Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of Higher Education and Research,
Considering the education code;
Vu le search code ;
Vu le Public Health Code ;
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. 50-1370 of 2 November 1950 amended on the special status of officials of the Central School of Arts and Manufactures;
Vu le Decree No. 53-566 of 15 June 1953 establishing rules of advancement applicable to conservatory teachers;
Vu le Decree No. 67-955 of 24 October 1967 modified setting the conditions for the advancement of teachers at the Collège de France;
Vu le Decree No. 83-1260 of 30 December 1983 Amending the statutory provisions common to the bodies of public officials of scientific and technological institutions;
Vu le Decree No. 84-135 of 24 February 1984 amended by establishing the status of teachers and hospitals in hospitals and universities;
Vu le Decree No. 84-431 of 6 June 1984 Amending the common statutory provisions for teachers-researchers and bearing particular status of the body of university professors and the body of lecturers;
Vu le Decree No. 85-733 of 17 July 1985 amended on lecturers and professors from associated or invited universities;
Vu le Decree No. 86-434 of 12 March 1986 amended to include the status of the body of astronomers and physicists and the body of assistant astronomers and physicists;
Vu le Decree No. 87-31 of 20 January 1987 amended on the National Council of Universities for Medical, Odonological and Pharmaceutical Disciples;
Vu le Decree No. 89-709 of 28 September 1989 amended to include the status of the body of the principals of the School of High Studies in Social Sciences and the body of the lecturers of the School of High Studies in Social Sciences;
Vu le Decree No. 89-710 of 28 September 1989 amended to include the status of the body of the principals of studies of the School of High Studies and the National School of Charters and the body of the lecturers of the School of High Studies and the National School of Charters;
Vu le Decree No. 90-92 of 24 January 1990 amended to provide for the status of teachers and hospital staff in hospital and university health care, education and dental research centres;
Vu le Decree No. 91-267 of 6 March 1991 amended on associate or invited teachers in certain higher education institutions under the Minister for Higher Education;
Vu le Decree No. 91-966 of 20 September 1991 modified for associate hospital and university staff in medical and odontological disciplines;
Vu le Decree No. 92-70 of 16 January 1992 amended on the National Council of Universities;
Vu le Decree No. 92-1178 of 2 November 1992 amended by establishing the body of the professors of the National Museum of Natural History and the body of the lecturers of the National Museum of Natural History;
Vu le Decree No. 2002-759 of 2 May 2002 amended on the reception by detachment of officials of a Member State of the European Community or of another State Party to the agreement on the European Economic Area other than France in the public service of the State and amending Decree No. 85-986 of 16 September 1985 concerning the particular regime of certain positions of the officials of the State and certain modalities of final termination of functions, including Article 5;
Vu le Decree No. 2002-1294 of 24 October 2002 establishing the general provisions relating to the situation and the conditions of classification of nationals of the Member States of the European Community or of another State Party to the agreement on the European Economic Area, appointed in a body of officials of the State or its public institutions;
Vu le Decree No. 2006-1827 of 23 December 2006 amended with respect to the rules of the level classification following the appointment in certain category A bodies of the public service of the State;
Vu le Decree No. 2008-744 of 28 July 2008 making arrangements for university teachers, holders and non-general medicines;
Having regard to the opinion of the Conseil supérieur de la service publique de l'État (commission des statuts) of 23 January 2009;
The State Council (Section of Administration) heard;
The Council of Ministers heard,
Decrete:
The provisions of this Decree shall apply to the members of the bodies on the list annexed to this Order.
The persons appointed in one of the bodies referred to in Article 1 of this Decree shall be classified at a specified level according to the following articles, at the level of the beginning of this body or possibly of the class of the body under which the recruitment was opened. This classification is made on the basis of service durations or, where applicable, average service durations fixed by the particular statutes for the advancement of seniority in each of the levels of the body.
Persons appointed in one of the bodies referred to in Article 1 of this Decree whose special status provides for the completion of an internship shall be classified as an interns.
I. ― The officers who, prior to their appointment in one of the bodies referred to in Article 1 of this Decree, had the status of civil servant, member or magistrate shall be classified at the level of the beginning of that body or possibly at the class of that body under which a recruitment has been opened, with an index equal to or, if not, immediately higher than that of which they were in their body, grade, class or frame.
When the application of these provisions leads to an increase in salary less than that resulting from a level of advancement in the grievor's former situation, the grievor retains the seniority he had acquired, within the limit of the seniority required for a higher-level promotion in his new situation.
When the application of these same provisions to an employee who has reached the terminal level of his or her former grade leads either not to grant him an increase in treatment or to grant him an increase in treatment less than that resulting from his last advancement in his or her former situation, the Contracting Party retains the seniority that he or she had acquired, within the limit of the seniority required for a promotion to the new grade.
In the event that the application of the provisions of this section would result in the classification of the employee at a level with an index lower than that held in his or her former situation, the individual retains, as a personal measure, the benefit of his or her previous index until the day on which he or she is at least equal in his or her new situation.
II. ― Appointed persons, as the case may be, as a lecturer of the universities-patient hospital, lecturer of the universities-practor hospital of the pharmaceutical disciplines, lecturer of the universities-practor hospital of the centers of dental care, teaching and research or lecturer of the universities of general medicine, who previously had the quality of lecturer or assimilated personnel, in accordance with the decreearticle 6 of the decree of 16 January 1992 referred to above, having reached at least the fourth level of the normal class of their body, are classified, to the equal or default index immediately higher than that they held in their former situation, in the first class of the body of the lecturers of the universities-patients hospital or the body of the lecturers of the universities-practors hospital of the pharmaceutical disciplines or the body of the lecturers of the universities-patients of the hospitals
The research carried out for the preparation of the doctorate, in the framework of a contract of work having been the subject of a convention with a public person, by the appointed personnel, on the one hand, in the body of the professors of the universities or in one of the bodies assimilated to that of the professors of the universities and who had not previously been a civil servant, and on the other, in the body of the lecturers or in the likearticle 6 of the decree of 16 January 1992 referred to aboveunder the following conditions:
1° For access to the body of the lecturers or to one of the assimilated bodies, the scientific council of the institution, or the organ taking place, checks whether the tasks carried out under the contract of work mentioned in the preceding paragraph correspond to the research carried out for the doctoral thesis. Research time is taken into account in its entirety within the three-year limit;
2° For access to the body of university professors or to one of the bodies assimilated, the scientific council of the institution or the organ taking place determines the duration of the classification in the body, within three years, depending on the level, nature and duration of the research carried out under the first paragraph of this article.
The research carried out after obtaining the doctorate, within the framework of a contract of work, by the appointed personnel, on the one hand, in the body of the professors of the universities or in one of the bodies assimilated to that of the professors of the universities and who had not previously been a civil servant, and, on the other hand, in the body of the lecturers or in one of the bodies assimilated to that of the masters of the lecturersarticle 6 of the decree of 16 January 1992 referred to aboveand at least equivalent to that of the functions performed by the members of the host body shall be retained, under the following conditions:
1° For access to the body of the lecturers or to one of the assimilated bodies, the level of functions is appreciated by the scientific council of the establishment, or the organ taking place. The time spent on research is taken into account in full within the limit of four years;
2° For access to the body of university professors or one of the bodies assimilated, the scientific council of the institution or the organ taking place determines the duration taken into account in the body, within the limit of four years, depending on the level, nature and duration of the research carried out under the first paragraph of this article.
Those who, prior to their appointment in one of the bodies referred to in Article 1 of this Decree, had the quality of hospital practitioners are reclassified to a specified step by taking into account, on the basis of service durations fixed for the advancement of seniority for each of the levels of this body, a fraction of their seniority. The services performed are retained for half of their duration up to twelve years and for three quarters beyond the same period of twelve years.
The services performed as the chief of clinics of the universities-assisted hospitals, chief of clinics of the universities of general medicine, university assistants of medicine or pharmacy, university assistants of the centers of care, teaching and dental research or university practitioners by the staff appointed lecturers of the universities-hospital practitioners, lecturers of the universities-hospital practitioners
1° For persons justifying at least four years of service in these capacities, the services performed are retained for three years;
2° For those who have served in these capacities for less than four years, the services performed are retained for half of their duration.
The persons mentioned in the first paragraph of this article are classified, as the case may be, at a level of the second class of the body of the lecturers of the universities-patients or the body of the lecturers of the universities-practors hospital of the pharmaceutical disciplines or the body of the lecturers of the universities-patients of the centers of care, teaching and research dental or of the body of the masters of conferences of the medical universities
People recruited in the body of the lecturers or in one of the bodies assimilated to that of the lecturers, in accordance with the decree provided by thearticle 6 of the decree of 16 January 1992 referred to above, are classified in the beginning class of this body at a specified level taking into account all services performed as:
1° Temporary attack on teaching and research, governed by the Decree No. 88-654 of 7 May 1988 ;
2° D'allocataire de recherche, governed by the Decree No. 85-402 of 3 April 1985 ;
3° From monitor, governed by Decree No. 89-794 of 30 October 1989 ;
4° Contractual doctoral of public institutions of higher education or research, governed by the Decree No. 2009-464 of 23 April 2009.
People are classified at a level of the body's beginning class, on the basis of service durations fixed for the advancement of seniority in each step of the body.
The services retained under the second, third, fourth and fifth paragraphs of this article are cumulative, with the exception of those carried out simultaneously as a monitor governed by the above-mentioned decree of 30 October 1989 and a research allotted under the aforementioned decree of 3 April 1985.
When persons have previously exercised their appointment in one of the bodies referred to in Article 1 of this decree of duties as associate teacher pursuant to decree of 17 July 1985 referred to above, decree of 6 March 1991 referred to above and decree of 20 September 1991 referred to above, the duration of these functions is taken into account in full for classification in the corresponding level body.
The persons appointed in one of the bodies referred to in Article 1 of this decree which prior to their appointment had the status of non-public officer, local authorities or their public institutions, other than those mentioned in Articles 4, 5, 6, 7, 8 and 9 above, are classified at the level of the beginning of this body or possibly of the class of that body under which a recruitment has been opened. This classification is determined by taking into account, on the basis of service durations fixed for the advancement of seniority in each of the levels of this body, a fraction of the service seniority under the conditions specified in 1°, 2° and 3° of I and in II of Article 7 of the above-mentioned Decree of 23 December 2006.
By derogation from the provisions of articles 3, 4, 5, 10 and 12 of this decree, researchers governed by the Decree of 30 December 1983, contracted scientific personnel of public research institutions and public interest groups, appointed in one of the bodies mentioned in section 1 of this decree, are classified at a specified level taking into account the time they have spent in a level function at least equivalent to that of the functions performed by members of the host body.
The duration of services in functions of at least one level equivalent to that of the functions to which it is applied is taken into account for two thirds of the actual services. If the level and nature of the activities warrant, this duration may be taken into account in full after the advice of the scientific council of the establishment or organ taking place.
The provisions of this Article shall not have the effect of providing researchers with a less favourable classification than that resulting from the application of Articles 3, 10 and 12 of this Decree.
Persons who justify the exercise of one or more professional activities carried out under a legal regime other than that of a public officer, in functions and areas of activity of a level and of a nature comparable to those in which members of the host body are classified during their appointment at a specified level taking into account these activities, for half of their duration up to twelve years and two thirds beyond twelve years.
The level of functions and the area of activity are appreciated by the scientific council of the institution or the organ taking place.
Agents who justify services performed in an administration or agency or institution of a Member State of the European Community, other than France, or another State Party to the Agreement on the European Economic Area within the meaning of thearticle 4 of the decree of 24 October 2002 referred to above, appointed in one of the bodies referred to in Article 1 of this Decree, are classified under the following conditions:
1° The competences vested in the equivalency commission established by the decree of 2 May 2002 referred to above, as they result from article 8 of the decree of 24 October 2002 referred to above, are exercised by the scientific council of the establishment or the organ taking place;
2° The services are taken into account, in accordance with the terms set out in the above-mentioned Decree of 24 October 2002, on the proposal of the scientific council of the establishment or organ taking place, which also determines the level of the functions performed by the persons concerned.
Agents who justify services performed in an administration or agency or institution of a non-member State of the European Community, or not a party to the agreement on the European Economic Area, in functions of at least equivalent to that of functions performed by members of the host body, shall be classified under the following conditions:
Services shall be taken into account, in accordance with the terms set out in this Decree, on the proposal of the scientific council of the establishment or organ taking place, which shall also determine the level of the functions performed.
The terms and conditions of such consideration shall be determined by assimilation to the terms and conditions set out in articles 10 and 12 above, as the persons concerned have exercised public or assimilated activity or private activity.
I. ― Where persons appointed under the above articles may avail themselves of the provisions of Articles 4 to 12 of this Order, these provisions shall be cumulative, provided that such services have not already been taken into account in the initial access to an official body.
For the purposes of this decree:
1° The functions that are not performed on a full-time basis are taken into account in competition with the services actually performed;
2° The same period can only be taken into account once;
3° Requests for classification pursuant to this decree shall be submitted within one year of the appointment of the persons concerned in one of the bodies referred to in Article 1.
The classification is made on the date of appointment or, if applicable, on the date of appointment as a trainee.
II. ― When the period of preparation of the doctorate, of the state doctorate, of the postgraduate doctorate, of the diploma of the engineer or of the university diplomas, qualifications and titles of the French or foreign level deemed equivalent by the scientific council of the institution, or the organ in taking place, has not been completed under contract of work and has not been taken into account in accordance with the provisions of this decree, it opens up the right to a bonus of two yearsarticle 6 of the decree of 16 January 1992 referred to above.
This Order comes into force on 1 September 2009.
The provisions of this Order apply to trainees on the date of publication of this Order. They have a period of one year to apply for classification pursuant to Articles 4 to 12 of this Order.
I. ― In all texts referring to Decree No. 85-465 of 26 April 1985, the reference to this Decree is substituted for it.
II. ― Are repealed:
1° The Decree No. 85-465 of 26 April 1985 relating to the classification rules for persons appointed in the bodies of teachers-researchers of higher education institutions and research under the Ministry of National Education;
2° TheArticle 54-1 of Decree No. 84-135 of 24 February 1984 referred to above Status of teachers and hospitals in hospital and university centres;
3° TheArticle 17 of Decree No. 2008-744 of 28 July 2008 Provisions relating to university professors, holders and non-general medicines.
The Prime Minister, the Minister of Higher Education and Research, the Minister of Health and Sports, the Minister of Budget, Public Accounts and the Public Service and the Secretary of State for the Public Service are responsible, each with respect to him, for the implementation of this decree, which will be published in the Official Journal of the French Republic.
A N N E X E
LIST OF CLASSED FUNCTIONAL CORPS
PRESENT PROVISIONS
University professors and lecturers governed by the Decree No. 84-431 of 6 June 1984.
Professors of the School of Arts and Manufactures Decree No. 50-1370 of 2 November 1950 relating to the special status of officials of the Central School of Arts and Manufactures.
Professors of the National Conservatory of Arts and Crafts Decree No. 53-566 of 15 June 1953 concerning the regulation of public administration for the setting of the rules of advancement applicable to teachers of the National Conservatory of Arts and Crafts.
Professors of the College of France governed by the Decree No. 67-955 of 24 October 1967 setting the conditions for the advancement of teachers at the Collège de France.
Professors of universities-patients and lecturers at universities-patients governed by the Decree No. 84-135 of 24 February 1984.
Professors of universities-patients in pharmaceutical disciplines and lecturers at universities-patients in pharmaceutical disciplines governed by the Decree No. 84-135 of 24 February 1984.
Professors of universities-patients in dental care, teaching and research centres and lecturers at universities-patients in dental care, education and research centres regulated by the Decree No. 90-92 of 24 January 1990 establishing the status of teachers and hospital staff in hospital and university health, education and dental research centres.
Professors of general medical universities and lecturers of general medical universities governed by the Decree No. 2008-744 of 28 July 2008 Provisions relating to university professors, holders and non-general medicines.
Astronomers and assistant physicists and astronomers and assistant physicists Decree No. 86-434 of 12 March 1986 bearing statutes of the body of the astronomers and physicists and the body of the assistant and physicists.
Director of studies and lecturers of the School of High Studies in Social Sciences governed by the Decree No. 89-709 of 28 September 1989 Status of the body of the principals of studies of the School of High Studies in Social Sciences and the body of the lecturers of the School of High Studies in Social Sciences.
Director of studies and lecturers of the School of High Studies, the National School of Charters and the French School of Far East governed by the Decree No. 89-710 of 28 September 1989 bearing the status of the body of the principals of studies of the School practice high studies and the body of the lecturers of the School practice of high studies, the National School of Charters and the French School of Far East.
Professors and lecturers of the National Natural History Museum Decree No. 92-1178 of 2 November 1992 bearing the status of the body of the professors of the National Museum of Natural History and the body of the lecturers of the National Museum of Natural History.
Done in Paris, April 23, 2009.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister of Higher Education
and research,
Valérie Pécresse
Minister of Health and Sports,
Roselyne Bachelot-Narquin
Minister of Budget, Public Accounts
and the Public Service,
Eric Woerth
Secretary of State
Public Service,
André Santini
