Key Benefits:
Minister of Health 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 la Act No. 2007-294 of 5 March 2007 on the preparation of the health system for large-scale health threats;
Vu le Decree No. 82-452 of 28 May 1982 modified on technical committees of parity;
Vu le Decree No. 86-83 of 17 January 1986 relating to the general provisions applicable to non-State officials for the purposes of article 7 of Act No. 84-16 of 11 January 1984 referred to above;
Vu le Decree No. 2003-224 of 7 March 2003 establishing the rules applicable to contractual public law personnel recruited by certain public institutions involved in health or health security;
In view of the deliberation of the EPRUS Board of Directors on 20 November 2007,
Stop it!
It is established, within the Health Emergency Preparedness and Response Facility, a parity advisory committee consisting of:
| Employment Category 1 | 2 incumbent members | 2 incumbent members |
| | 1 alternate member | 1 alternate member |
| Employment category 2 | 1 full member | 1 full member |
| | 1 alternate member | 1 alternate member |
| Job category 3 | 1 full member | 1 full member |
| | 1 alternate member | 1 alternate member |
| Employment category 4 | 1 full member | 1 full member |
| | 1 alternate member | 1 alternate member |
Members of the parity advisory board are appointed for a period of three years. Their mandate can be renewed.
During the renewal of the parity advisory board, the new members shall be based 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 parity advisory board, coming, during the above-mentioned three-year period, as a result of resignation, lay-off, sick leave or for any other cause other than progress, to cease the functions for which they were appointed or which no longer meet the conditions required by this order to be part of the parity advisory board shall be replaced in the form of 5.
The mandate of their successors expires, in this case, during the renewal of the parity commission.
Staff representatives are elected to represent the category of employment to which they belong.
When a incumbent representative is unable to perform his or her duties, his or her alternate is appointed as a holder and is replaced by the first unelected candidate of the same list.
When an alternate representative is unable to perform his or her duties, he or she is replaced by the first unelected candidate of the same list.
Where a list is unable to fill, under the conditions set out in the two preceding paragraphs, the seats of the incumbent members or alternate members to whom it is entitled in a class of employment, the seats left vacant shall be assigned in accordance with the procedure described in the last paragraph of (b) of Article 16 of this Order when the term of office remaining to be carried is less than or equal to the third of the period provided for in the first paragraph of Article 2. When the remaining term of office is greater than one-third of the duration provided for in the first paragraph of Article 2, it shall be renewed for the remainder of the term of office of the group concerned.
Representatives of the administration, holders and alternates, within the commission shall be appointed, by decision of the director general of the establishment, within fifteen days of the proclamation of the results of the elections scheduled for Chapter III of this Order.
They are selected from officers who exercise leadership or responsibility within the institution.
Except as the case of early renewal of the commission, elections shall be held no later than four months and not less than fifteen days before the expiry date of the term of office of its members in office, as determined in Article 2 above. The date of these elections is set by the Director General of the Health Emergency Preparedness and Response Facility.
Are electors agents recruited under indefinite or fixed-term contract under the provisions of theArticle 4 of the Act of 11 January 1984 referred to above with the exception of personal leave, leave without pay or parental leave.
Eligible to the Joint Advisory Panel:
― that meet the conditions to be electors;
who are no longer in probation;
- who have three months of seniority on the date of the election;
and who are not affected by any of the incapacities imposed by Articles L. 5 and L. 7 of the Electoral Code.
Each list of candidates includes as many names as there are filling positions, incumbents and alternates, for one or more categories of job given.
Lists must be filed by representative trade union organizations within the meaning of 1° and 2° of theArticle 14 of the Act of 11 January 1984 referred to above at least six weeks before the date fixed for the elections and shall bear the name of a delegated list officer authorized to represent it in all electoral operations, including for the exercise of the election, as provided for in Article 16.
The Director General sets the deadline for filing lists.
The filing of each list must be accompanied by a declaration of application signed by each candidate. The deposit is subject to a receipt given to the list delegate.
No list may be filed or amended after the deadline for the previous article.
However, if, within three free days of the deadline for filing the lists, one or more candidates on a list are recognized as ineligible, the administration shall promptly inform the list delegate. It may then, within three days of the expiry of the above-mentioned three-day period, make any necessary corrections.
If no correction is made, if 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 job category(s).
If the reasoning of ineligibility occurred after the deadline for filing the lists, the failed candidate may be replaced, without changing the date of the elections.
Lists established under the conditions set by this Order are posted as soon as possible on all sites of the establishment.
No further withdrawal of nominations may be made after the nomination of applications.
Where, on the deadline for filing the lists, no list has been filed, the procedure provided for in Article 19 of this Order shall be used.
When several trade union organizations affiliated with the same union union have filed competing lists for the same election, the administration shall notify, within three frank days of the deadline for filing the lists, the delegates of each of the lists. They then have a period of three free days to make the necessary changes or withdrawals.
If, after the expiry of the last period, these changes or withdrawals of the list have not taken place, the administration shall, within three frank days, inform the union of trade unions whose lists claim. It then has a period of five frank days to indicate to the administration, by registered letter with a request for notice of receipt, the list which 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 filed the lists in question shall not be entitled to the provisions of section 14 of the Act of 11 January 1984 referred to above and shall not avail themselves of membership in a union for the purposes of the second paragraph of section 12 of this Order.
The ballots and envelopes are prepared, at the expense of the administration, based on a model provided by the administration.
On the ballot, mention is made of the possible membership of the trade union organization, on the date of the filing of the lists, of a union of national character.
The ballots and envelopes are drawn up, in at least equal numbers, for each list, to the number of electors on the electoral list of that office.
A polling station is established on the site where the headquarters of the establishment is located or nearby.
The polling station notes the number of voters and proceeds with the counting of the ballot and the proclamation of the results.
The polling station has a president and secretary appointed by the Director General of the Health Emergency Preparedness and Response Facility and a delegate from each list in attendance.
Electoral operations are conducted publicly in the workplace and during service hours.
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.
The vote may take place by correspondence, under the conditions that will be fixed by the director general of the institution. Envelopes sent by electors must arrive at the polling station before the polling closing hour.
The polling station determines 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 groups.
Staff representatives in the Joint Advisory Committee shall be elected by secret ballot to proportional representation. The designation of the incumbent members shall be carried out in the manner specified in this article.
(a) Total number of incumbent seats assigned to each list:
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 any incumbent representatives remaining to be filled shall be allocated according to the highest average rule.
(b) Setting the categories of employment in which the lists have incumbent representatives:
The list being entitled to the largest number of seats each of them in a different job category provided that it does not prevent by its choice another list from obtaining the number of seats to which it is entitled in the categories of employment for which it had nominated candidates; the other lists then exercise their choice successively in the descending order of the number of seats to which they can claim under the same conditions and under the same reservations; in case of equal number of seats obtained, the order of choice is determined by the respective number of votes obtained by the lists in attendance.
In case of equal number of votes, the order of choice is determined by drawing of lots; where the above procedure did not allow one or more lists to fill all the seats to which it could have claimed, these seats are assigned to the list which, for the categories of employment whose representatives remain to be nominated, has obtained the largest number of votes; in the case that no list has submitted candidates for a class of employment considered, the representatives of this category of employment are designated by drawing of lots. If the officers so designated do not accept their appointment, the vacancies of staff representatives shall be attributed to officials of the administration.
(c) Designation of incumbent representatives of each job category:
The incumbent representatives are designated according to the order of presentation of the list.
(d) Special provisions:
In the event that, for the assignment of a seat, lists have the same average, the seat is assigned to the list that collected the largest number of votes. If the lists in question received the same number of votes, the seat shall be assigned to the seat which, pursuant to the first paragraph of Article 9 of this Order, has submitted the largest number of candidates to be elected under the Joint Advisory Committee. If several of these lists have obtained the same number of votes and have presented the same number of candidates, the seat is assigned to one of them by drawing lots.
A number of alternate representatives equal to that of the incumbent representatives elected under this list shall be assigned to each list and for each job category for the representation of the class of employment.
The elect are designated according to the order of presentation of the list. A report of the electoral operations is prepared by the central polling station and immediately forwarded to the Director General of the Health Emergency Preparedness and Response Institution and to the authorized officers to represent the lists of candidates.
A new ballot shall be taken when no list has been filed by the representative trade union organizations or when the number of voters, recorded by the central polling station on the basis of the elections, is less than half the number of registered electors. If the number of voters is less than half of the number of registered electors, the counting of the first ballot is not done. This new ballot shall be held within a period of not less than six weeks or more than ten weeks from either the deadline for filing, as provided for in Article 9 of this Order when no representative trade union organization has submitted a list, that is, the date of the first ballot when participation in that election has been below the rate set out above. For this second ballot, any trade union organization may file a list.
Without prejudice to the provisions of the eighth paragraph of Article 14 of the Act of 11 January 1984 referred to above, the disputes over the validity of the electoral operations shall be brought, within five days of the proclamation of the results, to the Director General of the Establishment for the Preparation and Response to Health Emergency and, where applicable, to the administrative jurisdiction.
The parity advisory board is consulted on individual matters concerning:
1. The evaluation challenges;
2. Proposals and challenges relating to progress;
3. Disputes relating to mutations;
4. Layoffs;
5. Denial of leave for union training;
6. Denial of leave for family reasons, for personal convenience and for business creation, provided for in Title V of the decree of 17 January 1986 referred to above ;
7. Refusal of absence authorization to follow an action to prepare for an administrative competition or a training action, and refusal of training leave;
8. Denial of authorization to perform part-time service and disputes relating to part-time conditions;
9. Disciplinary sanctions under thearticle 43 of the decree of 17 January 1986 referred to above except for blame and warning;
10. Requests for the provision of officers of the institution to a government or public institution of the State, an international organization or an organization pursuant to the Decree No. 2003-1014 of 23 October 2003.
The Joint Advisory Panel is chaired by the Director General of the Institution. In the event of the President's incapacity, the Commission is chaired by a representative of the administration that he designates.
The Commission shall develop its rules of procedure according to the Model Regulations provided for in thearticle 29 of the decree of 28 May 1982 referred to above. It is subject to approval by the Director General of the establishment.
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 twice a year on the convocation of its Chairperson, on its initiative or, within the maximum of two months, upon written request of at least half of the staff representatives.
The Committee shall meet either in plenary or in restricted training when it deliberates on items 1, 2, 4, 9 and 10 of Article 20 of this Order.
When the commission sits in restricted training, only members representing the category of employment to which the interested officer belongs and the members representing the immediately higher category and an equal number of representatives of the administration are called to sit.
When the officer whose case is subject to the review of the Board belongs to the level 1 job category, only the representatives of that category shall sit.
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 incumbent members 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 Commission 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 shall issue a notice to the majority of the members present.
If a vote is taken, the vote shall be taken by hand. 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 adopted. Agreed.
Where, the competent authority makes a decision contrary to the opinion or proposal issued by the Commission, that authority shall inform the Commission of the reasons that led to it not following the proposal or notice issued.
Committee meetings are not public.
Staff representatives may not sit on the commission when it is called upon to deliberate on their individual situation.
Where, for a particular category, no representative of the staff, holder or alternate, may validly sit, the drawing procedure provided for in (b) of Article 16 of this Order shall apply.
In the event of a refusal to serve representatives designated by lot, the representation of this category is not ensured within the commission.
All facilities must be given to the commission by the administration to enable it to fulfill its powers. 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 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.
The members of the commission are subject to the obligation of professional discretion with respect to all facts and documents they are aware of, both within each group and in the plenary committee.
In the event of difficulties in the operation of the commission, the Director General shall report to the Minister(s) of Guardianship.
The commission shall deliberate only on the condition that it observe the rules of constitution and operation enacted by the Decree No. 82-451 of 28 May 1982the present order and its 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 convocation is sent within eight days to the members of the commission who then sits validly, if half of its members are present.
The Director General of the Health Emergency Preparedness and Response Institution is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, June 24, 2009.
For the Minister and by delegation:
Deputy Director
Staff Law
and social relations,
P. Chiron
