Key Benefits:
The Prime Minister,
On the report of the Minister of Employment, Labour and Health,
Considering the code of social action and families;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 86-33 of 9 January 1986 amended with statutory provisions for the hospital public service;
Vu la Act No. 2010-751 of 5 July 2010 amended to renovate the social dialogue and to include various provisions relating to the 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:
Section R. 315-27 of the Social Action and Families Code is replaced by the following provisions:
"Art. R. 315-27.-I. ― The Technical Establishment Committee established pursuant to Article L. 315-13, in the establishments referred to in 3° to 6° of Article 2 of Law No. 86-33 of 9 January 1986 with statutory provisions relating to the hospital public service, includes, in addition to the director of the institution or his or her representative, the chair, the staff representatives whose number is as follows:
« 1° In institutions of less than fifty officers: three incumbent members and three alternate members;
« 2° In the establishments of fifty to ninety-nine officers: four incumbent members and four alternate members;
« 3° In establishments of one hundred to two hundred and ninety-nine officers: six incumbent members and six alternate members;
« 4° In establishments of three hundred to ninety-nine officers: eight incumbent members and eight alternate members;
« 5° In establishments with five hundred officers and more: ten incumbent members and ten alternate members.
"For the calculation of the number of employees mentioned from 1° to 5° of this section, all incumbent and interns shall be taken into account, from contractual agents mentioned to first paragraph of Article 1 of Decree No. 91-155 of 6 February 1991 general provisions applicable to contractual agents of establishments referred to in theArticle 2 of Act No. 86-33 of 9 January 1986 bringing statutory provisions relating to the hospital public service as well as contracts of public law not in permanent employment and private contractors, with the exception of staff referred to in the penultimate paragraph of section 2 of Part IV of the general status of public servants. This number is appreciated on the last day of the month preceding six months the date of the vote.
"The number of seats to be filled by college is shown in the establishment no later than thirty days after the determination of the staff to be taken into account in determining the number of representatives to be elected.
“II. ― The number of representatives to be elected or to be designated in the case of a vote on an acronym, for each college is proportional to the staff of the officers responsible for it.
“The seats are allocated according to the following rule:
« 1° It is assigned to each college the number of seats corresponding to the entire part of the proportion;
« 2° The remaining seats to be assigned are in descending order of the decimal place until the total number is reached at 1°, 2°, 3°, 4° and 5° of this article.
"However, this rule should not lead to:
“(a) Subject to the application of the provisions of Article R. 315-28 of this Code, a college has no seat;
“(b) The number of seats in category A representatives is less than two in establishments with five hundred officers and more. »
In the first paragraph of article R. 315-28 of the same code, the word "five" is replaced by the word "ten".
In section R. 315-29 of the same code, the first three paragraphs are replaced by the following:
"The terms and conditions for the replacement of a staff representative who ceases to perform his or her duties as a result of his or her death, or as a result of a resignation from the institution or his or her mandate, of a change of establishment, or because he or she is struck by one of the causes of inligibility set out in R. 315-36 are as follows:
« 1° When the election took place by the list of electors, the incumbent representative shall be replaced by an alternate from the list under which he was elected. The alternate is replaced by the first remaining unelected candidate from the same list. Where, in the absence of a sufficient number of candidates, the trade union organization is unable to provide for this replacement, it designates the representative from among eligible officers composing the college referred to in R. 315-36;
« 2° When the election took place on an acronym, the incumbent representative shall be replaced by a substitute designated at the end of the election by the trade union organization that had obtained the seat among the eligible officers of the college. The alternate is replaced under the same conditions. The same is true when the term of office of a incumbent or alternate representative is terminated, upon written request of the trade union organization holding the seat. In this case, termination of service becomes effective one month after receipt of this application by the director of the institution. »
In article R. 315-30 of the same code, after the word: "elected" are added the words: ", or designated in the event of a vote on an eagle. »
Section R. 315-31 of the same code is replaced by the following provisions:
"Art. R. 315-31. - The terms and conditions for the replacement of a incumbent representative who is unable to attend a meeting of the Technical Establishment Committee are as follows:
« 1° When the election took place by the list vote, it may be replaced by any of the alternates of the trade union organization for which it was elected;
« 2° When the election took place on an acronym, the incumbent representative shall be replaced by any of the alternates designated under the provisions of section R. 315-48 by the trade union organization that had obtained the seat. »
Section R. 315-32 of the same code is replaced by the following provisions:
"Art. R. 315-32.-The date of the elections for the general renewal of the technical committees for the establishment of social and social public institutions is fixed by order of the Prime Minister, the Minister for the Public Service and Ministers for Health and Social Affairs. This date is made public at least six months in advance by posting in the institutions concerned. When the election of the members of a technical committee of establishment takes place between two general renewals, in particular in the event of the creation of a technical committee of establishment, the date of the election is fixed by the director of the institution after consultation with the trade union organizations fulfilling, in the public hospital service, the conditions set out in section 9 bis of Act No. 83-634 of 13 July 1983.
"In the event of a merger of establishments within six months of the last or the next general renewal, the technical committee for the establishment of the new establishment thus created shall be constituted on the basis of the cumulative votes obtained by the trade union organizations during the last elections held in each of the pre-existing establishments. The seats shall be allocated to trade union organizations in accordance with the provisions of Articles 315-46 to 315-48 of this Code. »
In the second paragraph of section R. 315-35 of the same code, the words: "reported in the establishment" are replaced by the words: "completing, in the hospital public service, the conditions fixed to the establishmentArticle 9 bis of Act No. 83-634 of 13 July 1983 the rights and obligations of civil servants. »
The second paragraph of section R. 315-36 of the same code is replaced by the following:
"However, cannot be elected:
« 1° Staff on long-term sick leave, long-term leave or severe illness;
« 2° Personnel who have been struck by a temporary demotion or exclusion of duties from three months to two years, unless they have been amnestied or have been relieved of their sanction under the conditions set out in theArticle 14 of Decree No. 89-822 of 7 November 1989 the disciplinary procedure applicable to civil servants in the hospital service;
« 3° Agents with one of the incapacities identified by the Articles L. 5 and L. 6 of the Electoral Code. »
After article R. 315-36 of the same code, it is created two articles R. 315-36-1 and R. 315-36-2 as follows:
"Art. R. 315-36-1.-People's representatives to the technical committee of establishment shall be elected by college by ballot.
"By derogation, it is used to vote on an acronym for the appointment of staff representatives in institutions of less than fifty officers.
"The institution that uses the acronym poll informs the territorial delegation of the regional health agency and the representative of the State in the department so that a list of these institutions can be consulted by the trade union organisations.
"Art. R. 315-36-2.-Applications are submitted by trade union organizations that, in the hospital public service, meet the conditions set out inArticle 9 bis of Act No. 83-634 of 13 July 1983 amended in respect of the rights and obligations of civil servants.
"They are filed with the management of the establishment at least forty-two days before the date fixed for the elections.
"When the administration finds that the trade union organization does not meet the conditions set out in Article 9 bis of the Act of 13 July 1983 referred to above, it shall inform the list representative by reasoned decision and no later than the day after the deadline for the filing of the application.
"In the event of a challenge to the decision of the administration before the competent administrative tribunal, the first period referred to in the fifth paragraph of this article and the first period referred to in the first paragraph of Article R. 315-38 shall run only after notification of the judgment of the administrative tribunal.
"When several trade union organizations affiliated with the same union of civil servants have filed competing applications for the same election, the administration shall, within three days of the deadline for submission of applications, inform the delegates of each of the lists concerned. They then have a period of three days to make the necessary changes or withdrawals of applications.
"If, after the expiry of the latter period, these amendments or withdrawals have not taken place, the administration shall inform within three days the union of the trade unions whose lists are claimed. It then has a period of five days to indicate to the administration, by registered letter with a request for notice of receipt, the list which may avail itself of membership of the union.
"In the absence of this indication, trade union organizations that have filed the lists in question shall not be entitled to the provisions of 2° of Article 9 bis of the Act of 13 July 1983 mentioned above and shall not avail themselves of membership in the union for the purposes of this decree. These trade union organizations can only participate in the election if they themselves comply with the provisions of 1° of Article 9 bis of the Act of 13 July 1983 mentioned above.
"Each union organization can only apply for one election. »
Section R. 315-37 of the same code is replaced by the following provisions:
"Art. R. 315-37.-I. ― Each application must include the name of a delegate who, in the event of a list vote, may or may not be a candidate, designated by the trade union organization in order to represent the nomination in all electoral operations. The union organization may designate an alternate delegate.
"Applications can be common to several trade union organizations.
“II. ― In the event of a list election, no one can be nominated on several lists for the same ballot.
"Each list includes a number of names equal to at least two thirds and not more than the number of seats of incumbent representatives and alternate representatives to be filled in each college, without mentioning each candidate of the quality of the holder or alternate. In addition, it must include an equal number of names for each college at the time of their filing.
"If, for a particular college, a list includes, on the filing deadline set out in section R. 315-36-2, a number of candidates greater than or less than that set out in the fourth paragraph of this section, the trade union organization that has filed this list shall be deemed not to have submitted any candidates for that College.
"The filing of each list is accompanied by a signed declaration of application from each candidate. The deposit is the subject of a receipt from the establishment manager to the list delegate or alternate delegate.
"III. ― When it is used in the election by siege under the conditions set out in the second and third paragraphs of Article R. 315-36-1, the trade union organization shall make an application without the application of Part II of this Article. »
The first, second and third paragraphs of section R. 315-38 of the same code are replaced by the following paragraphs:
"In the eight-day period following the deadline for filing the lists, the Director shall proceed to their verification and shall forthwith bring the irregularities found to the list delegates. They may then make the necessary modifications within five days of the expiry of the eight-day period referred to above. No list may be modified after the expiry of this five-day period. In the absence of any correction at the end of this period, the director shall strike out the unqualified candidates. This list may, however, participate in the elections if it still meets the conditions set out in article I R. 315-37.
"The lists under the conditions set out in the preceding paragraph are immediately posted to the establishment.
"However, if the reasoning of a candidate's ineligibility occurred after the deadline for the filing of the lists, the candidate may be replaced without changing the date of the ballot. »
Section R. 315-39 of the same code is replaced by the following provisions:
"Art. R. 315-39.-The director of the institution shall, after consultation with the trade union organizations presenting their candidature, set the model of the ballot papers and envelopes. The ballots mention the object and date of the ballot, the title of the list and the name of the candidates. The financial burden of ballots and envelopes, their provision and implementation, and the distribution of professions of faith are assumed by the establishment. »
In section R. 315-40 of the same code, the second paragraph shall be replaced by the following provisions:
"A assessor is designated by each trade union organization that has nominated. The number of assailants cannot be less than two. In the event that the trade union organizations have not designated a sufficient number of assailants, the president completes the voting office by calling on active personnel in the establishment. »
In article R. 315-41 of the same code, after the word "organizations" is inserted the word "unions" and the words "lists" are replaced by the words "the candidates".
Section R. 315-42 of the same code is replaced by the following provisions:
"Art. R. 315-42.-Electronic operations take place in the establishment during hours of service. The ballot shall 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 nominated them.
"The vote can be taken by correspondence.
"The proxy vote is not allowed. »
The second paragraph of section R. 315-44 of the same code is replaced by the following:
"The vote takes place by secret ballot. In the event of a list vote, electors can only vote for a list without delisting or adding names and without changing the order of presentation of candidates. In the event of an acronym ballot, electors must not mention the ballot. Any bulletin established in ignorance of any of these conditions shall be void. »
Article R. 315-45 of the same code is amended as follows:
1° The first paragraph is deleted;
2° In the second paragraph, the words: "If not," are deleted.
At 3° of article R. 315-46 of the same code, the word "list" is replaced by the word "application".
Section R. 315-47 of the same code is replaced by the following provisions:
"Art. R. 315-47.-I. ― Staff representatives are elected in each college to proportional representation. The designation of the incumbent members for each college shall be as follows:
"Each trade union organization is entitled to as many seats as staff representatives as the number of votes collected by it contains the electoral quota.
"The seats of incumbent representatives remaining to be filled are allocated according to the highest average rule.
"In the event of a list not having a number of names equal to the number of seats of holders or alternates to be filled, at the time of the nomination or at the end of the procedure provided for in R. 315-38, the trade union organization may not claim to obtain more seats of incumbent representatives and alternate staff representatives than those for whom it has proposed candidates. The remaining seats are not allocated.
“II. ― In the event of a list vote, when for the assignment of a seat of the lists obtain the same average, the seat is assigned to the list having obtained the largest number of votes for the college. If the lists in question raised the same number of votes, the seat is assigned to the seat that has presented the largest number of candidates for the college. If several lists obtained the same number of votes and presented the same number of candidates for a college, the seat is assigned to the union organization having obtained the highest number of votes for all colleges. In the event of equality of votes for all colleges, the seat is assigned to the oldest candidate.
"III. ― In the event of an acronym vote, when for the assignment of a seat of the trade union organizations obtain the same average, it is attributed to the union organization having obtained the largest number of votes for the college. In the event of equality of votes, the seat is assigned to the union organization having obtained the largest number of votes for all colleges. In the event of equality of votes for all the colleges, the seat is awarded by drawing of lots among the trade unions concerned.
"IV. ― Where a joint nomination of a list or acronym has been established by trade union organizations for a college, the distribution of votes cast shall be made on the basis indicated and made public by the trade union organizations concerned at the time of their nomination. This distribution is referred to on applications posted in the polling stations and sections. In the absence of such an indication, the distribution of votes is equal among the trade union organizations concerned. »
In section R. 315-48 of the same code, the third paragraph shall be replaced by the following provisions:
"The President of the polling station shall, within twenty-four hours of the poll, communicate the minutes of the elections to each trade union organization that has submitted its application and to the prefect of the department and to the Director General of the regional health agency. The latter ensures consistency between the minutes and the results transmitted and aggregated at the regional and union level with the results transmitted by each institution.
"The Director General of the Regional Health Agency shall communicate within 48 hours the regional results to the Minister responsible for health.
"Each trade union organization that has obtained one or more seats of representatives holding the technical committee at the conclusion of the vote on acronym shall designate all of its representatives, holders and alternates, within a period not less than fifteen days or more than thirty days after receipt of the record of the elections and communicate the list of these representatives to the director of the establishment.
"The results of the poll are published by posting, without delay, by the settlement manager. »
After article R. 315-48 of the same code, an article R. 315-48-1 is created as follows:
"Art. R. 315-48-1.-When no nominations for a list or acronym were submitted by trade union organizations, a lot was drawn among the electorate agents of the college concerned.
"In addition, in the event of an acronym vote, where the trade union organization cannot designate, within the time limit set out in article R. 315-48, its representatives on the seat(s) to which it is entitled, these seats remain unallocated. The drawing of lots among eligible officers, at the time of designation at the college concerned, is then carried out to fill the remaining seats in the college. »
In article R. 315-49 of the same code, before the words: "Disputations" are inserted the words: "Without prejudice to the provisions provided for in last paragraph of Article 9 bis of Law No. 83-634 of 13 July 1983 bearing the rights and obligations of civil servants."
Article R. 315-54 of the same code is amended as follows:
1° In the second sentence of the first paragraph, the words: "one month" are replaced by the words: "of fifteen days";
2° In the fourth paragraph, the words "or by list referred to in the second paragraph of Article L. 315-13" are deleted.
Section R. 315-57 of the same code is replaced by the following provisions:
"Art. R. 315-57.-The committee shall only deliberate validly if at least half of its members having a deliberate vote are present at the opening of the meeting. When this quorum is not reached, a new meeting is organized within eight days. The committee then sits validly on the same agenda regardless of the number of members present. The provisions of Article R. 315-58 may not be applied. »
In article R. 315-58 of the same code, it is added two paragraphs as follows:
"When a project or question receives a unanimous unfavourable vote on the part of staff representatives, committee members, the project or issue is being reviewed and a new deliberation is being held within eight days and more than thirty days. The convocation shall be sent within eight days to the members of the committee.
"The committee then sits validly regardless of the number of members present. He cannot be called to deliberate once again following this same procedure. »
I. ― By derogation from the provisions of the seventh paragraph of Article R. 315-27 of the Code of Social Action and Families, in its drafting of this decree, the number of representatives to be elected for each college concerned is assessed on the date of April 30, 2011 for the general elections of staff representatives to the technical committee of establishment held in 2011.
II. ― By derogation from the provisions of the first paragraph of article R. 315-32 of the same code 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 each of the institutions concerned.
Sections R. 315-50 and D. 315-64 of the same code are repealed.
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
