Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:
Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants is amended to:
1° The last paragraph of Article 8 is deleted;
2° After Article 8, an article 8 bis is inserted as follows:
"Art. 8 bis.-I. ― The union organizations of civil servants have the capacity to participate at the national level in negotiations on the evolution of remuneration and the purchasing power of public officials with government officials, representatives of territorial public employers and representatives of hospital public employers.
“II. ― Trade union organizations of civil servants also have the capacity to participate in negotiations with the relevant authorities:
« 1° Under the conditions and organization of work, and teleworking;
« 2° Career development and professional promotion;
« 3° Professional and continuing training;
« 4° Social action and complementary social protection;
« 5° hygiene, safety and health at work;
« 6° Professional integration of persons with disabilities;
« 7° Professional equality between men and women.
"III. ― are called to participate in the negotiations referred to in I and II the trade union organizations having at least one seat in the advisory bodies in which the participation of the public servants is exercised and which are determined according to the purpose and level of the negotiation.
"A negotiation whose purpose is to implement at a lower level an agreement reached at the higher level can only specify or improve the general economy in accordance with its essential stipulations.
"IV. ― An agreement is valid if it is signed by one or more employee organizations of officials who have collected at least 50% of the number of votes in the last professional elections held at the level at which the agreement is negotiated. »
After section 14 ter of the same law, an article 15 is reinstated as follows:
“Art. 15. - The skills acquired in the exercise of a trade union mandate are taken into account under the acquired professional experience. »
The third paragraph of section 12 of the Act is supplemented by a sentence that reads as follows: "However, this paragraph does not constitute an obstacle to the internal promotion of agents who, placed in the statutory position for that purpose, devote their entire service to the exercise of a trade union mandate. »
Article 9 bis of the same law is read as follows:
"Art. 9 bis.-Professional elections:
« 1° Union organizations of civil servants who, in the public service where the election is organized, have been legally constituted for at least two years from the date of legal filing of the statutes and meet the criteria of respect for republican values and independence;
« 2° Union organizations of civil servants affiliated to a union of civil servants who meet the conditions mentioned in 1°.
"For the purposes of the 2°, the unions of civil servants shall only be taken into account as union unions whose statutes determine the title and provide for the existence of own governing bodies designated directly or indirectly by a deliberative body and permanent means constituted, inter alia, by the payment of membership dues.
"A union organization or union of civil servants trade unions created by a merger of trade union organisations or union unions that fulfill the condition of seniority mentioned in the 1st is presumed to fulfil this condition itself.
"Organizations affiliated to the same union cannot present competing lists to the same election.
"Disputes on the admissibility of applications are brought before the competent administrative tribunal within three days of the deadline for applications. The Administrative Court shall rule within fifteen days after the application is filed. The appeal is not suspensive."
After section 9 bis of the same law, it is inserted a section 9 ter as follows:
"Art. 9 ter.-The Joint Council of the Public Service is aware of any general matters common to the three public functions before it.
"It is seized of the bills or orders and, where a statutory or regulatory provision provides, a decree common to the three public functions, with the exception of the texts specific to each public service.
"The consultation of the Joint Council of the Public Service, when mandatory, replaces that of the superior councils of the public service of the State, the territorial public service and the public hospital service.
"The Joint Council of the Public Service is chaired by the Minister of Public Service or his representative.
"He understands:
« 1° Representatives of trade union organizations of officials designated by them; seats are distributed among trade union organizations proportionally to the number of votes obtained by each of them in the last elections for the designation of members of the technical committees in the three public functions and advisory bodies to ensure the representation of staff under specific legislative provisions;
« 2° Representatives of state administrations and employers and their public institutions;
« 3° Representatives of territorial public employers including the President of the Superior Council of the Territorial Public Service, appointed by representatives of the municipalities, departments and regions within the Supreme Council of the Territorial Public Service, referred to in theArticle 8 of Act No. 84-53 of 26 January 1984 bringing statutory provisions relating to the territorial public service;
« 4° Representatives of public hospital employers designated by the most representative organizations of the institutions mentioned in theArticle 2 of Act No. 86-33 of 9 January 1986 with statutory provisions relating to the hospital public service.
"The President of the Higher Council of the Hospital Public Service attends meetings of the Joint Council of the Public Service without a deliberate vote.
"The opinion of the Joint Council of the Public Service is rendered when the notice of each of the categories of representatives mentioned in 1°, 3° and 4° has been collected.
"A decree in the Council of State sets the conditions for the application of this article. »
In the second paragraph of Article 12 of Act No. 84-16 of 11 January 1984 on statutory provisions relating to the public service of the State, the words "advisory bodies" are replaced by the words "parity administrative commissions".
Section 13 of the Act is thus drafted:
"Art. 13.-The Conseil Supérieur de la Service publique de l'Etat is aware of any general matters concerning the public service of the State before it. He is the higher body of disciplinary, progress and termination appeals for professional insufficiency.
"The Superior Council includes representatives of the administration and representatives of the trade union organizations of civil servants. Only these are called to take part in the votes.
"The Superior Council is chaired by the Minister for Public Service or his representative.
"The seats are distributed among trade union organizations proportionally to the number of votes obtained by each organization during the last elections to the technical committees. A decree in the Council of State sets out, for organizations that are not subject to the provisions of Article 15, the modalities for taking into account the voices of officials and non-registrant agents who fall under it."
Section 14 of the Act is amended as follows:
1° The second preambular paragraph reads as follows:
"The members representing the staff are elected by the list vote with proportional representation in the conditions defined in theArticle 9 bis of Act No. 83-634 of 13 July 1983 the rights and obligations of civil servants. » ;
2° The third to eighth preambular paragraphs are deleted.
Section 15 of the Act is thus read:
"Art. 15.-I. ― In all State administrations and in all State public institutions that do not have an industrial or commercial character, it is established one or more technical committees.
"In the event of a staff shortage, the representation of staff in a public institution may be provided in a departmental technical committee or in a single technical committee, common to several institutions.
“II. ― Technical Committees are familiar with matters relating to the organization and operation of services, questions relating to staffing, employment and skills, specific draft statutes, and matters provided by a decree in the Council of State. The impact of key budget decisions on job management is reported by the technical committees.
"The technical committees established in the departments of the Ministry of Defence, or the Ministry of Interior for the National Gendarmerie, employing civilian personnel are not consulted on matters related to the organization and operation of the services.
"III. ― Technical committees include representatives of the administration and staff representatives. Only staff representatives are called to vote.
"The representatives of the staff serving on the Technical Committees are elected by the list vote with proportional representation under the conditions defined in theArticle 9 bis of Act No. 83-634 of 13 July 1983 referred to above.
"By derogation from the provisions of the preceding paragraph:
« 1° Staff representatives serving on local technical committees may, in the event of a staff shortage, be designated after a staff consultation;
« 2° Staff representatives serving on technical committees other than departmental technical committees and community technical committees may, where appropriate, be designated, as the case may be, by reference to the number of votes obtained in the elections of these ministerial or community technical committees or after a staff consultation.
"IV. ― A decree in the Council of State specifies the conditions for the application of this article. »
Section 16 of the Act is thus drafted:
"Art. 16.-I. ― In all State administrations and in all public institutions of the State that do not have an industrial or commercial character, it is established one or more committees of hygiene, security and working conditions.
“II. – The task of the Health, Safety and Working Committee is to contribute to the protection of the physical and mental health and safety of agents in their work, to the improvement of working conditions and to ensure compliance with the legal requirements of these substances.
"III. – The hygiene, safety and working conditions committee includes representatives of the administration and representatives designated by trade union organizations. Only representatives designated by trade union organizations take part in the vote.
"IV. ― A decree in the Council of State sets out the modalities for the application of this article. »
I. ― In the first paragraph of Article 12, in the second sentence of Article 17 and in the last paragraph of Article 19, in the first and second sentences of the first paragraph and in the second paragraph of Article 21 and in the first paragraph of Article 43 bis of the same Law, the words: "parity technical committees" are replaced by the words: "technical committees".
II. ― In the last paragraph of section 80 of the Act, the words "parity technical committee" are replaced by the words "technical committee".
III. ― In the first paragraph of section 12 of the Act, the words: "Health and Safety Committees" are replaced by the words: "Health, Safety and Working Committees".
IV. ― At the end of the second sentence of the second paragraph of section 42 of Act No. 2009-972 of 3 August 2009 on mobility and career paths in the public service, the words: " Article 14 of Act No. 84-16 of 11 January 1984 referred to above are replaced by the words: " Article 9 bis of Act No. 83-634 of 13 July 1983 the rights and obligations of civil servants."
Section 8 of Act No. 84-53 of 26 January 1984 on statutory provisions relating to the territorial public service is amended as follows:
1° In the first sentence of the second preambular paragraph, the word " parity " is deleted;
2° The third paragraph reads as follows:
"The seats allocated to trade union organizations are distributed among them proportionally to the number of votes they obtained in the elections held for the appointment of staff representatives to the technical committees or institutions that take place under Article 120 VI. Trade union organizations designate their representatives. » ;
3° In the sixth paragraph, the words: "Prime Minister" are replaced by the words: "Minister for the Public Service";
4° At the end of the last paragraph, the words: ", as well as the necessary arrangements to proceed with the first election or appointment of Council members pending the establishment of the parity administrative commissions" are deleted.
After the fourth paragraph of Article 9 of the Act, a paragraph is inserted in the following text:
"The opinion of the Superior Council of the Territorial Public Service is rendered when, on the one hand, the opinion of the representatives of the trade union organizations of public servants and, on the other, the opinion of the territorial public employers on the issues before it. »
Section 29 of the Act is amended as follows:
1° The fourth preambular paragraph reads as follows:
"The members representing the staff are elected by the list vote with proportional representation in the conditions defined in theArticle 9 bis of Act No. 83-634 of 13 July 1983 the rights and obligations of civil servants. » ;
2° The fifth to tenth paragraphs are deleted.
Section 32 of the Act is amended as follows:
1° After the second paragraph, two sub-items are inserted:
"A public institution for inter-communal cooperation and the inter-communal centre of social action attached to it may, by concordant deliberations, establish a competent technical committee for all officers of the said institutions when the overall staff concerned is at least fifty officers.
"A public inter-communal cooperation institution referred to in the second paragraph, the adhering municipalities and the inter-communal social action centre attached to the public inter-communal cooperation institution may, by concordant deliberations, establish a competent technical committee for all officials of the said communities where the overall staff member concerned is at least fifty officers. » ;
2° The third paragraph is deleted;
3° In the fourth preambular paragraph, the words " referred to in the previous paragraph " are deleted;
4° The sixth to final paragraphs are replaced by four sub-items:
"Technical committees include representatives of the community or institution and staff representatives. The advice of the Technical Committee shall be rendered when the advice of staff representatives was collected, on the one hand, and, on the other, if any deliberation so provides, the advice of community representatives or the institution.
"The members representing the staff shall be elected by the ballot with proportional representation under the conditions set out in article 9 bis of Act No. 83-634 of 13 July 1983 referred to above.
"The technical committees are chaired by the territorial authority or its representative, who can only be a local elected officer.
"A decree in the Council of State sets out the modalities for the application of this article. »
The first to eighth paragraphs of section 33 of the Act are replaced by nine sub-items as follows:
"Technical committees are consulted for advice on matters related to:
« 1° Organization and operation of services;
« 2° Changes in administrations that have an impact on staff;
« 3° Major staffing, employment and skills guidance;
« 4° To the broad guidelines for compensation policy and related distribution criteria;
« 5° To the formation, integration and promotion of professional equality;
« 6° General subjects of interest in hygiene, safety and working conditions.
"Technical committees are also consulted on supplementary social protection aids, when the territorial community or public institution has decided to allocate it to its agents, as well as on social action.
"The impact of key budget decisions on job management is reported by the technical committees. »
The fifth paragraph of section 12 of the Act is as follows:
"The seats allocated to trade union organizations are distributed among them proportionally to the number of votes obtained in the elections held for the appointment of staff representatives to the technical committees or institutions held under Article 120 VI. »
After section 33 of the Act, a sub-section 3 is inserted as follows:
"Subsection 3
"Health, Safety and Working Committees
"Art. 33-1.-I. ― A hygiene, safety and working conditions committee shall be established under the same conditions as those provided for in the technical committees by the first to fourth paragraphs of section 32. In the territorial authorities and public institutions of less than fifty officers, the duties of the hygiene, security and working conditions committee are carried out by the technical committee of these communities and institutions.
"If the size of the workforce and the nature of the occupational hazards warrant, local or special occupational health, safety and working conditions are created by a decision of the governing body of the communities or institutions referred to in section 2. They can also be created if one of these two conditions is realized.
"In application of theArticle 67 of Act No. 2004-811 of 13 August 2004 the modernization of civil safety, a committee of hygiene, safety and working conditions is established in each departmental fire and rescue service by decision of the deliberative body, without the condition of staffing.
“II. – The task of the Health, Safety and Working Committee is to:
« 1° To contribute to the protection of physical and mental health and the safety of agents in their work and to the improvement of working conditions;
« 2° To ensure compliance with legal requirements in these substances.
"The committee is met by its chair as a result of any accidents involving hygiene or safety or that could lead to serious consequences.
"III. ― The committee includes representatives of the territorial community or public institution designated by the territorial authority to which it is placed, and representatives designated by the trade union organizations. The advice of the hygiene, safety and working conditions committee shall be rendered when, on the one hand, the advice of representatives of trade union organizations was collected and, on the other hand, if a deliberation so provides, the advice of representatives of the community or the establishment.
"IV. ― A decree in the Council of State sets out the modalities for the application of this article. »
The same law is amended:
1° In chapter II, section 4, the words: "Paritary Technical Committees" are replaced by the words: "Technical Committees and Hygiene, Safety and Working Committees";
2° In the title of sub-section 2 of chapter II, section 4, the word "parity" is deleted;
3° In the last paragraph of Article 7-1, in the first and last sentences of the first paragraph and in the second and fifth paragraphs of Article 32, in the first sentence of the ninth paragraph and in the second sentence of the tenth paragraph of Article 33, in Article 35 bis, in the second sentence of the second paragraph of Article 49, in Article 62 and, by three times, in the first paragraph of Article 97, the words "technical committee" are replaced
4° In the last sentence of I and 10° of II of Article 23, in the fourth paragraph of Article 32 and in the third paragraph of Article 120, the words "parity technical committees" are replaced by the words "technical committees";
5° In Article 11, the words "in the fifth and sixth paragraphs" are replaced by the words "in the last paragraph".
I. ― At the end of the first sentence of Article 108-1 of the Act, the words: "The title III of Book II of the Labour Code and the decrees taken for its application" are replaced by the words: "the Books I to V of the fourth part of the Labour Code and by the decrees taken for their application, as well as by the article L. 717-9 of the rural code and the marine fisheries".
II. ― After section 108-3 of the Act, an article 108-4 is inserted as follows:
"Art. 108-4. - Agents who have been exposed as part of their duties to a carcinogenic, mutagenic or toxic agent for reproduction or on one of the tables mentioned in theArticle L. 461-2 of the Social Security Code are entitled to post-professional medical supervision after they have permanently ceased their duties in a community or institution referred to in section 2 of this Act. This is supported by the last community or institution in which they were exposed.
"The conditions for the application of this article and in particular the post-professional medical monitoring procedures for each type of exposure to a carcinogenic, mutagenic or toxic agent for reproduction are defined by decree in the State Council. »
III. ― Agents who have definitively ceased their duties before the entry into force of the provisions provided for in section 108-4 of Act No. 84-53 of 26 January 1984 referred to above shall be provided with post-professional medical supervision.
Section 11 of Act No. 86-33 of 9 January 1986 on statutory provisions relating to the public hospital service is amended as follows:
1° 2° and 3° are thus written:
« 2° Representatives of territorial public employers and representatives of hospital public employers designated by the most representative organizations of the establishments referred to in Article 2;
« 3° Representatives of trade union organizations representing officials of the institutions referred to in Article 2. The seats allocated to trade union organizations are distributed among them proportionally to the number of votes they obtained in the elections held for the appointment of staff representatives to the technical establishment committees and national advisory committees. Trade union organizations designate their representatives. » ;
2° The last paragraph is as follows:
"The opinion of the Higher Council of the Hospital Public Service shall be rendered when, on the one hand, the opinion of the representatives mentioned in 2° and, on the other, the opinion of the representatives mentioned in 3° of this article. »
Section 20 of the Act is amended as follows:
1° The second preambular paragraph reads as follows:
"The representatives of the administration shall be appointed by the competent administrative authority of the State for the national parity administrative commissions, by the authority vested with the appointing authority of the establishment which shall manage it for the departmental parity administrative commissions and by the deliberative assembly of the establishment for the local parity administrative commissions. » ;
2° The fourth preambular paragraph reads as follows:
"The members representing the staff are elected by the list vote with proportional representation in the conditions defined in theArticle 9 bis of Act No. 83-634 of 13 July 1983 the rights and obligations of civil servants. » ;
3° The fifth to tenth paragraphs are deleted.
The same law is amended:
1° The title of Chapter II, section 3 is as follows: "National Advisory Committees";
2° Article 25 is as follows:
“Art. 25. - A national advisory committee shall be established with the competent ministers for each class body recruited and managed at the national level pursuant to the penultimate paragraph of Article 4.
"This committee, chaired by a representative of the competent ministers, includes representatives of other interested ministers and representatives of the personnel referred to in the preceding paragraph. Only staff representatives are called to vote.
"He is consulted on the problems specific to these bodies.
"The representatives of the staff are elected by the list vote with proportional representation in the conditions defined in theArticle 9 bis of Act No. 83-634 of 13 July 1983 the rights and obligations of civil servants.
"A decree in the Council of State sets out the competence, composition, organization and operation of these committees. » ;
3° Section 26 is repealed.
In the first sentence of the first paragraph of section 104 of the Act, the references: "of the second and fifth paragraphs of section 20 and of the first and second paragraphs of section 23" and the words: "Paritary Technical Committees" are replaced respectively by the references: "of the second and sixth paragraphs of section 20" and by the words: "Technical Establishment Committees".
I. ― Article L. 6144-4 of the Public Health Code reads as follows:
"Art. L. 6144-4. - The Technical Establishment Committee is chaired by the Director. This may be supplemented by a member of the management staff of the institution.
"The committee shall be composed of representatives of the staff of the establishment, with the exception of the personnel referred to in the penultimate paragraph of section 2 and to sixth paragraph of Article 4 of Law No. 86-33 of 9 January 1986 with statutory provisions relating to the hospital public service. These representatives are elected by colleges according to the categories referred to in Article 4 of the same Act, by a list vote with proportional representation under the conditions defined in theArticle 9 bis of Act No. 83-634 of 13 July 1983 the rights and obligations of civil servants. By derogation, in the event of insufficient staffing, these representatives may be designated after consultation with the staff under the conditions provided by decree in the Council of State. »
II. ― In the second paragraph of section L. 6143-2-1 of the same code, the words "representatives within the establishment within the meaning of section L. 6144-4" are replaced by the words "representated in the technical establishment committee".
III. ― 1° of Article 40 of the Social Security Financing Act, 2001 (No. 2000-1257 of December 23, 2000), the words "representatives within the institution within the meaning of theArticle L. 6144-4 of the Public Health Code are replaced by the words: "represented in the technical establishment committee."
The first to third paragraphs of Article L. 315-13 of the Code of Social Action and Families are replaced by two subparagraphs as follows:
"In each social or medico-social public institution is established a technical establishment committee chaired by the director. This may be suppleed by a member of the management staff.
"The committee shall be composed of representatives of the staff of the establishment, with the exception of the personnel referred to in the penultimate paragraph of section 2 and to sixth paragraph of Article 4 of Law No. 86-33 of 9 January 1986 with statutory provisions relating to the hospital public service. These representatives are elected by colleges according to the categories referred to in Article 4 of the same Act, by a list vote with proportional representation under the conditions defined in theArticle 9 bis of Act No. 83-634 of 13 July 1983 the rights and obligations of civil servants. By derogation, in the event of insufficient staffing, these representatives may be designated after consultation with the staff under the conditions provided by decree in the Council of State. »
I. ― Article L. 1432-11 of the Public Health Code reads as follows:
"Art.L. 1432-11.-I. ― It is established in each regional health agency a committee of agency and a committee of hygiene, safety and working conditions, competent for all staff of the agency.
“1. The agency committee exercises the skills provided for in the II of Article 15 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State and those provided for in chapter III of title II of Book III of Part II of the Labour Code, subject to the modifications provided by decree in the Council of State pursuant to Article L. 2321-1 of the same Code. It has civil personality and manages its heritage.
"This committee includes the director general of the agency or its representative, who chairs it, and staff representatives. Only staff representatives are called to vote when they are consulted.
"The representatives of the staff serving on the agency committee are elected by the list vote with proportional representation. The election takes place by colleges in conditions fixed by decree in the Council of State.
"Applications are submitted by trade union organizations that meet the following conditions:
« 1° For the College of Private Law Officers governed by collective agreements applicable to staff of social security organizations, those provided by theArticle L. 2324-4 of the Labour Code ;
« 2° For the College of Civil Servants, Public Law Officers and Contractual Public Law Officers, those provided by the CollegeArticle 9 bis of Act No. 83-634 of 13 July 1983 the rights and obligations of civil servants.
“2. The hygiene, safety and working conditions committee is established under the conditions provided by theArticle 16 of Act No. 84-16 of 11 January 1984 referred to above. It exercises the competence of the committee established by the same article and those provided for in chapter II of title I of Book VI of Part IV of the Labour Code, subject to the modifications set by decree in the Council of State. Its composition and functioning are fixed by decree in the Council of State pursuant to article L. 4111-2 of the same code.
“II. ― Chapter III of Book I title IV of Part II of the Labour Code is applicable to all staff of the Regional Health Agency. The union delegates are designated by the representative trade union organizations in the agency, which constitute a union section, among the candidates who collected at least 10% of the votes cast in the last elections of the agency committee.
"The validity of collective labour agreements, as provided for in Book II of the second part of the same code, is subject to their signature by one or more representative trade union organizations having won at least 30% of the votes cast in the last elections of the agency committee and the absence of opposition from one or more representative trade union organizations having won at least the majority of the votes cast in the same elections. The opposition shall be expressed within eight days from the date of notification of the agreement under the conditions set out in Article L. 2231-8 of the same code.
"For the application of the two preceding paragraphs and for the assessment of the representativeness provided for in theArticle L. 2122-1 of the Labour Code, the modalities of taking into account the electoral results are set, by decree in the Council of State, in order to guarantee the representation of the officers of each of the two staff colleges mentioned in the 1st and 2nd of 1st of the I of this article.
"Every union that constitutes, in accordance withArticle L. 2142-1 of the Labour Code, a union section within the agency may, if it is not representative in the agency, designate a representative of the section to represent it within the agency.
"III. – A national consultation committee of regional health agencies is established with ministers responsible for health, health insurance, the elderly and persons with disabilities.
"It is composed of representatives of the staff of the regional health agencies, representatives of the administration of the ministries responsible for health, health insurance, the elderly and persons with disabilities, representatives of health insurance plans and general directors of regional health agencies or their representatives. It is chaired by ministers responsible for health, health insurance, the elderly and persons with disabilities, or their representative.
"The representatives of the staff in the national committee of consultation are appointed by the trade union organizations represented in the agency committees of the regional health agencies, according to the terms set by decree in the Council of State taking into account the results in the elections of the staff representatives to these committees.
"The national consultation committee has issues common to regional health agencies and their organization, activities, and working conditions, hygiene, safety and employment of their staff.
"IV. - The members of the bodies referred to in I and III, staff delegates, trade union delegates and representatives of the trade union sections shall be guaranteed by their respective statutes and, with regard to employees under the collective agreements, the protection provided for in Book IV of Part II of the Labour Code. »
II. ― This section applies to agency committees already constituted or in the process of being established on the date of publication of this Act. However, the rules for appointing staff representatives provided by theArticle L. 1432-11 of the Public Health Code, in its writing before this article, fromArticle 118 of Act No. 2009-879 of 21 July 2009 reforming the hospital and relating to patients, health and territories shall apply, until the expiry of the terms of reference of their members, to the committees already constituted at the entry into force of this section and to those for which the deadline for the filing of the lists for the elections of staff representatives is exceeded by that date.
I. ― The IV of section 8 bis of Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants comes into force on a date fixed by decree and no later than 31 December 2013.
II. ― Prior to the entry into force of Article 8 bis, the validity of an agreement is subject to the following conditions:
1° It is signed by one or more trade union organizations that have collected at least 50% of the number of votes;
2° It is signed by one or more trade union organizations that have collected at least 20% of the number of votes and do not meet the opposition of one or more trade union organizations involved in the negotiations representing a majority of the votes.
For the purposes of this II, the votes obtained by the trade union organizations of civil servants shall be taken into account in the last professional elections at the level where the agreement is negotiated.
The seats allocated to the representative trade union organizations of civil servants for the composition of the Joint Council of the Public Service established by section 9 ter of Act No. 83-634 of 13 July 1983 above shall be allocated, until the end of a transitional period ending the first renewal of the proceeding that follows on 31 December 2013, in accordance with the following rules:
1° The seats shall be proportionate to the number of votes taken into account for the designation of staff representatives to the Superior Council of the Public Service of the State and to the Higher Council of the Hospital Public Service under the conditions set out in Articles 30 and 32 of this Act, respectively, and to those obtained in the elections held for the designation of staff representatives to the technical committees of the local civil service already constituted at the date of publication of the law VI of Article 120 of Law No. 84-53 of 26 January 1984 bringing statutory provisions relating to the territorial public service;
2° Each union organization represented in at least one of these three senior councils has at least one seat in the Joint Council of the Public Service.
Until the end of a transitional period ending the first renewal of the proceeding following 31 December 2013, the seats allocated to the representative trade union organizations of civil servants for the composition of the Supreme Council of the Public Service of the State are allocated in accordance with the following rules:
1° The seats are distributed among the trade union organizations proportionally to the number of votes they obtained in the elections or consultations of the staff organized for the designation of staff representatives to the technical committees and advisory bodies to ensure the representation of State personnel under special legislative provisions;
2° Any trade union organization justifying in the public service of the State a real influence, characterized by its activity, experience and professional and geographical location, has at least one seat.
The list of technical committees and bodies taken into account for the application of the 1° is set by decree in the Council of State.
The seats allocated to the representative trade union organizations of officials for the composition of the Superior Council of the Territorial Civil Service shall be allocated, in the case of an early renewal of the terms of reference of the representatives of those organizations acting before 31 December 2013, in accordance with the following rules:
1° The seats are distributed among the organizations in proportion to the number of votes they obtained in the elections held for the appointment of staff representatives to the technical committees and the bodies held in accordance with the VI of Article 120 of Act No. 84-53 of 26 January 1984 referred to above ;
2° Any trade union organization justifying a real influence within the territorial public service, characterized by its activity, experience and professional and geographic location, has at least one seat.
Until the end of a transitional period ending the first renewal of the proceeding following 31 December 2013, the seats allocated to the representative union organizations of public servants for the composition of the Higher Council of the Hospital Public Service are allocated in accordance with the following rules:
1° The seats are distributed among the organizations proportionally to the number of votes they obtained in the elections held for the appointment of staff representatives to the technical committees of establishment, aggregated at the national level, and national advisory committees;
2° Any trade union organization justified within the hospital public service of a real influence, characterized by its activity, experience and professional and geographic location, has at least one seat;
3° One of the seats is allocated to the most representative union organization of the management staff of the establishments mentioned to 1° and 7° of Article 2 of Act No. 86-33 of 9 January 1986 with statutory provisions relating to the hospital public service.
I. ― The rules relating to the composition and functioning of the advisory bodies provided for in Articles 5, 7 and 21 shall enter into force from the first renewal of these bodies following the publication of the regulatory provisions for their application, subject to the provisions provided for in Articles 29, 30 and 32.
II. ― The rules relating to the composition and operation of the Superior Council of the Territorial Public Service set out in sections 12 and 13 shall come into force on the basis of the first renewal of the terms of reference of the representatives of the trade union organizations of officials of the proceeding following the publication of the regulatory provisions for their application, subject to the provisions set out in section 31.
III. - The rules relating to the composition and functioning of the advisory bodies provided for in articles 14, 15, 17, 18, 22, 23, 25 and 26 come into force from the first renewal of these bodies following the publication of the regulatory provisions for their application. However, the rules established under theArticle 25 of Act No. 86-33 of 9 January 1986 referred to above, in its earlier drafting of this Act, for the designation of staff representatives to national advisory committees continue to apply, until the expiry of the term of office of its members, to the national advisory committee established in 2010 for the body of care directors.
IV. ― The rules for the composition of the parity administrative commissionsArticle 14 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State, in its drafting prior to the publication of this Act, continue to apply, until the expiry of the term of office of their members, to the commissions whose terms of office were renewed in 2010 and to those for which the deadline for the filing of the lists for the first round of elections is scheduled before 31 December 2010.
V. ― The rules relating to the composition and functioning of the technical committees and committees of hygiene, security and working conditions of the public service of the State provided for in articles 9 and 10 may be made applicable in terms defined by decree in the Council of State to the technical committees of parity and to the committees of hygiene and security whose term of office of the members was renewed in 2010 as well as to those for which the deadline for the first balloting of the candidates is set out. However, the rules for appointing staff representatives provided by theArticle 15 of Act No. 84-16 of 11 January 1984 referred to above, in its writing before the publication of this Act, continue to apply to these proceedings until the expiry of the term of their members.
VI. ― Section 4 comes into force on a date set by decree and no later than March 31, 2011.
VII. ― Section 16 applies as of the publication of the regulatory provisions made for its application to the already constituted or in the course of incorporation technical committees on that same date.
In order to allow the convergence of the elections of the advisory bodies, the duration of the term of office of the members of the Joint Council of the Public Service, the Superior Council of the Public Service of the State, the Superior Council of the Territorial Civil Service and the Superior Council of the Hospital Public Service, the Administrative Committees of the State and the competent committees in the field of hygiene and security under the three public functions, the Technical Committees of the State
I. ― In Article L. 781-5, twice, in the first sentence of the last paragraph of Article L. 916-1 and in the first sentence of Article L. 951-1-1 of the Code of Education, third paragraph of Article L. 5211-4-1 of the General Code of Territorial Communities, twice, first sentence of Article 2-1 of Act No. 84-594 of 12 July 1984 Training of Territorial Civil Service Officers and Complementing Act No. 84-53 of 26 January 1984 with statutory provisions relating to the territorial civil service, first sentence of the second paragraph of Article 1 of Act No. 89-1007 of 31 December 1989 relative to the body of air navigation control engineers, to the first sentence of the second paragraph of Article 1 of Act No. 90-557 of 2 July 1990 relative to the body of electronic engineers of air safety systems, first sentence of Article 20 of Law No. 92-675 of 17 July 1992 bringing various provisions relating to learning, vocational training and amending the Labour code, and in the second and fourth paragraphs of section 6 of Act No. 2004-626 of 30 June 2004 on solidarity for the autonomy of older persons and persons with disabilities, the words "parity technical committee" are replaced by the words "technical committee".
II. ― first sentence of the first paragraph of Article L. 232-1 of the Administrative Justice Codein the first paragraph of Article L. 313-6 of the Rural and Maritime Fisheries Code, Article L. 5134-8 of the Labour Code and the second sentence of the penultimate paragraph of Article 15 of Act No. 84-594 of 12 July 1984 referred to above, the words "parity technical committees" are replaced by the words "technical committees".
III. ― At 7° of Article L. 712-2 of the Code of Education, in the first paragraph of Article L. 313-6 of the Rural and Maritime Fisheries Code and in the first sentence of the last paragraph of Article 3 of Act No. 2000-628 of 7 July 2000 relating to the extension of the mandate and to the date of renewal of the boards of administration of fire and rescue services as well as to the reclassification and termination
I. ― Section 31-2 of Act No. 90-568 of 2 July 1990 on the organization of the public service of the post and France Télécom is amended as follows:
1° After the first sentence of the third paragraph, it is inserted a sentence as follows: "The trade union organisations with at least one seat in the technical committees in which the participation of the agents of La Poste is exercised and which are determined according to the purpose and level of the negotiations. » ;
2° The last sentence of the third paragraph is deleted;
3° After the third paragraph, five sub-items are inserted:
"The validity of the collective agreements concluded at La Poste is conditional upon their signature by one or more trade union organizations having collected at least 30% of the votes cast and the absence of opposition from one or more trade union organizations involved in the negotiation representing a total majority of the votes cast.
"For the purposes of the preceding paragraph, the votes obtained by trade union organizations in the last elections to the technical committees are taken into account at the level where the agreement is negotiated.
"If the negotiation covers a broader field than that of a single technical committee, the results of the elections are aggregated to allow the respective appreciation of the hearing of each trade union organization.
"If the negotiations cover a narrower field than that of a technical committee, reference is made to the results of the elections of this technical committee, if any, disbursed at the relevant level, to assess the respective hearing of each trade union organization.
"The opposition is expressed within eight days of the date of notification of the agreement. It is written and motivated. It is notified to the signatories. » ;
4° The last paragraph is replaced by two subparagraphs:
"Parliament and negotiation bodies are established at the national and territorial level, following the advice of representative trade union organizations. They follow the implementation of the signed agreements.
"A national conciliation commission is responsible for promoting the friendly settlement of disputes. »
II. ― Until the renewal of the technical committees of La Poste, the results of the elections taken into account under I are those of the last professional elections.
I. ― The age limit for public servants governed by the specific statutes of the bodies and employment frameworks of nurses and paramedical personnel belonging to category A, as well as the body of health care executives, created from the date of publication of this Act, is sixty-five years. The jobs of these bodies and employment frameworks are not classified in the active category provided for in 1° of I of Article L. 24 of the Civil and Military Pension Code.
II. employees who, on the date of creation of the bodies and employment frameworks referred to in this article, are entitled to the bodies and employment frameworks of nurses and paramedical personnel whose employment is classified in the active category provided for in 1° of Article L. 24 of the Code of Civil and Military Pensions, as well as officials who report on the same date of the body of health executives and other bodies or
III. ― Public servants integrated in one of the bodies or employment frameworks referred to in I following the exercise of their right of option provided for in II permanently lose the opportunity to avail themselves of service periods, regardless of their duration, which they have performed in one or more jobs classified as active, for the benefit of the provisions provided by:
1° 1° 1° of Article L. 24 of the Code of Civil and Military Pensions relating to the age of early liquidation of the pension;
2° TheArticle 78 of Act No. 2003-775 of 21 August 2003 reforming pensions, relating to the increase in insurance;
3° TheArticle 1-2 of Act No. 84-834 of 13 September 1984 the age limit in the public service and the public sector.
After the first sentence of the first paragraph of section 20 of Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, a sentence is inserted as follows: "Indemnities may take into account the professional functions and results of the officers and the collective performance of the services. »
I. ― After the second paragraph of Article 58 of Act No. 84-16 of 11 January 1984 referred to above, two paragraphs are inserted:
"For category A officials, it may also be subject to the prior occupation of certain jobs or to the prior exercise of certain functions corresponding to a particularly high level of responsibility.
“Special status of class bodies A referenced in Article 10 may, after the advice of the Conseil supérieur de la service publique de l'État and in view of the nature of their missions, subordinate the advance of rank to the prior exercise of other functions involving, inter alia, difficult conditions of exercise or having special missions. »
II. ― Section 79 of Act No. 84-53 of 26 January 1984, referred to above, is supplemented by a paragraph thus written:
"For civil servants under category A employment frameworks, it may also be subordinate to the prior occupation of certain jobs or to the prior exercise of certain functions corresponding to a particularly high level of responsibility and defined by a decree in the Council of State. Specific statutes may, in this case, derogate from the second paragraph of Article 49. »
III. ― After the fifth paragraph of section 69 of Act No. 86-33 of 9 January 1986 referred to above, a paragraph reads as follows:
"For category A officials, the grade advancement may also be conditional on the prior occupation of certain jobs or the prior exercise of certain functions corresponding to a particularly high level of responsibility. »
The first paragraph of Article 88 of Act No. 84-53 of 26 January 1984 referred to above is amended as follows:
1° The first sentence is replaced by two sub-items:
"The deliberative assembly of each territorial authority or the board of directors of a local public institution shall set out the compensation regimes within the limits of those enjoyed by the various departments of the State and may decide, after the advice of the technical committee, to institute a premium of interest taking into account the collective performance of the services according to the terms and within the limits defined by decree in the Council of State.
"When the services of the State serving as a reference benefit from a bonus of functions and results, the compensation regime that the deliberative body can fix includes a share related to the function and a share related to the results. The legislative body determines the limits applicable to each of these units, without the sum of them exceeding the overall ceiling of the premium of functions and results of State officials, and sets the criteria taken into account for the determination of the level of functions and for the appraisal of the results. This regime is set up in the local authority or public establishment at the time of the first amendment of its compensation regime following the entry into force of the bonus of functions and results in the state services. The previous regime is maintained until this change. » ;
2° The second sentence becomes the third paragraph.
After Article 78 of Act No. 86-33 of 9 January 1986 referred to above, an article 78-1 is inserted as follows:
"Art. 78-1. - An interest premium that takes into account the collective performance of the services may be awarded to the incumbents and not holders of the establishments referred to in section 2, under conditions provided by decree. »
Article 76-1 of Act No. 84-53 of 26 January 1984 referred to above is amended as follows:
1° In the first paragraph, the years: “2008, 2009 and 2010” are replaced by the years: “2010, 2011 and 2012”;
2° At the end of the second sentence of the fourth paragraph, the year: "2011" is replaced by the year: "2013".
Under the conditions provided for in Article 38 of the Constitution, the Government is authorized to make an order to adopt the legislative part of the general public service code.
The codified provisions are those in force at the time of the issuance of the order, subject to the modifications made necessary to ensure respect for the hierarchy of norms and the editorial coherence of the texts, harmonization of the rule of law and adaptation to the law of the European Union and to the ratified international agreements, or amendments made to:
1° Address any errors;
2° To repeal obsolete, inappropriate or non-objective provisions;
3° To adapt the references made to the decree, decree or decree in the Council of State to the nature of the necessary measures of application;
4° To extend, in accordance with the rules of division of competence provided for by the organic law, the application of the codified provisions, as the case may be, in Saint-Pierre-et-Miquelon, Mayotte, New Caledonia, French Polynesia, French Southern and Antarctic Lands and the Wallis and Futuna Islands, with the necessary modifications, and to make such arrangements, if necessary, to adapt
The order must be made within eighteen months of the promulgation of this Act. A bill of ratification is tabled before Parliament within three months of the issuance of the order.
Act No. 86-33 of 9 January 1986 is amended as follows:
1° In the second paragraph of Article 3 and the third paragraph of Article 9-2, the references: "to 1° and 3°" are replaced by the references: "to 1°, 3° and 5°" and to the third paragraph of Article 3 and to the fourth paragraph of Article 9-2, the references: "to 4°, 5° and 6°" are replaced by the references: "to 4° and 6°"
2° Section 65-1 is amended as follows:
(a) In the first paragraph, the years: “2009 2010 and 2011” are replaced by the years: “2011 2012 and 2013”;
(b) At the end of the second sentence of the second paragraph, the year: "2012" is replaced by the year: "2014";
3° Article 65-2 reads as follows:
"Art. 65-2.-By derogation from the provisions of section 65, the assessment of management personnel and care directors of the institutions referred to in section 2 and the determination of the variable share of their remuneration shall be as follows:
"by the Director General of the Regional Health Agency for the directors of establishments mentioned in 1°, 2°, 3° and 5° of Article 2, after the opinion of the President of the Deliberative Assembly;
"by the representative of the State in the department for the directors of the establishments mentioned in the 4th and 6th of Article 2, after the opinion of the president of the deliberative assembly;
"– by the Executive Director for Assistant Directors and Directors of Care. »
I. ―Article 37 bis of Act No. 84-16 of 11 January 1984 referred to above,Article 60 bis of Act No. 84-53 of 26 January 1984 referred to above and section 46-1 of Act No. 86-33 of 9 January 1986 referred to above are amended as follows:
1° In the second sentence of the third paragraph, the words: "one year" are replaced by the words: "two years";
2° The fourth paragraph is deleted.
II. ― At the beginning of 2° of Article L. 6152-4 of the Public Health Code, the references: "The third and fourth paragraphs" are replaced by the reference: "The third paragraph".
I. ― Effective from the coming into force of this Act, officials of the Paris Police Prefecture mentioned in theArticle 118 of Act No. 84-53 of 26 January 1984 referred to above who perform their duties in the interdepartmental technical service of inspection of classified facilities shall be entitled, individually, to the State. They are placed, for the exercise of their functions, under the authority of the head of the deconcentrated state service in the Ile-de-France region competent for classified facilities.
This provision is accompanied by the reimbursement by the State to the special budget of the police prefecture of remuneration, social expenses, professional fees and in-kind benefits of the officials concerned. The terms and conditions of availability are defined by a convention.
Public servants referred to in the first paragraph may, within one year from the date of entry into force of this Act and under the conditions set out in II and III of Article 123 of Act No. 84-53 of 26 January 1984 referred to above and by the decree provided for in the III of this article, opt for the status of a state official. At the end of this period, officials who have not made use of their right of option are deemed to have opted for the maintenance of their previous status and remain available to the State in full law.
II. ― Public servants mentionedArticle 118 of Act No. 84-53 of 26 January 1984 referred to above which are, on the date of the coming into force of this Act, in one of the situations provided for in section 4, 57 and articles 60 sexies, 64, 70, 72 and 75 of Act No. 84-53 of 26 January 1984 referred to above and who were, before being placed in any of these situations, assigned to the interdepartmental technical service of inspection of classified facilities of the police prefecture and which were not made available to the State are, at the time of their reintegration, made available to the State in full law, provided that such reintegration takes place within one year of the date of entry into force of the present law.
The second and final paragraphs of this section apply to public servants referred to in the preceding paragraph as of their full disposition. However, the period provided for in the last paragraph of the I court for the same staff members, starting with their reintegration.
III. ― A decree in the Council of State sets out the modalities for the application of this article.
This law will be enforced as a law of the State.
Done in Paris, July 5, 2010.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of Labour, Solidarity
and the Public Service,
Eric Woerth
Minister of Health and Sports,
Roselyne Bachelot-Narquin
Minister of Budget, Public Accounts
and state reform,
François Baroin
Secretary of State
Public Service,
Georges Tron
