Key Benefits:
Minister of Immigration, Integration, National Identity and Co-development,
Considering the Code of Entry and Residence of Aliens and the Right of Asylum, including Book VII of its legislative and regulatory parts;
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. 82-451 of 28 May 1982 amended on the parity administrative commissions of the public service of the State;
Vu le Decree No. 86-83 of 17 January 1986 amended to apply the general provisions applicable to non-State agents 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. 93-34 of 11 January 1993 amended with special status of the bodies of officials of the French Agency for the Protection of Refugees and Stateless Persons;
Considering the advice of the technical committee of the French Agency for the Protection of Refugees and Stateless Persons dated 13 December 2007;
On the proposal of the Director General of the French Refugee and Stateless Office,
Stop it!
It is established with the Director General of the French Office for the Protection of Refugees and Stateless Persons (OFPRA) a competent parity advisory board with respect to contract agents of public law of the French Office for the Protection of Refugees and Stateless Persons.
The organization, composition, powers and operation of this commission shall be governed by the provisions of this Order.
The parity advisory board referred to in Article 1 shall include:
4 representatives holding the administration, including the chair of the commission, and an equal number of alternates;
4 staff representatives appointed under the following conditions. The Commission also includes alternate members whose number is equal to that of the incumbents.
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 a service interest, by a decision of the Director General of the OFPRA. This reduction or extension may not exceed one year.
Upon the renewal of the commission, the new members shall be appointed on the date on which the term of office of the members to whom they succeed is terminated.
Representatives of the administration, holders or alternates, within the parity advisory board shall be appointed by a decision of the Director General of the OFPRA within fifteen days of the proclamation of the results of the elections under sections 13 to 20.
They are selected from the agents of the French Agency for the Protection of Refugees and stateless persons belonging to a body classified in category A or assimilated.
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.
Representatives of the incumbent or alternate members of the parity advisory board who, in the course of their term of office, cease the functions for which they were appointed shall be replaced in the form specified in section 4 for the duration of their remaining term.
Except for the anticipated renewal of the commission, elections for the appointment of staff representatives shall be held no later than four months and no later than two months before the expiry date of the term of office of their members in office, as determined in Article 3. The date of these elections is determined by decision of the Director General of the OFPRA.
The OFPRA's contractual agents of public law are electors in an activity position or in a parental leave position. They must be recruited for a minimum period of six months and have been in office for at least three months from the date of voting.
Without prejudice to the rights they retain in their original administration, the incumbent civil servants, seconded in a contract, are electors in their detachment.
The list of electors is stopped by the Director General of the OFPRA. It is posted at least 15 days before the date set for the consultation.
Within eight days of posting, 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 Director General of the OFPRA shall decide promptly on the claims.
The trade union organizations considered representative may present themselves to the consultation provided for in Article 6 of this Order.
Are considered representative trade union organizations regularly affiliated with a union of trade unions meeting the conditions defined in theArticle 9 bis of the Act of 13 July 1983 referred to above and trade union organizations satisfactory, in the framework of the election, provisions of Article L. 133-2 of the Labour Code.
Nominations will be required for administrative and financial services, to the attention of the Assistant Secretary-General of the OFPRA, at least six weeks before the date of the election.
The deadline for applications is set by the decision of the Director General of the OFPRA, referred to in section 6 above.
Such nominations may be accompanied by a profession of faith and must mention the name of a delegate, entitled to represent the trade union organization in all electoral operations.
Nominations are the subject of a receipt to the delegate.
When the administration finds that a trade union organization does not meet the conditions set by the third and fourth paragraphs of Article 14 of the Act of 11 January 1984 referred to above, she gives her delegate a reasoned decision declaring the inadmissibility of the application. This decision shall be delivered no later than the day after the deadline for submission of applications.
Nominations established under the conditions set out in this Order shall be posted on the premises of OFPRA, within two days after the date of the close of the nomination.
When, on the deadline for submission of applications, no applications have been filed, the procedure provided for in Article 20.
Voting ballots and envelopes are prepared by the administration according to a model and sent at least three weeks before the date of the election to officers on the list of electors.
For each election, a polling station is established on the OFPRA site, which conducts the counting of the ballot and proclaims the results.
The polling station includes a president and secretary appointed by the Director General of the OFPRA and a delegate from each candidate union organization.
Electoral operations are conducted publicly in the workplace.
The vote is held by secret ballot and under envelope.
Agents in office at the OFPRA vote in the urn or, if impossible, by correspondence.
For the ballot in the ballot box, the elector inserts his ballot in an envelope (this envelope n° 1) on which no mention or distinguishing sign is added. After checking his identity, the elector signs the voters' register and introduces the envelope into the urn.
The correspondence vote is made under the following conditions. The elector inserts his ballot in a first envelope (named envelope 1). This envelope, of a model fixed by the administration, shall not bear any distinctive mention or sign. It inserts this envelope in a second envelope (known as envelope 2), on which its name, first names, assignment and signature must be included. This fold is sealed and placed in a third envelope (known as envelope 3), which it addresses to the OFPRA polling station. Envelope No. 3 must arrive at the polling station before the closing time of the poll.
At the end of the poll, the President of the polling station shall conduct the census of the votes by correspondence under the following conditions. The envelopes No. 3, and the envelopes No. 2 are open. As envelopes 2 are opened, the list of electors is demarcated and envelope 1 filed, without being opened, in the ballot box containing the votes of the agents who voted directly to the ballot box.
Except for, without being open, envelopes No. 3 arrived at the polling station after the closing hour of the ballot, envelopes No. 2 on which do not appear the name or signature of the voting or on which the name is illegible, envelopes No. 2 bearing the name of an elector having voted directly to the ballot box, envelopes No. 2 multiple reached under the signature of the same officer The name of the voters whose envelopes emanate is not on the list of electors.
The slipped ballots directly into envelopes 2 or 3 are excluded.
The polling station shall prepare a record of the census of correspondence votes. The envelopes that have been set aside without being opened are annexed to this report.
The votes reached after the census provided for in this article are returned to the interested parties with the date and time of receipt.
During the counting of the ballot, the ballots found in the ballot box are not counted in the valid votes cast, the ballots found in the ballot box without envelope, the ballots not conforming to the model, the ballots closed, torn or bearing signs of recognition, the multiple ballots contained in the same envelope and denoting different trade unions.
They are considered validly expressed and count for a single vote the multiple ballots, found in the same envelope number 1, in favour of the same trade union organization.
The distribution of the seats of staff representatives according to the rule of proportion to the highest average.
Each trade union organization is entitled to as many seats as incumbent representatives as the number of votes collected by it contains the electoral quota. The seats of any incumbent representatives remaining to be filled are allocated according to the highest average rule. In the event that two trade union organizations have the same average and that only one seat remains to be filled, the seat is assigned to the organization that has collected the largest number of votes; if several of these organizations have obtained the same number of votes, the seat is assigned to one of them by drawing lots.
Each trade union organization shall be assigned a number of seats of alternate representatives equal to that of the incumbent representatives elected under that organization.
The polling station shall prepare the general record of the electoral transactions on which the number of electors, the number of voters, the number of valid votes cast, the number of votes cast and the number of votes obtained by each trade union organization in attendance are recorded. The separate envelopes are annexed to this report without being open and invalid ballots.
It proclaims, without delay, the results of the consultation.
Within fifteen days of the announcement of the results of the staff consultation, each trade union organization shall notify the Director General of the OFPRA of the names of the representatives, holders and alternates, called to occupy the seats assigned to it.
In the event that no nominations are filed on the occasion of the election, staff representatives are appointed by lot to the electorate. If the designated officers refuse their appointment, the seats left vacant shall be allocated to representatives of the administration.
Disputes on the validity of electoral transactions are brought within five days of the proclamation of the results to the Minister of Immigration, Integration, National Identity and Co-development and, where applicable, to the administrative jurisdiction.
Members of the commission may be appointed as eligible officers to be on the list of electors.
However, no appointment may be made to contractual agents on sick leave or to those who are incapacitated by articles L. 5 to L. 7 of the electoral code, or to those who have been temporarily excluded from office, unless they have been amnestied or have been granted a decision accepting their request that no record of the sanction pronounced may be taken.
The replacement shall be made for staff representatives, incumbent or alternate members of the Board, who are unable to exercise their mandate, as a result of termination of the contract, unpaid leave for family or personal reasons, sick leave or on any of the grounds provided for in the second paragraph of Article 22.
The staff representative who is unable to exercise his or her mandate shall be replaced as provided for in sections 19 to 22.
The term of office of the alternates ends at the same time as that of the other members of the Commission.
The parity advisory board is consulted on disciplinary sanctions other than warning and blame, dismissals for professional insufficiency and decisions refusing to benefit from trade union leave.
It shall, at the request of the agent concerned, make decisions denying the authorization to perform part-time service, individual disputes relating to the conditions for the exercise of part-time, decisions denying authorizations of absence to follow an action for the preparation of an administrative contest or a continuous training action, decisions refusing to leave without pay for family or personal reasons, where the regulation provides the possibility of the approval of the agent for the purpose of It is also seized, at the request of the interested officer, of the challenges relating to its assessment.
The Commission is informed of the recruitment of contractual agents and the renewal of contracts since its last meeting.
It shall have before it, under the conditions provided for in Article 30, any individual matters relating to contractual agents under its jurisdiction.
When the commission is called upon to give notice of termination of a contractual agent for professional insufficiency or for disciplinary reasons, it ensures that the agent concerned has been able to take note of his case before the meeting, that he has been informed of the possibility of being heard by the commission, being assisted or represented by a defender of his choice and requesting 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 Joint Advisory Panel is chaired by the Director General of the OFPRA.
In the event of an incapacity, the President shall be replaced by one of the representatives of the administration serving on the parity advisory board.
The Advisory Committee shall develop its rules of procedure in accordance with the standard rules established for the parity administrative commissions. These rules of procedure are subject to the approval of the Minister of Immigration, Integration, National Identity and Co-development.
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 Joint Advisory Committee shall meet at least once 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.
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 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 the portion of the debate, excluding the vote, on the issues for which their presence was requested.
The Advisory Committee shall have before it by its Chairperson or upon written request signed by at least half of the staff representatives of all matters within its competence. 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.
Committee meetings are not public.
The parity advisory committee sits in plenary.
A staff representative whose case is subject to the review of the Board may not participate in the deliberations of the Board when the Board 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 necessary documents and documents to carry out its missions 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 enable the persons concerned to ensure the preparation and reporting of the work of the commission, without the time being able to exceed two days. Members of the commission are subject to the obligation of professional discretion with respect to all facts and documents they have been aware of in this capacity.
In the event of difficulties in the operation of the commission, the Director General shall inform the OFPRA's Joint Technical Committee.
The advisory commission shall deliberate only on the condition that it observe the rules of procedure and procedure established by this Order, as well as by the rules of procedure.
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 parity advisory board may be dissolved by decision of the Director General of the OFPRA. It is then done, within two months and according to the ordinary procedure, to establish a new commission whose renewal is subject to the conditions set out in Articles 3 and 6.
Members of the parity advisory board do not receive any compensation as a result of their duties in that commission.
The Director General of the French Office for the Protection of Refugees and Stateless Persons is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, March 17, 2008.
For the Minister and by delegation:
The Secretary General,
P. Stefanini
