Key Benefits:
Minister of Employment, Social Cohesion and Housing and Minister of Health and Solidarity,
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;
In view of Decree No. 78-457 of 17 March 1978 establishing the provisions applicable to contractual agents of the central administration and 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 of 19 September 2005;
Considering the advice of the Joint Ministerial Technical Committee dated 30 June 2005,
Stop:
This Order sets out the organization, composition and operation of the parity advisory board provided for in Article 15 of the above-mentioned Decree of 17 March 1978, competent for contract agents of the ministries responsible for labour and health.
This commission, placed with the Director of General Administration and Service Modernization, is made up of equal numbers of representatives of the administration and elected representatives of interested contractual agents.
The composition of the commission shall be determined in accordance with the following table:
You can see the table in the OJ
n° 220 of 21/09/2005 text number 8
However, where the number of contracting agents in the same category is less than twenty, the number of staff representatives in this category is reduced to a incumbent member and an alternate member.
Members of the parity advisory board are appointed for a period of three years. Their mandate can be renewed.
After advice from the departmental technical committee, the term of office may be exceptionally reduced or extended, in the interest of the service, by order of the Minister responsible for work. These reductions or extensions may not exceed one year.
However, in the event of a change in the number of categories of contractual agents defined in section 2 of the above-mentioned decree of 17 March 1978, the term of office of the members of the commission may be terminated by order of the Minister responsible for work without conditions of duration.
Similarly, where the representation of a category of contracting agents could not be ensured because either of the absence of contracting agents of that category or the existence of a single contractual agent of that category in the election of staff representatives within the commission, it may be terminated without conditions of duration of the term of the members of the commission as soon as the representation of the contracting agents of that category, under the conditions set out in the last paragraph. A new election of the commission is then organized.
Upon the renewal of the commission, the new members shall enter into office on the date on which the term of office of the members to whom they succeed shall be terminated.
Representatives of the administration, incumbent or alternate members, coming during the above-mentioned three-year period to cease the functions for which they were appointed shall be replaced under the conditions set out in Article 7 below. The term of office of their successors expires in this case during the renewal of the commission.
Staff representatives, incumbent or alternate members, coming in the course of their term of office, as a result of termination of contract, resignation, leave without pay, sick leave of more than six months or, for any other cause, to cease the functions for which they were appointed are replaced under the conditions set out in section 6 below. The term of office of the alternates ends at the same time as that of the other members of the Commission.
The replacement of staff representatives who are unable to perform their duties, for one of the reasons listed in section 5 above, shall be carried out under the following conditions:
- if it is a incumbent representative, the first alternate of the list under which he was elected shall be appointed as a holder and replaced by the first unelected candidate of the same list;
- if it is an alternate representative, it is replaced by the first unelected candidate of the same list.
Where a list is unable to provide, under the conditions set out in the three preceding paragraphs, to the seats of the holder and alternate representative to which it is entitled within the commission, a drawing of lots or to the general renewal of that commission shall be carried out according to the duration of the term of office of the remaining commission:
- if the duration of the remaining term is less than or equal to one year, the vacancy(s) shall be attributed by lot to the agents in residence within the jurisdiction of the commission;
- if the remaining term of office is longer than one year, the renewal of the commission shall be carried out for the remainder of the term.
Staff representatives in the parity advisory committee shall be elected by proportional to secret ballot.
Representatives of the administration, holders or alternates, shall be appointed by order of the Minister for Labour within fifteen days of the proclamation of the results of the elections provided for in sections 8 and following of this Order. They are selected from category A officers of the department.
For the designation of its representatives, the administration must respect a minimum proportion of one third of persons of each sex. This proportion is calculated on all members representing the administration, licensees and alternates.
Except as the case of early renewal of the commission, elections shall be held no later than four months and not less than two months before the expiry date of the term of office of the members in office, as determined under Article 3 above. The date of the elections is set by the Minister for Labour.
All officers referred to in section 1 of this Order shall be electors whose trial period is expired and who are in an activity position, on paid leave or on parental leave.
The list of electors is stopped by the Director of General Administration and Service Modernization and is posted at least 15 days before the date fixed by the election.
Within eight days of the publication, electors can verify registrations and, where applicable, submit applications for registration. Within the same period and for three days from its expiry, claims may be made against registrations or omissions on the list of electors.
The Minister of Labour shall promptly decide on the claims.
Such a commission shall be eligible for contractual agents eligible to be registered on the electoral list of that commission.
However, no election may be made by contracting agents on sick leave, nor by those who are incapacitated by articles L. 5 to L. 7 of the electoral code, nor by those who have been struck by a demotion or temporary exclusion of duties under article 26 of the decree of 17 March 1978 referred to above.
Each list of candidates includes as many names as there are filling positions, incumbents and alternates, for each of the categories in which it intends to be submitted.
The lists must be filed by the representative trade union organizations at least six weeks before the date fixed for the elections and shall bear the name of a delegated list officer authorized to represent them in all electoral operations, including for the exercise of the election under section 19.
The filing of each list must be accompanied by a declaration of application signed by each candidate. The deposit is subject to a receipt given to the list delegate.
Trade union organizations are considered representative regularly affiliated with a union of trade unions meeting the conditions set out in Article 9 bis of the above-mentioned Act of 13 July 1983 and satisfactory trade union organizations, as part of the holding of the election, to the provisions of Article L. 133-2 of the Labour Code.
When the Administration finds that a list does not meet the above-mentioned conditions, it shall issue to the Listing Delegate a reasoned decision declaring irreceivability, no later than the day after the deadline for filing the lists of applications.
No list may be filed or amended after the deadline for the previous article. However, if, within three free days of the deadline for filing the lists, one or more candidates on a list are recognized as ineligible, the administration shall promptly inform the list delegate. The latter may then, within three days of the expiry of the above-mentioned three-day period, make necessary corrections.
If no correction is made, if one or more candidates on a list are recognized as ineligible, the list concerned is considered to have not submitted any candidates.
If the reasoning of ineligibility occurred after the deadline for filing the lists, the failed candidate may also be replaced, without changing the date of the elections.
The lists established under the conditions laid down by this Order shall be posted as soon as possible.
No further withdrawal of nominations may be made after the nomination of applications.
Where, on the deadline for filing the lists, no list has been filed, the procedure provided for in Article 22 of this Order shall be used.
When several trade union organizations affiliated with the same union union have filed competing lists for the same election, the administration shall, within a period of three frank days from the date of filing of the lists, inform the delegates of each of the lists. They then have a period of three free days to make the necessary changes or withdrawals.
If, after the expiry of the latter period, these changes or withdrawals of the list have not taken place, the administration shall inform within three frank days the union of trade unions whose lists claim. It then has a period of five frank days to indicate to the administration, by registered letter with a request for notice of receipt, the list which may avail itself of membership of the union for the purposes of this Order.
In the absence of this indication, trade union organizations that have tabled the lists in question shall not be entitled to the provisions of section 14 of the Act of 11 January 1984 referred to above and shall not avail themselves of membership in a union for the purposes of the second paragraph of section 17 of this Order.
The vote is held by secret ballot and under envelope.
Electors can only vote for an entire list, without delisting or adding names and without changing the order of candidates. Any bulletin established in ignorance of any of these conditions shall be void.
The vote shall be taken by correspondence under the conditions established by an order of the Minister for Labour. Envelopes sent by voters must arrive at the polling station before the polling day is closed.
A central polling station is formed for the election.
The central polling station proceeds with the counting and the proclamation of the results. It includes a president and secretary appointed by the ministers responsible for work and health as well as a delegate from each list in attendance.
The ballots and envelopes are prepared, at the expense of the administration, based on a model provided by the administration.
On the ballot, mention is made of the possible membership of the trade union organization, on the date of the filing of the lists, of a union of national character.
Voting bulletins and envelopes are transmitted by the administration to non-registrants on the list of electors.
The central polling station sees the total number of voters and the number of registrants and checks whether the quorum imposed by section 22 is reached before authorizing the counting operations.
At the end of the count, he saw the total number of valid votes cast and the number of votes obtained by each list. It also determines the electoral quota by dividing the total number of valid votes cast by the number of incumbent representatives to be elected.
The appointment of staff representatives is as follows:
(a) Total number of incumbent seats assigned to each list:
Each list is entitled to as many seats as incumbent representatives as the number of votes collected by it contains the electoral quota.
Any remaining incumbent seats are allocated according to the highest average rule.
(b) Setting of categories in which lists have incumbent representatives:
The list being entitled to the largest number of seats selects the seats of the holder that it wishes to be assigned, provided that it does not prevent by its choice another list from obtaining the number of seats to which it is entitled in the categories for which it had nominated candidates. However, it may not select from the outset more than one seat in each of the categories for which it has submitted candidates only in case no list has submitted candidates for the class(s).
The other lists then exercise their choice successively in the descending order of the number of seats to which they can claim, under the same conditions and under the same reservations. In case of equal number of seats obtained, the order of choice is determined by the respective number of votes obtained by the lists in attendance. In case of equal number of votes, the order of choice is determined by drawing of lots.
When the above procedure did not allow one or more lists to fill all the seats to which it could have claimed, these seats are assigned to the list which, for the categories whose representatives remain to be nominated, obtained the largest number of votes.
In the case that no list has submitted candidates for a category, representatives of this category are designated by lot-drawn among the agents of that category. If the officers so designated do not accept their appointment, the vacancies of staff representatives shall be attributed to officials of the administration.
(c) Designation of incumbent representatives of each category:
The incumbent representatives are designated according to the order of presentation of the list.
(d) Special provisions:
In the event that, for the assignment of a seat, lists have the same average, the seat is assigned to the list that collected the largest number of votes. If the lists in question have collected the same number of votes, the seat is assigned to one of them by drawing lots.
Each list shall be assigned a number of seats of alternate representatives equal to that of the incumbent representatives elected under this list. The elect are designated according to the order of presentation of the list.
A record of electoral operations is prepared at the polling station and transmitted immediately to delegates from each list in attendance.
When no list has been filed by representative trade union organizations or when the number of voters is less than half of the number of registered electors, a new ballot is taken.
The new ballot shall be held within a period not less than six weeks or more than ten weeks from either the deadline for filing provided for in Article 12 of this Order, where no representative trade union organization has submitted a list, i.e., the date of the first ballot, where participation in that election has been below the rate set above. For this second ballot, any trade union organization may file a list. This ballot shall be held under the conditions determined by this section.
Without prejudice to the provisions of the sixth paragraph of section 14 of Act No. 84-16 of 11 January 1984, disputes over the validity of electoral operations shall be brought, within five days of the proclamation of the results, to the Minister of Labour and, where appropriate, to the administrative court.
The parity advisory board is consulted on all matters which fall within its jurisdiction under articles 16, 20, 26, 28 and 30 of the aforementioned decree of 17 March 1978 and of article 4 of Decree No. 75-205 of 26 March 1975 taken for the application of article 43 of Act No. 71-575 of 16 July 1971, which organizes the continuing professional training in the framework of permanent education to civil agents not holders of the State
The Joint Advisory Panel is chaired by the Director of the General Administration responsible for the personnel involved in the agenda item(s). However, in the event of incapacity, it may be replaced by the representative of the oldest administration in the highest grade or employment, competent for the personnel concerned by the or points on the agenda.
The Commission shall develop its rules of procedure, which shall be subject to the approval of ministers responsible for work and health.
The secretariat is provided by a representative of the administration who may not be a member of the commission.
A staff representative shall be appointed by the Commission within the Commission to serve as Deputy Secretary.
A report is prepared after each session. It is signed by the president and countersigned by the secretary and deputy secretary and transmitted within one month to the members of the commission.
The Commission shall meet at least twice a year on the convocation of its Chairperson, on its initiative or, within a maximum of two months, at the written request of the majority of staff representatives.
Alternate persons may attend the meetings of the Committee without participation in the proceedings. They only have a deliberate voice in the absence of the incumbents they replace.
The Chair may convene experts at the request of the administration or at the request of staff representatives to be heard on an agenda item.
Experts can only attend the portion of the debate, excluding the vote, on the issues for which their presence was requested.
The Commission shall issue its opinion to the majority of the members present. If a vote is taken, the vote shall be taken by hand. Agreed. However, at the request of one of the members holding the commission, the vote shall be held by secret ballot. In the event of a vote sharing, the notice is deemed to have been given or the proposal made. Where the competent administrative authority makes a decision contrary to the notice or proposal issued by the commission, the authority shall inform the board of the reasons that led to the decision not to follow the notice or proposal.
The advisory committee shall sit in plenary training outside the following cases.
In respect of increment and denying contestation, only the incumbent or alternate members represent the category to which the agent belongs, as well as an equal number of representatives of the administration.
With respect to class change and discipline, only the incumbent or alternate members represent the category to which the interested officer belongs and the members, the incumbent or alternate representatives of the upper class and an equal number of representatives of the administration.
In the area of discipline, where the officer whose case is subject to the review of the commission belongs to the highest class, the two representatives of that category shall sit with their alternates who then have a deliberative vote.
When the Commission refers to the situation of a staff representative serving as a holder, it shall be appealed to its alternate representative or, if not, to another alternate representative from the same trade union organization. If, for a trade union organization, no incumbent or alternate representative may sit, a lot shall be drawn among the contracting parties referred to in Article 1 of this Order. If the officers so designated do not accept, the vacancies of staff representatives shall be attributed to representatives of the administration.
In the event that the commission is required to examine the situation of all representatives, holders and alternates, of a category or if no representative of the staff is validly eligible to sit, the drawing procedure shall be applied under the conditions provided for in article 19 (b) to designate representatives from the corresponding category whose situation is not examined. In the event of a refusal to sit or recusal of the representatives designated by lot, the commission shall sit in the presence of the incumbent and alternate representatives of the upper class.
Committee meetings are not public.
All facilities must be given to the commission by the administration to enable it to fulfill its powers. In addition, the communication must be given to it of all the documents and documents necessary to carry out its mission at least eight days before the date of the session. A leave of absence is granted to staff representatives, holders or alternates, to allow them to participate in the meetings of the commission on a simple presentation of their convocation. The duration of this authorization shall be calculated taking into account the time limits, the expected duration of the meeting and increased by a time equal to that time in order to ensure the preparation and reporting of the work of the commission. However, the duration of the absence authorization cannot exceed two days. Members of the commission and experts are subject to the obligation of professional discretion with respect to all facts and documents that they have been aware of in this capacity.
In the event of difficulties in the operation of the commission, the Chair shall inform the Minister responsible for the work who shall rule after notice of the ministerial technical committee.
The commission shall deliberate only on the condition that it observe the rules of procedure and procedure established by this Order and the rules of procedure of the Commission. In addition, at least three quarters of its members must be present at the opening of the meeting. When this quorum is not reached, a new summons is sent within eight days to the members of the commission, who then sits validly if half of its members are present.
After advice from the ministerial technical committee, the commission may be dissolved in the form provided for in its constitution. It is then done, within two months and according to the ordinary procedure, to establish a new commission.
The incumbent and alternate members of the Commission shall not receive compensation as a result of their duties in the Commission. However, they are compensated for their travel and residence expenses under the conditions set out in Decree No. 90-437 of 28 May 1990 as amended.
When the commission is called upon to decide on a disciplinary penalty or termination, it ensures that the officer concerned was able to take note of his case before the meeting, that he was informed of the possibility of being heard by the commission, to be assisted or represented by a defender of his choice and to request the hearing of witnesses. Even if the interested party did not use any possibilities offered to him or if he did not refer to the summons that was sent to him to appear before the commission, the commission shall sit validly.
The amended Orders of 11 April 1984 setting out the organization, composition and operation of the relevant Joint Administrative Committees, respectively, for contracting outside services and for contracting agents of the central administration of the Ministry of Social Affairs and National Solidarity, are repealed.
The Director of General Administration and Modernization of Services and the Director of General Administration, Personnel and Budget at the Ministry of Employment, Social Cohesion and Housing 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, September 19, 2005.
The Minister of Employment,
social cohesion and housing,
Jean-Louis Borloo
Minister of Health and Solidarity,
Xavier Bertrand
