Decree Of 1 March 2002 On The Establishment Of A Joint Consultative Committee Responsible For Contract Staff Of The Ministry Of Foreign Affairs Under The Provisions Of Decree No. 69-546 Of June 2, 1969

Original Language Title: Arrêté du 1er mars 2002 portant création d'une commission consultative paritaire compétente pour les agents contractuels du ministère des affaires étrangères relevant des dispositions du décret n° 69-546 du 2 juin 1969

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Summary repeal of order 1993-05-24.
Keywords Foreign Affairs function public of the State central ADMINISTRATION, staff NON owner, AGENT contract, joint CONSULTATIVE COMMISSION, CCP, CREATION, organization, operation, COMPOSITION, ELECTION, REPR representative of PERSONNEL, representative of the ADMINISTRATION, Member, Member, Member substitute JORF of 5 March 2002 page 4186 text no. 29 Decree of 1 March 2002 on the establishment of a joint consultative committee responsible for contract staff of the Ministry of Foreign Affairs under the provisions of Decree No. 69-546 of June 2, 1969 NOR : MAEA0120600A ELI: https://www.legifrance.gouv.fr/eli/arrete/2002/3/1/MAEA0120600A/jo/texte the Minister of Foreign Affairs, pursuant to law No. 83-634 of 13 July 1983 as amended on rights and obligations of officials, together Act No. 84-16 of 11 January 1984 as amended statutory provisions on the public service of the State;
Considering Decree No. 69-546 of June 2, 1969, establishing the status of contract staff of the central administration of the Ministry of Foreign Affairs, as amended by decrees no. 72-58 of January 19, 1972 and no. 76-455 12 May 1976 and March 1, 2002 No 2002-309;
Having regard to Decree No. 86 - 83 of 17 January 1986 as amended relating to the General provisions applicable to non-incumbent officials of the State taken for purposes of section 7 of Act No. 84-16 of 11 January 1984 containing statutory provisions relating to public service of the State;
Having regard to the opinion of the first Technical Committee joint ministerial dated December 12, 2001, stop: title I:: ORGANISATION Article 1 more on this article...

It is created from the branch of the administration of the Ministry of Foreign Affairs a competent joint consultative commission for contract agents falling under the provisions of the Decree of June 2, 1969, referred to above.
The Organization, composition, powers and functioning of this commission are governed by the provisions of this order.

Title II: COMPOSITION chapter I: General provisions Article 2 read more on this article...

This commission is composed of an equal number of representatives of the administration and staff representatives. It includes full members and an equal number of alternate members.
The number of staff representatives is two members and two alternate members for each category.
However, when the number of agents of a 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. If a category has less than five officers, the representation of this category is combined with that of the immediately superior.
In light of the foregoing, the composition of the joint consultative committee responsible for contract agents in function at Headquarters is set according to the table below: you can consult the table in OJ No. 54 05/03/2002 page 4186 to 4188 Article 3 more on this article...

The members of the joint consultative commission are appointed for a period of three years. Their mandate can be renewed.
The term of office may be exceptionally reduced or extended in the interests of the service for all of the members of the commission by order of the Minister of Foreign Affairs. Such reductions or extensions may not exceed a period of one year.
However, where the structure of the categories of staff concerned would be amended by the intervention of an organic text, it could be terminated irrespective of length to the mandate of the members of the commission, by order of the Minister of Foreign Affairs.
When the renewal of the Committee, new members come into office on the date on which ends, in application of the preceding provisions, the mandate of the Member to which they succeed.


Article 4 more on this article...

Representatives of the administration, members or alternates the commission, coming while in office to stop reasons functions which they have been appointed, are replaced in the form indicated in article 7 below. The terms of their successor expire in this case when the renewal of the commission.


Article 5 read more on this article...

Shall be made to the replacement of the staff representatives, members hold or alternate of the Committee, in the impossibility to exercise their mandate, as a result:-end of contract;
-from leave without pay reason family or personal;
-serious sick leave, and ceasing the functions for which they have been appointed, or that do more satisfy the conditions laid down by article 11. 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 for training considered is named holder. It was itself replaced by the second alternate for the list;
-If it's the first alternate representative, he was replaced by the second alternate to the list.
When a list is unable to provide, under the conditions laid down in the preceding paragraphs, the seats of representative titular and alternate facing representative she is entitled, the seat left vacant is filled by drawing at random from eligible officers to the commission.

Chapter II: Appointment of representatives of the administration section 7 in more on this article...

The representatives of the administration, and alternates, the Committee are appointed by Decree of the Minister of Foreign Affairs within fifteen days of the proclamation of the results of the elections provided for in articles 15 to 20 with this order.
They are selected from among officials of the Ministry of Foreign Affairs belonging to a class in category A or equivalent body, and including the official called to exercise the Presidency of the commission.
The quality of staff member is not required representatives of administration positions for which the appointment is left to the discretion of the Government by application of article 25 of the law of 11 January 1984.

Chapter III: Appointment of representatives of staff Article 8 in more on this article...

Except in case of anticipated renewal of the commission, elections for the designation of the representatives of the staff are held more than four months and two months at least before the date of expiry of the mandate of the current members. The date of the elections is fixed by the Minister for Foreign Affairs.


Article 9 read more on this article...

Are voters all contract staff of the Ministry of Foreign Affairs in active or in position of parental leave, governed by the Decree of June 2, 1969, referred to above.


Article 10 more on this article...

For the completion of the electoral process, voters are divided into offices or polling divisions created by orders of the Minister of Foreign Affairs.
The list of voters by office or polling division is displayed 15 days at least before the date set for the election.
Within eight days following publication, voters can check registration and, where appropriate, to submit requests for registration. Within the same period, and during three days from its expiry, claims may be made against the entries or omissions on the electoral list.
The Minister of Foreign Affairs decide without delay on the claims.


Article 11 read more on this article...

Are eligible all contract staff of the Ministry of Foreign Affairs, eligible to be registered on the electoral list.
However, may not be elected contractual agents, on leave from serious disease or those who are struck with one of the disabilities imposed by articles 5 to 7 of the electoral code or disciplinary penalties in article 21 of the Decree of June 2, 1969, referred to above, unless an amnesty or that a decision is taken in to that no trace of the pronounced penalty remains on their record.


Article 12 read more on this article...

Each list must contain as many names there are vacancies, licensees or alternates.
Only representative trade union organizations may apply.
Unions must file their list at least six weeks before the date set for the elections, they must indicate the name of a delegate, authorized to represent in all electoral operations.
No list can be filed or amended after the date limit specified in the preceding paragraph. Furthermore, the filing of each list must be accompanied by a statement of candidacy signed by each candidate.
If, after that date, one or more candidates on a list are recognized ineligible, the interested list is considered as having submitted no candidate for the corresponding rank.
However, if the fact motivating the ineligibility is reached after the date limit laid down for submission of the list, the failed candidate can be replaced without having amended the date of the elections.
No withdrawal of candidature cannot be made after the filing of candidacy lists.


Article 13 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.


Article 14 read more on this article...

For each election is established a central polling station.
Can be also created by order of the Foreign Minister of the vote and polling stations special sections. The votes collected from polling is transmitted, sealed, an office voting special if it exists, either at the central polling station.
Special polling stations, where they are established, proceed with the counting of the votes and transmit the results to the central polling station.
Central polling proceeded to the counting of the votes when there is no special polling. In all cases, it is the proclamation of the results.
The central polling station and, where appropriate, special polling stations include a Chairman and a Secretary appointed by the Foreign Minister and a delegate of each list in the presence.
The polling divisions include a Chairman and a Secretary appointed by the head of Department from whom they are placed as well as, where appropriate, a delegate from each list in the presence.


Article 15 read more on this article...

The electoral operations take place publicly in local labour and during hours of service.
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.
Are allowed to vote by correspondence, under the conditions laid down in article 16 of this stopped, officers, at the date of the poll, not engaged in not their duties at the headquarters of the central polling station or, if there is, a special or a polling division polling station or who are in a position to regularly authorized absence, turned to leave or due to operational requirements of the service or hardware constraints.


Article 16 read more on this article...

In the case of absentee ballots, voter:-placing the ballot in an envelope of color "bubble" with no mention or distinctive sign and which shall be closed but not glued;
-place this envelope into a white envelope entitled "election to the Joint Advisory Committee for unlicensed agents boasting a permanent contract in function at the headquarters of the Ministry of Foreign Affairs" on which he indicates his name, category and shall affix his signature.
The envelope white must be sealed and forwarded under a third self-addressed envelope to the Ministry of Foreign Affairs (Directorate of human resources PLB, elections to the boards), 23, rue La Pérouse 75016 Paris.
Wrinkles must be received prior to the closing of the polling time.


Article 17 read more on this article...

Central polling finds the total number of voters and determines 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 to all concerned staff.


Article 18 read more on this article...

Representatives of staff in the joint consultative committee are elected through the list with proportional representation, based on their representativeness character reached on the occasion of the election. The designation of the members is carried out as follows: each list is entitled to as many seats of representatives than the number of votes cast for it contains times the electoral quotient. The representatives seats remaining eventually to be filled are given the highest-average rule. In the case where two lists have the same mean and there is only one seat to be filled, the headquarters is attributed to the list that received the largest number of votes. Tie, the seat is assigned to the older candidates in the presence.
The incumbent representatives are appointed in the order of presentation of the list. It is attributed to each list a number of alternate representatives seats equal to that of the incumbent representatives.
Where no list displays of candidates during the election, the staff representatives are designated by drawing at random from eligible officers to the commission. If the designated agents refuse their appointment, the seats vacated are allocated to representatives of the administration.


Article 19 more on this article...

Minutes of the electoral process is established by polling Center and immediately transmitted to the Minister for Foreign Affairs as well as delegates from list.


Article 20 more on this article...

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 of Foreign Affairs, and then, if necessary, before the administrative court.

Title III: Responsibilities Article 21 in more on this article...

The commission is empowered to issue an opinion on any individual concerning contractual agents, and in particular: notation, change of category, reduction or increase in the average duration in a level, promotion and advancement, dismissal for incompetence and for disciplinary reason, changing with change of residence.
It is also, at the request of interested contractors, of decisions denying leave to perform part-time service or leave without pay for family or personal reasons laid down by Decree No. 86-83 of 17 January 1986 referred to above.
Finally, it can be seized, under the conditions laid down in article 26 of this order, of any individual questions concerning personnel.

Title IV: Functioning Article 22 in more on this article...

The joint consultative committee is chaired by the Director general of administration.
The president is, in the case of impediment, replaced by the oldest representative of the administration in the hierarchically highest employment.


Section 23 read more on this article...

The commission shall draw up its rules of procedure according to the established regulations for the joint administrative commissions. This regulation is subject to the approval of the Minister of Foreign Affairs.
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.


Section 24 read more on this article...

The commission meets at least once a year, convened by its Chairman. It may meet also, within a maximum period of two months, at the written request of the half at least of the representatives of the staff.


Article 25 more on this article...

Alternates may attend the meetings of the Committee without being able to take part in debates or vote. They have voting rights in the absence of persons they replace.
The Chairman of the Committee 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 on issues for which their presence has been requested. They do not participate in the vote.


Article 26 more on this article...

The Committee had before it by the president or upon written request signed by the at least half of the staff representatives of all questions coming within its competence.
It 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 authority shall take 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 27 more on this article...

The meetings of the Committee are not public.


Article 28 more on this article...

The commission shall sit in plenary session.
A representative of the staff may take part in the deliberations of the Committee when the latter is called to rule on his case. It was replaced by an alternate member.


Article 29 more on this article...

All facilities must be provided to the joint consultative committee by the administration to fulfil its responsibilities. In addition, communication must be given to him from all parts and documents necessary for the accomplishment of its mission eight days at least before the date of the meeting.
A leave of absence is granted to the staff representatives 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 reunion, and increased by a time equal to the duration to concerned able to ensure the preparation and reporting of the work of the commission, within the limit of two days.
The members of the commission are subject to the obligation of professional secrecy as regards all the facts and documents which they have become aware in this capacity.


Section 30 read more on this article...

The commission deliberates validly only provided they observe the constitution and operating rules laid down by order, and by the rules of procedure.
In addition, three quarters at least of the members must be present at the opening of the meeting. If this quorum is not reached, a call is sent within eight days to the members of the commission, which sits so validly if half of its members are present.


Article 31 read more on this article...

The members of the commission receive no compensation because of their duties in the commission. They are however compensated for their travel and subsistence expenses in the conditions laid down by the legislation in force.


Article 32 more on this article...

When the commission is called upon to rule on a dismissal in accordance with the provisions of article 21 of this order, it shall ensure that the contract staff member concerned has been able to take knowledge of his case before the meeting, that he was informed of the possibility to be heard by the commission, be assisted or represented by a counsel of choice and request the hearing of 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.


Article 33 read more on this article...

The Decree of 24 May 1993 on the establishment of a joint consultative committee responsible for contract staff of the central administration is repealed.


Article 34 more on this article...

The commission previously established on the date of publication of this order shall remain in office until the results of the elections following this order.


Article 35 learn more on this article...

The Director general of the administration of the Ministry of Foreign Affairs is responsible for the execution of this order, which will be published in the Official Journal of the French Republic.

Done at Paris, March 1, 2002.
Hubert Védrine

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