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Decree No. 2002 - 1278 23 October 2002 On Derogations To Minimum Guarantees Of Duration Of Work And Rest For Some Staff In The Territorial Services Of The Ministry Of The Interior

Original Language Title: Décret n° 2002-1278 du 23 octobre 2002 portant dérogations aux garanties minimales de durée de travail et de repos applicables à certains agents en fonction dans les services territoriaux du ministère de l'intérieur

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Summary


Application de la directive 93/104/EC du 23-11-1993 concernant certaines aspects de l' aménagement du temps de travail. By Decree 2000-815 of 25-08-2000 on the development and reduction of working time in the public service of the State, the government transposed into domestic law the provisions of a Community Directive on the development and reduction of working time. The decree, in particular, determines, in its art. 3-I, a number of minimum guarantees of working and rest. In Art. 3-II, the above-mentioned decree provides for two possibilities of derogation from these guarantees: the permanent derogations defined by a decree (art. 3-II (a) and exemptions for a limited period in the event of exceptional circumstances by a decision of the head of service (art. 3-II (b). The specificity of the functions of the prefectural body, which justifies the existence of a particular status derogating from many points to the general status of the public service, makes it necessary to adapt these minimum guarantees to senior officials who have the responsibility of national interests in the departments and regions, and who embody the permanence of the State. Thus this decree derogates from the provisions of art. 3-l of the above-mentioned decree of 2000 by establishing an adapted system of minimum guarantees that introduces more flexibility, while establishing a framework of reference. It defines agents subject to this derogatory regime, situations justifying an exemption and the safeguards that apply in this case. (1) officers subject to the derogatory regime: These are: - prefects and sub-prefects assigned to territorial positions, high commissioners in Polynesia and New Caledonia; - Secretaries-General for Regional Affairs. From different bodies, these officers are detached from functional jobs managed by the Prime Minister's services. As part of their functions, they are obliged to participate in the mission of representation of the State. In addition, they perform permanences on weekends, during which they can have to manage crises extending over time; - Civil secretaries and administrators placed with the high commissioners of the Republic or senior administrators in the Overseas Territories and New Caledonia, which, without belonging to the prefectural corps, perform the same functions; - officials occupying, by delegation of the prefect, the executive functions of the office. It is a major asset or a director of the national prefecture framework who performs the functions of cabinet director by delegation of prefectures in small departments. There are 25 today. Although they do not belong to the prefectural body, they enter the perimeter of the decree taking into account the nature of the functions they perform; - officials who, according to the same logic, occupy the executive functions of the office or administrative division chief in the territories of overseas, New Caledonia and Saint-Pierre-et-Miquelon, and who are not always members of the prefectural body. (2) situations justifying an exemption: There are four: - the realization of a natural or technological risk justifying the mobilization in the emergency of services; - the imperative necessity of maintaining order; - the occurrence of events or activities of particular importance within the scope of the service missions but whose irregular occurrence does not permit a sustainable adaptation of their organization of work time. This can be for example the organization of elections or major events of government initiative; - State representation missions. They are provided by the Law of 02-03-1982 on the Rights and Freedoms of Municipalities, Departments and Regions, which states that the Prefect is a representative of the local government. The prefectural body is actually led to organize or participate in many events, which traditionally take place outside the classic hours of service, and which escape any time planning. 3) the new minimum guarantees: in the four situations mentioned above, the minimum guarantees are: - the weekly duration of actual work cannot exceed 70 hours during the same week or 60 hours on average over a 12-week period; - weekly rest cannot be less than 35 hours; - the daily working period may not exceed 15 hours in a maximum amplitude of 16 hours. In return for these exemptions, the employees concerned are compensated for the compensation scheme that is paid to them.

Keywords

INTERIOR , PUBLIC FUNCTION , CENTRAL ADMINISTRATION , TERRITORIAL SERVICE , PERSONNEL , FUNCTIONNAIRE , AMENAGEMENT OF THE TEMPS OF WORK, ARTT , TEMPS OF WORK , REDUCTION OF THE TEMPS OF WORK , RATIVED


JORF n°250 of 25 October 2002 page 17680
text No. 1



Decree No. 2002-1278 of 23 October 2002 derogating from minimum working and rest guarantees applicable to certain officers in the territorial services of the Ministry of Interior

NOR: INTA0200205D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/10/23/INTA0200205D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/10/23/2002-1278/jo/texte


The Prime Minister,
On the report of the Minister of Interior, Internal Security and Local Freedoms, the Minister of Economy, Finance and Industry, the Minister of Public Service, State Reform and Land Management, the Minister of the Overseas and the Minister for Budget and Budget Reform,
In light of Council Directive 93/104/EC of 23 November 1993 on certain aspects of working time development;
In view of Decree No. 2000-815 of 25 August 2000 on the development and reduction of working time in the State public service, and in particular Article 3 thereof;
Having regard to the advice of the ministerial technical committee dated 21 December 2001;
Having regard to the opinion of the Conseil supérieur de la service publique dated 12 February 2002;
The State Council (Finance Section) heard,
Decrete:

Article 1 Learn more about this article...


For the prefects, the representatives of the State in the Overseas Territories and in New Caledonia, the sub-prefects, the general secretaries for regional affairs, the general secretaries and civil administrators placed with the representatives of the State in the Overseas Territories and in New Caledonia, and the officials occupying, by delegation, the functions of director of the services of the office or of the executive officer
1° The direction and coordination of the action of the State in the event of events involving the security of persons and goods;
2° Monitoring the smooth running of electoral operations;
3° State representation.

Article 2 Learn more about this article...


Subject to the provisions of section 3, for the personnel referred to in section 1:
(a) The weekly duration of actual work may not exceed seventy hours during the same week, with an average duration of sixty hours over any period of twelve consecutive weeks and a minimum weekly rest at thirty-five hours;
(b) The daily working hours cannot exceed fifteen hours. Daily minimum rest is eight hours;
(c) The maximum amplitude of the working day is sixteen hours.

Article 3 Learn more about this article...


The guarantees set out in Article 2 shall not apply where exceptional circumstances warrant, including:
1° In the event of a natural or technological risk requiring the mobilization in the emergency of services;
2° In the event of threats or events of particular importance within the scope of service missions but whose irregular occurrence and scope do not allow for a sustainable adaptation of their organization of work time.

Article 4 Learn more about this article...


The officers referred to in section 1 shall, in return for the hardships arising from their duties, be compensated under the compensation scheme applicable to them.

Article 5 Learn more about this article...


The Minister of the Interior, Internal Security and Local Freedoms, the Minister of Economy, Finance and Industry, the Minister of Public Service, State Reform and Land Management, the Minister of the Overseas and the Minister Delegate for Budget and Budget Reform 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, 23 October 2002.


Jean-Pierre Raffarin


By the Prime Minister:


The Minister of the Interior,

of Internal Security

and local freedoms,

Nicolas Sarkozy

Minister of Economy,

finance and industry,

Francis Mer

The Minister of Public Service,

of State Reform

and landscaping,

Jean-Paul Delevoye

The overseas minister,

Brigitte Girardin

Minister for Budget

and budgetary reform,

Alain Lambert


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