Key Benefits:
The Prime Minister,
On the report of the Minister of Labour, Employment and Health,
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of staff, including article 9 bis, together with Act No. 86-33 of 9 January 1986 amended with statutory provisions relating to the hospital public service, including articles 17, 18 and 20;
Vu la Act No. 2010-751 of 5 July 2010 amended on the renewal of social dialogue and various provisions relating to the civil service, including articles 33 and 34;
Vu le Decree No. 2003-655 of 18 July 2003 amended on local and departmental administrative boards of the hospital public service;
Having regard to the advice of the Higher Council of the Hospital Public Service dated 3 February 2011;
The State Council (Section of Administration) heard,
Decrete:
The last paragraph of Article 5 of the above-mentioned Decree of 18 July 2003 is replaced by the following provisions:
"The staff of the staff considered to determine the number of representatives is assessed on the last day of the month preceding six months the date of the election. »
Article 11 of the same decree is thus amended:
1° The first paragraph is replaced by the following:
"The date of the elections for the general renewal of departmental and local administrative boards is fixed by order of the Prime Minister, the Minister for Health, the Minister for Social Affairs and the Minister for Public Service. » ;
2° In the second paragraph, the words: "representative trade union organizations at the level where the election is organized" are replaced by the words: "union organizations fulfilling, in the hospital public service, the conditions fixed to the electionArticle 9 bis of the Act of 13 July 1983 referred to above » ;
3° In the third paragraph, the word "three" is replaced by the word "six".
In the last paragraph of section 14 of the same decree, the words: "regularly incorporated" are replaced by the words: "completing, in the public hospital service, the conditions fixed to theArticle 9 bis of the Act of 13 July 1983 referred to above "
The last paragraph of Article 17 of the Decree is deleted.
At the c of Article 18 of the same decree, the words: "articles L. 5 to L. 7 of the electoral code" are replaced by the words: " Articles L. 5 and L. 6 of the Electoral Code "
Article 19 of the same decree is amended as follows:
1° In the first paragraph, the words: "representative trade union organizations" are replaced by the words: "union organizations fulfilling, in the hospital public service, the conditions fixed to theArticle 9 bis of the Act of 13 July 1983 referred to above And it is added a sentence as follows: "The lists may be common to several trade union organisations. » ;
2° In the second paragraph, the words: "by the sixth, seventh and eighth paragraphs of section 20 of the above-mentioned Act of 9 January 1986" are replaced by the words: "by theArticle 9 bis of the Act of 13 July 1983 referred to above » ;
3° In the sixth preambular paragraph, the words "of the sixth preambular paragraph of section 20 of the above-mentioned Act of 9 January 1986" are replaced by the words "of the sixth preambular paragraph" 2° of Article 9 bis of the Law of 13 July 1983 referred to above » ;
4° It is added a paragraph to read:
"When the admissibility of one of the lists is not recognized by the administration, the procedure described above shall be implemented within three days from the notification of the judgment of the administrative tribunal when the administrative tribunal is seized with a challenge to the decision of the administration pursuant to the provisions of the last paragraph of Article 9 bis of the Act of 13 July 1983 referred to above. »
Article 23 of the same decree is amended as follows:
1° The second paragraph is replaced by the following:
"If no correction is made, if one or more candidates on a list are ineligible, the list concerned is considered to have not submitted any candidates for the corresponding commission. » ;
2° After the second preambular paragraph, a sub-item reads as follows:
"When the admissibility of a list is not recognized by the administration, the eight-day period provided for in the first sentence of the first paragraph of this article shall be limited to that list only after the notice of the judgment of the administrative tribunal is made when it is seized of a challenge to the decision of the administration, pursuant to last paragraph of Article 9 bis of the Act of 13 July 1983 referred to above. »
In the third paragraph of Article 25 of the same Decree, the words "to each elector" are replaced by the words "to the domicile of each elector".
The second paragraph of Article 28 of the Decree is replaced by the following provisions:
"The ballot must be open without interruption for at least seven hours. The opening and closing hours of the ballot shall be decided on the basis of the establishment's staffing by the Director after consultation with the trade union organizations that have submitted lists."
Article 33 of the same decree is amended as follows:
1° The first paragraph is deleted;
2° In the second paragraph, the words: "If not," are deleted.
Article 36 of the same decree is amended as follows:
1° In the first paragraph, the words "8 days" are replaced by the words "five days";
2° In the second paragraph, the words "and transmit them within 48 hours to ministers responsible for health and social affairs" are deleted.
The first sentence of the fourth paragraph of Article 38 of the Decree is replaced by the following provisions:
"When for the assignment of a seat, lists get the same average, the seat is assigned to the list that collected the largest number of votes. If the lists in question raised the same number of votes, the seat shall be allocated to the trade union organization having obtained the largest number of votes in the elections of all parity administrative commissions, as the case may be, local or departmental. »
Article 41 of the same decree is replaced by the following provisions:
"Art. 41.-When a common list has been drawn up by trade union organizations, the distribution of votes cast is made on the basis indicated and made public by the trade union organizations concerned at the filing of their list. In the absence of an indication, the distribution of votes is made equally between the organizations concerned."
Article 42 of the same decree is replaced by the following provisions:
"Art. 42.- Without prejudice to provisions of the last paragraph of Article 9 bis of the Act of 13 July 1983 referred to above, disputes over the validity of electoral transactions shall be brought, within five days of the proclamation of the results, to the director of the institution who manages the parity administrative commission, and, where appropriate, to the administrative court. »
Article 43 of the same decree is amended as follows:
1° In the first paragraph, it is added a sentence as follows: "However, when a commission is created or renewed during the electoral cycle, the staff representatives are elected under the conditions provided for in this decree, for the remaining period before the general renewal. » ;
2° Two subparagraphs are added:
"In the event of a merger of institutions operating less than six months before or less than six months after the general renewal of the Joint Administrative Committees, staff representatives to the Joint Administrative Committees of the new establishment are appointed on the basis of the cumulative vote obtained by the trade union organizations in each of the establishments at the origin of the new establishment. The seats shall be allocated to trade union organizations in accordance with the provisions of articles 37 to 39.
"When the establishments that have merged into a single institution do not have parity administrative commissions for all or part of the bodies of the personnel in these establishments, and if the establishment resulting from the merger meets the conditions set out in section 5 to dispose of its own commissions, the election of the staff representatives to these commissions shall be carried out under the conditions set out in this Order for the remaining period until the next general renewal. »
Article 44 of the same decree is replaced by the following provisions:
"Art. 44.-The rules of procedure of each parity administrative board shall be subject to the approval of the director of the establishment who manages it. »
In the first paragraph of article 56 of the same decree, after the word "37", the words ", 51 to 59".
In the second paragraph of section 57 of the same decree, the words: "the two branches of the institutions that manage them" are replaced by the words: "the Director General of the Regional Health Agency".
In article 58 of the same decree, the words "of title IV of the general status of state officials and territorial authorities" are replaced by the words "of the law of 9 January 1986 referred to above."
In the last paragraph of Article 60 of the Decree, the words: "the two directors of the establishments that manage it" are replaced by the words: "the Director General of the Regional Health Agency".
The 1st of Article 64 of the Decree is replaced by the following provisions:
« 1° When a incumbent representative is unable to perform his or her duties in the establishment or department for any reason, he or she is replaced by the first alternate in the order of the list under which he or she was elected until the commission was renewed.
"The alternate is replaced by the first unelected candidate remaining from the same list.
"If a list is unable to provide, under the conditions set out in the preceding paragraphs, to the seats of incumbent members or alternate members to whom it is entitled for a parity administrative commission, the trade union organization having submitted the list shall designate its representative from the incumbent officials of the commission, eligible at the time of designation, for the duration of the term remaining to be carried out. »
The schedule to the same Order is amended as follows:
1° CAP 2 provisions: category personnel A medical and technical services and social services are replaced by the following:
« CAP #2: category staff A care services,
and Social Services
« Single Group
"Subgroup 1: school directors preparing for the midwife master certificate, school directors preparing for the midwife state diploma; health care executives, medical professionals, health professionals, health professionals, health professionals, health professionals, health professionals
"Subgroup 2: Senior Psychologists, Normal Class Psychologists.
"Subgroup 3: Senior Midwives, Senior Class Anaesthetic Nurses, Senior College Nurses, Senior Class Peripheral Nurses, Normal Class Midwives, Normal Class Anaesthetic Nurses, Normal Class Nursing Nurses, Normal Class Peripheral Nurses, Normal Class Peripheral Nurses, General and Grade 4 General Care Nurses, »
2° In CAP 6 provisions: Administrative supervision staff and medical secretariats, the words "medical secretaries" are replaced by the words "medico-administrative assistants" as of June 1, 2011.
I. ∙ Derogation from provisions of the last paragraph of Article 5 of the Decree of 18 July 2003 referred to above in its drafting of this decree, the number of representatives to be elected for each commission concerned is valued at the date of 30 April 2011 for the general elections of staff representatives to the local and departmental administrative commissions organized in 2011.
II. - By derogation provisions of the third paragraph of Article 11 of the Decree of 18 July 2003 referred to above in its drafting from this decree, the date of the elections for the general renewal scheduled for 2011 is made public at least four months in advance by posting in each of the institutions concerned.
The Minister of Labour, Employment and Health, the Minister of Budget, Public Accounts, Public Service and State Reform, spokesman of the Government, the Secretary of State to the Minister of Labour, Employment and Health, responsible for health, and the Secretary of State to the Minister of Budget, Public Accounts, Public Service and Reform of the State, who is responsible for the public office, who is responsible for the public office,
Done on 26 May 2011.
François Fillon
By the Prime Minister:
The Minister of Labour,
employment and health,
Xavier Bertrand
Minister of Budget, Public Accounts,
public service and state reform,
Government spokesperson,
François Baroin
Secretary of State
to the Minister of Labour,
employment and health,
Health Officer
Nora Berra
Secretary of State
to the Minister of Budget,
Public Accounts, Public Service
and state reform,
Public Service,
Georges Tron
