Key words social COHESION, public service of the State, Central Government, AGENT contract, staff NON owner, joint ADMINISTRATIVE Committee, organization, operation, COMPOSITION, Member holder, member alternate, MODE of appointment, duration of mandate, representative of the ADMINISTRATION, staff representative, list, application, conduct, ELECTION, ELECTOR, candidate, COMMISSION CONSULTATIVE joint JORF n ° 220 September 21, 2005 page 0 text no. 8 order of 19 September 2005 on the organisation , composition and functioning of the joint consultative committee responsible for contract staff of the ministries responsible for labour and health NOR: SOC00511426A ELI: https://www.legifrance.gouv.fr/eli/arrete/2005/9/19/SOC00511426A/jo/texte the Minister of employment, social cohesion and housing and the Minister of health and solidarity, having regard to Act No. 83-634 of 13 July 1983 as amended on the rights and obligations of civil servants together amended Act No. 84-16 of 11 January 1984 on the statutory provisions on the public service of the State;
Considering Decree No. 78-457 17 March 1978 laying down the provisions applicable to contract agents of central administration and the external services of the Ministry of labour and the Ministry of health and social security, as amended by Decree No. 2002-1205 of 26 September 2002 and Decree No. 2005-1183 19 September 2005;
Having regard to the opinion of the Technical Committee joint ministerial joint dated June 30, 2005, stop: Section 1: Organization and composition Article 1 more on this article...
This order establishes the organisation, composition and operation of the joint consultative commission provided for in article 15 of the Decree of 17 March 1978, referred to above, competent for contract staff of the ministries of labour and health.
Article 2 more on this article...
This commission, placed with the Director of the General administration and the modernization of services, is composed in equal numbers of representatives of the administration and elected representatives of interested contractors.
The composition of this commission shall be in accordance with the table below: you can consult the table in OJ No 220 of 21/09/2005 text number 8, however, when the number of contractual agents of the same category is less than 20, the number of the representatives of the staff for this category is reduced to a member and an alternate member.
Section 2: Term of Office Article 3 in more on this article...
Members of the joint consultative commission are appointed for a period of three years. Their mandate can be renewed.
After receiving the opinion of the departmental joint technical Committee, the term of office may be exceptionally reduced or extended, in the interests of the service, by order of the Minister responsible for labour. Such reductions or extensions may not exceed a period of one year.
However, in the event of change in the number of categories of staff contract defined in article 2 of the Decree of 17 March 1978 referred to above, it may be terminated by order of the Minister in charge work without conditions of time, to the mandate of the members of the commission.
Similarly, when the representation of a category of contractual agents could not be ensured either because of the absence of contractual agents of this category, or of the existence of a single contractor in this category in the election of the representatives of the staff within the commission, it may be terminated irrespective of length to the mandate of the members of the Committee as soon as the representation of contractors in this category under the conditions laid down in the last subparagraph of article 2 above, becomes possible. A new election of the commission is then organized.
When the renewal of the Committee, new members are functions on the date at which ends, in application of the preceding provisions, the mandate of the Member to which they succeed.
Article 4 more on this article...
The representatives of the administration, members hold or alternate, coming during the above-mentioned period of three years to stop the functions into consideration which they have been appointed are replaced in the conditions laid down in article 7 below. The terms of their successors expire in this case when the renewal of the commission.
Article 5 read more on this article...
The staff representatives, members hold or alternate, while in office, as a result of termination of contract, resignation, leave without pay, leave grave illness of more than six months, or for any other cause, to stop the functions for which they have been appointed are replaced under the conditions laid down in article 6 below. The mandate of alternates shall expire at the same time as that of the other members of the commission.
Article 6 read more on this article...
The replacement of the representatives of the staff unable to perform their duties, for any of the grounds listed in section 5 above, occurs under the following conditions:-if it is a licensed representative, the first alternate from the list in respect of which he was elected was appointed holder and replaced by the first candidate not elected to the list;
-If there is an alternate representative, he was replaced by the first candidate not elected to the list.
When a list is unable to provide, in the conditions laid down in the three preceding paragraphs, to the representative seat holder and representative for which she right within the commission, it is conducted either as a draw to the fate or the general renewal of this commission depending on the duration of the mandate of the commission remaining : - If the length of the term is less than or equal to one year, the vacant seats are awarded by raffle among the agents in residence within the jurisdiction of the commission;
-If the length of the term is greater than one year, shall be made to the renewal of the commission for the duration of the term.
Section 3: Terms and conditions of appointment of the members of the commission Article 7 in more on this article...
Staff within the joint consultative commission representatives are elected through proportional representation by secret ballot.
The representatives of the administration, incumbent or alternate, are appointed by order of the Minister of labour within fifteen days of the proclamation of the results of the elections provided for in articles 8 and following of this order. They are chosen from among the incumbent staff in category A of the Department.
To the appointment of its representatives, the administration must meet a minimum proportion of one-third of persons of each sex. This proportion is calculated on all members representing the administration, and their alternates.
Article 8 more on this article...
Except in case of anticipated renewal of the commission, the elections were held more than four months and two months at least before the date of expiry of the mandate of the current members, as this date is determined in accordance with section 3 above. The date of the elections is set by the Minister responsible for labour.
Article 9 read more on this article...
Are voters all the officers referred to in article 1 of the present stopped the trial period has expired and who are in position of activity, paid leave or parental leave.
Article 10 more on this article...
The voters list shall be determined by the Director of general administration and the modernization of services and is displayed 15 days at least before the date fixed by the returning officer.
Within eight days following publication, voters can check registration and, where appropriate, to submit requests for registration. Within the same period and three days from its expiry, claims may be made against the entries or omissions on the electoral list.
The Minister responsible for labour decide without delay on the claims.
Article 11 read more on this article...
Are eligible for the title of this commission contract staff eligible to be registered on the electoral list of this commission.
However, may not be elected or agents contract on serious sick leave, those who are stricken with disabilities imposed by articles 5 to 7 of the electoral code, nor those who have hit a demotion or a temporary exclusion of functions in accordance with article 26 of the Decree of 17 March 1978 referred to above.
Article 12 read more on this article...
Each list of candidates includes as many names as there are positions to be filled, and alternates, for each of the categories where it intends to be presented.
Lists must be submitted by representative trade unions at least six weeks before the date set for the elections and carry the name of a delegate list agent authorized to represent in all electoral operations, including on the exercise of the choice provided for in article 19.
Furthermore, the filing of each list must be accompanied by a statement of candidacy signed by each candidate. The deposit is under a receipt delivered to the delegate list.
Are considered to be representative trade unions regularly affiliated to a union of trade unions fulfilling the conditions laid down in article 9 bis of the aforementioned law of 13 July 1983 and the unions meeting in the framework where is organized the election, to the provisions of article L. 133 - 2 of the labour code.
Where the authority finds that a list does not meet the above conditions, it challenges the delegate's list a reasoned decision declaring inadmissible, no later than the day following the deadline for filing of candidacy lists.
Article 13 read more on this article...
No list can be filed or amended after the date limit laid down in the preceding article. However, if, within a period of three days following the deadline for submission of lists, one or more candidates on a list are recognized ineligible, the authority shall inform without delay the delegate list. It can then proceed, within a period of three days from the expiry of the period of three days mentioned above, the necessary corrections.
Failing rectification, if one or more candidates on a list are ineligible, the interested list is considered as no candidate had presented.
Whether motivating ineligibility intervened after the deadline for submission of lists, the failed candidate may also be replaced, without that being necessary to change the date of the elections.
The lists set out in the conditions laid down by this order are displayed as soon as possible.
No other withdrawal of candidature cannot be made after the filing of candidacy lists.
When deadline filing lists, no list has been filed, resorted to the procedure laid down in article 22 of this order.
Article 14 read more on this article...
When several unions affiliated to a same union of unions have filed competing lists for that election, the administration shall inform, within a period of three days from the date of filing of the lists, the delegates of each lists. They have then a period of three days to carry out changes or withdrawals of list necessary.
If, after the expiry of this deadline, such modifications or withdrawals of list did not intervene, administration informed the union of unions which lists call for within a period of three days. It then has a period of five days to instruct the administration, by registered letter with request for acknowledgement of receipt, the list which may avail themselves of belonging to the union for the implementation of this order.
In the absence of such indication, the unions who filed lists in issue cannot benefit from the provisions of the 1 ° of article 14 of the aforementioned law of January 11, 1984 and cannot avail themselves of belonging to a union for the purposes of the second paragraph of article 17 of this order.
Article 15 read more on this article...
Voting takes place by secret ballot and envelope.
Electors may vote for an entire list, without cancellation or addition of names and without changing the order of presentation of the candidates. Is no any bulletin prepared in breach of any of these conditions.
The vote takes place by correspondence in the conditions laid down by an order of the Minister responsible for labour. Envelopes sent by the voters must be received at the polling station before the time of the closing of the poll.
Article 16 read more on this article...
A central voting station consists for the election.
Central polling proceeded to the counting of the ballots and the announcement of the results. It comprises a Chairman and a Secretary appointed by the Ministers of labour and health and a delegate of each list in the presence.
Article 17 read more on this article...
The ballots and envelopes are established, at the expense of the administration, according to a template provided by the latter.
Mention, on the ballot, of any of the Trade Union membership, is made to the date of the filing of the lists to a union of unions to national character.
Ballots and envelopes are transmitted by the administration agents care non-incumbent on the electoral list.
Article 18 read more on this article...
Central polling finds the total number of voters and the number of registered and checks whether imposed by article 22 is a quorum before allowing the counting operations.
At the end of counting, it finds the total number of votes validly cast as well as the number of votes obtained by each list. It also determines the electoral quotient by dividing the total number of votes validly cast by the number of representatives to be elected.
Article 19 more on this article...
The designation of the representatives of the staff is carried out as follows: a) total number of seats of representatives allocated to each list: each list is entitled to as many seats of representatives than the number of votes cast for it contains times the electoral quotient.
Representative seats holder possibly remaining are awarded following the highest-average rule.
(b) fixing the categories in which the lists have incumbent representatives: list who is entitled to the greatest number of seats chooses the seats of licensee that it wishes to be granted subject to not prevent by choosing another list to get the number of seats to which it is entitled in the categories for which it had submitted candidates. It may however choose to start more of a seat in each of the categories for which it submitted candidates when no list has submitted candidates for the relevant categories.
The other lists then exercise their choice successively in decreasing order of the number of seats to which they are entitled, under the same conditions and subject to the same reservations. Tie in the number of seats obtained, the order of the choice is determined by the respective number of votes obtained by the lists in the presence. In case of equal number of votes, the choice agenda is determined by drawing lots.
When the above procedure has not helped with one or several lists to fill all the seats to which she would have been entitled, these seats are attributed to the list that category whose representatives remain to designate, received the largest number of votes.
In the case where no list has presented candidates for a category, the representatives of this category are designated by way of a random draw among the agents of that class. If so designated do not accept their appointment, the vacancies of the staff representatives are allocated to representatives of the administration.
c) Designation of the representatives of each category: the incumbent representatives are appointed according to the order of presentation of the list.
d) special provisions: where, for the allocation of a seat, lists have the same mean, seat is assigned to the list that received the largest number of votes. If the lists in question have collected the same number of votes, the seat is attributed to one of them by way of a random draw.
Article 20 more on this article...
It is attributed to each list a number of alternate representatives seats equal to that of the representatives elected on the basis of this list. The elect are designated according to the order of presentation of the list.
Section 21 read more on this article...
Minutes of the electoral process is established at the polling station and transmitted immediately to the delegates of each list in the presence.
Article 22 read more on this article...
When no list filed by representative trade unions or the number of voters is less than half the number of registered voters, was taken to a new poll.
The new poll is organised within a period which may not be less than six weeks or more than ten weeks is the date deadline laid down in article 12 of this order, where no representative trade union organization has presented list or the date of the first ballot, when participation in this election has been less than the rate set above. For this second ballot, any trade union organization may file a list. This election is organized under the conditions determined by this section.
Section 23 read more on this article...
Without prejudice to the provisions of the sixth paragraph of article 14 of Act No. 84-16 of 11 January 1984, disputes on the validity of the electoral operations are brought within a period of five days from the proclamation of the results, before the Minister responsible for labour, and then, if necessary, before the administrative court.
Section 4: Responsibilities Article 24 in more on this article...
The joint consultative committee shall be consulted on all matters that fall within its jurisdiction under articles 16, 20, 26, 28 and 30 of the Decree of 17 March 1978 mentioned above and article 4 of Decree No. 75-205 of March 26, 1975, taken for the purposes of article 43 of the Act No. 71-575 of 16 July 1971 on the Organization of continuing education vocational training permanent officers civilian non-incumbent of the State and public establishments of the State not having the industrial and commercial nature.
Section 5: Functioning Article 25 in more on this article...
The joint consultative committee is chaired by the Director of the General administration competent for the personnel concerned by the items on the agenda. However, if unable to attend, he may be replaced by the oldest representative of the administration in the rank or higher, competent employment for staff affected by the items on the agenda.
The commission shall draw up its rules of procedure, which shall be submitted to the approval of the Ministers of labour and health.
The secretariat is provided by a representative of the authority which may not be a member of the commission.
A representative of the staff is appointed by the commission in its midst to serve as Deputy Secretary.
A report is prepared after each meeting. It is signed by the president and countersigned by the Secretary and the Assistant and transmitted within a period of one month, to the members of the commission.
Article 26 more on this article...
The commission meets at least twice a year on convocation by its Chairman, on its own initiative or within a maximum period of two months, at the written request of a majority of the representatives of the staff.
Article 27 more on this article...
Alternates may attend the meetings of the Committee without being able to take part in the proceedings. They have voting rights in the absence of persons they replace.
The Chairman may convene experts at the request of the authority or at the request of the representatives of the staff so that they are heard on an item on the agenda.
Experts can only attend the part of the debates, excluding the vote, on issues for which their presence has been requested.
Article 28 more on this article...
The commission issues its opinion to the majority of the members present. If a vote is taken, it is held in hands. Abstentions are allowed. However, at the request of one of the members of the commission, voting takes place by secret ballot. In the event of equality of votes, the notice is deemed to have been given or made proposal. When the competent administrative authority takes a decision contrary to the opinion or the proposal issued by the commission, the authority shall inform the commission of the reasons which led it to not to follow the opinion or proposal.
Article 29 more on this article...
The consultative commission sitting in plenary formation outside the following cases.
For advancement of echelon and challenge rating, only sit the incumbent or alternate members representing the category to which belongs the interested agent, as well as an equal number of representatives of the administration.
On change of category and discipline, only sit the incumbent or alternate members representing the category to which belongs the interested agent and members, representatives incumbent or alternate top category as well as an equal number of representatives of the administration.
On discipline, when the agent which the case has been submitted for the consideration of the commission belongs to the highest category, the two representatives of this category sit with their alternates who then vote.
Section 30 read more on this article...
When the commission refers to the situation by a representative of the personnel serving as holder, it appealed to its alternate representative or, failing that, to another alternate representative belonging to the same trade union organization. If, for an employee organization, any holder or alternate may sit, was taken to a draw among the contract referred to in article 1 of this order. If so designated do not accept, the vacancies of the staff representatives are allocated to representatives of the administration.
In the case where the commission is called upon to examine the situation of all representatives and their alternates, of a class or if no staff representative can validly sit, is made of the procedure of draw under the conditions laid down in article 19 (b) to designate representatives among the agents of the corresponding category whose situation is not addressed. In case of refusal to sit or recusal of representatives designated by the fate, the commission seat validly licensed representatives and alternates of the higher category.
Article 31 read more on this article...
The meetings of the Committee are not public.
Article 32 more on this article...
All facilities must be given to the commission by the administration to enable it to fulfil its responsibilities. In addition, communication must be given him all the documents and parts required for the accomplishment of its mission eight days at least before the date of the meeting. A leave of absence is granted to representatives of staff, carriers or alternate, to enable them to participate in the meetings of the commission on simple presentation of their convening. The duration of this leave is calculated taking into account deadlines, time predictable meeting and increased by a time equal to the duration to concerned able to ensure the preparation and reporting of the work of the commission. However, the duration of the leave of absence may not exceed two days. The members of the commission and experts are subject to the obligation of professional secrecy as regards all the facts and documents which they have become aware in this capacity.
Article 33 read more on this article...
In case of difficulty in the functioning of the commission, the president shall inform the Minister responsible for labour which statue after the opinion of the Technical Committee joint ministerial.
Article 34 more on this article...
The commission deliberates validly on the condition to observe the constitution and operation imposed by this by-law and the rules of procedure of the commission. In addition, three quarters at least of its members must be present at the opening of the meeting. If this quorum is not reached, a call is sent within a period of eight days to the members of the commission, which sits so validly if half of its members are present.
Article 35 learn more on this article...
After receiving the opinion of the departmental joint technical Committee, the commission may be dissolved in the form laid down by its constitution. It is then proceeded, within a period of two months and according to the ordinary procedure, the establishment of a new commission.
Article 36 more on this article...
The members and alternates of the Committee receive no compensation because of their duties in the commission. They are however compensated for their travel and subsistence costs under the conditions laid down by Decree No. 90-437 of 28 May 1990, as amended.
Article 37 more on this article...
When the commission is called upon to pronounce on a disciplinary punishment or dismissal, it ensures that the interested agent could take knowledge of his case before the meeting, that he was informed of the possibility to be heard by the commission to be assisted or represented by a counsel of choice and to request witnesses. Even if the person concerned has not worn the opportunities afforded to him or if he has not referred to the notice that was sent to appear before the commission, it sits properly.
Section 6: Transitional and final provisions Article 38 read more on this article...
April 11, 1984 orders modified establishing the Organization, composition and functioning of the boards administrative competent respectively for contract field services staff and contract staff of the central administration of the Ministry of Social Affairs and national solidarity are repealed.
Article 39 more on this article...
Director of the General administration and the modernization of services and the Director of the General administration, personnel and budget to the Ministry of employment, social cohesion and housing are responsible, each in relation to the execution of this order, which will be published in the Official Journal of the French Republic.
Done at Paris, on September 19, 2005.
The Minister of employment, social cohesion and housing, Jean-Louis Borloo the Minister of health and solidarity Xavier Bertrand