Key Benefits:
Minister of Foreign Affairs,
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. 69-546 of 2 June 1969 establishing the status of contractual agents of the central administration of the Ministry of Foreign Affairs, as amended by Decrees No. 72-58 of 19 January 1972 and No. 76-455 of 12 May 1976 and No. 2002-309 of 1 March 2002;
Having regard to amended Decree No. 86-83 of 17 January 1986 relating to the general provisions applicable to non-State officials under Article 7 of Act No. 84-16 of 11 January 1984, which provides statutory provisions for the public service of the State;
In view of the advice of the first departmental technical committee dated 12 December 2001,
Stop it!
It is established with the general management of the administration of the Ministry of Foreign Affairs a competent parity advisory board for contractual agents under the provisions of the decree of 2 June 1969 referred to above.
The organization, composition, powers and operation of this commission shall be governed by the provisions of this Order.
This commission is composed of an equal number of representatives of the administration and staff representatives. It includes incumbent members and an equal number of alternate members.
The number of staff representatives is two incumbent members and two alternate members for each category.
However, where the number of officers in a category is less than twenty, the number of staff representatives in this category is reduced to a incumbent member and an alternate member. If a category has less than five officers, the representation of this category is grouped with that of the immediately higher category.
In the light of the above, the composition of the appropriate parity advisory board for contracting agents based on the central administration is determined in accordance with the following table:
You can see the table in the OJ
n° 54 of 05/03/2002 page 4186 to 4188
Members of the parity advisory board 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 interest of the service for all members of the commission by order of the Minister for Foreign Affairs. These reductions or extensions may not exceed one year.
However, in the event that the structure of the categories of agents concerned would be modified by the intervention of an organic text, the term of office of the members of the commission could be terminated unconditionally by order of the Minister of Foreign Affairs.
Upon the renewal of the commission, the new members shall take office on the date on which the term of office of the members to whom they succeed is terminated.
The representatives of the administration, the incumbent or alternate members of the commission, who, in the course of their term of office, cease the functions for which they were appointed, are replaced in the form specified in Article 7 below. The term of office of their successor expires in this case during the renewal of the commission.
The replacement of staff representatives, incumbent or alternate members of the Commission, who are unable to carry out their mandate, shall be as follows:
- end of contract;
- unpaid leave for family or personal reasons;
- severe sick leave,
and cease the functions for which they were appointed, or which no longer meet the conditions laid down in Article 11. 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 for the training under consideration shall be appointed holder. He is himself replaced by the second alternate of the same list;
- if it is the first alternate representative, it is replaced by the second alternate from the same list.
Where a list is unable to provide, under the conditions set out in the preceding paragraphs, the seats of the holder and alternate representative to whom it is entitled, the seat left vacant shall be filled by lot among the officers eligible for the commission.
Representatives of the administration, holders and alternates, within the commission shall be appointed by order of the Minister for Foreign Affairs within fifteen days of the proclamation of the results of the elections under sections 15 to 20 by this Order.
They are selected from officials of the Ministry of Foreign Affairs of a category A or assimilated body, including the official to serve as Chair of the commission.
The incumbent civil servant is not required by the representatives of the administration occupying jobs for which the appointment is left at the discretion of the Government pursuant to section 25 of the Act of 11 January 1984.
Except for the anticipated renewal of the commission, elections for the appointment of staff representatives shall be held at least four months and two months before the expiry date of the term of office of the members in office. The date of the elections is set by the Minister for Foreign Affairs.
All contractual agents of the Ministry of Foreign Affairs shall be electors in a position of activity or in a position of parental leave, governed by the decree of 2 June 1969 referred to above.
For the performance of electoral operations, electors are divided into polling stations or sections created by decrees of the Minister of Foreign Affairs.
The list of electors by polling station or polling station is posted at least 15 days before the date fixed for 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 after its expiry, claims may be made against registrations or omissions on the list of electors.
The Minister of Foreign Affairs shall promptly decide on the claims.
All contractual agents of the Ministry of Foreign Affairs are eligible for registration.
However, contractual agents may not be elected, on severe sick leave, or those who are incapacitated by articles L. 5 to L. 7 of the electoral code or one of the disciplinary sanctions provided for in article 21 of the decree of 2 June 1969 referred to above, unless an amnesty or a decision has been made to ensure that no evidence of the sanction pronounced remains to their file.
Each list must include as many names as there are filling positions, incumbents or alternates.
Only representative trade union organizations can apply.
Trade union organizations must file their list at least six weeks before the date for the elections, they must indicate the name of a delegate, entitled to represent them in all electoral operations.
No list may be filed or amended after the deadline for the preceding paragraph. The filing of each list must be accompanied by a declaration of application signed by each candidate.
If, after that date, one or more candidates on a list are recognized as ineligible, the list concerned is considered to have not submitted any candidates for the corresponding grade.
However, if the fact of ineligibility occurred after the deadline for the filing of the list, the failed candidate may be replaced without changing the date of the elections.
No withdrawal of nominations may be effected after the nomination of applications.
The ballots and envelopes are prepared at the expense of the administration, according to a model provided by the administration.
For each election a central polling station is established.
It may also be established by order of the Minister for Foreign Affairs of the voting sections and special polling stations. The votes cast in the voting sections shall be transmitted, under covert fold, either to a special polling station if any, or to the central polling station.
The special polling stations, when established, proceed with the counting of the ballot and transmit the results to the central polling station.
The central polling station conducts the counting of the ballot when there is no special polling station. In any case, it proceeds to the proclamation of results.
The central polling station and, where appropriate, the special polling stations include a president and secretary appointed by the Minister of Foreign Affairs and a delegate from each list in attendance.
The voting sections include a chair and secretary designated by the chief of service to whom they are placed and, where appropriate, a delegate from each list in attendance.
Electoral operations are conducted publicly in the workplace and during hours of service.
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.
In accordance with the conditions laid down in Article 16 of this Order, a person who, on the date of the election, does not exercise his or her functions at the headquarters of the central polling station or, if any, a special polling station or a polling station or who is in a position of absence regularly authorized, in a position of leave or because of the necessity of the service or material constraints.
In case of correspondence, the elector:
- inserts the ballot in a "bubble" colour envelope with no distinctive mention or sign that must be closed but not glued;
- places this envelope in a white envelope entitled "election to the parity advisory board for non-registrants with an indefinite contract based on the central administration of the Ministry of Foreign Affairs" on which it indicates its name, first name, category and affixes its signature.
The white envelope must be cached and transported under a third pre-addressed envelope to the Ministry of Foreign Affairs (human resources management PLB, parity commissions elections), 23, rue La Pérouse, 75016 Paris.
Folds must arrive before the closing time of the polling station.
The central polling station notes the total number of voters and determines 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 for all the personnel concerned.
Staff representatives within the parity advisory committee are elected by a list vote with proportional representation, depending on their representational nature that is cleared during the election. The designation of the incumbent members shall be as follows:
Each list is entitled to as many seats as incumbent representatives as the number of votes collected by it contains the electoral quota. The seats of the incumbents remaining to be filled are allocated according to the highest average rule. In case two lists have the same average and only one seat left to be filled, the said seat is assigned to the list that collected the largest number of votes. In case of equality, the seat is assigned to the oldest candidate in attendance.
The incumbent representatives are designated in the order of presentation of the list. Each list shall be assigned a number of seats of alternate representatives equal to that of the incumbent representatives.
In the event that no list presents candidates on the occasion of the election, staff representatives shall be designated by lot as officers eligible for the commission. If the designated officers refuse their appointment, the seats left vacant shall be allocated to representatives of the administration.
A record of electoral operations is prepared by the central polling station and immediately transmitted to the Minister for Foreign Affairs and to the list delegates.
Disputes on the validity of electoral transactions shall be brought within five days of the proclamation of the results to the Minister for Foreign Affairs and, where appropriate, to the administrative jurisdiction.
The Commission is empowered to issue an opinion on any individual matters relating to contractual agents, including: notation, change of category, reduction or increase of the average duration in a step, promotion and advancement, termination of employment and for disciplinary reasons, change of residence.
It is also aware, at the request of interested contractual agents, of decisions denying permission to perform part-time or unpaid leave for family or personal reasons, as provided for in Decree No. 86-83 of 17 January 1986 referred to above.
It may finally be seized, under the conditions provided for in article 26 of this Order, of any individual matters concerning personnel.
The Joint Advisory Committee is chaired by the Director General of Administration.
The president is, in the event of an incapacity, replaced by the oldest administrative representative in the higher hierarchical employment.
The Commission shall develop its rules of procedure in accordance with the standard rules established for the parity administrative commissions. This regulation is subject to approval by the Minister of Foreign Affairs.
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 once a year, at the convocation of its president. It may also meet, within a maximum of two months, at the written request of at least half of the staff representatives.
Alternates may attend the meetings of the Committee without being able to participate in the debates or the vote. They only have a deliberate voice in the absence of the incumbents they replace.
The Chair of the Commission may convene experts at the request of the administration or at the request of staff representatives to be heard on a agenda item.
Experts can only attend part of the discussions on the issues for which their presence was requested. They're not voting.
The Commission shall have before it by the Chairperson or upon written request signed by at least half of the staff representatives of all matters within its competence.
It 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 authority makes a decision contrary to the notice or proposal issued by the Commission, the authority shall inform the Commission of the reasons that led to the decision not to follow the notice or proposal.
Committee meetings are not public.
The committee sits in plenary meeting.
A staff representative may not participate in the deliberations of the commission when the commission is required to decide on its case. It is then replaced by an alternate member.
All facilities must be provided to the parity advisory board by the administration to enable it to fulfill its responsibilities. In addition, the communication must be given to it of all 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 to allow them to attend 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, within two days.
Members of the commission are subject to the obligation of professional discretion with respect to all facts and documents that they have been aware of in this capacity.
The commission shall only deliberate validly, provided that it observes the rules of procedure and procedure established by this Order and by the rules of procedure.
In addition, at least three quarters of the 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.
Members of the commission do not receive any compensation as a result of their duties in the commission. They are, however, compensated for their travel and residence expenses under the conditions established by the regulations in force.
When the commission is called upon to decide on a termination pursuant to the provisions of Article 21 of this Order, it shall ensure that the contracting agent concerned has been able to take note of his case before the meeting, that he has been informed of the possibility to be 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 decision of 24 May 1993 establishing a competent parity advisory board for contract agents of the central administration is repealed.
The commission previously constituted on the date of publication of this Order shall remain in office until the results of the elections consecutive to this Order.
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 in Paris, March 1, 2002.
Hubert Védrine
