Key Benefits:
Minister of Economy, Industry and Employment, Minister of Budget, Public Accounts, Public Service and State Reform and Secretary of State for Employment,
Vu le Labour codein particular article L. 5312-19;
In view of the National Employment Pole Agreement of 21 November 2009,
Stop:
The Pôle emploi collective agreement annexed to this Order shall be approved.
The General Delegate for Employment and Vocational Training and the Budget Director are responsible, each with regard to the execution of this Order, which will be published in the Official Journal of the French Republic.
A N N E X E
CONVENTION COLLECTIVE NATIONALE
EPLOYMENT
Preamble
The will of the parties signatories to this collective agreement is that the Pôle emploi staff, governed by this collective agreement, has all the individual and collective guarantees necessary to carry out its activity and its professional development, in order to secure its future.
In addition, all of the provisions of this collective agreement are based on the principles of respect, non-discrimination, neutrality and independence required for the fulfilment of the duties of agents.
The signatory parties are also committed to implementing, with respect to recruitment, mobility and promotion, the provisions of Article 9 of ILO Convention No. 88 in particular with regard to independence in respect of any change in government, job stability and protection in respect of external influences.
The parties agree that, for the purposes of all the provisions of this collective agreement, the age taken into account includes the periods of activity or assimilated in the Employment Area, to which the seniority acquired, if any, in the institutions of unemployment insurance and the National Employment Agency, as well as in any other organization, of which all or part of the missions include Employment Pole.
Pursuant to the Act of 13 February 2008, this collective agreement cannot lead to the questioning of the individual benefits acquired prior to its entry into force.
Finally, it is recalled that this collective agreement and the agreements related thereto may not contain less favourable provisions for officers than those provided for in the Labour Code. Similarly, local agreements may only provide for more favourable provisions for officers than those provided for in this collective agreement or by the Labour Code.
The signatory parties agree that the local agreements existing on the date of entry into force of this national collective agreement continue to apply in that they contain more favourable provisions or themes not covered in this national collective agreement.
A. ― General provisions
Article 1
Scope
1.1. Scope of application.
§ 1 This collective agreement regulates the relationship between the public national institution referred to in Article L. 5312-1 of the Labour Code, Employment, and the private law staff it employs in metropolitan France, in overseas departments, territories and communities, including Saint-Pierre-et-Miquelon.
§ 2 Except for this rule, the provisions relating to the right to trade union and the representative bodies of the staff (arts. 40 to 43) which apply to all employees of Employment independently of their status. Furthermore, the provisions of this national collective agreement and the annexed agreements concerning vocational training (art. 22, with the exception of paragraphs 5 and 6) and social and cultural activities also apply under the same conditions to all staff as of the date of entry into force of this collective agreement.
1.2. Executive frameworks.
Subject to their own provisions, as stipulated in a separate agreement with them, private law officers who have the status of executives are subject to this collective agreement. The concept of executive direction covers the following perimeter: Executive Directors, Assistant Directors General, Assistant Directors General, Secretaries General and Directors at Headquarters, Deputy Regional Directors and Delegates. Former executives remain governed by this specific agreement.
1.3. Membership in the national collective agreement.
Any trade union organization recognized as representative at the national level may join the collective agreement.
Article 2
Effective date
This collective agreement shall take effect on the first day of the month following the date of publication of the approval by the Ministers responsible for employment and budget and no later than January 1, 2010.
Article 3
Duration and manner of review and denunciation
3.1. Time.
This collective agreement shall be entered into for a period of one year, beginning with the effective date. It shall be renewed by tacit renewal from year to year unless the conditions of paragraph 3.3. of this article are waived.
3.2. Revision.
§ 1 This collective agreement may be revised at the request of one or more of the signatory parties or of any representative trade union organization at the national level that has subsequently acceded unconditionally and in full to the provisions of this collective agreement.
§ 2 Amendments that may be made with respect to the classification of employment or any other stipulation of this collective agreement shall not necessarily result in the revision of the other provisions of this collective agreement.
§ 3 A party requesting a review of the collective agreement must accompany its application for a draft revision text. The proposed revisions shall be submitted within three months to the National Joint Negotiating Commission established by this collective agreement.
3.3. Denunciation.
§ 1 This collective agreement may be denounced by one or more of the signatory parties at least three months before its expiry. It is understood that it will remain in force until a new agreement comes into effect.
§ 2 The draft amendment accompanying any denunciation shall be negotiated within three months. After this period, if no agreement has been reached, the denunciation will be deemed null and void.
§ 3 The signatory parties agree within three years to review the provisions of this Article under the conditions of Article 3-2 and the first paragraph of this Article.
§ 4 The revision or denunciation of the provisions of this collective agreement shall not lead to the questioning of the individual benefits previously acquired.
3.4. National Joint Negotiating Commission.
A National Joint Negotiating Commission shall be established to negotiate any collective agreement relating to this collective agreement. In addition to management, it consists of four representatives per representative trade union organization at the national level competent to negotiate.
B. Staffing. - Recruitment. ― Test period
Article 4
Recruitment principles
§ 1 The undetermined full-time contract is the normal mode of recruitment within the Employment Pole. However, a fixed-term contract may be concluded in accordance with the provisions of the Labour Code.
§ 2 Recruitment of officers shall be carried out by delegation of the Director General by the establishments of which they depend, with the exception of senior executives and executives (delegated territorial directors and territorial directors, heads of general management and heads of service of the branches of establishment), who are recruited at the national level. This recruitment is carried out in accordance with the principles of the Convention of the International Labour Organization No. 88 ratified by France in respect of independence, equal treatment, neutrality and job stability.
§ 3 The methods and procedures for the recruitment of indeterminate or fixed-term contract agents contribute to the fulfilment of these principles, ensuring that the skills and experiences of candidates are taken into account with objectivity according to nationally supervised processes. They are presented for consultation with the Central Business Committee, after consultation with representative trade union organizations at the national level, to ensure that they comply with the principles referred to in this section. The job sheets are standardized and conform to the conventional provisions of Article 6 below. They are presented to trade union organisations. Vacations and creations of positions, other than those relating to executives, are published in accordance with Article 5 of this collective agreement.
§ 4 Without prejudice to the specific provisions of workers with disabilities, any candidate shall, prior to his or her recruitment, or at the latest at the end of the trial period, receive a medical examination to assess his or her physical ability to occupy the functions to which he or she is intended.
§ 5 The contract of employment is required in writing. The same applies to any subsequent modification of a formalized contract element by way of an amendment, including compensation, classification, place of work or length of work. The contract of work may include specific stipulations related to the need, for the purpose of holding the planned workstation, of a training carried out either internally or external to Employment Pole.
§ 6 The special obligations resulting from the exercise of the public service mission for the agents are subject to the provisions of the rules of procedure of the Employment Pole. The latter is the subject of consultation with the Central Business Committee after consultation with representative trade union organizations at the national level and/or signatories to this collective agreement. The possible adaptations of the national rules of procedure required by an institution-specific work organization are the subject of consultation with the establishment committees concerned.
§ 7 At the time of their recruitment, officers shall be notified by their institution of connection of a greeting booklet including the updated text of the national collective agreement and its annexes.
The amendments to the collective agreement and its annexes are also subject to collective information by any means.
§ 8 Agents who have resigned for compelling personal reasons or who have been terminated for non-personal or disciplinary reasons may request that they be notified during the year following the date of termination of the employment contract the positions equivalent to the one they held and that would become available in the Employment Pole. They then receive a priority right to re-hire which they must submit within one month of receipt of the notification of the application.
§ 9 The officers terminated by decision of the Director General for reasons other than personal or disciplinary reasons, as well as the resigning agents in the above cases, shall be entitled to the hiring priority for two years from the date of termination of their contract if they apply in that same period and in the manner provided by the Labour Code.
§ 10 Pôle emploi seeks, in the absence of vacant jobs at the corresponding level, other reclassification modalities, including in institutions or organizations that also participate in the public employment service or in other jurisdictions.
Article 5
Recruitment process
§ 1 Settlement committees are informed and consulted on the organization chart of the institution. They are also informed of the adjustments of the flow chart. Similarly, it is reported to the relevant establishment committees, in the form of detailed and gender statistics (especially in volume and type of posts), of recruitments made at the monthly meeting immediately following the recruitment of the staff concerned.
§ 2 Any creation or vacancy shall be communicated to the staff as well as to the staff delegates, to the members of the establishment committees, to the union delegates and to the national trade union organizations via the employment exchange. All Pôle emploi agents have access to the job exchange.
Post holidays, apart from executives, are being published to allow internal applications.
The terms and conditions of access and recruitment to the senior management position are specified in the senior management agreement.
Pôle emploi organizes the provision of information relating to posts open in paper or electronic form to employees made available, on leave for health reasons and for former employees receiving a re-employment priority.
§ 3 Calls for applications must, in the first instance, be made known to all employees of the Pôle emploi in an indefinite and fixed-term contract with a continuous duration of more than six months.
At the same time, they are addressed to personnel from the categories listed below:
1. Agents in the situation referred to in section 41, paragraph 16, or section 33.
2. Agents who had held an equivalent position in Pôle emploi or in one of the institutions at the origin of its creation, which would have resigned for compelling reasons, for example a particular family obligation, for less than a year, and having made, at their departure or later, the request to be informed of any vacancy. In the event of a resignation for a change of domicile, the persons concerned may apply to the establishment of Pôle emploi, which they were required to submit their application for post-season information to the establishment of their new home. The right of priority to re-hire, of which the persons concerned are entitled, must be exercised by them within 15 working days after the notification of the application is received.
3. Former fixed-term contract officers who have left Pôle emploi for less than six months and who have made, at their departure, or at a later date, the request to be informed of any vacancy. Particular attention will be paid to staff recruited in fixed-term contracts for a period of twelve months and more and who could not have benefited from an indefinite contract before the end of their contract.
It is up to the directorates of Pôle emploi institutions to implement the paths and means of information of their former agents, as defined above, calls for applications. The information terms and conditions selected are the subject before they are implemented by the EC in each institution.
§ 4 To allow the interested parties to apply and facilitate the mobility of the agents, Pôle emploi shall carry out the national distribution of the positions concerned for a minimum period of fifteen working days during which the candidates may express themselves. This deadline is extended to one month for posting during the summer period from June 15 to September 15.
Article 6
Job exchange
§ 1 A National Employment Scholarship (BDE) is established in the Employment Pole. It allows the information of officers on all the positions to be filled, on the wishes for change and the expression of individual applications. Any permanent job creation or vacancy, whatever the reason, is integrated into the job exchange.
The job exchange is powered by:
any creation or vacancy in the national territory;
- in respect of requests for change of position, by officers in the form of voluntary and spontaneous applications.
§ 2 Each job opening and each job change request shall be established in a standardised document previously in consultation with representative trade union organizations at the national level and/or signatories to this collective agreement. Officers and staff representatives are aware of the positions available in the job exchange to which they can freely access. Pôle emploi shall ensure, prior to their distribution on the job exchange, that the proposed offers are in conformity with the provisions of this national collective agreement. For each offer are mentioned the job description, access conditions, qualification, classification, location and level of employment in the classification of public servants' jobs.
§ 3 The Directorate of Pôle emploi shall bring all the posts open together with the requests for change of position that it is aware of, taking into account the wishes of the candidates.
§ 4 Notwithstanding the other provisions of this article, Employment, within 10 per cent of its total strength, shall not be permitted to refuse the recruitment of persons seeking professional reclassification as a result of illness or accident, war injury or war widows.
Article 7
Test period
§ 1 The duration of the work contract test period shall be fixed to two months for the staff employed and technician, to three months for the master's staff, to four months for the executive staff.
The trial period may be renewed once with the consent of both parties by written and motivated decision following an interview in which the officer may be accompanied by a staff member of his or her choice or by a representative of a union organization of the Employment Pole. This renewal is of not more than the duration of the initial test period.
§ 2 For fixed-term contracts, the trial period shall be determined in accordance with the legal and regulatory provisions.
§ 3 During the trial period, the contract may be broken at any time by either of the parties respecting the notice set in accordance with the provisions of the Labour Code.
Article 8
Use of fixed-term contracts
8.1. CDD "temporary replacement".
§ 1 The fixed-term contract, referred to as a "temporary replacement" contract, shall be concluded for the replacement of an agent, as a result of a temporary absence or suspension of his or her work contract, regardless of the duration of the contract, for direct replacement or for a "study" replacement (1).
These include:
- illness, work accident, maternity, adoption (including during the period of parental education leave provided for in article 32 of this collective agreement);
- the exercise of an elective or union mandate from one to twelve months leading to a suspension of the labour contract;
- voluntary or non-voluntary reserve period;
- a paid or non-paid training course, in accordance with existing legal provisions;
leave without pay under section 28-1 of this collective agreement;
part-time fixed-term (parental leave, individual training leave);
- replacement of agents assigned or made available to external structures, particularly within the framework of the partnership;
― waiting for entry to a recruit but not yet available within nine months;
- replacement of an agent with a union mandate from one to twelve months.
§ 2 In addition to the specific clauses of the employment contract, the following provisions are required:
― precise definition of the subject-matter of the work contract, indication of the name and qualification of the replaced agent, notification of the non-renewable nature of the contract upon return of the replaced agent;
– fixing a minimum contract duration, as well as the resulting trial period;
- setting the conditions for compensation due to the end of the contractual period;
― mention of the name and address of the supplementary pension fund and the pension agency.
8.2. CDD for temporary growth of activities.
§ 1 The fixed-term employment contract for temporary increment of activity shall be concluded in the case of non-permanent or exceptional work, such as certain work corresponding to momentary work overloads.
§ 2 In addition to the specific clauses of the employment contract, the following provisions are required:
- precise definition of the object of the contract of employment;
- fixing the duration of the contract and the resulting trial period;
- setting conditions for a single renewal;
- fixing the end-of-contract compensation conditions;
― mention of the name and address of the supplementary pension fund and the pension agency.
§ 3 The maximum duration of fixed-term contracts, apart from assisted contracts, shall be fixed at twelve months, including renewal. However, this maximum period may be extended to eighteen months in the event of the creation of a new and temporary activity or an exceptional circumstance, after consultation with the Central Corporate Committee and, where applicable, information from the relevant establishment committees.
§ 4 Another fixed-term contract may not be entered into for the same position unless the contract has at least equal time between:
- half the duration of the previous contract if it is less than fourteen days;
- a third of the previous contract period if the contract is at least fourteen days.
The purpose of this recruitment cannot be to permanently or permanently compensate for a shortage of staff.
8.3. Work contracts helped.
It is used for fixed-term contracts for assisted employment contracts implemented within the framework of the public policy of professional insertion under articles L. 5431-1 et seq. of the Labour Code. During the period of their contract, assisted workers benefit from special support and specific training to promote their professional integration within the Employment Pole or, on the outside, and following a specific follow-up for six months. Positions that can be accommodated in assisted employment contracts and the terms and conditions of their support are the subject of information from the Corporate Central Committee. Personnel under assisted employment contracts are recruited at least at the base coefficient 160, without prejudice to any possible changes that may occur during the contract.
8.4. Common provisions.
§ 1 The officer under a fixed-term contract or under a contract of assisted employment shall be positioned to the coefficient corresponding to his employment and shall receive the processing of the employment for which he was recruited. It benefits from all the clauses of this collective agreement except those relating to the termination of the contract, however, that the stipulations of section 30 relating to sick leave are applicable to it only within the period of its contract.
§ 2 In the event of a transformation of the fixed-term contract or of the contract assisted by the agent in an indefinite-term contract, the period of work so carried out shall be taken into account in the course of the trial period irrespective of the nature of the activity performed.
§ 3 A fixed-term contract officer holding a continuous period of six months or more shall be entitled to a priority of employment, equal to or comparable to the other candidates, in an indefinite contract on the positions available within the relocated institution or another institution and compatible with its qualification level and/or experience. This priority of hiring, which can be exercised at any time, benefits the agent until the end of his fixed-term contract. The seniority in Pôle emploi is taken into account in setting the hiring priority order.
§ 4 For the purpose of providing a stable environment for officers, the number of hours of work performed by staff in fixed-term contracts during a civil period may not exceed 5% of the total number of hours worked by all Pôle emploi staff, including temporary replacement staff, during the same period, with the exception of contracts entered into under partnership agreements and contracts of work.
§ 5 Each meeting of the establishment committees shall be presented with a complete statement of staffing by structure and type of contracts including assisted employment contracts. This state includes a point on the employment of seniors.C. ― Duration and working conditions
Article 9
Duration of work
§ 1 The normal duration of the work, set at the national level, is 35 hours on average per week, for full-time staff, subject to the provisions of the agreement on the organization and reduction of the working time of 8 January 2001 contained in the annex and the local agreements arising therefrom. This agreement sets out, in particular, the overtime regime as well as the time frames. However, it is up to each establishment director to ensure that officers do not exceed the previously defined schedules. For this purpose, a point is made periodically on working times. The finding of overtaking must give priority to organizational measures or allocation of expenses to meet the weekly working time set at the level of the institution concerned and is the subject of information from the settlement committee.
§ 2 This duration is divided over the week in accordance with the legal and conventional provisions relating to the duration of work, within the framework of local agreements implemented under the work time reduction scheme.
§ 3 Weekly rest is two consecutive days — Saturday and Sunday — for all services of the establishments covered by this collective agreement. This provision does not hinder the realization of additional hours.
§ 4 Any changes in working hours shall be made to prior consultation of staff representatives, particularly in the context of special working organizations.
§ 5 In the event of exceptional circumstances, work may be scheduled on Saturday and/or Sunday and holidays on the basis of volunteering. In this case, overtime is increased by 50% on Saturday, 100% on Sunday, public holidays or between 9 p.m. and 7 a.m. For part-time officers, each hour over the weekly part-time period results in a 25% increase. Complementary hours are increased by 50% on Saturdays and 100% on Sundays, holidays or between 21 hours and 7 hours. Agents who wish to do so may benefit from a competitive rest instead of paying overtime.
§ 6 In the event of exceptional circumstances, and after consultation with staff representatives, overtime may be carried out beyond the free quota, under the conditions and limits established by law and the treaty rules or the treaty quota established by agreement. The number of additional hours made at the first meeting following their completion is reported to the establishment committees.
§ 7 In the event of overtaking of the annual contingent of overtime, the agent shall, for each hour carried out beyond the contingent, receive an equivalent amount of rest, in addition to the payment of overtime.
§ 8 The need for the proper functioning of the services may lead to the use of interferences to enable the realization of certain specific activities. The definition and terms of recourse to this subjugation are contained in the above-mentioned agreement of 8 January 2001.
Article 10
Part-time work
§ 1 Employment role facilitates part-time work in order to enable agents to reconcile professional life and personal life. Part-time officers are entitled to full-time officers by the legal provisions and the collective agreement, pro rata de la durée du travail.
§ 2 The active officer, subject to the requirements of the service and taking into account the possibilities for the development of the organization of work, is authorized on his or her request to work part-time for a period of one year renewable upon express request of the interested person formulated two months before the expiry of the current authorization. By exception, at the request of the agent and with the agreement of the settlement manager, this period, which is in full calendar months, may be between one and eleven months. The part-time takes effect on the first day of the month following that of the agreement with the exception of the part-time granted for therapeutic reasons that takes effect from the date of resumption of the prescribed work.
§ 3 Denials against a part-time work application or the distribution of the work time requested by the agent must be preceded by an interview and motivated in writing. They may be subject to a hierarchical appeal or through staff delegates. The institution's response must be argued. The directorates of the establishments provide a specific time in the meetings of staff delegates to review these appeals.
In accordance with the legal and conventional provisions, the authorization to perform part-time work is granted in full right for the chosen quotity:
1° For the birth or arrival in the home of a child (art. L. 1225-47 of the Labour Code)
2° For the necessity of family solidarity (art. L. 3142-16 of the Labour Code)
3° To create or resume a business (art. L. 3142-78 of the Labour Code)
4° For therapeutic reasons (development of working time within a therapeutic half-time prescribed by the occupational doctor).
5° To raise a child under eight years of age.
§ 4 The full-time reintegration shall take place, before the expiry of the current authorization, upon request of the agents concerned. The same applies to an amendment to the part-time conditions subject to the agreement of the establishment manager. Claims are submitted at least two months before the desired date. However, full-time reintegration is carried out without delay, at the request of the individual, in the event of serious reasons, including due to a substantial reduction in household income or a change in the family situation.
§ 5 At the end of the part-time work period, the officer is allowed to occupy full-time employment at the duty station. In the case of part-time work, the workload is reduced in proportion to the working time of the officers involved.
§ 6 The compensation in employment corresponding to the time released by the part-time is organized by the management of the establishment according to the workloads of the sites and is the subject of information to the settlement committee during quarterly reviews.
Specific modalities for organization of part-time (weekly grouping, monthly distribution, annualization...) can be put in place at institutions upon request from the interested parties.
D. ∙ Staff classification
Article 11
Classification grid
§ 1 The jobs are listed in the Classification Advant and the Classification Grid annexed. Agents are positioned at least to the basic coefficient of inmate generic employment.
The classification of jobs will need to be regularly adapted as part of a negotiated agreement to take into account the evolution of Pôle emploi's trades and missions.
§ 2 The evolution of job classification cannot lead to a declassification of the agent's positioning in the new classification grid.
§ 3 Officers responsible for the support and compensation of job seekers are recruited to the generic employment of a highly qualified officer at the base factor 170 and are positioned at the coefficient 190, step 2, after six months of continuous seniority.
E. ― Salaries. - Compensation. ―
Senior allowances. - Holiday rental. ― Prime
Article 12
Monthly remuneration
§ 1 The monthly remuneration shall be made up of a basic salary (fixed part + [value of point × coefficient]), in addition to the seniority premium and, possibly, a salary supplement as specified in Article 19-2 of this collective agreement.
§ 2 The fixed part and the value of the point, common to all agents, and, possibly, the bonuses and allowances that may be added to it, shall be fixed as part of the annual compulsory negotiation at the national level. The coefficient is fixed according to the agent's professional positioning in the classification grid referred to in section 11.
§ 3 The guaranteed minimum wage applicable to agents shall be set at coefficient 160.
Article 13
13th month allowance
§ 1 A so-called allowance of 13 months, equal to 1/12 of the gross remuneration received between 1 December of the previous year and 30 November of the current year, shall be awarded at the end of the year. It cannot be less than the normal salary of the last month of the year.
§ 2 In the event of arrival or departure in the course of the year, or suspension of the employment contract, this allowance shall be awarded on the prorated basis of the time spent in the establishment during the year.
§ 3 The absences referred to in Articles 30 and 31 of this collective agreement shall not result in a reduction of this allowance.
§ 4 This allowance shall be payable by 15 December.
Article 14
Older award
§ 1 A seniority premium shall be awarded to any agent, regardless of the nature of the contracts (at a fixed or indeterminate duration) and whether the contracts are continuous or discontinued.
This premium is calculated on the basic salary as defined in section 12, based on:
(a) 1/3 per cent per year, from the end of the first year of seniority and to the 15th year;
(b) 1 per cent per year, 16th to 20th grade;
(c) 0.5 per cent per year, 21st to 25th year.
The seniority premium so determined can reach a maximum of 27.5% of the basic salary.
The starting date of the premium is set on the first day of the month of the anniversary of the day of entry according to the individual.
§ 2 The provisions of subparagraphs (a) and (b) shall take all their effect upon the entry into force of this collective agreement, in accordance with the age acquired by the agents on that date.
As from the date of entry into force of this collective agreement, the provision of paragraph (c) allows for the continued inclusion of seniority for officers who have attained or exceeded 21 years of seniority, at a rate of 0.5% each year, without retroactive effect, within the limits of the above-mentioned ceiling.
§ 3 The leave periods referred to in articles 28-4, 28-5, 28-6, 30 and 31 shall be taken into account in the calculation of the seniority.
Article 15
Work Medal
The officer who wins the Labour Medal is awarded a 24th annual gross salary for the Silver Medal, a 16th annual gross salary for the Vermeil Medal, a 12th annual gross salary for the Gold Medal and an 8th annual gross salary for the Grand Gold Medal.
The costs of the Labour Medal are borne by the establishments.
Article 16
Variable compensation components
§ 1 Compensation may include variable supplements calculated either on the achievement of individual annual results for managers or on the achievement of the annual collective objectives of Employment Pole for all officers.
§ 2 The terms and criteria for the implementation of these variable supplements shall be the subject of a negotiated agreement at the national level annexed to this collective agreement.
Article 17
Cheap living allowance
Except as more favourable provisions negotiated pursuant to Article 50 of this collective agreement, it is awarded to agents in overseas departments, territories and communities, including Saint-Pierre-et-Miquelon, a so-called "poor life" premium equal to 20% of the basic salary.
This provision is applicable from the effective date of this collective agreement or the effective date of the right of option.
Article 18
Holiday apartment
§ 1 A vacation allowance is payable on the occasion of paid annual leave. The amount of this allowance is equal to the monthly salary of the person concerned on June 1. In addition, there is a differential allowance for paid leave. It is paid for each day of paid leave, splitting and seniority leave.
§ 2 The absences for leave without pay, suspension of the employment contract for the exercise of a trade union mandate, parental education leave and leave for elective functions do not open the right to the benefit of the vacation allowance.
§ 3 If, on June 1, the agent has less than one year of presence in the establishment, the amount of the employee's allowance shall be calculated based on the time of attendance at that date.
§ 4 The holiday allowance shall be payable by 15 June.
§ 5 In the event of departure during the year, this allowance shall be calculated according to the time of attendance since 1 June and shall be added, if any, to the amount of the compensatory allowance for paid leave.
§ 6 The amount of the employee's vacation allowance in part-time activity shall be calculated on a pro rata basis for the period of work for the last 12 months or, if any, over the period defined in paragraphs 3 and 5 above.
F. ― Individual increases. Promotions
Article 19
Individual increases and promotions
19.1 Individual increases.
The individual salary increases are chosen, without limitation, either by raising the salary in the same coefficient or by promotion at a higher level of qualification or at the base coefficient of a higher qualification level.
19.2 Treatment withdrawals.
§ 1 Treatment increases may not be less than 3 per cent of the previous salary.
§ 2 They are granted during the examination of the individual situations of the agents in which the quality of the work is taken into account, according to objective criteria to ensure equal treatment and non-discrimination between the different categories of staff. The selected criteria are presented to the CCE and the EC during the consultation on the implementation of the annual professional maintenance.
§ 3 For managers, it is also taken into account their spirit of initiative and organization, the functioning of the service they have responsibility and the context of the exercise of the functions.
19.3 Promotions.
§ 1 The promotion of an employee, a technician or a master's agent of a coefficient at the immediately higher coefficient includes an increase in salary at least 3.5% of the previous base salary.
§ 2 For executives, given the existing differences between the coefficients assigned to this category in the classification grid, and because access to the immediately higher coefficient is longer than for a non-frame, the salary increase is at least 5% of the previous base salary.
§ 3 A detailed and gendered statistical assessment of individual increases in the institution in the year is presented annually to the representative institutions of the competent staff.
G. ― Career development
Annual Professional Maintenance
Rule 20
Career development
§ 1 The evolution of professional capacities and the technicality of agents is valued in their career development. A forward-looking approach to job and skills management is being negotiated in order to provide the necessary anticipation capabilities on trade changes and human resources adaptations to the job placement missions. An agreement annexed to this collective agreement includes, in this context, specific and concrete measures to ensure the elimination of wage inequalities between men and women and the prospects for equal career development between men and women. It defines corrective measures following a balance sheet of wage differentials between men and women.
It also provides specific objectives in terms of employment development, skills development and career development prospects (promotion).
Career development must allow real promotion of agents by proposing different possibilities of professional evolution. Agents are intended to access all levels of coefficients and qualification of job classification, in connection with their activities.
§ 2 The career path enhances the enrichment and expansion of knowledge and skills, regardless of the type of course being followed, and allows the adaptation of officers' skills to the changes in employment required by the technical, regulatory or service offer amendments.
§ 3 The career development is carried out by an increase in coefficient which translates and recognizes the rise in qualification of the agent in its function. The assignment of a step in the inmate qualification level reflects and recognizes the proficiency and experience gained in the position. Thus, it is legitimate, within the framework of maintaining a job, to recognize the experience gained as a result of the current and ongoing practice of professional activities. The agent can also progress by change of function.
§ 4 The situation of an agent who has not seen his or her professional situation modified for three years is subject to a systematic review by the hierarchy, with a view to assigning a higher level without excluding the possibility of a rehabilitation of treatment under Article 19-2 of the collective agreement if the first measure is exhausted. Such recovery may not result in the postponement of the period referred to above. In the event of non-assignment of a higher level, the latter is justified in writing to the officer on the basis of objective criteria for the quality of his or her professional activity.
Any disagreements may be appealed through staff delegates and the institution's response must be argued.
In addition, in order to promote the resumption of his career development, the supervisor proposes to the officer concerned a plan of progress (immersion, skills assessment, training, conversion...) including any measures favourable to his professional development.
Article 21
Annual professional maintenance
§ 1 An annual professional interview of all agents governed by this collective agreement shall be established.
It allows everyone to take stock of their activity. The nature of the maintenance is adapted to the professional category of the agent. On this occasion, individual professional goals for managers are set.
§ 2 Any officer, regardless of the nature of his or her employment contract and business sector, may be provided with this annual professional interview with his or her supervisor (master's officer or manager's officer), during which an assessment is carried out, covering:
― the content of the busy job and the tasks performed;
the adequacy between the assigned workload and the means available to the agent;
― contribution to collective results;
- the adequacy of the training provided with the needs and objectives of this job;
― the wishes of agents in vocational training and career development;
– the foreseeable changes in employment and the qualification required for adaptation to these developments;
― examining the prospects for shifting in the perspective of a career development;
the means available.
§ 3 This interview is at a time of the year allowing the subsequent implementation of the training actions determined as necessary, and upstream of the preparation of career development decisions. A five-day notice period is left to the agent prior to maintenance.
§ 4 The interview focuses exclusively on the field of professional activities and cannot address questions concerning privacy, religious, political or trade union opinions.
The evaluation must be kept from any subjectivity. The evaluation carried out during the interview is limited to objective elements with a direct and necessary link to the occupied functions.
§ 5 A joint annual professional maintenance procedure is established. It is the subject, after consultation with representative trade union organizations at the national level, of a note presented, with maintenance support, for information and consultation of the central corporate committee.
§ 6 In no case shall the individual maintenance support constitute an agent's contract of employment, the signature by the agent has no meaning but the taking of an act of carrying out the maintenance. The officer receives a copy of the interview findings.
§ 7 In the event of a dispute arising from the conclusion of the professional maintenance, the staff delegates shall be seized to examine the situation of the officer who makes the request.
H. ― Vocational training
Article 22
Vocational training arrangements
§ 1 Training throughout life is a key element of the securing of professional pathways and the social promotion of agents regardless of their status. It is designed to meet the needs of Employment and professional and personal development aspirations of agents.
Thus, each agent must be able to be an actor of his or her professional evolution and Pôle emploi is committed to implementing means tailored to his or her development or adaptation needs to his or her economic environment and human resources policy. To this end, officers receive a minimum of five days of training per year.
Vocational training is a recognized right for all agents. It must be developed in order to meet the needs of agents, regardless of their initial qualification level, to have and update a base of knowledge and skills that promote their professional development, and to advance the level of qualification in professional life.
§ 2 Training plans are developed and implemented within the various institutions, in accordance with the prerogatives of the staff representative bodies.
§ 3 The National Joint Training Commission (PNC) sets out the general guidelines and objectives of the training and gives an opinion on the content of the training modules.
It is regularly informed about the programmes and content of the training sessions within the Employment Area, as well as on the name and quality of the providers to which it is used.
The FNCF consists of three members per representative trade union organization at the national level and/or trade union organizations signatories to this collective agreement and management representatives, with a number of votes equal to that of the staff delegation.
At its first meeting, the FNCF has a rules of procedure that sets out its operating procedures.
§ 4 The CCE is consulted on the directions and objectives of training, on the job placement plan and on the achievements of the past year.
§ 5 The provisions of this collective agreement shall also aim at promoting and developing individual training leave in all Pôle establishments in accordance with the legal and regulatory texts.
§ 6 Pursuant to the Vocational Training Agreement annexed to this Collective Agreement, an individual right to training for a cumulative period of 21 hours per year over six years is open to an indeterminate contract agent with a seniority of at least one year in Pôle emploi. For part-time agents this duration is calculated pro rata temporis. However, officers with a working time of at least 50% of a full time benefit from a DIF calculated in the same way as a full-time agent.
The fixed-term contracting agents acquire a right to the DIF calculated on the prorata temporis, after working at least three full calendar months over the last twelve months. The use of this right is made under the same conditions as indeterminate contracts.
§ 7 Training shall be the subject of an agreement annexed to this collective agreement. This agreement provides for the modalities of alternate recruitment (learning contract or professionalization contract).
§ 8 Pôle emploi promotes the process of validation of the professional gains that may be undertaken by any agent on his or her working time and pays the related costs. Article 23
Competency assessment
§ 1 The purpose of these provisions is to supplement and improve the existing legislative and regulatory provisions relating to the assessment of competencies as set out in Part VI Labour code.
§ 2 When an agent requests the benefit of a competency assessment leave, the establishment of membership facilitates, if the agent wishes, the various steps necessary: contact with the parity organization for financial management, the choice of the provider organization within an approved list.
§ 3 The results of the Competency Assessment may, at the exclusive request of the agent, give rise to an interview with the authorized person of the establishment, designated by management. In particular, during this interview, is considered the possibility to include the evolution prospects envisaged by the balance sheet in the management of the agent's career path within the institution.
A follow-up to the balance sheet can be given to:
― to examine with the agent the possibilities of enrolling its evolutionary perspectives in the management of its career path, including whether the agent's wish is intended for an external path to Pôle emploi;
help the agent confront the evolution prospects envisaged by the balance sheet;
– accompany this confrontation by appropriate actions.
§ 4 Competency assessment leave accepted by the institution and the agent must be included in the institution's training plan.
§ 5 The choice of service agencies must be given special attention.
§ 6 A Competency Assessment Leave shall be granted every five years to any officer who so requests. The associated costs are borne by Pôle emploi.
I. ∙ Professional and/or geographic mobility
Article 24
Common provisions
§ 1 Mobility may be one of the means of its professional progression for an agent. Internal mobility is characterized by a temporary or perennial change in trade, or by a geographic change within the meaning of section 26-1 of this collective agreement or both. It requires clearly expressed volunteerism from the agent.
§ 2 It shall be exercised in the context of a balance between the needs of the service and the aspirations of the staff, in accordance with the provisions of Article 9 of ILO Convention No. 88.
§ 3 Mobility is carried out throughout the national territory and employment. The holidays and job creations are the subject of a publication mentioning the dates of forclusion, in all Pôle emploi services, by means of a clear and transparent communication to all agents via telematic, exchange-of-employment support, and by means of display in sites and services.
§ 4 The positions offered for internal mobility are the subject of a harmonized definition at the national level after consultation with representative trade union organizations at the national level and give rise to the establishment of a descriptive sheet that includes the nature of employment, the level of classification, the level of employment in the classification of employment of public law officers, the place of work and the qualifications required. They are made accessible to all staff under the conditions set out in section 6 of this Agreement.
Selection processes are harmonized and framed at the national level by rules to ensure equal access to proposed jobs and objectivity in the processing of applications. These processes respect the principles of neutrality, transparency, and non-discrimination, and are based on the verification of the skills and abilities required for the exercise of employment. These processes, methods and means are presented to the Corporate Central Committee and, where appropriate, to the Establishment Committees in the event of a specific situation. They must ensure that there is no discrimination between Pôle emploi agents for access to posts because of their status.
§ 5 Mobility is also carried out by permutation between two agents with the same benchmark job (general jobs and identical functions). Under these conditions, the switching may not be denied, either at the institution or between institutions. Applicants must submit their application in writing to their attachment management two months prior to the desired date of change.
§ 6 Staff delegates are regularly informed by statistical statements of the choices made on mobility.
§ 7 The officer is informed of the reasons for the refusal against his application. It can benefit from support that can include one or more training courses, as part of the training plan to increase its chances of success with respect to future opportunities that would arise from it.
§ 8 Mobility, for the agent who wishes it, may answer various personal or other motivations, or register in career management. The officer may, as appropriate, benefit from training or accompaniment actions to encourage the taking of a new position and, if he wishes, from validation actions of the experience taken by the institution.
§ 9 Mobility, with identical generic jobs, is at least equal pay, with the exception of variable elements related to local or specific conditions related to the exercise of employment. In particular, mobility cannot lead to the questioning of the individual benefits associated with the agent's work contract.
Rule 25
Temporary vocational mobility
§ 1 Temporary professional mobility, which is voluntary within the meaning of Article 24, paragraph 1, of this collective agreement, allows an officer, for a limited period of time, to exercise a function of expertise within the Employment Pole without, however, presenting the final character of an assignment. Calls for applications on these functions are the subject of a national publication.
The agent is offered a temporary mobility agreement, including the purpose of the mobility agreement, its connection to its original establishment, the conditions for the fulfilment of the mission in the host structure, the conditions for the return to the end of the mobility, and the care for the costs associated with this mobility by the host institution in terms of travel, domicile instead of the mission, and possible accommodation costs.
§ 2 At the end of his mission, the agent is reintegrated into his original job.
For any temporary internal occupational mobility, Pôle emploi undertakes to take into account, at the time of the reinstatement of the agent and as part of its career development, the acquisition of new skills related to the missions entrusted. For a mission of six months or more, the officer shall receive a monthly allowance of 65 times the value of the item.
§ 3 In addition, the change of place of work must be minimized in frequency to allow the conditions of real professional development. As such, a temporary assignment may not have the ultimate objective of installing in the duration of successive short-term transfers, unless agreed or requested by the concerned. Staff representative institutions are regularly informed of the use of such mobility. An annual overview of temporary mobility is presented to the settlement committees
Rule 26
Geographical mobility: definition,
process and accompanying measures
26.1. Definition of geographical mobility.
§ 1 A change of place of work shall be considered as a geographical mobility resulting in a journey, in relation to the home, greater than 30 minutes or 20 km on the prior journey of the agent. The implementation of intraregional or interregional mobility is the subject of particular attention to the personal constraints of agents when the importance of the distance between the place of departure and the place of reception warrants it.
The agent cannot be deprived of the rules of mobility guarantees by a succession of workplace changes over a short period of time.
§ 2 Where an officer seeks mobility on an equivalent vacancy, within the institution because of the distance between his or her home and place of work or for a family connection, the institution may not refuse that request more than twice.
26.2. Geographical mobility implementation process.
§ 1 After having taken note of the available posts, the officers concerned must apply within the time limit set, which may not be less than fifteen working days. This period is extended to one month during the period from 15 June to 15 September. When officers are called to an interview for a possible change of position, the reception facility reimburses them for their possible travel expenses. If the application is selected, the effective date of mobility is determined by agreement between the departure establishment, the host institution and the agent. It may only intervene at the end of a one-month period of time, unless the person concerned expressly requests for a lesser period, or even two months in the event of the agent's particular difficulties. This mobility gives rise to the contract of employment.
§ 2 The assignment begins with a non-renewable period, the duration of which may not exceed one month, during which the agent may waive the assigned position. The position left vacant is broadcast with the foreseeable indication and can only be filled at the end of this period if the officer accepts his or her new assignment. Otherwise, he finds his original assignment and his previous duties.
During this period, accommodation costs are covered by Pôle emploi. They are deducted from the relocation grant in case the agent confirms its relocation.
26.3. Measures to support geographical mobility.
Costs related to the accompanying measures of geographical mobility are borne on a budget line installed at the national level of Employment Pole.
§ 1 Preliminary definitions.
For the purposes of these provisions, the marital or justified PACS situations are assimilated to marriage.
The concept of dependants is valued in accordance with existing tax provisions.
§ 2 Accompanying geographic mobility resulting in an increase in the qualification level or entering a route validated by the establishment manager.
Intra-regional or interregional geographical mobility, as follows:
mobility leading to a shift towards higher qualification;
― mobility in a professional itinerary validated by the institution director and aimed at developing skills and responsibilities,
is accompanied by the following measures, in the event that the agent is moved and, where applicable, his or her family.
(a) Preparation of a transfer:
Each agent received for an interview at the host institution may, after information and agreement of the host institution and if the situation warrants it, particularly in the case of a change of family residence, make a reconnaissance trip with the spouse. To do this, the agent enjoys two exceptional rest days attached to a weekend.
Reimbursements of expenses (transports, hotels, meals), for the agent and his spouse, are made in accordance with the terms and scales in force.
Displacement or custodial expenses of minor children are taken care of when the family obligations justify it.
(b) Accommodation:
Provisions relating to the final change of domicile of an agent are implemented as long as the individual confirms his/her new assignment. At the end of this period, the officer shall have the following measures:
― move: the officer shall be granted, as soon as he confirms his new assignment, an exceptional leave of three working days to allow him to install in his new location in the best conditions. The relocation costs of newly assigned agents are fully borne as long as these costs have been previously accepted;
- relocation allowance: each agent or family shall, as soon as the employee confirms his or her new assignment and in the case of relocation, receive a relocation allowance commensurate with the amount of the monthly social security ceiling, multiplied by the number of shares calculated according to the following rules: a share for the agent, a share for the spouse, 2/3 of the share per dependant in the fiscal sense and a share from the fourth child. In the case of single-parent family (celebrate, widowed or divorced), the number of shares is calculated as follows: one share for the agent, one share per dependent child. When two spouses working in Pôle emploi change settlement, the relocation allowance is paid only once;
― family transfer: in the case where the family installation does not coincide with the transfer of the person concerned and subject to the setting of a term that cannot be greater than the end of the school year in the case of children in school, or three months beyond the confirmation by the agent of his or her new assignment in the other cases, the agent may, during the period of separation, benefit from the repayment of the expenses of the employee In addition, he is reimbursed for a return trip per week for him or his spouse. In addition, the particular situation of the ascendants, collateral or descendants in a disability situation is taken into account, where appropriate, or whose health is severely altered, requiring a specific transport modality.
As part of its mobility, the agent may receive support upon request for the installation of the family (help with administrative procedures, research and school enrolment);
- agency fees: the agency fees for the rental or purchase of the new residence after the confirmation by the agent of his new assignment are refunded upon presentation of an invoice up to 250 times the value of the point. This amount can only be collected once for the same transfer;
― double rent: if the change of residence results in double residence costs, the amount of the rent out of the new residence is refunded for three months upon presentation of the quittance within the limit of an amount equal to 150 times the value of the point. Subject to being able to justify a compelling family motive (research of a spouse's employment, schooling of children, non-sale of housing), this period is extended by an additional three months, with the rent being taken care of 70% of its amount during this additional period and within the limit of a sum equivalent to 110 times the value of the point. In any event, the payment of the allowance may not be continued beyond twelve months;
― special case of the overcost of housing: if the rent out of the new housing is, on the condition of identical housing, greater than at least 15% at the previous rent, temporary assistance is granted. The monthly allowance is equal to the difference between the two unpaid rents and is paid for six months. An identical assistance based on a comparison of the respective rental values may be granted to the agent who leaves a dwelling of which he/she owns.
(c) Assistant:
The employment situation of the spouse is studied on the following grounds:
―if the spouse is a Pôle emploi agent: it is reclassified in an equivalent job and in the same structure or in the nearest. However, in order to allow the officer concerned to make his decision in full knowledge, the host institution confirms the ability to reclassify the spouse within a short time and within a near geographic scope. Neither the coefficient nor any component of the remuneration can be reduced;
― if the spouse is not a Pôle emploi agent: the host institution is looking for the employment opportunities existing within or outside, in the area concerned. To do so, the spouse is provided with internal assistance in the search for a job for the development of CVs, job search techniques, information and guidance based on the employment pool, support for applications, etc. Priority is given to him on an external application to fill a position in the institution, with equal competence.
(d) Measures to facilitate the integration of the mobility agent:
In addition, in the case of a new professional assignment, the volunteer agent can benefit from appropriate support measures such as professional assessment, professional orientation maintenance, individual positioning maintenance, definition of a professional validation course and implementation of a suitable training plan.
As part of its integration into the new workstation, it has an accompanying function and a periodic review to determine the necessary adaptation measures.
§ 3 Accompanying geographical mobility other than those referred to in paragraph 2.
In all cases of geographic mobility not referred to in paragraph 2 of this section, and resulting in the relocation of the agent, including permutations, the agent shall be entitled to the accompanying measures described above, subject to the totalization of a minimum period of three years for the first time. The benefit is again open to him after a new period of four years of seniority in his assignment. These minimum seniority conditions may be reduced in the event of exceptional circumstances.
26.4. Measure to support geographic mobility without moving related to the implementation of the target scheme of employment opportunities and the reclassification of personnel impacted by the transfer of the recovery of unemployment insurance contributions.
In the event of geographic mobility that does not result in a move, the impact on staff is financially accompanied by a significant increase in the time or distance between the home and the workplace for the agent.
For example, each indeterminate contract agent concerned shall be awarded a premium paid in a number of points, calculated on the basis of the duration of the increase in time or distance on a return journey between the home and the workplace according to the following scale:
– more than 20 minutes or more than 15 kilometers: 262 points;
– more than 40 minutes or more than 25 kilometers: 314 points;
more than 60 minutes or more than 35 kilometers: 366 points;
– more than 80 minutes or more than 45 kilometers: 419 points.
Agents have the opportunity to assert their right to this premium in the month following the installation in the new site.
J. ― Leaves
Rule 27
Annual leave paid
27.1. Fees for paid annual leave.
1 § An officer is entitled to annual leave with pay for one year from June 1 to May 31 for a period of 25 working days.
When the presence is less than one year, the agent is entitled to two and a half working days per month of actual work.
§ 2 Each working day of leave shall be paid on the basis of 1/240th of the reference salary. Such compensation shall be supplemented, if any, by a differential allowance for paid leave. For each working day of leave with pay, the amount of the difference between the gross daily wage of the month of payment of the allowance (June of Year N) and 1/240th of the remuneration received during the annual reference period of paid leave (1 June of N ― 1 to 31 May of N).
§ 3 Agents may take their leave at any time outside the normal period of May 1 to September 30 of each year, if the service needs permit.
§ 4 Leave days may be taken in advance from the first year.
§ 5 Each year, no later than 1 March, the directorates of the establishments shall prepare a forecast state of the leave with pay, taking into account:
– the necessity of service;
- the bearing of previous years;
– personal preferences, with priority in favour of the oldest agents and, on an equal footing, in favour of family officers.
However, for family officers with school-aged children, the application of the above criteria may not have the effect of setting the date of their annual leave outside the school holiday period.
The spouses and partners linked by a civil solidarity pact working both at Pôle emploi have the right to take their leave at the same time.
In addition, the directorates of the establishments promote simultaneous leave for officers and their spouses when they are forced to follow the closure of the business in which they work.
§ 6 The forecast state of paid leave shall be transmitted to staff delegates.
§ 7 Leave shall be the subject of a written request from the officer and a written response from the employer in case of refusal. Accepted leave dates may not be altered unilaterally, less than one month before the fixed leave date.
27.2. Splitting leave.
In the event that, by agreement between the officer and his or her hierarchy, the leave would be taken in several times, it is granted additional days of break-off, under the following conditions, subject to having taken a minimum of 10 days of continuous leave in the normal period of vacation leave fixed from May 1 to September 30 of each year or outside the normal period:
1 working day if the leave period taken outside the normal period is 2 to 4 working days;
2 working days if the leave period taken outside the normal period is at least 5 working days;
3 working days if all leave is taken outside the normal period.
27.3. Additional paid leave.
§ 1 An additional day of leave per month of attendance at the premises shall be allowed for a permanent position in a blind place.
§ 2 An additional leave, to be taken outside the normal period of main leave, is granted according to the officer's seniority:
1 working day, after 15 years of service completed;
2 working days, after 20 years of service completed;
3 working days, after 25 years of service completed;
4 working days, after 30 years of service.
27.4. Periods of absence eligible for paid annual leave.
§ 1 The absences caused by professional training, the periods of reserve, the days of absence for sickness recognized by medical certificate not exceeding the period of four months taken directly by the full-treatment institution and four months to half-treatment, maternity leave, paternity or adoption, leave for work or travel, exceptional absences of short duration granted during the year
§ 2 The absences for thermal treatments, medically prescribed and accepted by social security for the legal benefits of health insurance (medical fees, hydrotherapy fees, hospital fees), are considered to be absences due to illness under Article 30.
Rule 28
Special leave
28.1. Leave without pay.
§ 1 Leave without pay, of a maximum of three years, which is split by six months, may be granted to an agent with at least three years of seniority.
§ 2 At the end of the leave, the officer shall be reinstated into a class of employment in the same institution with the same benefits, after informing his or her management at least one month before the scheduled date of his or her reintegration. Reintegration shall be carried out without delay, prior to the expiration of the current leave, at the request of the person concerned, in the event of a serious cause, in particular because of a substantial decrease in household income or change in the family situation.
§ 3 In the event that an extension of six months of such leave is desired, the request must be made by registered letter with acknowledgement of receipt two months before the end of the leave.
§ 4 The same agent shall not accumulate the benefit of a leave without pay and a sabbatical according to the legal and regulatory provisions, without having taken up a work activity of a minimum of five years between the two leave.
§ 5 It shall be taken into account, at the time of the reinstatement of the agent, the experiences and new skills acquired during the period of such leave, with regard to the career development.
28.2. Availability.
§ 1 Agents who, in the interest of Pôle emploi, are required to hold office with an outside body may obtain unpaid leave of up to five years renewable within the same limit.
§ 2 The officers who make the request by registered letter within two months of the expiration of the leave they receive shall, at the end of the leave, be reinstated in their employment, or in the absence of another equivalent employment in their place of origin or in default in another institution. It is taken into account the agent's place of residence. Reintegration shall be carried out without delay, prior to the expiration of the leave in progress, at the request of the person concerned, in the event of a serious cause, in particular because of a substantial reduction in household income or change in the family situation.
§ 3 The duration of this leave shall be taken into account at the time of the reinstatement for the calculation of the seniority allowance provided for in Article 14 of this collective agreement.
§ 4 It shall be taken into account, at the time of the reinstatement of the agent, the experiences and new skills acquired, during the period of his lay-off, in relation to his career development.
28.3. Leave for business creation.
§ 1 Pursuant to articles L. 3142-78 et seq. of the Labour Code, and under the conditions provided by these legal provisions, an agent may apply, for the creation or resumption of a business, for leave without pay or for a period of part-time activity.
§ 2 The duration of this leave shall be one year renewable twice.
§ 3 It shall be taken into account, at the time of the reinstatement of the agent, the experiences and new skills acquired during the leave with regard to the career development.
28.4. Family solidarity.
§ 1 Pursuant to articles L. 3142-16 et seq. of the Labour Code, and under the conditions provided for in these legal provisions, an agent is entitled, upon request, to an accompanying leave of a person at the end of life, when an ascendant, descendant or a person sharing his or her home is subject to palliative care.
§ 2 This leave without pay shall be granted for a maximum period of three months, splitable. However, and subject to medical evidence, the officer concerned receives a monthly allowance equal to half of the monthly basic salary of the conventional minimum, prorated for the duration of the leave.
§ 3 The accompanying leave of a person at the end of life shall be terminated either on the expiration of the three-month period, or within three days after the death of the person accompanied, or on an earlier date.
28.5 Leave for adoption.
§ 1 By application ofArticle L. 1225-46 of the Labour Code, and under the conditions provided for by this legal provision, an agent may, on his or her request, be granted leave without pay to travel to overseas departments, territories and communities, New Caledonia, or abroad for the adoption of one or more children, if he or she is the holder of the approval referred to in Articles L. 225-2 and L. 225-17 of the Code of Social Action and the Family. Leave may not exceed six weeks per approval.
§ 2 The request for leave indicating the commencement date and the intended duration of the leave shall be made by registered letter.
§ 3 An officer who interrupts the leave shall be entitled to resume his or her duties before the scheduled date.
28.6. Parental presence leave.
§ 1 An agent may, upon request, be granted parental leave when the illness, accident or disability of a dependent child is of particular gravity, making it essential for sustained presence with the dependent child and for compulsory care.
§ 2 This leave shall be open under the conditions laid down in articles L. 1225-62 and following of the Labour Code.
§ 3 Employment sheet supplements the allowances and aids paid, as such, by family allowances, within the limits of the last net monthly salary of the agent.
§ 4 At the end of this initial period, or in the event of a relapse or recurrence of the pathology that affects the child, the right to leave may be extended or reopened for a new period upon presentation of a medical certificate justifying it, within a period of three hundred and ten days during a period of thirty-six months, except more favourable provisions implemented by family allowances.
28.7. Miscellaneous leave.
A continuous employee for more than one year is entitled to leave without pay for a maximum of one year, renewable within the five-year term:
- to raise a child under eight years of age;
- to assist a spouse or an ascendant as a result of a serious accident or illness or a disability requiring the presence of a third person;
―to follow his spouse when he or she is required to establish his or her habitual residence, because of his or her profession, in a place far from the place of performing the duties of the agent.
Rule 29
Short-term exceptional leave
29.1. Leave for family events.
§ 1 Short-term leave granted for family events shall be as follows:
marriage or agent PACS: 5 working days;
a child's marriage or PACS: 2 working days;
marriage or PACS of a brother, sister, brother-in-law or sister-in-law: 1 working day;
adoption of a minor child: 10 working days if the agent does not take adoption leave;
moving: 3 working days;
- death of a spouse or child: 5 working days;
death of the father or mother: 4 working days;
- death of another descendant or other ascendant (1): 2 working days;
- death of a brother, sister, brother-in-law or sister-in-law: 3 working days;
- death of an ascendant or descendant of the spouse: 2 working days.
§ 2 The splitting of such leave is possible in the event of exceptional circumstances. Agents must provide the necessary supporting documentation or at the end of the leave.
§ 3 In addition, an exceptional authorization of paid absence, duly justified, is granted on the occasion of the re-entry of a minor child of the agent.
29.2. Child, spouse, concubine or sick parent or childcare leave.
§ 1 In the event of a child's illness or the impossibility to provide custody of the child, the sickness of the spouse, the concubine or the parents in need of a presence for the care of the child or for administrative procedures such as the search for a medicalized retirement home or a residence for the elderly, the agent may obtain, on justification, exceptional leave as a father, mother, legal guardian with the care of the child, or concise
§ 2 This leave shall give rise to the payment, within 10 working days a year, of full treatment for five working days, of a half-treatment for five working days.
Rule 30
Absences for disease
§ 1 In the event of an absence of a duly justified illness, staff shall benefit from the following benefits from the first year of presence:
four months full treatment;
– four months in half-treatment.
In the event of a work, travel or occupational illness, this right is open without the condition of seniority.
§ 2 The allowances provided for in this article shall be for the above-mentioned guarantees of maintenance of wages, deducting from the actual day-to-day benefits paid for social security and directly received by Pôle emploi which subrogates agents in their rights during the period of maintenance of the salary. The directors of establishment shall make the necessary arrangements to ensure that the agents continue to pay the salary and pay the allowance.
§ 3 Except in the event of absence of a professional illness or termination of work as a result of an accident of work or a recognized journey attributable to the service, these provisions relating to the disease may not be in favour of the same agent until the latter has resumed, for a period of not less than three months, its functions in the establishment.
§ 4 Except in the case of a pre-disciplinary procedure, no termination may take place during a period of sick leave.
Rule 31
Maternity leave
§ 1 A leave shall be granted to women in pregnancy, with the maintenance of the whole treatment under deduction of social security benefits. This leave does not impute the right to absence due to illness under section 30.
§ 2 The length of leave is 16 weeks (6 before birth, 10 after birth).
This duration is extended to:
26 weeks (8 before birth, 18 after) if there are already two dependent children within the meaning of legal and regulatory provisions;
34 weeks (12 before birth, 22 after) for the birth of twins;
46 weeks (24 before birth, 22 after) for the birth of triples or more.
§ 3 Prenatal leave may be reduced by a maximum of four weeks on a reasoned request without a medical certificate in support of this request. In this case, postnatal leave is increased.
Prenatal leave may be increased by up to two weeks on a motivated request. In this case, postnatal leave is reduced.
§ 4 The leave may be extended in the following two cases:
- on medical advice, two weeks before birth and four after birth;
- so that postnatal leave is not reduced when delivery occurs after the scheduled date.
§ 5 A reduction of one hour of work per day, without a reduction of wages is granted during the period of medically recognized pregnancy and until the end of the 9th month after birth. This may be extended in the event of child breastfeeding. During this period, the workload has been reduced to reflect this reduction in schedule. In addition, schedule facilities are granted for compulsory medically prescribed visits during pregnancy.
§ 6 In the event of adoption of a child, leave with full salary shall be granted to the adoptive parent and deducted, if any, from social security benefits.
This leave may take effect no later than seven calendar days before the date of the child's home and for the duration of the postnatal leave of which the mother would have benefited in the event of delivery:
in the event of a single adoption:
10 weeks if the number of children passes to one or two;
18 weeks if the number of children passes to 3 or more;
- in case of multiple adoption:
22 weeks if the number of children goes from 0 to 2 or more.
When this duration is divided between the two parents, it is increased by eleven days (teneight days in case of multiple adoptions). In this case, it cannot be split in more than two periods, the shortest of which must be at least eleven days.
This leave does not come into account for the assessment of the right to absence due to illness under section 30.
§ 7 The resumption of employment of the officer shall be accompanied, at his request, by a period of professionalization to upgrade the skills related to his or her employment or to the activities of Pôle emploi, or any other appropriate action (immersion, balance of competence, ...). During this recovery, the employee's remuneration is increased by the general increases as well as the average of the individual increases received during the period of the leave by the officers in the same occupational category or, in the absence of the average of the individual increases in the Employment Pole.
§ 8 Medical acts prescribed for medically assisted procreation give rise to a two-day break-off period for the agents, subject to their care by social security. This leave is granted up to four times in the career.
§ 9 A father ' s agent shall, upon presentation of evidence, be granted paternity leave, under the conditions prescribed by law, for a maximum of 10 consecutive working days in the case of a single birth and fifteen consecutive working days in the case of a multiple birth.
During this leave, he or she, as well as the maternity leave officer, enjoys the maintenance of his entire salary under deduction of social security benefits.
Rule 32
Parental education leave
§ 1 By application of articles L. 1225-47 et seq. of the Labour Code and under the conditions provided for by the said provisions, the agent justifying a minimum age of one year at the date of the birth of the child or the arrival to his or her home of a child entrusted for adoption shall obtain at his or her request on the occasion of each birth or adoption:
- an education parental leave, a period during which he is considered on leave without pay;
a part-time remedy as provided for in Article 10.
§ 2 The leave or reduction of the working period may be requested at any time of the period following the expiration of a maternity or legal adoption leave and ends on the third anniversary of the child or arrival at the home of a child under three years of age.
§ 3 Leave or period of part-time activity shall not exceed one year from the date of arrival at home, when the child adopted or entrusted for adoption is more than three years old, but has not yet reached the age of the end of the school obligation.
§ 4 Leave or period of part-time activity may be extended in the event of a child's illness, accident or serious disability as defined in this collective agreement.
§ 5 Interested persons who have not expressed a wish for mobility shall be reintegrated into their employment or, if not, in similar employment with at least equivalent remuneration at their place of duty after that leave.
Rule 33
Availability in the event of an elective mandate
§ 1 Agents who are required to perform an elective mandate that is not compatible with the normal performance of their functions are considered to be in a condition of availability without treatment.
Upon expiry of its term, the reinstatement officer shall have two months to file the application. He/she finds his/her previous employment or equivalent employment in the same institution on the first day of the month following the date of his/her application for reinstatement, except in case of explicit mobility.
At the time of the reinstatement of the agent, the experience and new skills acquired during the exercise of the elective mandate are taken into account in terms of career development.
§ 2 These provisions are applicable independently of the specific and legal rules concerning the candidate or elected officials of the National Assembly, the Senate, the regional and general councils, the municipal mandates, the European Parliament or any other elective function.
§ 3 Upon application, the officer who is a candidate for a parliamentary or local mandate may substitute, on leave of ten or twenty working days, according to the terms of reference, provided by the Labour codea leave without continuous balance of thirty working days.
Rule 34
Miscellaneous absence authorizations
§ 1 Subject to service requirements, leave of absence shall be granted for the principal religious holidays of the different faiths other than legal holidays under the same conditions as those defined for public law officers.
§ 2 Employees who are required to serve as a jury of a court of attendance, to make mandatory or voluntary reserve periods, or to perform voluntary firefighter missions shall be granted a leave of absence paid during the period in question, subject to the allowances or allowances received as such.
K. ― Termination allowance and notice
Rule 35
Préavis
§ 1 The notice shall be fixed as follows, except for serious fault or for serious misconduct:
(a) Non-framework: two months for termination and one month for resignation;
(b) Frameworks: three months for termination and resignation.
§ 2 The resigning officer shall be exempt from the completion of all or part of his notice in the event of compelling reason or resumption of employment. In this case, the agent does not receive notice compensation.
§ 3 In the event of termination, the officer shall be entitled to a reduction of two hours of work per day, without a reduction in wages, to carry out his job search. As required, this daily reduction may be cumulative to constitute a weekly or monthly reduction. An agent who has found a job during the notice period may interrupt the employee to take up his new job, under a three-day notice period, without having to pay compensation and without losing his right to termination indemnity. In this case, the agent does not receive the notice compensatory allowance over the remaining period of time.
Rule 36
Termination allowance
§ 1 The Licensee shall be entitled, except in the case of dismissal for heavy misconduct or for serious misconduct, to a termination indemnity consisting of three portions, according to the date of termination:
First fraction: the basic conventional termination allowance:
From the 1st year to the 18th year of seniority, this first fraction is equal to as many than 24th of the gross annual remuneration calculated over the previous twelve months, as the agent counts entire years of seniority to which the pro rata temporis is added the months of service performed beyond the full years, until the 18th year understood, without however having more than one period of benefit to be taken into account The amount of this basic conventional allowance may not exceed the value of 9 twelfths of the gross annual remuneration until the age of 19 years.
Second fraction: the supplementary termination allowance: between 19 and 39 years of seniority:
The first portion of the above compensation is supplemented by a second portion paid to the Licensee holding a seniority between 19 and 39 years, but the same period may be taken into account more than once in the event of successive awards of several allowances.
This second fraction is equal to as many times 13.33 per cent of the twelfth of the gross annual remuneration calculated over the past 12 months, as the agent totals seniority in full years between the 19th and 39th year to which the pro rata temporis adds the months of service completed beyond the full years.
Third fraction: the additional termination allowance: from 40 years old:
A third fraction is to complete the previous two, paid to the officer who is a total of forty years of seniority or more without, however, the same period may be taken into account more than once in the event of successive awards of several awards.
This third fraction is equal to as many times 25% of the twelfth of the gross annual remuneration calculated over the last twelve months, as the agent totals years of seniority from 40 years.
§ 2 The provisions of this paragraph shall not lead to the payment of a termination indemnity less than that provided by the Labour code.
§ 3 For agents who have been successively occupied in full-time and part-time during the period of seniority taken into account, the termination allowance shall be calculated in proportion to the periods of employment carried out in either of these two terms in the reference period.
L. ― Retirement
Rule 37
Departure and retirement
§ 1 Retirement shall take place in accordance with the legal conditions. However, the agent, as long as it can receive a full-rate pension, can demonstrate its clear and unequivocal commitment to retirement.
§ 2 Upon retirement, regardless of origin, the officer shall receive a severance allowance equal to a minimum of three twelfths of the gross annual remuneration calculated on the preceding twelve months. This allowance is increased by a 24th annual gross salary per year of attendance, beyond the first year. It cannot exceed 9 twelfths of gross annual remuneration.
§ 3 By derogation, taking into account the rights acquired under the over-complementary and supplementary pension plans during the years of fiscal year under contract of public law, the officers opting for this collective agreement shall receive an allowance of three twelfths of the gross annual remuneration calculated on the preceding twelve months, from the exercise of the right of option. They may apply to the increase referred to in the preceding paragraph beyond the first year of seniority following the date of exercise of the right of option.
§ 4 In the case of a retirement at the Pôle emploi initiative, the retirement allowance may be calculated according to the terms of the legal termination allowance if it is more favourable to the agent.
§ 5 Part-time periods of activity shall be taken into account for the calculation of the retirement allowance on the basis of the " working time " as provided for in the termination allowance of this collective agreement.
§ 6 In the event of continuing activity after the age of sixty years, the working period is reduced from that age of one hour per day with maintenance of the salary. The workload is reduced accordingly. As required, this daily reduction, which cannot be compensated, can be accumulated to constitute a weekly or monthly reduction.M. ― Disciplinary measures
Rule 38
Disciplinary law
Disciplinary proceedings accompanying any sanction shall apply by law, in accordance with the applicable legal and regulatory provisions. However, the following provisions provide additional guarantees to officials against whom Pôle emploi is considering disciplinary action.
38.1. Sanctions.
§ 1 Disciplinary measures are as follows, in order of gravity, excluding any fine or monetary penalty:
- warning;
- blame;
- set up (within five working days limit);
- termination.
§ 2 The first two measures mentioned are pronounced by the director of establishment. The establishment and termination shall be pronounced by the Director General on the basis of a reasoned request from the Director of Institution, in accordance with the procedure described below.
38.2. Disciplinary procedure.
§ 1 No disciplinary proceedings shall be instituted for acts that have been known to the employer for more than two months.
§ 2 Where the Director General or the Director of Institution decides to institute disciplinary proceedings against an officer, he shall propose to the officer a pre-hearing meeting in which he or she may be accompanied by a member of the staff of his or her choice or a representative of a union organization of Employment. This prior interview is mandatory in the case of an intention to establish or terminate. The summons to this interview is sent by registered letter with notice of receipt or by hand-delivered letter against discharge.
This letter of summons informs the agent, in addition to the legal mentions:
- the right to obtain the full communication of his individual file and all the documents annexed, in the presence of a staff member of his or her choice or a representative of a union organization of Pôle emploi;
- the internal appeal procedure.
The officer then has a period of twenty working days from the receipt of this letter of summons to consult his individual file, and to make written submissions, if he wishes.
Therefore, prior maintenance may not take place prior to the expiry of the above-mentioned twenty working days.
§ 3 At the end of the pre-examination and in the event of an intention to issue a layoff or termination, the officer shall have a period of five free days in which he or she may refer to the national conciliation board provided for in Article 39 of this collective agreement. It must inform the management of the establishment within the same period.
The officer is then placed in a position of permanent establishment with the ability to be exempted from the obligation of presence and his salary is maintained for a period of not more than fifteen calendar days, during which the conciliation board must decide.
Upon receipt of the notice of the Joint Conciliation Commission, and no later than the end of the fifteen calendar days, if the Director General decides the termination of the agent, his leave shall be notified to him in accordance with the applicable legal and regulatory provisions. The amount paid for this period shall be charged against break-up benefits.
If management decides to transform or renounce the penalty, it shall notify the officer concerned in writing, which shall retain the benefit of the salary maintained during the period of the proceedings.
§ 4 In the event that an agent is not subject to any subsequent disciplinary action, and without prejudice to the legal amnesty provisions, he or she shall be granted a full amnesty after twelve months for the first three sanctions. Similarly, any reference to these sanctions is removed from the agent's file at the end of this one-year period. The officer may have access to his or her file at any time on his or her application.
N. ― National Joint Conciliation Commission (CNPC)
Rule 39
CNPC
§ 1 Individual or collective disputes of any kind may be submitted, at the initiative of the agents, to a parity national commission composed of three members per representative trade union organization at the national level and/or trade union organization signatory to this collective agreement and representatives of the management, having a number of votes equal to that of the staff delegation.
The appeal to this commission does not exclude the possibility for the agent to initiate a legal proceeding in parallel.
§ 2 The procedure for the operation of this commission shall be defined by its rules of procedure adopted by the commission at its first meeting. The Commission ' s secretariat is ensured by Pôle emploi.
§ 3 The information of the members of the commission on disputes submitted to it shall be carried out in writing. The dispute may be subject to further information. It may carry out investigations, request any documents that may clarify it. Management is required to communicate it to him. The officer is heard at his request on the individual dispute that he has before the commission or at the request of one of the members of the commission with the agreement of the agent. He may be assisted by a staff member of his or her choice or by a representative of a Pôle emploi trade union organization. The related travel costs are covered by Pôle emploi.
§ 4 The Commission shall make known the outcome of its deliberations to the management of the institution concerned, by recommendation when the dispute is of a technical nature relating to the application of one of the provisions of the collective agreement and by reason of opinion in the other cases and, in particular, for the referral pursuant to section 38 for which it may declare itself incompetent only in the case of a referral without delay.
The results of the Commission's deliberations are notified simultaneously to the liaison management and the interested party within eight working days after the meeting and within 24 hours in the event of an intention to terminate for personal reasons. This notification must intervene in any event before the end of the fifteen days of establishment provided for in Article 38.
§ 5 The commission, seized by the agents themselves, shall meet for the fifteen calendar days following the date of the referral for cases under Article 38.
A follow-up report on the views and recommendations made at previous meetings is submitted to the members of the Commission at the next meeting. An annual report is sent to the CCE on the number and distribution of referrals by the applicant (direction or agent), the institutions concerned, the reasons, opinions and recommendations made and the results.
O. ― Right to organize
Rule 40
Implementation of the Act No. 2008-126 of 13 February 2008all private law officers and public law officers, Pôle emploi personnel, are subject to the provisions of Part II of the Labour Code.
§ 1 The Direction of Pôle emploi recognizes the freedom of opinion and the right of agents to freely join and belong to a professional union constituted under Book IV of the Labour Code.
§ 2 The fact of belonging or not belonging to a trade union and the exercise of a trade union activity may not, in any case, either directly or indirectly, be taken into consideration in order to determine the decisions concerning recruitment, wage increases, advancement, conduct and distribution of work, discipline or termination of the labour contract and training.
If one of the contracting parties contests the grounds for termination or punishment of an agent, as having been carried out in violation of the trade union right referred to above, the parties to the dispute shall endeavour to establish a friendly procedure that does not impede the right to obtain judicial compensation for the damage caused if proven.
§ 3 The exercise of the terms of office of trade union delegates and representatives of the trade union section, or of the elected representatives of the staff, shall be incorporated into the day-to-day life of the establishment, without interruption for their professional development, for the benefit of the interests of all Pôle emploi staff. The employer ensures strict application of provisions of Article L. 2141-10 of the Labour Codein particular its second paragraph, as well as article 2 of Decree No. 82-447 of 28 May 1982 concerning the exercise of the right to organize in the public service.
§ 4 During an economic, social and trade union training leave, the remuneration of the Pôle emploi agents is maintained at full rate that they are beneficiaries (up to fifteen days a year) and/or facilitators (up to twenty days a year).
Taking this leave is possible by a fraction of a day without it being less.
§ 5 Expenditures related to this economic, social and trade union training leave, regardless of the amount of days consumed under the above provisions, shall be deductible from the amount of the employer's participation in the financing of continuing vocational training, within the limit of 0.08 per thousand of the wages paid in the current year in the settlement.
§ 6 Each member of a representative union at the national level of Pôle emploi shall be entitled to participate in the congresses of his union organization, federation or confederation, within five days a year with the maintenance of his remuneration.
In order to maintain the variability of the rhythm and duration of these congresses, each trade union organization has the opportunity to accumulate these days in a triennial period, a possible cumulation of fifteen days over three years.
Any member of a non-representative union at the national level may participate in a trade union congress, within two days a year, in the form of an authorization for paid absence granted by law. Each non-representative union at the national level has the opportunity to accumulate these days per triennial period, which is a possible cumulative period of six days over three years.
Rule 41
Local Provisions in Employment Institutions
In view of the organization of Employment and the level of delegation granted to regional directors, the Deputy Director General of the IT Services Directorate and the Director of Employment Services, it was agreed that the headquarters of the general management, each regional management, Employment Services and the management of IT services are considered separate institutions for the designation of union delegates as for the establishment of the establishment committees.
The directors of the above-mentioned establishments have a delegate of authority from the Director General to ensure the holding of representative personnel bodies and the negotiation of local agreements on the themes under their delegation.
§ 1 Legal union representatives.
The union representatives of the establishments are designated by the representative trade union organizations within each institution according to the provisions of the Labour code, according to the number of employees and are protected by the legal and regulatory provisions in force.
The representativeness of each trade union organization is recognized, at the end of each election, according to the rules in force.
§ 2 Additional conventional union delegates.
Each representative union organization within the institution may designate an additional conventional union delegate.
For establishments of more than 1,000 officers, the number is increased by one unit per 1,000 units from 1,001 officers.
Additional conventional union delegates enjoy the same legal protection as legal union delegates.
§ 3 Extra trade union delegate (formerly executive union delegate).
In institutions of at least 500 agents, any representative union may designate an additional union delegate under the conditions fixed by the Labour code.
The additional trade union delegate shall have the same credit of hours, including the credit of hours defined in paragraph 6 of this article, as the legal trade union delegate.
§ 4 Salary clause concerning legal union delegates, additional trade union delegates and additional conventional union delegates.
A trade union delegate with a private labour contract must receive a minimum wage review every three years in respect of the average wages of private law officers, registered in the permanent workforce, with a comparable seniority and the same coefficient, deducting from the effect of automatic salary changes. The elements for this comparison are sent every six months to the central union delegates. On this occasion, a point can be made on the level of remuneration of the union delegate.
A trade union delegate with a public law labour contract shall not benefit from a number of fractions of a variable premium less than the average number of fractions actually allocated every six months to agents in the union region and its level of employment. The same applies to the performance premium when eligible. In addition, it receives yearly reductions in seniority, in terms of level advancement, equal to the average of reductions that have benefited active agents of the same level of employment and of the same service length in these levels. With regard to access to exceptional levels, the situation of proposed union delegates is examined in relation to their age and career characteristics compared to the reference population comprised of agents who benefited from this benefit in the previous year.
§ 5 Taking into account the trade union activity in the career management of the mandated agents.
Specific skills developed in the exercise of trade union activities by public officials are taken into account in the validation of professional achievements prior to internal selection tests.
The specific skills developed in the exercise of trade union activities by private law officers are taken into account during their annual professional interview in order to examine opportunities for them to benefit from professional development.
In order to allow elected and/or mandated officers to maintain a link with operational activity, they may be offered to them in the context of the situational examination referred to in paragraph 16 of this section of the training activities aimed at maintaining their professional skills (following regulatory or technical developments).
§ 6 Hours credit for legal union delegates and additional union delegates.
In addition to the hour credits defined by the Labour codea contingent of 15 hours is assigned to each legal union delegate and additional trade union delegate.
In order to take into account differences in size and distance between the establishment's sites, an additional contingent of:
1 hour per month for each site of less than 15 agents;
3 hours per month for each site from 15 to 50 agents;
5 hours per month for each site of more than 50 officers, increased from the 51st 5 hours per month per 50 additional officers.
The staffing levels are those defined by Articles L. 1111-1 and L. 1111-2 of the Labour Code.
§ 7 Hours credit for additional conventional union delegates.
The additional conventional union delegate defined in paragraph 2 above, first paragraph, shall be credited with hours defined in paragraph 6, or 15 hours per month, in addition to the additional quota related to the size and number of sites.
The additional union delegate(s) defined in subsection 2 above, second paragraph, shall be credited to 45 hours per month and increased by 2 hours per month by 10 sites at the establishment for the exercise of its mandate.
For establishments (Seating Employment, Employment Services, DGA-SI) that do not have a public reception site, the 45 hours are increased by 2 hours per 150 officers in the establishment.
§ 8 Contingentment of hour credits (paragraphs 6 and 7).
In any event, the contingent consisting of the hours assigned to the legal trade union delegates and additional trade union delegates defined in paragraph 6 and the hours assigned to the conventional additional trade union delegates defined in paragraph 7 shall not exceed the ceiling of 606,68 hours per institution and by trade union organization (or 4 full-time equivalents), with the exception of the establishments whose strength is equal to or greater than 2,500, for which the ceiling is increased to 916 hours.
§ 9 Representatives of trade unions.
In accordance with the provisions of Labour code, non-representative trade union organizations have the opportunity to create a trade union section either at the national level or at the institution level and to designate a representative of the trade union section (RSS) at the level where the section is created.
The representative of the trade union section designated by a non-representative trade union organization at the level where the section is created receives a credit of 45 monthly hours, excluding road time. All or part of this credit is deferable to the calendar year within the institution and also subject to a transfer to one or more officers of the institution mandated by the RSS.
§ 10 Hours credits to union delegates for trade union representations in the following instances:
Staff delegate.
Legal union delegates, additional conventional union delegates, the additional trade union delegate participate in the meetings of staff delegates. They are assigned the same number of hours as that allocated to staff delegates.
The legal hours credit available to each incumbent staff delegate is increased by five monthly hours. In addition, the Alternate Staff Delegate is assigned an hour credit of five hours per month excluding travel. These hour credits can be heard out of travel time.
Each staff delegate has a day and a half of the preparation and balance sheet to be distributed around each meeting with care for travel and meal expenses on the basis of the scales applicable to all staff of the establishment.
Settlement Committee.
In establishments where an establishment committee exists, each union organization with at least one elected member may designate an officer of the institution as a union representative to the settlement committee. As such, it is assigned the same amount of hours as that allocated to the members who hold the settlement committee, excluding travel time.
Each member of the settlement committee, including the union representative, has one and a half day of preparation and balance sheet to be distributed around each meeting with care for travel and meal expenses on the basis of the scales applicable to all officers of the establishment.
Hygiene committees, safety and working conditions.
In institutions where a CHSCT exists, each representative trade union organization may designate an officer of the institution as a union representative at CHSCT meetings. As such, it is assigned the same amount of hours as that allocated to CHSCT members, excluding travel time.
Each member of the CHSCT, including the union representative, has one and a half day of preparation and balance sheet to be distributed around each meeting with care for travel and meal expenses on the basis of the scales applicable to all officers of the establishment.
§ 11 Use of hour credits.
Every hour, within the limits of the specified quotas, is mutualable, reportable and cumulative on the calendar year for each of the union organizations within the establishment. Deferrals of hours assigned to other persons of the mandated establishment, whose names must be notified in advance to the management of the institution, do not confer on them the quality of union delegate.
The use of these time quotas is subject to the use of delegation vouchers and to prior information from the hierarchy, 24 hours in advance or concurrent in the event of an exceptional circumstance, in order to allow the social coverage of the persons concerned.
Management ensures that paper delegation vouchers are replaced by a computerized support that distinguishes each hour credit counter with a view to simplifying the current procedure.
The transport time for the exercise of the terms of office of trade union delegate, of conventional additional trade union delegate, of additional trade union delegate does not affect the quota of hours arising from the application of this Article, within 200 hours per year for each.
§ 12 Travel costs.
The travel costs at the various sites and the costs of meals incurred by the proper exercise of the trade union mandate within the establishment will be reimbursed by the management of the establishment, upon presentation of supporting documents, on the basis of a monthly trip per site, except in exceptional circumstances. The headquarters of the establishment and the union premises are not considered for the application of this limitation.
§ 13 Displacements of the trade union delegates of the DOM.
The general management is responsible for a two-year travel for a representative union delegate at each DOM establishment to the metropolis.
This displacement is in addition to that carried out in the course of training following the professional elections provided for in paragraph 17.
§ 14 Material means of information and exercise of trade union activity.
In accordance with existing legal and regulatory provisions, union delegates have the facilities to:
ensuring the collection of contributions within the institution;
― to broadcast and display, within the establishment, the trade union press and all trade union documents, including by making signage available.
An appropriate location and equipped with the necessary material and communication facilities is made available to each representative trade union organization at the facility level, and an appropriate and equipped common premises under the same conditions is made available to non-representative trade union organizations at the establishment level, at the headquarters of the management of each institution, and in all cases outside the public reception area.
Hardware and IT equipment is in accordance with the agreement on the use of new information and communication technologies of 12 June 2009.
§ 15 Trade union meetings and leave of absence.
Meetings of trade unions.
Trade union delegates and union representatives may meet the members of their trade union section during working hours, subject to compliance with the following provisions.
The time spent on these meetings shall not, in any case, exceed one working hour per month for each officer.
These hours may be accumulated on a quarter at the request of the trade union concerned taking into account the needs of the service. Trade union organizations will endeavour to avoid the simultaneousness of these meetings.
In the event of a cumulative event, the organization of quarterly meetings will be defined at the level of each institution.
In addition, the transport time of the legal trade union delegate, the additional trade union delegate and additional trade union delegate or the agent to travel to the place where the meeting is organized is not included in the hours quota defined in paragraph 8 of this Agreement. In addition, on the occasion of these meetings, the travel costs of participants will be borne according to the scales in force.
These meetings must be held, at the beginning or end of a half-day work or a fixed range in the event of a variable schedule or a fixed position in the event of post work.
The management of the establishment must be notified at least three working days in advance of the date and time of the meeting.
This deadline is extended to five working days for quarterly meetings.
Annual Trade Union Meeting.
Each trade union organization at the level where it is representative can bring together one day a year the members of its trade union section. This meeting must be brought to the attention of the manager or site manager with a prevenance of ten calendar days. It cannot be overwhelmed with trade union meetings. This is a whole day, limited to the duration of the work performed for a day in the establishment without any possible transport delays being added. This day can be accumulated over two years at the request of the union concerned taking into account the needs of the service. Trade union organizations will endeavour to avoid the simultaneousness of these meetings.
The implementation of the provisions of this paragraph by different trade union organizations cannot be concomitant. Otherwise, the Director is implementing a process of consultation between trade union organizations to limit the impact on the activity of the services.
Staff briefings.
Trade union organizations at the level where they are representative may hold statutory meetings or information in the Pôle Emploi buildings outside the service schedules, especially according to the provisions of Article 6 of Decree No. 82-447 of 28 May 1982 the exercise of the right to organize in the public service.
Representative trade union organizations are also allowed to hold a monthly briefing during service hours. The duration of the latter may not exceed one hour, without road delay. However, hours may be accumulated to hold a three-hour meeting per quarter.
Each officer has the right to participate, in his or her choice and without loss of treatment, in one of these monthly briefings.
The meeting shall not affect the proper operation of the service or result in a reduction in the duration of the service to the users. It is up to the site manager or manager to make sure.
Exceptional absence authorizations.
Authorizations for short-term exceptional absences are granted to Pôle emploi staff mandated by representative trade union organizations at the national or institutional level, to exercise union mandates with the aim of ensuring representation of the representative trade union organization at the national or confederated level, outside of Pôle emploi either:
- at the local level (local unions, departmental or regional unions);
at the national level (unions, federations or confederations).
The trade union organization calling for a strike movement shall not mandate, under this paragraph, personnel of the establishment concerned.
These absences for union mandates are paid within the annual total limit of twenty working days per mandated agent. They can be taken by half a day.
The names of the agents mandated must be notified to the management of the institution concerned by the local or national union organization. This notification must be made one week in advance, except in exceptional circumstances.
The mandates issued by all representative trade union organizations over the same period under this paragraph may not have the effect of mobilising more than 30% of the site's workforce over the reporting period.
The management of requests with respect to the effective limits indicated is carried out by the management of the institution, which may call on trade union organizations to implement a consultation process to limit the impact on the activity of the services.
§ 16 Suspension of the labour contract for the exercise of a trade union mandate.
Agents may obtain a suspension of their work contract for the exercise of a trade union mandate, lasting between one and twelve months.
The application must be made jointly by the agent and the trade union organization.
At the end of the term, the agent is reintegrated into a class or level or equivalent job within the institution.
Agents may obtain a suspension of their long-term employment contract, for a maximum of three years, renewable or prolongable, to exercise a trade union mandate outside the institution.
The application must be made jointly by the agent and the trade union organization.
At the end of the representative term, the agent is reintegrated into a class or level or equivalent job according to his or her status, provided that he or she has made the application within a reasonable period of time.
However, at the end of an elective term, the agent is reinstated within one month from the notification of the end of the term to the management of the institution concerned.
It is taken into account the assignment wishes expressed by the agent during his reintegration.
For terms of office exceeding six months, the reintegrated officer is provided with an interview to review, inter alia, the new professional skills and abilities available to him.
In all cases, management can offer, if necessary, a personalized course of skills development or a training course to enable the upgrading of the professional knowledge necessary for this reintegration.
This device also applies to the institution's union delegates placed in a position to exercise their mandate requiring the completion of the institution's professional reintegration.
§ 17 Training of staff representatives in representative bodies of staff.
At the end of the professional elections, the representatives of the incumbent and alternate staff in the various representative bodies of the staff may be granted a specific leave of absence paid for two days, off-road, to follow training in the exercise of their mandate organized by the representative trade union organizations, without prejudice to the legal provisions relating to the economic training course.
Travel costs for these training sessions are covered by the establishments according to the scales in the Employment and on the presentation of evidence.
This leave of absence is issued outside the allocation of hours.
The situation of staff representatives residing in overseas departments is the subject of a special examination, upon request of the trade union organization.
Rule 42
National provisions within Employment
42.1. Central trade union representatives:
§ 1 Representation at the national level of trade union organizations is appreciated in relation to the electoral results of the consolidated institutions at the national level according to the provisions of common law in force.
Each representative trade union organization at the national level has the option of appointing a incumbent central trade union delegate (CSD) and an alternate central trade union delegate, to perform trade union functions at the national level on an ongoing basis, under the same conditions as the incumbent central trade union delegate. The incumbent central trade union delegate and the alternate central trade union delegate both participate in open meetings for the central trade union delegates.
The assignment of the terms of reference of the incumbent and alternate central trade union delegate and the end of these terms are notified to the general management of Pôle emploi. It informs all Pôle emploi establishments.
Designated central union delegates continue to belong to the staff of their original establishment. Their remuneration (salary and bonuses) and related accessories related to their establishment of belonging are guaranteed to them.
§ 2 Displacements of central trade union delegates.
Central trade union delegates have the flexibility to move freely to all employment establishments. These movements give rise to prior information from the relevant general management and regional management, 24 hours in advance or concurrent in the event of an exceptional circumstance, in order to allow the social coverage of the persons concerned.
Management is also responsible for travel outside the metropolis every two years, by DOM and by Central Trade Union delegate.
The general management of Pôle emploi is responsible for supporting evidence, within the limits of an allocation of 3,000 points per calendar year allocated by representative trade union organization, the travel and operation costs of the central trade union delegates and any Pôle emploi agent mandated by one.
§ 3 Union premises.
A trade union office by representative trade union organization at the national level is made available to the central trade union delegates of Pôle emploi. It includes the necessary adjustments to carry out their mission. Renewal and maintenance will be provided by Employment Pole according to network standards. Central trade union delegates benefit from equipment in accordance with the agreement on the use of new information and communication technologies of 12 June 2009.
§ 4 Salary clause concerning central union delegates.
In order to ensure a progression of his career, identical to the average of that of agents in the same category, the personal situation of each central union delegate is examined at least every three years by the General Directorate of Employment, in conjunction with the management of the institution concerned. As such, the provisions of section 41, paragraph 16, also apply to central union delegates according to their status of origin (private or public).
At the end of his term, the Central Trade Union Delegate is reintegrated into a position or function in a manner consistent with the level of his or her coefficient or level of employment, in conditions agreed with the individual.
It also receives, three months prior to its reintegration, an interview with the Director of the Host Institution, accompanied by a member of the Directorate of Employment, to conduct a review:
- the balance of his professional achievements and abilities;
- conditions for the continuation of his career;
- the training and skills development plan for its reintegration.
§ 5 Meetings at the initiative of management.
The time spent on parity meetings convened at the initiative of the Pôle emploi management, as well as the days of preparation and balance sheet related to these meetings, relating to the collective agreement and the conventional framework of Pôle emploi, by the central union delegates and agents representing the representative trade union organizations at the national level is paid as working time.
Travel costs incurred by these meetings shall be reimbursed in accordance with the scales applicable to occupational travel in Employment, within the limit of the travel of up to 4 officers per meeting and by trade union organization. Beyond this limit, travel costs are not covered by management.
If the central trade union delegate or the mandated agent voluntarily participates in a meeting of a national body on a day when he or she has no duty to serve, he or she recovers this day of full right and suit; the request shall be made in the form established by the leave procedure of the institution.
§ 6 Special authorities of absences attributed to national trade union organizations.
Each representative trade union organization at the national level has an annual credit of 2,500 days that it distributes according to its needs. This day credit also allows these trade union organizations to involve members of trade union offices or sections in their statutory meetings, and to ensure the mandates held in the interprofessional framework. The list of members of these statutory bodies is communicated once a year, two months before the beginning of the calendar year to the General Directorate of Employment.
To ensure the management of the days used, Pôle emploi provides each union organization with 4-pronged vouchers, a value of one day or a half-day (one part for the issuing trade union organization, one for the agent, one for the management of the establishment, one for Pôle emploi). Management ensures that, as soon as possible, the use of paper delegation vouchers is replaced by a computerized support to simplify the current procedure.
Two months before the beginning of the calendar year, each trade union organization communicates to the management of Pôle emploi the nominative list of agents likely to benefit from these delegations. The general management of Pôle emploi will communicate the information to the branches of the institutions concerned, updating the list that can be made through the water.
In order to ensure continuity of service within the establishment, the directorates of the establishments shall be informed by the union delegates of the absences of the agents mandated, at least 8 days before the commencement of the officers, if they are not more than 8 consecutive working days or within a period equal to the duration of the absence provided, if they are more than 8 consecutive working days.
For the same site, trade union organizations will endeavour to ensure that these simultaneous absences do not exceed 30% of the employee's workforce or not more than two people for a site of less than 15 agents.
These absences cannot be the occasion of a reduction in annual leave, RTT days or seniority days.
P. ― Staff Delegates
and members of settlement committees
Rule 43
Staff representative bodies
43.1. Institutional representative bodies.
§ 1 The election, powers, term of office and protection of staff delegates, elected members of the establishment committee, members of the hygiene, security and working conditions committee shall be determined by the legal and regulatory provisions in force.
§ 2 Establishment committees.
Calculation of the number of electives on establishment committees:
In order to take into account the number of locations and distances between them and the headquarters of the various establishments, thus allowing for a representation of the staff adapted to the context of the organization of the Employment Pole, the number of electives at the level of each establishment as provided by the Labour code is increased as follows:
∙ for an establishment ø or = 300 officers: + 1 EEC holder and alternate;
― for an establishment of more than 300 officers: + 2 E-members and substitutes increased by 1 from 1,000 and 1 beyond 1000 per 500 to 3,000 and 1 per 1,000 per 1,000 in excess of 3,000.
Each elected member of the settlement committee has a day and a half of the preparation and balance sheet to be distributed around each meeting with care for travel and meal expenses on the basis of the scales applicable to all officers of the establishment.
The term of office of the settlement committee is three years.
§ 3 Staff delegate.
Calculation of the number of staff delegates in institutions:
In order to take into account the evolution of the staffing and location of the establishments, and thus allow for the representation of staff adapted to the context of the organization of the Employment Pole, the number of electives at the level of each institution as provided by the Labour code is increased as follows:
∙ for an establishment ø or = 300 officers: + 1 incumbent and alternate DP;
― for an establishment of more than 300 officers: + 2 incumbent and alternate DPs.
Each staff delegate has a day and a half of the preparation and balance sheet to be distributed around each meeting with care for travel and meal expenses on the basis of the scales applicable to all staff of the establishment.
The term of office of staff delegates is three years.
§ 4 Hygiene Committee safety working conditions.
To take into account the evolution of the workforce and the location of Pôle emploi establishments, the number of CHSCT members at the level of each establishment as provided by the Labour code is increased by one additional member for each slice:
- for a staff establishment of 5 to 199: 4 members instead of 3;
- for an establishment of 200 to 499: 5 members instead of 4;
- for an establishment of 500 to 1,499: 7 members instead of 6;
― for an establishment of more than 1,500: 10 members instead of 9.
Beyond the staffing thresholds mentioned above and to take into account the size of the establishments, the number of CHSCT members is increased by 1, by 1,500, beyond 1,500.
Hours of travel for staff representation activities within CHSCT are not charged to hour credits. Each CHSCT member has one and a half day of preparation and balance sheet to be distributed around each meeting with care for travel and meals costs based on the scales applicable to all officers of the establishment.
Investigations and inspections of CHSCT members take place at least quarterly throughout the facility. Their transport time is not attributable to their hour credits. Their travel expenses are borne by the management of the establishment on the basis of the rates notified periodically by the General Directorate of Employment.
The term of the CHSCT is three years.
§ 5 Submission of claims.
Employees may submit their own claims or recourse to their supervisors or to the management of the establishment.
This provision does not undermine the possibility that they have to make this claim submitted by staff delegates or by any person of their choice from a Pôle emploi facility.
Staff delegates may also be assisted, upon request, by a representative appointed by a trade union organization.
43.2. National staff representative body: the central corporate committee.
§ 1 In the absence of a unanimous agreement with representative trade union organizations at the national level before the expiration of one month after the end of the electoral process in all Pôle emploi establishments, it shall be established a central corporate committee (CCE) from the establishment committees whose composition is determined as follows:
The CCE has 20 incumbent seats and 20 alternate seats, and the CCE has 40 seats to cover all establishments. Its composition meets the following rules:
20 seats of incumbents distributed among the 20 largest establishments in terms of the digital significance of the workforce considered at the CCE's date of incorporation and for the duration of its mandate;
9 alternate seats among the nine non-representational establishments at the licensee level;
11 alternate seats shall be distributed according to the above distribution rule of the seats of the incumbents.
§ 2 In addition, each representative trade union organization at the national level designates a trade union representative within the CEC.
§ 3 In addition to all of its mandatory commissions, the CCE shall, inter alia, issue a commission specializing in any matter relating to hygiene, safety and working conditions that requires a decision at the national level, without prejudice to the competence of CHSCT. This commission, made up of CCE members, may join internal experts. The work carried out by this commission is presented to the CCE. The time spent by the members of the Commission on its work and by potential experts is paid as working time and is not deducted from the credit of hours of the members of the CCE.
Its operating procedures and composition will be determined by deliberation of the CCE as part of its rules of procedure.
§ 4 Any provision relating to the representative bodies of the staff or to the right to organize that would not be covered by this collective agreement shall be within the scope of the Labour codewith the exception of the specific provisions for the DGA-SI under the local agreement entered into on 18 December 2007.
Q. – Social and cultural activities
Rule 44
Provisions relating to social and cultural activities
§ 1 The objective of the signatory parties is to allow the establishment of a unified social and cultural activities management for private law officers and public law officers, with a national level ensuring the pooling of resources and a level managed by the establishment committees.
§ 2 These management arrangements shall be the subject of an agreement annexed to this collective agreement. It takes into account the prerogatives of the settlement committees.
§ 3 The amount of the subsidy for social and cultural activities paid to the settlement committees is 1.2% of the salary mass excluding employer social contributions.
§ 4 This endowment is supplemented by an amount of 1.3 per cent of the salary mass excluding employers' social contributions paid to a national commission for the management of social and cultural activities, established at the national level.
§ 5 This commission shall have rules of procedure and shall define its terms of operation and intervention.
The chair of this commission is provided by the Director General or his representative, in charge of monitoring the regularity of the use of the grants allocated, especially with regard to the legislation on social contribution subjugation.
It is composed of representatives of trade union organizations at three representatives per representative trade union organization at the national level and/or signatory to this collective agreement.
Members of the Commission shall be granted credits of hours set out in the agreement referred to in this article.
§ 6 The administrative management of the files of the National Commission for the Management of Social and Cultural Activities is provided by the Deputy General Directorate for Human Resources.
R. ― Hygiene and security
Rule 45
Consultation of staff representative institutions
on hygiene, safety and working conditions
Without prejudice to the consultations Labour code, in particular, must be submitted for advice to the settlement committee and to the hygiene, safety and working conditions committee with respect to its jurisdiction:
― the use of new equipment and/or the introduction of new technologies;
― the development of premises;
– changes in the organization of work;
― short-term break arrangements for staff assigned to work that may result in particular fatigue or nervous tension or strain at specific times;
- the measures taken to facilitate the employment of workers, war disabled persons, civil disabled persons and workers with disabilities, including the development of work stations;
- occupational risk prevention;
the rules of procedure;
– any matter of its jurisdiction before it by the management of the institution, the establishment committee or staff delegates.
Rule 46
Occupational health and safety
§ 1 The purpose of the occupational medicine is to prevent the risks of alteration of the health of the agents by virtue of their work, by the medical supervision of the persons concerned and the conditions of hygiene at work. For this purpose, an annual medical examination is mandatory for each Pôle emploi officer. Institutions are looking for the most appropriate means to ensure their obligations in this area.
§ 2 An annual health assessment is offered to employees aged 40 and over who are volunteered, at the cost of the establishment, on working time, subject to benefits that may be obtained from the pension plan to which the persons concerned are affiliated.
§ 3 The premises and materials available are subject to monthly disinfection. Each year, and in the event of an epidemic, a thorough disinfection is carried out. Disinfection operations are performed under conditions and with products that do not pose a health hazard to agents.
§ 4 A place of rest equipped and sized according to the staff is made available to the staff at each workplace.
§ 5 The conditions of reception of the public guarantee the safety of agents, in particular by the development of the premises and the training of the personnel to security. This development takes into account the existing French and European standards for the development of professional spaces and the recommendations of the National Research and Safety Institute. Preventive security measures are put in place, including the presence of at least two officers, by implantation, including one squad, outside the hours of public opening. During the opening hours of public services, sufficient number of officers are assigned to the public.
In the event of an incident affecting the safety of personnel, a support device is offered to agents who request it, by the activation of a psychological support and care cell. The Secretary of CHSCT is informed immediately by the management of the institution.
Implementation of the provisions of this section is the subject of information and consultation with CHSCT, including through the single document.
S. ― Functional protection
Rule 47
Provisions on functional protection
§ 1 Employment is required to protect agents from threats, violence, assault, insults, discrimination, defamation or insults that they may be subjected to as a result of their duties or their membership in the Employment Pole, and to repair, where appropriate, the determinate damage to justice resulting from it. This protection also comes in the event of an appeal before a court for lack of service.
§ 2 In the event of an appeal before the courts, the functional protection shall provide the full support of the victim officer, including by taking charge of the defence of the agent to the courts, by the payment, in place of the perpetrator of the offence, of the damages and interests allocated and by the care of the civil convictions which may be imposed against him by judgment.
§ 3 In order to benefit from these provisions, the officer must make the request by hierarchical means to the management of his institution. Its supervisor offers the benefit of these provisions as soon as it is aware of facts that may justify the implementation of functional protection.
§ 4 Pôle emploi is subrogated to the rights of the victim in order to obtain from the authors of the threats or attacks the restitution of the sums paid to his agents.
§ 5 Pôle emploi also has for the same purposes of a direct action that it may exercise, if necessary, by forming a civil party before the criminal court.
T. ― Pension plans
Rule 48
Provisions relating to pension plans
§ 1 Employees recruited from the first day of the month of the signing of this collective agreement shall be affiliated with the supplementary pension institution of non-public and state officials (IRCANTEC).
§ 2 The agents governed by the Decree No. 2003-1370 of 31 December 2003 amended and amended Decree No. 86-83 of 17 January 1986 who opt for this collective agreement shall remain affiliated with the complementary pension institution of non-State and public authorities (IRCANTEC).
§ 3 For a transitional period of one year from the date of entry into force of this collective agreement, private law officers remain affiliated with the AGIRC- ARRCO regime.
Their pension plan will be set after negotiations with representative trade union organizations at the national level within this period. It guarantees the acquired rights of these agents.
§ 4 In order to ensure the full information of the trade union organizations and the personnel concerned, the Directorate General of Pôle emploi shall make available to representative trade union organizations at the national level and/or signatories to this collective agreement the financial means to attach themselves to the services of independent actuary experts.
U. ― Complementary Plan of Foresight and Disease
Rule 49
Provisions relating to the supplementary regime
and disease
§ 1 A supplementary system of foresight and compulsory disease shall be established for employment workers governed by this collective agreement. It is the subject of an agreement in two separate sections annexed to this collective agreement.
§ 2 Staff are obligatoryly subject to these regimes, which are managed by one or more designated bodies after tender. At the end of this call for tenders, the benefits and guarantees risk by risk of these plans may not be less favourable than those enjoyed by the employment workers at the time of the coming into force of this collective agreement.
§ 3 The shares of the employer in the financing of these complementary plans of foresight and disease shall not be less than the levels provided for in the above-mentioned agreements annexed to this collective agreement.
V. ― Special provisions
Rule 50
Special provisions
In order to take into account the special nature of the conditions for the exercise of the Pôle emploi missions in overseas departments, territories and communities, the modalities for the application of this national collective agreement to the Pôle emploi agents of these departments, territories and communities are appropriate, as appropriate, after negotiations with the representative trade union organizations in the institutions concerned.
W. ― Interpretation Commission
Rule 51
Interpretation Commission
§ 1 An interpretation commission of the national collective agreement shall be established, consisting of two representatives by trade union organization signatory to this collective agreement and/or adhering to it, and of representatives of the employer, each representation having the same number of votes.
§ 2 The employer and trade union organizations signatories to this collective agreement, representing at the national or representative level at the institution level, shall be empowered to seize this commission.
§ 3 The commission is competent to rule on the interpretation of the provisions of this collective agreement. The opinions of the interpreting board are unanimously taken.
They specify the exact interpretation of the provision examined and applicable in identical situations. His opinions are enforceable. They may not result in changes to the provisions of this collective agreement in which case these amendments are subject to a specific negotiation.
§ 4 Notices issued shall be disseminated in all Pôle emploi institutions and transmitted to trade union organizations participating in the commission and/or representative at the national level.
§ 5 The National Interpreting Commission of this collective agreement shall meet within two months after referral by the most diligent party. The secretariat is provided at the diligence of the Pôle emploi management.
X. ― Transitional provisions
Rule 52
Terms and conditions for the repositioning of public law officers exercising their right to option and integration of private law agents in the Pôle emploi collective agreement
In accordance with provisions of Article 7 of Act No. 2008-126 of 13 February 2008 on the reform of the public employment service, the agents of the ANPE governed by the Decree No. 2003-1370 of 31 December 2003, amended by the decree of 19 September 2009, establishing the status of contract agents of public law of Pôle emploi and by the provisions applicable to non-public officials provided by the Decree No. 86-83 of 17 January 1986 amended, may opt for the collective agreement applicable to all Pôle emploi private law officers within one year of its approval.
The signatory parties decide to extend this period of right of option for one year to allow agents to have sufficient time for reflection to exercise their right.
This section sets out the terms and conditions for the exercise of the right of option and repositioning of the public law officers concerned and the modalities for the implementation of the changes in the collective agreement for private law officers. It sets out the terms and conditions of information of private law officers on the new national collective agreement.
52.1. Staff concerned:
- contractual agents of public law under the statutory decree of December 31, 2003 and those governed by the decree of January 17, 1986, holders of a fixed-term contract, according to Pôle emploi on the opening date of the above-mentioned right of option;
- the public law staff made available and those whose contract is suspended due to illness, work or travel, maternity, leave without pay or availability for any reason;
– the private law officers of Pôle emploi.
52.2. Terms of information and repositioning.
§ 1 Staff information on the right of option.
After the approval of the collective agreement, the general management of Pôle emploi makes available to the relevant officers, including those on leave without pay or long-term sickness, all the useful collective information on the conditions under which the right of option is exercised, such as collective agreement and annexed agreements, as well as personalized and written information on the terms and conditions of their repositioning in the new collective agreement: position, coefficient and projection of monthly and gross remuneration
- complementary regime of foresight and disease;
- additional pension plan;
― the management of days of leave, days of RTT and the management of the time savings account;
- Resuming DIF;
― attribution of seniority premium.
The officers concerned may exercise their right of option within two years from the date of approval of the collective agreement. However, long-term leave without pay or sick leave, unable to exercise this right as a result of their absence, may opt within two months of the date of their reintegration. In addition, the right of option exercised by employees at work who are paid at full or half-treatment, as a result of health leave, is effective on the 1st day of the month following the date of the resumption of work to preserve in their original regime the continuity of their entitlements to benefits that may be opened in the context of the guarantees of health care and foresight costs.
§ 2 Information of private law personnel.
Within the month of the date of entry into force of the collective agreement, Pôle emploi provides all relevant collective information on the developments in relation to the collective agreement of unemployment insurance, to which they were:
- social pay contribution scheme;
- supplementary pension plan;
― terms and conditions for the award of seniority premium to agents who have reached or exceeded the 15-year limit.
§ 3 Procedures for exercising the right of option for public law officers.
The officers have two months to accept the terms of the proposal addressed by the Directorate General of Employment after the approval of this collective agreement. During this period, the directorates to the officers who request any necessary explanation of the terms and conditions of their repositioning and make the only corrections to any material errors found in the repositioning proposal.
The non-agreement of the agent on this proposal upon the expiry of this period shall be waived.
Agents may request at any time in the 24-month period of exercise of the right of option a new proposal from their institution's HRD. This new proposal is established in accordance with the repositioning rules set out in this collective agreement. The agent again has two months to respond.
The new contract takes effect as soon as 1 January 2010 provided that the proposal for repositioning, accepted and signed by the agent, arrives in return to the HR of the repositioning institution before 12 January 2010. With respect to the following months, the new contract takes effect on the first day of the month following the date of receipt in return of the proposal for repositioning, accepted and signed by the agent, provided that it reaches the HRD before the 20th of the current month.
52.3. Modalities of individual repositioning.
The determination of the repositioning of each public law officer in the collective agreement takes into account the compensation index reached in the indiciary grid of its level of employment on the date of exercise of the right of option. It is carried out in the following manner:
§ 1 Repositioning grid for public law officers.
The repositioning of the agents concerned in the collective agreement is carried out in accordance with the repositioning grid shown below.
This grid is exclusively dedicated to the repositioning of public law officers. This is not a career development grid.
| Level I bis | From 292 to 345 349 and + | | 170 180 | Highly qualified | | Management Assistant, Maintenance Personnel |
| Level I | From 291 to 345 | | 170 | Highly qualified | | Technician support and management, IT technician |
| | From 357 to 380 | | 180 | Highly qualified | | |
| | From 400 to 418 | | 190 | Highly qualified | | |
| | 439 and + | | 200 | Qualified technician | | |
| Level II | 308 | | 190 | Qualified technician | | Job Advisor, Assistant Advisor, Senior Support Technician and Management, Senior Computing Technician |
| | From 321 to 345 | | 200 | Qualified technician | | |
| | From 360 to 427 | | 210 | Highly qualified technician | | |
| | From 443 to 463 | | 220 | Highly qualified technician | | |
| | 483 and + | | 230 | Highly qualified technician | | |
| Level III | From 355 to 394 | | 230 | Experienced technician | | Assistant Advisor, Assistant Support and Management, Technical Framework |
| | From 414 to 493 523 and + | | 245 260 | Experienced technician | | |
| Level IV A | From 414 to 453 | Not eligible | 250 | Professional or Boxing | | Project Officer, Operational Framework, Support and Management Framework, Application Engineer |
| | From 473 to 512 | Not eligible | 265 | Professional or Boxing | | |
| | From 532 to 582 | Not eligible | 280 | Professional or qualified | | |
| | From 612 to 632 655 and + | Not eligible | 295 310 | Professional or qualified | | |
| | From 414 at 453 | Eligible | 250 | Professional or Boxing | 5% increase | |
| | From 473 to 512 | Eligible | 265 | Professional or Boxing | 5% increase | |
| | From 532 to 582 | Eligible | 280 | Professional or qualified | 5% increase | |
| | From 612 to 632 655 and + | Eligible | 295 310 | Professional or qualified | 5% increase | |
| Level IV B | From 435 to 494 From 524 to 614 | Not eligible | 300 325 | Professional or highly qualified | | Chargé de mission conseil à l'emploi, directeur d' agence, chargé de mission support et gestion, gén informatique |
| | 644 and + | Not eligible | 350 | Professional or confirmed | | |
| | From 435 to 494 From 524 to 614 | Eligible | 300 325 | Professional or highly qualified | 5% increase | |
| | 644 and + | Eligible | 350 | Professional or confirmed | 5% increase | |
| Level V A | From 455 to 515 From 545 to 635 665 and + | Not eligible | 350 375 400 | Professional or confirmed | | Technical Adviser |
| | From 455 to 515 From 545 to 635 665 and + | Eligible | 350 375 400 | Professional or confirmed | 5% increase | |
| | 695 and + | | 450 | Professional or experienced | | Territorial Director |
Rule 53
Agreements
The negotiating parties agree to enter into negotiations, upon the approval of this Agreement, for the conclusion of agreements on the following topics:
- professional equality man/woman;
― organization and development of working time and the establishment of a time saving account;
- classification of employment (the related negotiation is initiated in the month following the date of approval of the collective agreement);
the terms and conditions for the implementation of the variable portion of the remuneration;
- continuing professional training;
― becoming executives;
employment of employees with disabilities;
- forecast management of jobs and skills;
- National Commission for the Management of Social and Cultural Activities;
- specific agreement for a unified regime of foresight and disease.
In addition, the parties agree to take all necessary measures to ensure continuity in the service of social benefits to employment workers under the provisions of Article 44 of this collective agreement.
In addition, the general management will organize a meeting with representative trade union organizations in the establishments of overseas departments and territories, before the end of the first quarter of 2010 at the Pôle emploi headquarters, within the framework of Article 50 of this collective agreement.
Y. - Annexes
The agreements listed below, as annexes, continue to apply within the framework of this collective agreement to the coming into force by 2010 of renegotiated substitute provisions.
The provisions of this national collective agreement shall prevail over those of the following annexed agreements.
The terms "UNEDIC", "ASSEDIC", "GARP", "AGS" and "unemployment insurance" in the annexed agreements are replaced by "Employment Pole" or "its establishments":
- agreement on professional development;
– agreement of January 8, 2001 on the evolution of the collective contractual framework of the staff of unemployment insurance and the coming of December 21, 2001 on the organization and reduction of working time;
- national agreement on monitoring of activity through the use of individual data from computer tools (2004);
- agreement in favour of employees with disabilities and its successor of 18 December 2008;
– agreement on the evolution of the collective contractual framework of executives and its stakeholders;
- agreement on continuing vocational training;
- agreement on the National Training Centre and the National Joint Training Commission;
- agreement on the plan of foresight and disease;
∙ XXVI concerning classification.
Done in Paris, November 21, 2009.
The Director General of Employment,
C. Charpy
For the CFDT
For the CFE-CGC
For CFTC
For the CGT
For CGT-FO
For the FSU
For UNSA
Done in Paris, December 21, 2009.
Minister of Economy,
industry and employment,
Christine Lagarde
Minister of Budget, Public Accounts,
Civil Service
and state reform,
Eric Woerth
Secretary of State
job manager,
Laurent Wauquiez
