Key Benefits:
Minister of Health, Youth and Sports,
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu le Decree No. 86-83 of 17 January 1986, as amended by Decree No. 2007-338 of 12 March 2007, relating to the general provisions applicable to non-State agents taken for the application of theArticle 7 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State;
Vu le Decree No. 2006-781 of 3 July 2006 setting out the conditions and procedures for the payment of costs caused by the temporary movement of civil personnel of the State,
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It is established at the Ministry of Youth and Sports a competent national parity advisory board with respect to non-members of the youth, sports and community life sector, recruited on the basis of thearticle 4 or ofarticle 6 of the law of 11 January 1984 referred to above, in function of central or decentralized services, or in public institutions under the supervision of the Minister for Youth and Sports, with the exception of officers recruited by rectoral contracts.
This commission is placed with the Human Resources Director of the Ministry of Youth and Sports.
The organization, composition, operation and powers of the Commission shall be determined by the provisions of this Order.
The National Joint Advisory Committee established by this Order shall consist of an equal number of representatives of the administration and staff representatives.
It includes, for the representatives of the administration, four incumbent members and four alternate members and, for staff representatives, four incumbent members and four alternate members.
Members of the National Joint Advisory Committee are appointed for a period of three years. Their mandate can be renewed.
The duration of their mandate may be exceptionally reduced or extended, in the interest of the service, by order of the Minister for Youth and Sports. These reductions or extensions may not exceed one year.
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, in accordance with the above provisions.
Representatives of the administration, incumbent members and alternate members of the commission, coming, during the above-mentioned three-year period, as a result of the resignation of the administration or of their term as a member of the National Joint Advisory Commission, of long-term leave under the National Joint Advisory CommissionArticle 34 of the Act of 11 January 1984 referred to above, lay-off or for any other cause other than advancement, to cease the functions in which they were appointed, are replaced under the conditions set out in section 7 below. The term of office of their successors expires in this case during the renewal of the commission.
Staff representatives, incumbent members and alternate members of the Commission, coming in the course of their term of office, as a result of termination of the contract, resignation of the administration or their term of office as a member of the National Joint Advisory Committee, leave without pay or sick leave of more than six months, to cease the functions for which they were appointed, shall be replaced under the conditions set out in Article 6 below. The term of office of their replacements expires in this case when the commission is renewed.
The replacement of staff representatives who are unable to perform their duties on any of the grounds listed in section 5 above shall be as follows:
(a) If it is a incumbent representative, the first alternate shall be appointed as the holder representative and shall be replaced by another non-holder designated by the same trade union organization;
(b) If it is an alternate representative, it is replaced by another non-holder designated by the same trade union organization.
Where a trade union organization is unable to fill in the conditions set out in the two preceding paragraphs with the seats of a member holding or an alternate member to whom it is entitled, the seats left vacant shall be allocated in accordance with the procedure provided for in the second paragraph of Article 20 below where the term of office remaining to be held is less than or equal to the third of the term provided for in Article 3 of this Order. Where the remaining term of office is greater than one-third of the duration of Article 3 of this Order, the renewal of the members of the Commission for the remainder of the term of office shall be carried out under the conditions set out in Articles 8 to 21 below.
Representatives of the administration, holders or alternates, shall be appointed by order of the Minister for Youth and Sports within fifteen days of the proclamation of the results of the elections under sections 8 to 21 of this Order.
They are chosen from among the staff performing their functions in the youth, sports and associative life sector of the ministry responsible for youth and sports. These are staff members of category A or non-public law who are equal to those who are authorized to serve, but are not eligible to serve as chair of the commission.
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 in the case of early renewal of the commission, the elections to the National Joint Advisory Committee established by this Order shall take place at least four months and two months before the expiry date of the term of office of the members in exercise, as determined in Article 3 above. The election date is set by the Minister for Youth and Sports.
The officers referred to in section 1 of this Order shall be electors who meet the following conditions:
1° Rationale for a minimum contract of six months at the date of the election;
2° Being, on the date of the election, in office for at least two months, in activity or in parental leave.
The list of electors shall be stopped by the Director of Human Resources and shall be posted at least 15 days before the date fixed for the ballot.
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 for Youth and Sports shall promptly decide on the claims.
Any employee union organization may run for election.
Union organizations shall apply to the Director of Human Resources at least six weeks before the date of the elections.
Nominations shall be the name of a delegated officer of the list, authorized to represent the candidate union organization in all electoral operations.
No application may be filed or amended after the deadline for the previous article.
Where, at the deadline for submission of applications, no applications have been filed, the procedure provided for in the first paragraph of Article 20 of this Order shall be used.
When several trade union organizations affiliated with the same union of trade unions have submitted competing applications for the same election, the administration shall, within three frank days of the deadline for filing the lists, inform the head of each of these organizations. The latter then has a period of three free days to make the necessary changes or withdrawals of applications.
If, after the expiry of the latter period, these amendments or withdrawals have not taken place, the administration shall inform within three frank days of the union of trade unions whose organizations claim. It then has a period of five frank days to indicate to the administration, by registered letter with request for notice of receipt, the organization that 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 submitted the applications in question cannot benefit from the provisions of Article 14 of the Act of 11 January 1984 referred to above and may not avail itself of membership in a union for the purposes of the first paragraph of Article 13 below.
The ballots, the professions of faith and the envelopes are prepared, at the expense of the administration, according to a model provided by the administration. Reference is made on the ballot paper of the possible membership of the trade union organization, on the date of the filing of the lists, to a union of national trade unions.
Voting ballots, professions of faith and envelopes are transmitted by the administration to non-registrants on the list of electors.
A central polling station is formed for the election. It conducts the counting of the ballot and the proclamation of the results. It includes a president and secretary appointed by the Minister for Youth and Sports, as well as a delegate from each trade union organization in attendance, if any.
The vote is held by secret ballot and under envelope. Electors indicate the union organization by which they intend to be represented.
The vote is by correspondence. The voting material includes a set of envelopes, a bulletin for each trade union organization, established by the administration according to a model, and the profession of faith written by each trade union organization. Envelopes sent by electors must arrive at the polling station before the polling closing hour.
The dates and practical arrangements for organizing these consultations are specified by instruction of the Minister for Youth and Sports.
The polling station notes the total number of votes and determines the total number of valid votes cast, as well as the number of votes obtained by each organization.
In addition, it determines the electoral quota by dividing the total number of valid votes cast by the number of incumbents to be elected.
The seats of staff representatives to the parity advisory board shall be allocated to the proportionate, as follows:
(a) Each trade union organization is entitled to as many seats as a incumbent representative as the number of votes collected by it contains the electoral quota. Representing seats remaining to be filled are allocated according to the highest average rule;
(b) In the event that, for the assignment of a seat, organizations have the same average, the seat is assigned to the organization that has collected the largest number of votes. If the organizations in question collected the same number of votes, the seat is assigned to one of them by drawing lots.
Each organization shall be allocated a number of seats of alternate representatives equal to that of the incumbent representatives elected under that organization.
A record of electoral operations is prepared by the polling station and transmitted immediately to the delegates of each trade union organization in attendance. The polling station proclaims the results without delay.
When no nominations have been filed by trade union organizations, a new ballot shall be held within a period not less than six weeks and more than ten weeks from the date originally scheduled for the election. This ballot shall be held in the conditions determined by the preceding articles.
In the case that no trade union organization has made an application for this second ballot, staff representatives are appointed, by way of drawing, among non-registrant agents referred to in Article 1 of this Order. If the non-registrants so designated do not accept their appointment, the vacancies of staff representatives shall be attributed to representatives of the administration.
Disputes on the validity of electoral operations are brought, within five days of the proclamation of the results, to the Minister for Youth and Sports and, where appropriate, to the administrative jurisdiction.
Each trade union organization has a period of fifteen days from the proclamation of the results to make known the names of the representatives, holders and alternates, to occupy the seats assigned to it.
Such representatives shall be appointed from among the eligible officers to be an elector to the National Advisory Committee established by this Order.
However, non-responsible agents on severe sick leave under thearticle 13 of the decree of 17 January 1986 referred to aboveneither those who are incapacitated by articles L. 5 to L. 7 of the electoral code, nor those who have been struck by a temporary exclusion of duties under thearticle 43-2 of the decree of 17 January 1986 referred to aboveunless they have been amnestied.
The National Joint Advisory Committee established by this Order is obligatoryly consulted on individual decisions relating to terminations occurring after the trial period and disciplinary sanctions other than warning and blame.
The Commission may also be consulted on any individual matters relating to the professional situation of non-holders.
The Joint Advisory Committee is chaired by the Director of Human Resources. However, in the event of an incapacity, the chair designates, to replace it, another representative of the administration, a member of the board. Reference is made in the minutes of the meeting.
The Joint Advisory Committee shall develop its rules of procedure. 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 deputy secretary and transmitted within one month to the members of the commission.
The National Joint Advisory Committee shall meet at least twice a year, at the invitation of its Chairperson, at its initiative or, within a maximum of two months, upon written request of at least half of the staff representatives.
At the request of the administration or at the request of staff representatives, the President shall summon experts to be heard on one or more items on the agenda.
Experts can only attend the portion of the debate, excluding the vote, on the issues for which their presence was requested.
Alternates may attend meetings without participation in the proceedings. They only have a deliberate voice in the absence of the incumbents they replace.
The National Joint Advisory Committee shall be seized by its Chairperson or upon written request signed by at least half of the staff representatives of any matters within its jurisdiction. It issues its views 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.
When the Commission refers to the situation of a staff representative serving as a holder, it shall be appealed to the first alternate representative or, if not, to another alternate representative from the same trade union organization.
The meetings of the National Joint Advisory Committee are not public.
All facilities must be provided to members of the National Joint Advisory Committee by the administration to enable them to fulfill their responsibilities.
In addition, communication must be given to them of all the documents and documents necessary for the performance of their mission, at least eight days before the date of the session.
A leave of absence is granted to staff representatives, incumbents and alternates, and to experts 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.
The Commission shall deliberate only on the condition that it observe the rules of procedure and procedure established by this Order and by its rules of procedure provided for in the second paragraph of Article 24 of this Order. 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.
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 living expenses under the conditions fixed by the decree of 3 July 2006 referred to above.
When the Board is required to make a decision in disciplinary matters, only staff representatives at a hierarchical level at least equal to that of the officer whose file is reviewed, appreciated by reference to the usual statutory categories of public servants, as well as an equal number of representatives of the administration, are required to deliberate.
In the case that no representative of staff occupying a level of at least equal to that of the officer whose file is examined does not exist or may not sit, the commission shall be supplemented by representatives designated by drawing of lots among non-registrant agents referred to in Article 1 of this Order and occupying a level of employment at least equal to that of the officer concerned.
The Order of December 28, 1978 establishing a competent parity commission with respect to the contractual personnel of the National Riding School is repealed. This commission shall remain in office until the entry into force of the National Joint Advisory Committee established by this Order.
The Director of Human Resources, Administration and General Coordination is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, February 11, 2008.
For the Minister and by delegation:
The Director of Human Resources,
of general administration and coordination,
H. Canneva
