Key Benefits:
The Prime Minister,
On the report of the Minister of Labour, Employment and Health,
Vu le Public Health Code ;
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 article 104;
Vu la Act No. 2010-751 of 5 July 2010 amended on the renewal of social dialogue and including various provisions relating to the civil service, including article 34;
Vu le Decree No. 2003-761 of 1 August 2003 concerning the parity administrative commissions of the Paris Public Hospital Assistance;
Considering the opinion of the Superior Administrative Council of the Paris Public Hospital Assistance dated 8 February 2011;
Considering the opinion of the Director General of the Paris Public Hospital Assistance dated 8 March 2011;
The State Council (Section of Administration) heard,
Decrete:
Article 5 of the above-mentioned decree of 1 August 2003 is amended as follows:
1° In the sixth paragraph, the words: "Twelve holders, twelve alternates" are replaced by the words: "Ten licensees, ten alternates";
2° In the seventh preambular paragraph, the words "fourteen holders, fourteen alternates" are replaced by the words "twelve holders, twelve alternates";
3° The last paragraph is replaced by the following:
"The staff of the staff is appreciated on the last day of the month preceding six months the date of the election. »
The second paragraph of Article 6 of the Decree is replaced by the following provisions:
"The other representatives of the administration are designated, for half of the seats to be filled, among the officers of the management staff of the establishments mentioned in section 2 (1°, 2°, 3°) of the law of January 9, 1986 referred to above and the body of the care directors. »
Article 8 of the same decree is replaced by the following provisions:
"Art. 8.-The date of the elections for the general renewal of the parity administrative commissions of the Paris Public Hospital Assistance is fixed by order of the Director General, on the date fixed for the entire hospital public service. The duration of this election shall be determined by the same decree after consultation with the trade union organizations fulfilling, in the public hospital service, the conditions set out in article 9 bis of the law of 13 July 1983 referred to and constituted within the Paris Public Hospital Assistance. The date of the elections and the duration of the election shall be determined in the same manner in the event of by-elections.
"The date of the elections is announced at least six months in advance by posting in each polling station or section. »
In sections 10 and 13 of the same decree, the words: "Director of Institution" are replaced by the words: "Director of Hospital Groups, Hospitals not attached to a Hospital Group or common interest pole".
Article 11 of the same decree is thus amended:
1° In the second paragraph, the words: "institution" are replaced by the words: "the hospital group, the hospital not attached to a hospital group or the common interest centre";
2° In the third paragraph, the words: "to trade union organizations that have submitted lists of candidates" are replaced by the words: "to trade union organizations that meet, in the hospital public service, the conditions fixed to theArticle 9 bis of the Act of 13 July 1983 referred to above "
The words "L. 5 to L. 7" are replaced by the words "L. 5 and L. 6".
Article 15 of the same decree is amended as follows:
1° The first paragraph is replaced by the following:
"The lists of candidates are filed by trade union organizations that meet the conditions set out in the hospital public serviceArticle 9 bis of the Act of 13 July 1983 referred to above. Lists may be common to several trade union organizations. » ;
2° In the last paragraph, the words "of the sixth paragraph of section 20 of the above-mentioned Act of 9 January 1986" are replaced by the words: "of the sixth paragraph of section 20 of the above-mentioned Act"Article 9 bis of the Act of 13 July 1983 referred to above » ;
3° It is added a paragraph to read:
"When the admissibility of one of the lists is not recognized by the Director General of the Public Hospital Assistance in Paris, the procedure described above is implemented within three days from the notification of the judgment of the Administrative Court when the Administrative Court is seized of the challenge of the decision of the Director General pursuant to provisions of the last paragraph of Article 9 bis of the Act of 13 July 1983 referred to above. »
In the second paragraph of Article 17 of the same Decree, the words: "by the sixth, seventh and eighth paragraphs of Article 20 of the Law of 9 January 1986 referred to above" are replaced by the words: "by the wordsArticle 9 bis of the Act of 13 July 1983 referred to above "
Article 18 of the same decree is amended as follows:
1° In the second sentence of the first paragraph, the word "one" is replaced by the word "one";
2° The second paragraph is replaced by the following:
"In the absence of a correction at the end of this period, the Director General, or his representative, notes the ineligibility of the candidates concerned and, consequently, that the list no longer includes the number of candidates required by section 16. The list concerned is considered to have not submitted any candidates for the commission concerned. » ;
3° After the second preambular paragraph, a sub-item reads as follows:
"When the admissibility of one of the lists is not recognized by the Director General of the Public Hospital Assistance in Paris, the eight-day period provided for in the first sentence of the first paragraph of this article shall be limited to the date of notification of the judgment of the Administrative Court 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.
4° In the second sentence of the third paragraph, the word "21st" is replaced by the word "15th".
Article 20 of the same decree is amended as follows:
1° In the first paragraph, the words: " sitting in the central parity bodies of the Paris Public Hospital Assistance" are replaced by the words: " fulfilling, in the hospital public service, the conditions fixed to the public serviceArticle 9 bis of the Act of 13 July 1983 referred to above » ;
2° The last paragraph is replaced by the following:
"The profession of faith of each list is printed by the Paris Public Hospital Assistance and its costs. It is based on a model made under conditions fixed by order of the Director General of the Public Hospital Assistance of Paris, after consultation with the trade union organisations fulfilling, in the public hospital service, the conditions fixed to the public hospital.Article 9 bis of the Act of 13 July 1983 referred to above. »
In the first paragraph of Article 22 of the Decree, the words "hospital, hospital or general service" are replaced by the words: "hospital group, hospital not attached to a hospital group or common interest unit".
After the first paragraph of Article 23 of the same Decree, it is inserted a paragraph thus written:
"A voting section is created in each site in which a committee on hygiene, safety and working conditions is formed. The results of the voting sections are centralized by the voting office of the hospital group, the hospital not attached to a hospital group or the common interest. »
Article 24 of the same decree is amended as follows:
1° The second paragraph is replaced by the following:
"The ballot must be open without interruption for at least seven hours";
2° In the third paragraph, the words: "in the central parity bodies of the Paris Public Hospital Assistance" are replaced by the words: "in the form of lists".
Article 29 of the same decree is thus amended:
1° The first paragraph is deleted;
2° In the second paragraph, the words: "If not," are deleted.
In the second paragraph of section 32 of the same decree, the words "8 days" are replaced by the words "five days".
Article 34 of the same decree is amended as follows:
1° In the fourth paragraph, after the words: "in case of equal number of votes obtained for this commission", the words: "the list" are replaced by the words: "the trade union organization";
2° It is added a paragraph to read:
"When a common list has been established by trade union organizations, the distribution of votes cast is made on the basis indicated by the trade union organizations concerned at the filing of their list. In the absence of an indication, the distribution of votes shall be made equally between the organizations concerned. »
Section 36 of the same Order is repealed.
After the first paragraph of Article 39 of the same Decree, it is inserted a paragraph thus written:
"However, when a commission is established or renewed between two general renewals, staff representatives are elected under the conditions provided for in this Order, for the remaining period to be carried out before the general renewal. »
In the first paragraph of Article 50 of the same decree, after the word "37" are added the words ", 51 to 59".
Article 56 of the Decree is replaced by the following provisions:
“1. When a incumbent representative is unable to perform his or her duties at the Paris Public Hospital Assistance for any cause, he or she is replaced by the first alternate in the order of the list under which he or she was elected until the renewal of the parity administrative commission.
"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 two preceding paragraphs, the seats of the incumbent members or alternate members to whom it is entitled for a parity administrative commission, the trade union organization that has submitted the list shall designate its representative from the holders of the said commission, eligible at the time of designation, for the duration of the remaining term of office. »
The schedule to the same Order is amended as follows:
1° CAP 2 provisions: category personnel A medical, technical, rehabilitation and social services are replaced by the following:
« CAP #2: category staff A care services,
medico-technical, rehabilitation and social services
« Single Group
"Subgroup 1: School director preparing for the Midwife Framework Certificate; school director preparing for a midwife state diploma; upper-male operating block nurse; anaesthetic anaesthetic senior health officer; senior health caregiver; senior health officer; senior health laboratory technician; medical radiology manipulator upper health framework; hospital pharmacy preparator upper health framework; massager-kinesitherapist upper health framework; Higher occupational therapist; Psychomotrician senior health officer; dietitian health executive; pedicure-podologist senior health officer; senior orthophonist of health; senior orthoptist of health; Senior midwife; higher socio-educational framework; health framework operating block nurse; anaesthetic nurse health care; health care settings; nurse health care; health laboratory technician; medical electroradiology manipulator health framework; hospital pharmacy preparator health framework; massager-kinesitherapist health framework; occupational therapist health; psychomotrician health framework; dietitian health care; pedicure-podologist health framework; orthophonist health framework; orthoptist health framework; midwife; socio-educational framework.
"Subgroup 2: Senior Psychologist; Normal Psychologist.
“Subgroup 3: Superior midwife; Normal midwife.
"Subgroup 4: Senior Class Anesthetic Nurse; upper class operating block nurse; upper class puerculator; normal class anaesthetic nurse; Nursing of normal-class operating block, normal-class nurse, general-care nurse, general-care nurse and fourth-grade specialist nurse, general-care nurse and third-grade specialist nurse, general-care nurse and second-grade specialist nurse, general-care nurse and first-class specialist nurse. » ;
2° The provisions relating to CAP #4: technical and worker personnel are replaced by the following provisions:
« CAP #4: technical and worker coaching personnel
« Single Group
"Single Subgroup: Senior Hospital Technician Head of the Public Hospital Assistance in Paris; Senior Hospital Technician of the Paris Public Hospital Assistance; Senior Hospital Technician of the Paris Public Hospital Assistance; exceptional class head agent; 1st category head agent; Second-class head agent. » ;
3° Provisions relating to CAP No. 6: Medical-technical personnel are replaced by the following provisions:
« CAP #6: medical-technical personnel
« Single Group
"Single Subgroup: Superior Class Laboratory Technician; upper class medical electroradiology manipulator; preparator in higher class hospital pharmacy; normal class laboratory technician; normal class medical electroradiology manipulator; preparator in normal class hospital pharmacy; Normal-class physiology technician (extinguishing frame). » ;
4° Provisions relating to CAP No. 9: Administrative supervision personnel and medical secretariats are replaced by the following provisions effective 1 June 2011:
"PC #9: Administrative supervision staff and medical secretariats
« Single Group
"Single subgroup: Assistant to exceptional class hospital settings; An exceptional medical-administrative assistant; Assistant to Senior Hospital Officers; Senior Medical Assistant; Assistant to normal-class hospital settings; Medical-administrative assistant of normal class. » ;
5° Provisions relating to CAP No. 10: technical personnel and workers are replaced by the following provisions:
« CAP #10: technical staff and workers
« Single Group
"Single Subgroup: Senior Masters Officer; Senior technical officer; Master of the main worker; out-of-class ambulance driver; Whitener master principal worker; Masters officer; worker master; bleaching master worker; 1st category ambulance driver; 1st class technical officer; 2nd category ambulance driver; 2nd class specialized technical officer; skilled professional worker; skilled professional worker bleaching; qualified maintenance agent; bleaching; first dental prothesist; dental prothesist; collector driver (extinguishing frame). » ;
6° Provisions relating to CAP 11: care personnel, medical and technical services and social services are replaced by the following provisions:
"CAP #11: care services personnel,
and Social Services
« Single Group
"Single subgroup: exceptional class nursing assistant; an exceptional class nursery; Exceptional medical-psychological assistance; Senior caregiver; upper class nursery; medical-psychological assistance of the upper class; normal class caregiver; regular class nursery; medical-psychological assistance of normal class; help-preparator (extinguishing frame); technical assistance of electroradiology (extinguishing frame). »
7° Provisions relating to CAP No. 12: care and medical services personnel other than CAP No. 11 are replaced by the following provisions:
"CAP #12: Care Services Personnel
medical and technical services other than CAP No. 11
« Single Group
"Single subgroup: qualified hospital services agent; normal class pharmacy aid (extinguishing frame); upper class pharmacy aid (extinguishing frame); normal class laboratory aid (extinguishing frame); upper-class laboratory aid (extinguishing frame); pre-harvest (extinguishing frame). » ;
8° Provisions relating to CAP No. 13: Administrative personnel are replaced by the following provisions:
« CAP n° 13 : administrative personnel
« Single Group
"Single subgroup: Principal Administrative Assistant at the Principal level; Senior Administrative Assistant, 2nd Class; an auxiliary medical control unit; Administrative Assistant to the Principal level; auxiliary permanent for primary medical regulation; 2nd Class Administrative Assistant; ancillary medical regulation permancer; inspector of internal service and exceptional class equipment of the Paris Public Hospital Assistance (extinguishing frame); Inspector of Internal Service and 1st Class Equipment of the Paris Public Hospital Assistance (extinguishing frame); Medical and social secretary (extinguishing framework); Senior Medical and Social Secretary (extinguishing framework). »
I. ∙ Derogation from provisions of the last paragraph of Article 5 of the Decree of 1 August 2003 referred to above in its drafting of this decree, the number of representatives to be elected for each commission is assessed on the date of April 30, 2011 for the general elections of staff representatives to the parity administrative commissions of the Paris Public Hospital Assistance organized in 2011.
II. - By derogation from the provisions of the last paragraph of Article 8 of the Decree of 1 August 2003 in its drafting of this Decree, the date of the elections for the general renewal scheduled for 2011 shall be made public at least four months in advance by posting in the polling stations or sections.
The Minister of Labour, Employment and Health, the Minister of Budget, Public Accounts, Public Service and State Reform, spokesperson for the Government, and the Secretary of State to the Minister of Budget, Public Accounts, Public Service and State Reform, responsible for the public service, are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Gazette of the French Republic.
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 Budget,
Public Accounts, Public Service
and state reform,
Public Service,
Georges Tron
