into the body of La Poste's professional frameworks.
They are appointed in their new body at the level that they held in the detachment position, with the conservation of the acquired seniority.
The services performed in their bodies, employment framework or employment of origin are assimilated to services performed in their integration bodies.
Officials of the professional staff of La Poste fall under the executive category within the meaning of Article 3 of the above-mentioned Decree of 12 December 1990.
Nationals referred to in Article 5 bis of the Act of 13 July 1983 referred to above shall not be appointed in a job involving the exercise of duties related to the execution of the duties provided for in Article R. 1-1-25 of the Post and Electronic Communications Code.
The professional executives of La Poste governed by the aforementioned decree of 7 September 2001 are integrated into the body of the professional executives of La Poste governed by this decree with equivalence of the level with the conservation of the acquired seniority.
The services performed in the original body are assimilated to services performed in the body governed by this decree.
When the persons registered on the lists of admission to the contests or on the aptitude list provided for in the decree of 7 September referred to above are not yet appointed on the date of entry into force of this decree they retain the benefit of their registration to be appointed in the body of the professional executives of La Poste governed by this decree.
Trainees who started their internship in the professional staff of La Poste before the date of entry into force of this decree continue their internship in the new body of professional executives of La Poste governed by this same decree.
Representatives of the members of the body to the administrative commission of the professional executives of La Poste governed by Decree No. 2001-814 of 7 September 2001 referred to above shall be held in office until the expiry of their term.
The above-mentioned decree of 7 September 2001 is repealed with the exception of its annex, the provisions of which remain applicable to agents who had not opted for the status provided for by this decree and are incorporated into the body of the professional executives of La Poste governed by this decree.
In all statutory or regulatory texts, the reference to the above-mentioned decree of 7 September 2001 is replaced by the reference to this decree.
The Minister of Economy, Finance and Employment, the Minister of Budget, Public Accounts and the Public Service, the Secretary of State for the Public Service and the Secretary of State for Business and External Trade are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, September 10, 2007.
François Fillon
By the Prime Minister:
Minister of Economy,
finance and employment,
Christine Lagarde
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
Secretary of State
Public Service,
André Santini
Secretary of State
Enterprise
and Foreign Trade,
Hervé Novelli
