Key Benefits:
The Prime Minister,
On the report of the Minister of Labour, Solidarity and Public Service and the Minister of Health and Sports,
Vu le Public Health Codeincluding articles L. 1432-11 and L. 1432-12;
Vu le Labour code ;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu la Act No. 2009-879 of 21 July 2009 reforming the hospital and relating to patients, health and territories;
Vu le Decree No. 82-447 of 28 May 1982 the exercise of the right to organize in the public service;
Vu le Decree No. 82-451 of 28 May 1982 amended on parity administrative commissions;
Vu le Decree No. 82-452 of 28 May 1982 modified on technical committees of parity;
Considering the advice of the Joint Technical Committee of the Ministry of Social Affairs of 26 March 2010;
Given the evidence that the corporate committees of health insurance organizations were consulted under theArticle L. 2323-19 of the Labour Code ;
The Council of State (government section and social section) heard,
Decrete:
The agency committee established in each regional health agency under theArticle L. 1432-11 of the Public Health Code is competent for all staff of the agency, including those employed in the territorial departmental delegations of the agency.
The agency committee knows:
1° Matters relating to substances referred to in 1° and 2° of Article 12 of Decree No. 82-452 of 28 May 1982 referred to above ;
2° Questions relating to all substances referred to in articles L. 2323-1 to L. 2323-82 of the Labour Code, with the exception of articles L. 2323-7, L. 2323-8, L. 2323-10 to L. 2323-12, L. 2323-21 to L. 2323-26, L. 2323-44, L. 2323-45 and L. 2323-61 to L. 2323-67.
Each year, a social assessment prepared by the director general of the agency is presented to the agency committee.
The agency committee has civil personality and manages its heritage under the conditions provided by theArticle L. 2325-1 of the Labour Code. The committee mandates either the director general of the agency or its representative, or a staff representative to represent and judge him.
The regional health agency provides the agency committee with an operating subsidy as defined by theArticle L. 2325-43 of the Labour Code.
I. ― The agency committee shall ensure, control or participate in the management of all social and cultural activities in accordance with articles L. 2323-83 in L. 2323-85 of the Labour Code.
II. ― The resources of the agency committee on social and cultural activities are constituted by:
1° The contribution paid by the agency for the functioning of the agency's social institutions that are not legally responsible;
2° The mandatory reimbursement by the agency of insurance premiums due by the agency committee to cover its civil liability;
3° Optional contributions from agency agents whose agency committee may determine the terms and conditions of perception and effects;
4° Donations and bequests;
5° Revenues from events organized by the agency committee;
6° The income of the movable and immovable property of the committee.
The contribution paid by the agency under 1° of II of the previous article is fixed by decree of ministers exercising the guardianship of the agency.
At the end of each year, the agency committee shall report on its financial management under the conditions provided by theArticle R. 2323-37 of the Labour Code.
Members of the outgoing committee report on their management to the new committee under the conditions of the committeeArticle R. 2323-38 of the Labour Code.
The agency committee is composed of an equal number of representatives of the administration appointed by decision of the director general of the agency and of elected staff representatives.
I. ― For their representation in the agency committee, staff are divided between the following two colleges:
1° The first college consists of the staff, the officers mentioned in 1° of Article L. 6152-1 of the Public Health Code and contractual agents of public law;
2° The second college comprises private law officers governed by collective agreements applicable to staff of social security organizations.
II. ― The composition of staff representation in the agency committee is as follows, for each of the two staff colleges referred to in paragraph 1:
1° Less than 20 agents: 1 holder and 1 alternate;
2° From 20 to 49 officers: 2 incumbents and 2 alternates;
3° From 50 to 99 officers: 3 holders and 3 alternates;
4° From 100 to 299 officers: 4 incumbents and 4 alternates;
5° From 300 to 499 officers: 5 incumbents and 5 alternates;
6° From 500 to 799 officers: 6 incumbents and 6 alternates;
7° From 800 officers: 7 incumbents and 7 alternates.
III. The second college is divided into two sub-collèges:
1° The subcollège of employees and workers;
2° The subcollège des ingénieurs, chefs de service, technicians, agents de maîtrise et assimilés.
However, in regional health agencies employing less than 20 private law officers governed by collective agreements applicable to social security personnel, the second college does not have subcollèges.
In the event that the strength of one of the two sub-collèges of the second college is less than 30% of the total strength of the second college, it is not created sub-collèges.
Staff representatives in the agency committee are elected for a period of four years. Their mandate can be renewed.
I. ― The functions of staff representatives end with the resignation of the mandate, death, loss of eligibility requirements, and when the representative leaves the agency.
For the representatives of the first college, they also end with long-term or severe sick leave or unpaid leave for family or personal reasons.
II. ∙ The alternate member shall be appointed for the remainder of the term, as follows:
1° When an elected representative of staff is unable to perform his or her duties, his or her alternate is appointed as a holder and is replaced by the remaining first non-elected candidate from the same list;
2° When an alternate representative is unable to serve as a member, he or she is replaced by the remaining first unelected candidate from the same list;
3° When a list is unable to provide, under the conditions set out in the two preceding paragraphs, the seats of the incumbent or alternate members to whom it is entitled and if this does not reduce the representation of the staff by half or more, the trade union organization that has presented the list designates replacements to fill vacancies among the eligible officers.
III. ∙ Renewal of the agency committee shall be effected if, for one of the two colleges, the number of members holding the staff representation is reduced by half or more, unless the mandate is completed within six months. In this case, the terms defined in 3° of II of this article shall be applied.
The director general of the agency informs, by posting, the trade union organisations mentioned in Article 19 of the organisation of the elections, and invites them to participate in the negotiation of the pre-election agreement protocol.
The director general of the agency invites, by mail, other trade union organizations, which have formed a trade union section or are affiliated to a representative trade union organization at the national level to participate in the negotiation of the pre-election agreement protocol. In the case of a renewal, this invitation shall be made at least two months before the expiry of the term of office of the members in office.
The Director General shall inform the staff, by posting, of the organization of the elections. The displayed document indicates the date for the election, which is no longer than two months after the date of the posting, except in the event of an advance renewal.
I. ― Staff representatives shall be elected by the ballot with proportional representation to the highest average. The electoral quota is calculated by college and sub-collège.
Staff representatives are elected, by college and subcollège, on lists prepared by trade union organizations meeting the conditions set out in Article 19.
The pre-election agreement protocol may, depending on the circumstances of each regional health agency and unanimously of the trade union organizations representing the health insurance personnel participating in its negotiations, provide for the establishment of a single college of private law officers governed by collective agreements applicable to the staff of social security organizations.
II. ― Lists must be filed at least six weeks before the election date.
Each trade union organization that has filed a list is a representative for all electoral transactions.
Each trade union organization can only submit a list of candidates for the same college or subcollège. This list can be incomplete.
No one can be a candidate on several lists of the same ballot.
The same union organization may present a list for each of the colleges and subcollèges.
The filing of each list must be accompanied by an individual declaration of application signed by each candidate. The deposit is the subject of a receipt given to the union representative.
The validity of the pre-election agreement signed between the director general of the agency and the trade union organizations concerned is subject to its signature by the majority of the trade union organizations that participated in its negotiations, including the representative trade union organizations that collected the majority of the votes cast during the last elections of the agency committee or, where these results are not available, the majority of the agency's representative trade union organizations.
In the absence of a signature following the negotiation under section 13 and the preceding paragraph, the Director General of the Agency sets out the rules for organizing the elections.
Electors are for staff representatives in the agency committee, staff who are sixteen years of age and are not subject to any prohibition, loss or incapacity related to their civic rights.
These personnel must meet the following conditions within the agency:
1° When they have the status of a licensee or agent referred to in the 1° of Article L. 6152-1 of the Public Health Code, be in a position of activity or parental leave or be accommodated in detachment or by way of making available;
2° When they are an intern employee, be in a position of activity or parental leave;
3° When they are contractual agents of public law or private law agents governed by collective agreements applicable to staff of social security organizations, be employed for at least three months by the agency; In addition, they must perform their duties or be on paid leave or on parental leave.
The quality of electors is appreciated on polling day.
I. ― The terms and conditions for the organization of electoral operations, the establishment of polling stations and sections, their organization and the conditions under which the director general of the agency designates, for each of them, a president, a secretary and, if any, a representative of each list in attendance, the distribution of electors between the polling stations and the polling divisions, and the rules for the conduct of the election on the day of the election and its counting are defined in the electoral protocol.
II. ― The list of electors who are called to vote in a polling section is decided by the Director General, or his representative, to whom the section is placed.
The list of electors is posted at least one month before the date of the election. Within eight days of publication, electors can verify registrations and, where applicable, submit applications for registration. In the same period and within three days, claims may be made against registrations or omissions on the list of electors.
The Director General shall promptly decide on these claims.
Staff eligible for election to this committee are eligible to be elected to the agency committee and are eighteen years old.
However, the spouse of the director general of the agency, his partner bound by a civil pact of solidarity, his concubine, his ascendants, descendants, brothers, sisters or allies of the same degree are not eligible.
When the Director General of the Agency finds that a candidate does not meet the conditions set out in this section, he makes a reasoned decision regarding his ineligibility, that he notifies the individual and the union organization that presented the candidate.
Lists of candidates are submitted by trade union organizations that meet the following conditions:
1° For the first college, those provided for in Article 15 of the law of 11 January 1984 referred to above;
2° For the second college, those provided by theArticle L. 2324-4 of the Labour Code.
No application may be filed or amended after the date of filing of the lists under Article 14. Similarly, no withdrawal of nominations may be made after the nomination of applications.
However, if one or more candidates on a list are recognized as ineligible, subject to the provisions of the last paragraph of Article 18, within three days of the deadline for filing the lists, the Director General of the agency shall promptly inform the representative of the list concerned, who may then proceed, within six days of the deadline for filing the lists, to any necessary corrections.
If an ineligibility event occurred after the application deadline, the ineligible candidate may be replaced until the fifteenth day before the election date.
Lists of candidates are posted throughout the sites of the regional health agency.
When, for the same election, several trade union organizations affiliated with the same union or federation of trade unions have filed competing applications in the first college, the director general of the agency shall inform, within three days of the deadline for filing applications, representatives of each of the lists concerned. They then have three days to make the necessary changes or withdrawals.
If, upon expiry of this period, the amendments or withdrawals of applications have not taken place, the Director General shall inform within three days the union or federation of trade unions whose applications are required. It then has a five-day time limit to indicate to the Director General, by registered letter, with a request for notice of receipt, the application that may avail itself of membership in the union.
In the absence of this indication, trade union organizations that have filed the lists in question may not benefit from the provisions of the 1st of Article 14 of the Act of 11 January 1984 referred to above and may not avail themselves of the ballots of membership in a union.
Where the admissibility of one of the lists is not recognized by the administration, the procedure described above shall be implemented within a period of three frank days from the notification of the judgment of the administrative tribunal when the administrative tribunal is seized with a challenge of the decision of the administration, pursuant to the provisions of the eighth paragraph of Article 14 of the Act of 11 January 1984 referred to above.
Election and proclamation of results are governed by Articles 19 and 20 of Decree No. 82-451 of 28 May 1982 referred to above.
A new ballot shall be taken when no list has been filed by the representative trade union organizations or when the number of voters, recorded by the central polling station on the basis of the elections, is less than half the number of registered electors. If the number of voters is less than half of the registered voters, the first ballot will not be counted.
These conditions are appreciated by college.
This new ballot shall be held within a period not less than six weeks or more than ten weeks from either the deadline for filing under Article 14 where no organization meeting the conditions set out in Article 19 has submitted a list, or the date of the first ballot when the participation in that ballot has been less than the rate set out above. For this second ballot, any trade union organization may file a list.
The provisions of the penultimate paragraph of section 14 of the Act of 11 January 1984 referred to above apply to disputes over the admissibility of the lists filed.
Challenges to electoral operations are brought within five days of the announcement of the results to the Director General of the agency. The decision shall be taken within five days. Its decision may be contested before the administrative court within five days.
The agency committee is chaired by the Director General of the regional health agency to which it is placed. In the event of an incapacity, the Director General designates another member of the agency's management to represent him. Reference is made to the minutes of the meeting.
Representatives of the incumbent staff on the agency committee shall, within them, designate a secretary of the committee for the duration of their term.
After each meeting, a report is prepared by the secretary. It is signed by the president and signed by the secretary, then communicated to the members of the committee. It is subject to approval by the agency committee at the committee meeting following its signature.
The committee rules its rules of procedure. It determines the terms and conditions of its operation and those of its relationship with the staff of the regional health agency for the exercise of its duties.
The agency committee meets at least once every two months on the convocation of its president, on its initiative, or, within the maximum period of one month, upon written request of at least half of the staff representatives.
The convening of the agency committee sets out the agenda of the session decided by the chair and secretary of the committee. If there is no agreement, the agenda is fixed by the chair of the committee.
The agenda of meetings of the agency committee is communicated to members at least eight days before the session.
Trade union delegates attend committee meetings without a deliberate vote.
Alternates may attend meetings of the committee. They only have a deliberate voice in the absence of the incumbents they replace.
The chair of the committee, at his initiative, or at the request of committee members, may convene experts to be heard on an agenda item.
The experts have no deliberate voice. They can only attend part of the debates on the issues for which their presence was requested, excluding the vote.
The committee shall only deliberate validly if half of the representatives of the deliberative staff are present at the opening of the meeting. When the quorum is not reached, a new convocation shall be sent within eight days to the members of the committee who then sits validly on the same agenda regardless of the number of members present.
The committee shall issue its views to the majority of members present with a deliberate vote.
For the deliberations on the management of social and cultural activities, the staff representatives and the chair of the committee shall vote.
Committee meetings are not public.
The members of the committee and the experts who are heard are required to be held at an obligation of professional discretion on the basis of the documents and documents they were aware of in these capacities.
All facilities are provided to committee members to perform their duties. Communication is given to them of all the documents and documents necessary to perform their duties no later than eight days before the date of the session.
Staff representatives are provided with the training required to perform their duties.
A leave of absence is granted, on a simple presentation of the summons, to staff representatives, holders or alternates, within the agency committee, as well as to experts called to participate in the meetings of the committee, to allow them to participate in the meetings. The duration of this authorization shall be calculated taking into account the time limits, the expected duration of the meeting and increased by a time equal to that time in order to ensure the preparation and reporting of the work of the committee. This time is considered to be working time and paid at normal maturity.
The incumbent and alternate members of the committee and the experts convened do not receive any compensation as a result of their duties. They are compensated for their travel and residence expenses under the conditions set out in the applicable legislation applicable to the staff concerned.
The Director General of the agency leaves the time required for the performance of social and cultural activities to the elected incumbent members of the agency committee, within a time limit that cannot exceed 20 hours per month. The time limits for these functions cannot exceed 10 hours per month. The time spent in the exercise of their staff representative's terms of reference is considered to be working time and paid at the normal deadline.
The elected members of the agency committee may, both during the hours of the exercise of their terms of reference as staff representatives and outside their usual hours of work, circulate freely in the agency and take all necessary contacts to carry out their duties, especially with staff at their work stations, subject to not disturbing the performance of their work.
The Director General of the agency shall make available to the agency committee an appropriately arranged premises and the equipment necessary for the performance of its functions.
Staff representatives to the agency committee may organize, in the premises made available to the agency, briefings, internal to staff. They may invite outside personalities to participate, subject to notification to the Director General three days prior to the meeting. These meetings take place outside the working time of the participants. However, staff representatives within the committee may meet during the time of their mandate.
The deliberations and notices issued by the agency committee shall be communicated, by any appropriate means, to the staff of the agency within one month.
The agency committee must be informed of the follow-up to its deliberations and notices, within two months, by a written communication from the chair to each member.
The agency committee may create, under the conditions set out in theArticle L. 2325-22 of the Labour Codecommissions, in particular for the management of social and cultural activities or for the examination of specific problems.
It may adjoin the committees, with an advisory vote, experts.
Commission reports are subject to the deliberation of the agency committee.
Staff delegates represent private law officers governed by collective agreements applicable to staff of social security agencies.
Staff delegates are elected by officers from the second college referred to in 2° I of Article 10. Their election takes place under the same conditions as those for staff representatives at the second college of the agency committee.
The number of staff delegates is that mentioned in theArticle R. 2314-1 of the Labour Codeapplied to the second college staff.
The election of staff delegates is the subject of a pre-election agreement protocol with trade union organizations that meet the conditions set to theArticle L. 2314-3 of the Labour Code in the professional field of social security organizations.
The election of staff delegates takes place on the same date as that of staff representatives to the agency committee.
The replacement of a staff delegate who has ceased his or her duties or temporarily absent for any cause shall be carried out in the same manner as those set out in Article 12, II.
If no agreement is reached on those of the establishments that have a distinct institutional character, the decision is made by the Director General of the agency.
Challenges to electoral operations are brought within five days of the announcement of the results to the Director General of the agency. The decision shall be taken within five days. Its decision may be contested before the administrative court within five days.
The provisions of Title I of Book III of Part II of the Labour Code apply to the exception of Section II of Chapter IV and Chapter VI. Also applicable are articles L. 2314-28 and L. 2314-31 of the same code. The credit of hours of delegation is determined under the conditions set out in Article L. 2315-1 of this code according to the number of employees of private law.
The designation of the union delegate under theArticle L. 1432-11 of the Public Health Code intervenes in the same conditions as those provided by the Articles L. 2122-1 and L. 2143-3 of the Labour Code, referring to the results of the agency committee elections. The percentage of votes cast, as provided for in the same articles Labour code, Appreciates at the level of each of the two colleges mentioned in I of Article 10.
The validity of collective labour agreements, as provided for in Book 2 of Part 2 of the Labour Code, is subject to their signature by trade union organizations under the conditions laid down in Article L. 2232-12 of the same Code, with reference to the results of the elections of the agency committee. The percentage of votes cast as provided for in the same article Labour code, Appreciates at the level of the second college referred to in Article 10.
The provisions in this title apply until the first election of staff representatives in the agency committees, which must be held within a period of not more than six months from the establishment of the regional health agency.
Until the first election of staff representatives and for the period ending this deadline, each trade union organization meeting the requirements of section 19 may designate a representative, contacting the director general of the agency. These conditions are appreciated by college.
Until the end of the period referred to in section 50, the director general of the agency exercises its executive power in the areas for which the agency committee is competent after consultation with the representatives of the trade union organizations referred to in section 51 that it brings together for this purpose.
Representatives of trade union organizations may present to the Director General of the agency the individual and collective claims of personnel.
Representatives of trade union organizations and the director general of the agency negotiate the pre-election agreement protocols provided for in Articles 14 and 43. If no agreement is reached, the Chief Executive Officer sets the rules for organizing the elections.
Representatives referred to in this title having the status of private law officers governed by collective agreements applicable to staff of social security organizations shall be protected against dismissal provided for by theArticle L. 2411-3 of the Labour Code.
The provisions of this decree come into force on the date of publication of the decree establishing regional health agencies and no later than 1 July 2010.
The Minister of Labour, Solidarity and Public Service, the Minister of Health and Sports and the Minister of Budget, Public Accounts and State Reform are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, March 31, 2010.
François Fillon
By the Prime Minister:
Minister of Health and Sports,
Roselyne Bachelot-Narquin
Minister of Labour, Solidarity
and the Public Service,
Eric Woerth
Minister of Budget, Public Accounts
and state reform,
François Baroin
