Key Benefits:
The status of the administrative staff of the Chambers of Agriculture can be consulted with the Ministry of Food, Agriculture and Fisheries, General Directorate of Agricultural, Agri-Food and Territorial Policies, 19 Avenue du Maine, Paris 15e, and the Permanent Assembly of the Chambers of Agriculture, 9, avenue George-V, Paris 8e.
During the meeting of 17 June 2010, the National Joint Commission of the Administrative Personnel of the Chambers of Agriculture, established by Act No. 52-1311 of 10 September 1952 decided to make amendments to Articles 1 (field of application), 5 (freedom of trade union), 6 (union fees), 7 (posting board), 8 (divisional joint commission or establishment), 9 (regional boards parity
This status applies to all agents holding permanent employment in the services of departmental and regional chambers of agriculture, the Permanent Assembly and inter-institutional organizations of the network, subject to the provisions of Article L. 514-4 of the Rural Code.
Article 5
Freedom of association
The employer recognizes the freedom of opinion and the right of staff to freely join a professional union constituted in accordance with sections L. 2131-1 to L. 2135-2 of the Labour Code.
The employer undertakes not to take into account the membership of a trade union or a denominational or political organization in order to determine its decisions with respect to recruitment, division of labour, classification, advancement, remuneration, discipline and dismissal.
The right to strike is exercised according to the legislation in force.
A union section may be established in any establishment without a condition of staffing, regardless of its activity and legal form. May constitute a union section of any professional union constituted in accordance with articles L. 2131-1 to L. 2135-2 of the Labour Code.
The union section ensures the representation of the material and moral interests of its members, in accordance with the purpose of the trade unions.
Article 6
Trade union delegates
I. ― Departmental or institutional union representatives.
Each trade union organization that has been regularly formed for at least two years within the group of chambers of agriculture, meeting the criteria of respect for republican values and legally required independence and having created a trade union section within the employer organization, designates a holder union delegate and an alternate union delegate from the public or private law staff of the organization. This designation is notified by the union to the president of the organization concerned.
These delegates are representatives of their trade union organization to the employer organization and enjoy the guarantees and prerogatives provided for in the legislation in force.
They are responsible for negotiating and concluding local adaptation agreements, in accordance with the provisions negotiated at the national or regional level. In the absence of trade union delegates, these agreements are negotiated with elected staff representatives.
Departmental or institutional union delegates participate in the meetings of the departmental or establishment joint committee.
Trade union delegates may, at their request or at the initiative of the employer, be received by the employer to request information on matters relating to the operation and organization of the agricultural chamber.
Departmental or institutional union delegates benefit from the time required to perform their duties, within 10 hours per month. This hour credit is increased to 3 p.m. per month if the number of employees in the Agriculture Chamber exceeds 100. This hour credit may be increased in the event of a substantial restructuring or reorganization.
This time, shared between the licensee and the alternate, is distinct from the time devoted to meetings with the employer or its representative. He is considered to be working time.
The use of this hour credit will result in a reduction in the workload of delegates.
II. – Regional union delegates.
Trade unions having designated one or more union delegates within the employer organizations of the election district of the Regional Chamber of Agriculture, shall designate a holder union delegate and a regional alternate union delegate, selected from the incumbent or alternate union delegates designated in the employers' organizations of the region.
Regional union delegates are representatives of their trade union organization at the regional level. They are responsible for negotiating and concluding, for all employers in the electoral district of the Regional Chamber of Agriculture, the regional agreements for the application or adaptation of national agreements entered into in CNCP and validated by the CNP. These agreements apply, subject to possible adaptation measures that they may refer to local negotiation, to all public and private law staff of the region's employers' organizations, upon their validation by the regional joint commission.
Regional trade union delegates participate in the meetings of the regional joint commission in a consultative setting.
Regional union delegates benefit from an additional hour credit for the exercise of their functions within 7 hours per month. This hour credit may be increased in the event of a substantial restructuring or reorganization. All regional union delegates, namely 17 or 22 hours, may be used indistinctly for the performance of their functions as local or regional union delegates.
The use of this hour credit will result in a reduction in the workload of delegates.
This shared time between the licensee and the alternate, is distinct from the time devoted to meetings with the employer or its representative. He is considered to be working time.
III. – Representatives to the CNCP.
Each union organization selects the two members composing its delegation within the CNCP. Each member of the delegation will have an hour credit equivalent to twice the duration of the meeting expressed in half-days. This delegation time is financially supported by FNPCA under conditions defined by decree. This time is considered to be working time.
Article 7
Display panel
I. ― Display panel.
A sign reserved for trade union communications is displayed in a staff pass.
Communications must be purely trade union, professional or social information.
A copy of the communications is forwarded to the employer simultaneously on display.
II. ― Distribution of trade union documents.
Publications and leaflets of a trade union nature can be freely distributed to staff, at hours of entry and exit of work.
A local agreement may authorize the provision of trade union publications and leaflets, either via the e-mail of the employer organization or on a trade union site established on the agency's intranet. This dissemination must be consistent with the requirements for the proper functioning of the employer's computer network and not hinder the completion of the work.
III. – Collection of union dues.
The collection of union dues may be carried out in the premises of the employer agency, outside the working hours.
IV. – Trade union meetings.
Members of each trade union section may meet once a month in the employer organization's premises, outside the office and working time, in terms defined by local agreement.
Article 8
Departmental Joint Commissions or Institution
It is obligatoryly created, for all staff, a joint commission in each departmental and regional chamber of agriculture and in each inter-institutional organization of the network (OIER).
I. ― Composition.
This joint commission is composed, on the one hand, of at least three incumbent members and three alternate members representing the employer organization, including the director general of that organization, on the other hand, of at least three incumbent members and three alternate members of public and private law staff, representing each of the categories of employment related to the same occupation or similar occupation.
Three job categories are planned:
― category-profile A ― Assistance:
logistics and maintenance;
secretariat, assistance and accounting;
documentary aid.
― C-tier category: Council:
technical support and analysis;
advice, training and animation;
operating computer;
Documentalist.
Category E: Studies and supervision:
studies, research and development;
management;
Head of computer project;
Communications Officer.
The categories with more than twenty officers will be assigned an additional representative (Titular and Alternate) by a total of twenty. The number of staff representatives may not exceed five, for the benefit of the category(s) with the largest number of electors. The employer delegation will be increased to the same number.
II. Election.
Members of the Joint Commission are elected after each election of the Chambers of Agriculture. The elections take place in the month following the installation session of the room.
The representatives "employer", other than the Director General, are elected for six years by the office. They are chosen from the elected members of the various colleges.
Staff representatives are elected for three years by category.
If there is only one siege to be filled, the vote is a two-way majority. The result is obtained by the absolute majority of the votes cast in the first round and by the relative majority in the second round.
If there is more than one seat to be filled, the ballot is list, with proportional representation to the highest average.
Regardless of the method of voting, nominations are presented, in the first round, by trade union organizations that have formed a union section and designated a union delegate within the employer organization. A second ballot shall be conducted in the absence of a total or partial union nomination or if the number of voters is less than half of the registered voters. In any case, in the second round, electors may vote for applications other than those submitted by trade union organizations.
The terms and conditions for the organization of elections and the conduct of electoral operations are agreed between the president of the employer organization and the trade union organizations concerned. Eligible electors, except the Director General, shall be all public and private law officers who hold or have completed their trial period.
Alternates only sit in replacement of the holders. In this case, they have the same powers as the incumbents.
At the end of the poll, a copy of the report is issued within fifteen days:
- to the Prefect;
- to the Minister of Agriculture and Fisheries;
– to the president of the ACA.
Staff representatives are eligible for re-election. Their functions end with the loss of eligibility conditions, including the change of category.
Partial elections must be held, at the initiative of the employer, as long as one of the categories is no longer represented.
III. Role.
The Joint Commission is responsible for ensuring the application of statutory and treaty provisions that govern the conditions of employment of public and private law staff of the employer organization. The elected representatives of the staff at the Joint Committee shall act as staff delegates.
They are responsible for presenting to the employer or its representative all individual or collective claims relating to wages, employment and the application of staff provisions and, where the workforce of the employer organization is less than fifty, regulations concerning hygiene, safety and working conditions.
In addition to the powers expressly provided for in these provisions, the Commission shall, inter alia:
1. To prepare the rules of procedure of public and private law staff of the employer body, without being able to derogate from the statutory and treaty provisions that govern it.
2. To know disputes and difficulties arising from the application of these provisions. The Panel is empowered to consider any individual or collective claims, to identify conciliation solutions that will be proposed to the parties involved.
3. To validate the agreements between the president of the employer organization and the union delegates or, failing that, the elected representatives of the staff, pursuant to the provisions negotiated at the national or regional level.
4. To be consulted, in consultation with the presence of trade union delegates, on:
- the training plan of the employer organization, before January 31 of the current year, and the execution of the training plan of the previous year;
― job suppression and workforce compression projects;
- measures to improve the working and employment conditions of staff and general working conditions issues;
- measures that affect the duration of work;
- leave paid;
– means or techniques for the control of staff activity;
the social balance;
– the IT charter or the terms and conditions of use of NTIC.
5. To be informed annually, in consultation with the presence of trade union delegates, on:
― the management of social works, possibly entrusted to a staff association, as well as the amount and use by that association of the financial endowment of the employer organization, when it was planned;
the evolution of the financial situation of the employer organization.
6. To play the role, when the employee of the employer organization is at least fifty, of the hygiene, safety and working conditions committee (CHSCT).
As such, the Joint Commission's mission is to contribute to the protection of the physical and mental health of staff as well as to the improvement of working conditions, and to ensure compliance with the legislative and regulatory rules on safety and working conditions. Board members shall immediately notify the employer of any cause of serious and imminent danger to which they are aware or reported.
The Joint Commission is obligatoryly consulted on:
– any significant development decision that amends health and safety conditions or working conditions;
– any project to introduce new technologies;
- Service notes or any other document that is general and permanent in matters relating to health and safety;
- the measures taken to facilitate the implementation, remission or maintenance of work-related accidents, disabled workers, including the development of workstations;
― the provision of a smoker space;
- the prevention of risks associated with work on screen, heavy load handling and the handling of toxic products or substances;
the catering facility;
- the work doctor's studies.
In the chambers of agriculture of overseas departments, the Departmental Joint Commission, in addition to the powers provided for in this article, plays the role of a regional parity commission as defined in the following article.
IV. - Operation.
The chair of the commission is ensured, by law, by one of the representatives of the employer organization and the vice-chairing by one of the staff representatives.
The Chair and the Vice-Chair shall be elected by the members of the Committee for three years.
The Commission shall meet as required at the request of one of the delegations or representatives of one of the categories, within fifteen days of the request. If, as a result of the President's shortcomings, the Commission was not convened within the 15-day period provided for, it is up to the Vice-Chair to replace the Chairperson to convene the commission without delay.
Any commission that, after a first summons, cannot meet in full, is reconvened within fifteen days. It then sits validly regardless of the number of members present, as long as each delegation is represented. However, do not participate in the vote on the youngest member(s) of the most represented delegation, so that parity is respected.
The Commission's deliberations lead to the establishment of a record that is handed over to the members of the Commission within fifteen days. It is approved at the next meeting of the commission.
At the end of each meeting, a statement of conclusions was prepared. It is signed by the President and the Vice-President.
The Commission may, at the request of either delegation, hear any person from the staff. It may also appeal to an accredited expert, in the event of a problem with hygiene, safety and working conditions.
The travel costs of staff representatives are borne by the employer organization.
In the cases expressly provided for above or where it is not formally required to deliberate to render a notice or make a decision, the Commission may meet in the form of a consultation. The composition of the "employer" delegation is, in this case, freely defined. The "employed" delegation is extended to union delegates. It is in this configuration that it is gathered, at least once a quarter, by the Director General of the employer organization, to address any questions concerning staff.
Staff representatives to the Joint Commission are provided with the time required to perform their duties within 10 hours per month. This hour credit is increased by 5 hours per month if the parity commission plays the role of CHSCT. This time, shared between the licensee and the alternate, is distinct from the time devoted to meetings with the employer or its representative. He is considered to be working time.
The use of this credit will result in a reduction in the workload of representatives.
Article 9
Regional Joint Commissions
It is mandatory for all staff to establish a regional joint commission for the electoral district of the Regional Chamber of Agriculture.
However, where this electoral district does not include more than two departments, it may be established only one regional commission in the electoral district of two regional chambers, by a consistent decision of all departmental parity commissions or the establishment of the employers' organizations of the two regions.
I. ― Composition.
When the regional commission constituency includes less than five establishments required to establish a joint commission, the regional commission shall consist of three incumbent members and three alternate members representing the interested employers organizations, including the Director General of one of the agricultural chambers of the region chosen by its peers to represent them, on the other hand, of three incumbent members and three alternate members of the public and private law staff, representing each of the categories of employees
When the electoral district of the commission comprises at least five institutions, the number of representatives of each delegation shall be increased to six incumbents and six alternates.
II. Election.
The members of the regional parity commission are elected after each election of the agricultural chambers. They are chosen from the elected members of the departmental joint commissions and the establishment of the electoral district of the commission. Elections shall be held in the month following the establishment of such parity commissions.
The "employer" representatives are designated for six years by the employer organizations of the board's electoral district, at the initiative of the regional board of agriculture of the board's headquarters. The directors general of the agricultural chambers of the region other than that chosen by them to represent them may be part of the "employer" delegation of the regional commission.
Staff representatives shall be elected for three years by category, by all staff representatives of the Departmental Joint Commissions or the establishment of the electoral district of the Commission of the same class, being specified that, where in an employer body the number of electors of a class exceeds the number of 40, the alternate delegate of that class shall be entitled to participate in the voting, as the incumbent delegate.
The terms and conditions for the organization of elections and the conduct of electoral operations are agreed between the president of the regional chamber and the trade union organisations.
At the end of the poll, a copy of the report is issued within fifteen days:
- to the prefect of the region;
- to the Minister of Agriculture and Fisheries;
– to the president of the ACA.
III. Role.
The Regional Joint Commission is responsible for the application of statutory and treaty provisions that govern the conditions of employment of public and private law staff of all employers' organizations in the electoral district of the Commission. It is competent to give its opinion on all matters relating to staff and, at the request of either of the parties, decide on all conflicts that could not be resolved in the interests of each individual. It takes place as an appeal board for departmental or institutional joint commissions, whenever one of them decides to seize it.
The Commission shall, inter alia:
- define the terms and conditions for the reimbursement of staff travel expenses and set travel allowances;
∙ establish a list of exceptional leave and determine its duration;
― resolving disputes between employers and employees;
- give its opinion before any measure of termination;
- validate agreements with regional trade union delegates, in accordance with negotiated provisions at the national level. These agreements apply, upon validation by the regional commission, to all public and private law staff of the employer organizations of the board's electoral district. They may, however, provide for negotiable accommodation with union delegates or, if not, elected staff representatives within each employer organization.
IV. - Operation.
The chair of the commission is guaranteed by law by one of the representatives of the employers' bodies and vice-chairing by one of the staff representatives.
The Chair and the Vice-Chair shall be elected for three years by members of the Committee.
The regional commission shall be convened by the President, at his initiative or at the request of at least one third of the members of the commission, within the month following that request. If, as a result of the President's deficiencies, the Commission was not convened within the period of one month above, the Vice-Chairperson is responsible for replacing the Chairperson, to convene the commission without delay.
Any regional commission that, after a first summons, cannot meet in full shall be reconvened within fifteen days. It then sits validly regardless of the number of members present, as long as each delegation is represented. However, do not participate in the vote on the youngest member(s) of the most represented delegation, so that parity is respected.
The deliberations of the regional parity commission shall lead to the establishment of a minutes which shall be handed over to the members of the commission within fifteen days of the day. It is approved at the next meeting of the commission.
At the end of each meeting, a statement of conclusions was prepared. It is signed by the President and the Vice-President.
Agreements with regional union delegates, validated by the regional commission, are addressed to the chairs of the employer organizations of the board's electoral district.
These agreements as well as all records of meetings of the regional parity commissions must be forwarded, for information, to the President of the NCPC, CNCP and ACA.
The travel costs of the members of the Regional Joint Commission are borne by the Regional Chamber of Agriculture. The same applies to the travel expenses of the persons of the electoral district of the commission convened by it.
When it is not formally called upon to deliberate to render an opinion or make a decision, the regional commission may meet in the form of a consultation. The composition of the "employer" delegation is, in this case, freely defined. The "employed" delegation is extended to regional union delegates.
Staff representatives to the Regional Joint Commission are entitled to an additional hour credit for the performance of their duties within 5 hours per month. This time, shared between the licensee and the alternate, is distinct from the time devoted to meetings of the commission or meetings with members or representatives of the "employee" delegation. He is considered to be working time.
The use of this hour credit will result in a reduction in the workload of representatives.
Article 11
National Joint Commission
(a) Composition.
A permanent National Joint Commission is established in accordance with Act No. 52-1311 of 10 December 1952.
This National Joint Commission is appointed by order of the Minister of Agriculture and consists of:
a representative of the Minister of Agriculture, President;
– six chairs of chambers appointed by the office of the Permanent Assembly of the Chambers of Agriculture, including its president;
- six representatives of the chamber staff, appointed by the most representative trade union organizations.
The National Joint Commission is renewed after each general election of all departmental chambers of agriculture.
The appointment takes place within three months of the elections to the ACAA office.
(b) Role.
In particular, the National Joint Commission is responsible for:
- At least once a year, at the end of June, the value of the point used to calculate the basic treatment of agents subject to this Statute. This value and its date of application shall be notified within 48 hours of the decision to the Presidents of the employers' organizations referred to in Article 1 and to the Chairs of the regional joint commissions;
- to hold a place of appeal for all cases where the regional joint commissions could not settle a dispute and appeal to its arbitration;
∙ determine any difficulties that may result in the implementation, application and interpretation of this Statute;
- make any changes to this status.
(c) Convening.
The National Joint Commission is convened by the Minister of Agriculture, either on his own initiative or at the request of one of the parties, the summons to be sent in the following month.
Article 17
Duration of work
The reduction in working time from 39 hours to 35 hours in each chamber of agriculture, an inter-institutional organization of the network and the Permanent Assembly of the Chambers of Agriculture refers to the national framework agreement validated by the National Joint Commission on 26 April 2000 and to the local agreement that social partners must have reached by 1 November 2000.
(a) Weekly duration of work.
The effective weekly working hours are set at 35 hours, beginning no later than 1 November 2000, spread over 5 days per week depending on the interests of the service. The professional travel time that does not involve cutting is part of the working time.
Beyond 35 hours a week and outside of the cases referred to in paragraph d and e below, the use of overtime must be linked to exceptional circumstances, the exceptional nature of which is defined by the parity commission referred to in Article 8. It is consulted on compensation modalities and periodically informed of overtime. Overtime is paid under existing legislation; However, the agent concerned may choose compensation in time on the same basis of calculation.
For certain categories of staff whose list is stopped by the parity commission referred to in Article 8 after negotiation between employer and union representatives, the weekly duration of the work may be appreciated within the month. For these categories and as part of this monthly modulation, a maximum weekly duration is fixed under the same conditions by the above-mentioned commission. The calculation of overtime is carried out in the month.
(b) Daily working time.
The daily working period may not exceed 10 hours, except in exceptional cases defined in the local agreement validated by the parity commission referred to in Article 8.
(c) Annual reference work time.
It's 1589 hours.
Deduction of the duration of the work shall be the additional leave in the event of splitting and long-term leave and the exceptional leave granted for family events referred to in Article 19.
The possible deduction of other leave granted by the employer prior to the reduction of the working time will be subject to a local negotiation validated by the parity board referred to in section 8.
(d) RTT leave days.
The reduction in working time may be organized, in whole or in part, in the form of days or half days of RTT leave, in accordance with the terms set out in Article 18 bis.
(e) Modulation of working time over the year.
The employer may establish for service reasons, as set out in the local agreement validated by the parity commission referred to in section 8, for all or part of the staff, an organization of work that the weekly work schedule may vary around the average hour of 35 hours within a maximum period of twelve consecutive months, the hours worked in more or less, depending on the activity, compensating itself.
The agreement sets out the rules that establish the indicative programme of modulation for each of the services or employees concerned, as well as the time limits to be met in the event of a change in working hours or the schedule of such hours, without the time limits being less than one week.
The weekly schedule is limited to 44 hours on a week and 42 hours over a twelve-week consecutive period.
(f) Miscellaneous provisions.
Legal holidays are not allowed and paid. Unworked hours due to unemployment a legal holiday are not recoverable.
Weekly rest is two consecutive days including Sunday for all staff. However, in the event of exceptional circumstances and for certain categories determined by the Joint Commission referred to in Article 8 after negotiation between employer and trade union representatives, derogations with compensatory rest may be provided with the agreement of the said Board.
Any employee who has an elective mandate in the board or a trade union mandate will have to see his or her reduced workload in proportion to the hours of his or her mandate.
Article 21 ter
Provision
I. ― Purpose. - Conditions.
The operational requirements of a Chamber of Agriculture may justify the use of available facilities that must correspond to:
– either for a specific mission or a specific project;
either in the exercise of a specific function requiring specialized or specific technical qualifications. Any provision must be made in advance by the President.
This one can only operate:
- another chamber of agriculture;
an inter-institutional organization of the network;
- an association or an organization whose purpose participates in a mission of general interest under the area of activity of the Agriculture Board;
an administration of the State, a local community or a public institution;
– a European or international body.
Any provision may only be made after prior agreement of the agent concerned and the host agency(s). It is the subject of an agent agreement, which is to be employed in the host organization comparable to the one occupied in the agricultural chamber.
It can be performed in full-time or part-time.
Provision is made available to one or more host organizations for missions related to the agent's skill area.
II. ∙ Procedure.
1. Consultation of Joint Commissions.
The provision may be made only after consultation with the Joint Commission of the House of Agriculture and the Commission(s) paritair(es) or representatives of the staff of the host agency(s). They are kept regularly informed of the arrangements.
2. Convention to be made available.
A convention is signed beforehand between the original agricultural chamber, the agent and the host agency. It should include:
the object of the disposition;
the nature and distribution of activities;
― the terms and conditions of the agent's management, in the event of a plurality of the organizations to be made available;
the duration and conditions of renewal;
- the hierarchical level of functions;
― the conditions of employment of the agent.
In the event of a plurality of host organizations, a separate agreement is drawn up with each of them.
Any amendment that could subsequently be made must be approved by all signatory parties.
3. Time. - Renewal.
Provision may be made for the period of completion of the object or mission entrusted to the agent and, in any event, for a minimum period of six months and not exceeding three years.
After consulting the Joint Commissions, it is renewable once for a period not exceeding 3 years.
However, where the provision is made part-time, it may be extended beyond that period.
III. - Rights and obligations.
1. Working conditions.
The officer made available remains solely under the control and authority of the host organization. It is subject to the working conditions in force within the host organization:
― the distribution of working hours;
- use of equipment...
It also benefits from the working conditions applied within the host organization, ensuring that the person concerned is not penalized in relation to his or her original situation, including:
- reimbursement of travel and accommodation expenses unless otherwise agreed;
access to facilities (canteens, parking, service car...)
– reimbursement of collective transportation costs...
2. Test period.
In the case of recruitment followed by an immediate total or partial provision, the trial period shall be carried out, for the intended duration, within the host organization or within all concerned organizations.
3. Remuneration.
The agent made available continues to be paid by the original agricultural chamber.
Such remuneration includes the salary and any allowances.
Additional compensation may be paid by the original agricultural chamber, on the proposal of the host organization.
The amount of compensation and the corresponding social and fiscal expenses is fully reimbursed, to the euro, by the host agency to the agricultural chamber of origin.
4. Leave management.
All leave decisions (annual leave, RTT, exceptional leave...) are taken by the host agency, on the basis of the rights acquired within the original agricultural chamber. The original agricultural chamber is regularly informed of their use.
In the event of a plurality of employers, coordination must be organized between the parties. The agreement of each is required.
5. Staff representative bodies.
The officer made available may choose to become an elector from the representative bodies of the host organization, subject to:
― to occupy a job representing the majority of its activity time;
– to meet the conditions of electorate or eligibility.
In no case can it be several times elector.
6. Part time. - Special Leaves.
The authorization of a part-time activity application or special leave (parental leave, union leave, availability...) is granted by the original farming chamber, after agreement of the host organization(s).
7. Training.
The officer made available continues to benefit from the training rights provided for in the original Chamber of Agriculture (PAE, DIF, competency balance...). As a result, the rights to DIF are transferred from the original farming chamber to the employment agency throughout the time of making available. In addition, the monitoring of an EAP may extend within the host organization(s).
However, training needs and requests are reviewed as part of the host organization(s) training plan.
Management of related expenditures:
- maintaining remuneration;
- at educational costs;
is shared between the different employers on the pro rata of the time of activity exercised respectively with each of them, except for special provisions.
8. Sick leave. - Accident at work.
In the event of illness, the agent warns of his absence from the host agency that transmits the information and documents related to his absence to the original agricultural chamber, so that the latter, with the services of the MSA and Agrica, undertake the necessary steps to regularize the absence.
In the event of a work accident, the information is forwarded to the Agriculture Board of origin, which conducts the procedures with the MSA and supports the maintenance of remuneration.
9. Postcard. ― Evaluation.
As part of each provision, a position form is developed jointly between the agent and the manager of the receiving agency(s). A copy is transmitted for information to the original agricultural chamber.
The annual maintenance of the agent made available is carried out by the original agency, in connection with the other organizations, and in accordance with the terms and conditions of its own. However, a copy of the documents used is transmitted for information and follow-up to all employers organizations.
10. Come on.
Proposals for advancement ― choice and promotion ― are presented by the host organization to the original agricultural chamber responsible for validating and making the resulting decisions.
These developments, in addition to career benchmarks managed by the original organization, are definitely acquired.
11. Discipline.
The original agricultural chamber alone retains the disciplinary power against the officer made available. However, it can always be seized by the host organization that informs it of the faults charged to the agent.
In the event of disciplinary misconduct, it may be put to an end the availability of the agent without notice, the original Agriculture Board must then implement the applicable measures and procedures.
12. End of availability. - Reintegration and renewal.
The availability is automatically terminated at the time specified in the agreement, the agent being automatically reintegrated into the services of the original agricultural chamber, in a job at least equivalent to the one he held before making available.
However, it may end before the intended term, at the motivated request of:
- the original agricultural chamber;
the host organization;
the agent;
subject to compliance with the notice provided in the agreement and in any case with a minimum notice of three months.
In the event of an officer's reinstatement within the original organization following his or her mission, the duration of service performed by the agent before and during his or her disposition is taken into account fully in calculating the benefits of seniority. When the duration of the provision is more than twelve months, a prior interview between the parties allows for the organization of the reinstatement or renewal modalities.
Article 21 quater
Detachment
I. - Conditions.
The operational requirements of an agricultural chamber may justify the use of detachments that must correspond:
– either for a specific mission or a specific project;
either in the exercise of a specific function requiring specialized or specific technical qualifications.
Any detachment must be the subject of a President's decision.
This one can only operate:
- another chamber of agriculture;
an inter-institutional organization of the network;
- an association whose purpose participates in a mission of general interest relevant to the area of activity of the agricultural chamber;
an administration of the State, a local community or a public institution;
– a European or international body.
Any detachment or renewal may only be made after prior agreement of the relevant incumbent and host agency. It may only concern an agent who has already been or confirmed in his or her employment after his or her trial period.
An agent can only be detached on a full-time basis and must occupy a job in the host organization comparable to that occupied in the original agricultural chamber.
II. ∙ Procedure.
1. Consultation of Joint Commissions.
The detachment may be carried out only after consultation with the Joint Committee of the House of Agriculture and the Joint Committee or representatives of the staff of the host organization. They are kept regularly informed of detachments.
2. Detachment Convention.
An agreement is signed beforehand between the room, the agent and the host agency. It should include:
the object of the detachment;
the nature of the activities carried out;
the duration and conditions of renewal;
the hierarchical level of the functions entrusted and the supervisor;
― the conditions of employment of the agent.
Any amendment that could intervene must be approved by all signatory parties.
3. Time. - Renewal.
The detachment may be pronounced for the duration of its object or mission entrusted to the agent and, in any event, for a minimum period of six months and not exceeding three years.
After consulting the Joint Commissions, it is renewable once for a period not exceeding three years.
III. - Rights and obligations.
1. Working conditions.
The officer made available remains solely under the control and authority of the host organization. It is subject to all the conditions of employment in force within the host organization:
― the distribution of working hours;
- use of equipment...
It also benefits from the working and employment conditions applied within the detachment organization, including:
- reimbursement of travel and accommodation expenses;
access to facilities (canteen, parking, service car...)
- reimbursement of collective transportation costs;
– mandatory mutual without delay...
The new employer will ensure that the employee is not generally disadvantaged, in the light of its previous working conditions.
2. Remuneration. – Social and pension contributions.
The detached agent is paid by the detachment agency.
Such remuneration includes the salary and any allowances.
Additional compensation may be paid by the detachment body, which informs the original agricultural chamber.
The detachment agency ensures the payment of social and pension contributions, so as to ensure that the detachment agent is at least equivalent to those in the original agricultural chamber.
3. Leave management.
All leave decisions (annual leave, RTT, exceptional leave...) are taken by the detachment body, on the basis of the rights acquired within the original agricultural chamber, which is informed of their use, and the detachment body.
4. Staff representative bodies.
The detached officer is an elector from the representative bodies of the detachment agency, subject to the conditions of electorate. He is no longer an elector in the original room.
5. Part time. - Special Leaves.
The authorization of a part-time activity application or special leave (parental leave, trade union...) is issued by the detachment organization, which informs the original farming chamber.
6. Training.
The seconded agent may continue to benefit from certain training rights provided in the original Agriculture Chamber (EAP, DIF). Monitoring of an EAP can continue if the detachment body is part of this device.
The rights to DIF are automatically transferred from the original farming chamber to the detachment body, throughout the detachment period.
Other training needs and requests are reviewed as part of the training plan by the detachment agency, which covers related expenses:
- maintaining remuneration;
- at educational costs.
7. Postcard. - Evaluation.
The position form is developed jointly between the officer and the supervisor of the detachment agency. A copy is transmitted for information to the original agricultural chamber.
The annual maintenance of a detached agent is carried out within the detachment organization and in accordance with its own terms and conditions. A copy of the documents used is transmitted for information and follow-up to the Agriculture Chamber of origin.
8. Come on.
The advance decisions of the detached agent are taken by the detachment agency, which must take into account the career benchmarks defined in the original agricultural chamber. The latter is informed of the increases decided.
These developments, in addition to career benchmarks managed by the original organization, are definitely acquired.
9. Discipline.
The original agricultural chamber alone retains the disciplinary power against the seconded officer. For this purpose, it may be seized by the detachment body, which informs it of the faults charged to the agent.
In the event of disciplinary misconduct, the officer's detachment may be terminated without notice, and the original agricultural chamber must then implement the applicable measures and procedures.
10. End of detachment. - Reintegration.
The detachment automatically ends with the deadline set out in the agreement, the agent being automatically reintegrated into the services of the original agricultural chamber, in a job equivalent to the one he held before his detachment.
However, the detachment may end before the intended term, at the motivated request of:
- the original agricultural chamber;
the body of detachment;
- the detached agent;
subject to compliance with the notice provided in the agreement and in any case with a minimum notice of three months.
In the event of the reinstatement of the agent within the original farming chamber, the duration of service carried out by the individual during his or her detachment is fully taken into account in the calculation of all benefits related to seniority. This time is especially taken into account in the application of career benchmarks by the original farming chamber.
In the event of an agent's integration, at the end of his or her mission, within the detachment agency, the duration of service performed by the individual before and during his or her detachment is taken into account in the calculation of all the benefits associated with seniority. The elements of remuneration are made up of all those he received before integration.
Article 28 ter
Activity transfer
1. Transfer to an administrative public service.
When the activity of an agricultural chamber or an inter-institutional organization of the network is taken up entirely or partially by another agricultural chamber or by an inter-institutional organization of the network, within the framework of an administrative public service, the repreneur agency proposes to the public or private law agents concerned by that activity an indefinite or fixed-term public law contract, depending on the nature of the contract they hold.
The contract he proposes includes the substantive clauses of the contract that are held by the agents, in particular those relating to remuneration.
Services performed within the Agriculture Board or the inter-institutional organization of the original network are considered to be services performed within the host organization.
In the event of a refusal by the agents to accept the proposed contract, their contract ends in full right. The organization that resumes the activity applies the provisions of public law relating to the dismissed agents.
Termination may only occur after the reclassification of the agent has been considered in each of the organizations concerned.
In the event of termination, the Agriculture Board or the inter-agency network must provide support to the agent in his or her search for employment.
2. Transfer to an industrial and commercial public service.
When the activity of an agriculture chamber or an inter-institutional organization of the network is taken over completely or partially by another agriculture chamber or an inter-institutional organization of the network, within the framework of an industrial and commercial public service, the repreneur agency proposes to the public or private law agents concerned by that activity a fixed-term or indeterminate private law contract, depending on the nature of the contract they hold.
The contract he proposes includes the substantive clauses of the contract that are held by the agents, in particular those relating to remuneration.
Services performed within the Agriculture Board or the inter-institutional organization of the original network are considered to be services performed within the host organization.
In the event of a refusal by the agents to accept the proposed contract, their contract ends in full right. The organization that resumes the activity shall apply the provisions relating to terminated officers under public law or by the law of work and by their contract.
Termination may only occur after the reclassification of the agent has been considered in each of the organizations concerned.
In the event of termination, the Agriculture Board or the inter-agency network must provide support to the agent in his or her job search.
Article 28 quater
Mobility support
Any change in employers and workplaces involved in the employer's initiative, as part of the implementation of a regional pooling project, will only be possible after consultation with the joint commissions of each employer organization and negotiation of the conditions for this change between the employee and the employers concerned. It shall take into account, to the extent possible, the family situation of the employee.
When the change of employer and place of work occurs at the initiative of the employer and requires the removal of the employee, it will be granted to the employee, who will move within a maximum period of one year to reduce by at least one hour the journey time separating his home from the new place of work and who will first present three quotes to the employer organization, an allowance covering the full amount of moving expenses, as well as two days of leave In the expectation of the actual move, the employer agency will take charge of the travel costs between the employee's home and his new place of work until the move and within one year. Other costs related to the change of residence will be refunded on proof, within 330 points.
In the event of a difficulty in rehousing, the employer agency must provide support to the employee in the search for a new housing. In the event of a spouse's resignation as a result of the employee's change of employer, the employer agency will have to provide him with support for job search.
The change of employer and workplace involved in the implementation of a regional pooling project may result in the allocation of points of choice. When the change results in a complexion of the employee's activities and/or an increase in the employee's responsibilities, the employer organization will have to examine the conditions under which the employee will be reclassified to a new type of employment that better corresponds to his or her new responsibilities, or a promotion.
In the event of a permanent or sustainable change of employer and place of work acting on the initiative of the employer, as part of the implementation of a regional pooling project and requiring the removal of the employee from its department of origin, the employee will be awarded a mobility incentive of 1,310 points. This premium will be paid by the new employer, for half after the first month following the employer change and for half after the thirteenth month following the change.
