Key Benefits:
Publics concerned: Public Habitat Offices (PHPs) and their staff.
Subject: Edict of management rules common to all OPH personnel and of specific rules applicable to any of the two categories of staff employed by them, public servants and non-public law officers, on the one hand, employees who do not fall under the general status of the public service, on the other hand.
Entry into force: immediate.
Notice: this decree follows the adoption of theOrder No. 2007-137 of 1 February 2007 relating to the public offices of habitat and section L. 421-25 of the Construction and Housing Code (Act No. 2009-323 of 25 March 2009 mobilization for housing and the fight against exclusion), which tend to strengthen the working community within the public offices of housing with moderate rent and public offices of development and construction transformed into OPH, by means of a partially unified management of human resources, composed mainly of territorial officials and private employees.
The decree implements the legislative rule that Labour code is applicable to all staff with respect to representative institutions (company committee, staff delegates and hygiene, safety and working conditions committee), hygiene, security, working conditions and occupational medicine, and for the exercise of the right to trade union, subject to specific rules known to adapt to the particularities of the OPH. The decree provides for certain provisions applicable to public officials, in order to retain them the benefit of certain rules of the law of the public service in the areas of the exercise of the right to trade union – in particular maintaining the opportunity to benefit from discharges of service activity – and occupational medicine.
In addition, the decree replaces statutory decree No. 93-852 of 17 June 1993, which applied only to employees of private law of the OPH. It reproduces or updates most of its provisions, many of which adapt the rules of Labour code (with respect to the exercise of the right to organize, certain authorizations for absence, the existence of a disciplinary commission).
References: the text can be found on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of Interior, Overseas, Territorial Authorities and Immigration and the Minister of Labour, Employment and Health,
Considering the construction and housing code, including articles L. 421-1 and L. 421-25;
Vu le Social Security Codeincluding articles L. 911-1 and following;
Vu le Labour code ;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of staff, including article 9 ter, together with Act No. 84-53 of 26 January 1984 amended with statutory provisions relating to the territorial civil service, including articles 8, 12, 88 and 120;
Vu la Act No. 2010-751 of 5 July 2010 relating to the renewal of social dialogue and to various provisions relating to the civil service, including article 34;
See?Order No. 2007-137 of 1 February 2007 amended on public habitat offices, including articles 9 and 10;
Vu le Decree No. 82-447 of 28 May 1982 the exercise of the right to organize in the public service;
Vu le Decree No. 85-397 of 3 April 1985 amended on the exercise of the right to organize in the territorial public service;
Vu le Decree No. 85-447 of 23 April 1985 amended to make available to a trade union organization pursuant to section 100 of the Act of 26 January 1984;
Vu le Decree No. 85-552 of 22 May 1985 amended with respect to the allocation of trade union leave to territorial civil service officials;
Vu le Decree No. 85-603 of 10 June 1985 amended on occupational health and safety, as well as occupational and preventive medicine in the territorial public service, including Article 21;
Vu le Decree No. 86-68 of 13 January 1986 amended with respect to detachment positions, excluding frameworks, availability and parental leave of territorial officials, including article 2;
Vu le Decree No. 87-602 of 30 July 1987 modified for application of Act No. 84-53 of 26 January 1984 bringing statutory provisions relating to the territorial public service and relating to the organization of medical committees, the conditions of physical fitness and the sick leave regime of territorial officials;
Vu le Decree No. 88-145 of 15 February 1988 amended for the purposes of section 136 of the amended Act of 26 January 1984 with statutory provisions relating to the territorial public service and relating to non-public territorial officials;
Vu le Decree No. 94-415 of 24 May 1994 amended with statutory provisions relating to the staff of Parisian administrations;
Vu le Decree No. 2008-1093 of 27 October 2008 relating to the classification of posts and the basic salary scales of staff employed by the public offices of habitat and not covered by the territorial public service;
Considering the opinion of the Conseil supérieur des administrations parisiennes of 24 November 2010;
Having regard to the advice of the Council on working conditions dated 9 December 2010;
Considering the opinion of the Superior Council of the Territorial Public Service of 22 December 2010;
Having regard to the advice of the Standards Advisory Board dated 6 January 2011;
The State Council (Section of Administration) heard,
Decrete:
The provisions relating to the representative institutions of the staff provided for in Titles I, II and III of Book III of Part II of the Labour Code apply to the public offices of the habitat for the benefit of all their staff subject to the modifications provided for in Articles 2 to 9 of this Order.
For the purposes of the threshold provisions set out in Division IV of Book I of the second part of the Labour Code, in Divisions I and II of Book III of the same part of the Code, under Part I of Book VI of the fourth part of the Code and in the articles of this title, the strength of a Public Habitat Office is calculated by adding:
1° The number of employees, who do not fall under the general status of the public service, determined under the conditions provided for in the Articles L. 1111-2 and L. 1111-3 of the Labour Code ;
2° The number of public officials, with the exception of those who fall under this office and are placed in the detachment position under the provisions of Article 2 of Decree No. 86-68 of 13 January 1986 referred to above, in standby or off-frame positions.
Each Public Habitat Office includes a business committee, including where its staff calculated under the terms and conditions set out in section 2 is less than fifty.
In the public offices of the habitat whose staff calculated in accordance with the terms and conditions set out in section 2 is less than fifty, the business committee shall consist of two staff representatives and two alternate staff representatives. He's got a single college.
In addition to the powers set out in chapter III of Book III, title II, of the second part of the Labour Code, the board of business of the Public Office of Habitat shall exercise in respect of public officials employed by that office all the powers under the technical committees set out in section 33 of the above-mentioned Act of 26 January 1984.
The corporate committee ensures or controls the management of social and cultural activities and their budget, in any form, for all staff employed by the public office of the habitat.
The annual contribution of the Public Housing Office for the financing of the social and cultural activities of the Corporate Committee is at least 1.2 per cent of the gross salary mass corresponding to the staff it employs.
Failing a valid pre-election agreement on the distribution of seats between the different categories of staff and the distribution of staff in the electoral colleges to elect staff delegates and staff representatives to the corporate committee and concluded under the conditions of thearticle L. 2314-3-1 or ofarticle L. 2324-4-1 the Labour Code, the administrative authority referred to in Articles L. 2314-11 and L. 2324-13 of the same Code shall decide on that distribution.
In such cases, the distribution of public servants and non-public law officers is as follows:
1° Category A officials and equivalent public officials are assimilated to engineers and executives;
2° Category B officials, officers under the territorial master's employment framework and equivalent public officials are assimilated to technicians and master's officers;
3° Category C officials, other than those under the territorial master's employment framework, and equivalent public officials are assimilated to workers and employees.
For the application of the provisions relating to the composition of the Joint Council of the Public Service provided for in the sixth paragraph of Article 9 ter of the Act of 13 July 1983 referred to abovethe composition of the Superior Council of the Territorial Public Service, as provided for in the third paragraph of section 8 and the composition of the National Centre of the Territorial Public Service as provided for in the fifth paragraph of section 12 of the above-mentioned Act of 26 January 1984, the votes of the territorial officials and non-public officials employed by the public offices of the habitat expressed in the elections to the corporate committees shall be the subject of a separate account. These voices are aggregated with the voices of the other employees of the public housing office who employs them for the implementation of the procedure for assigning the seats of the corporate committee of that office.
The time required for the movement of trade union representatives to the business committee and elected staff representatives to attend meetings scheduled to be held Articles L. 2315-8, L. 2325-14, L. 2325-22 and L. 4614-7 of the Labour Code is paid as actual working time. He's not deducted from hour credits.
The right to organize shall be exercised in the public offices of habitat pursuant to the provisions of Title IV of Book I of Part II of the Labour Code, subject to the provisions of this title and Title III of this Order.
The provisions of this Order do not hinder the application of an agreement providing for more advantageous conditions for the exercise of the right to trade union, concluded between the Director General of a Public Habitat Office and representative trade union organizations.
In any public office of the habitat and whatever its staffing:
1° Each representative trade union organization in this office within the meaning of the provisions of articles L. 2121-1 et seq. of the Labour Code which constitutes a trade union section pursuant to theArticle L. 2142-1 of the Labour Code means one or more union delegates to represent it with the employer under the conditions set out in sections L. 2143-3 and following of the same code;
2° If it is not representative in this office, a union that constitutes a union section pursuant to theArticle L. 2142-1 of the Labour Code may designate a representative of the section to represent him within the Office.
The public offices of the habitat whose staff calculated in accordance with the terms and conditions set out in Article 2 is at least fifty persons shall make available to the trade union organizations that have formed a trade union section, upon their request, of office space. Unless materially impossible, these offices make a separate premises available to each of these organizations.
When the staff of a public housing office reaches at least five hundred people, the provision of separate premises is of law.
The premises made available to trade union organizations by a public office of the habitat are, unless materially impossible, located within the administrative buildings. In the event of such an impossibility, these premises may be located outside the premises of the administrative buildings. If rented, this office supports the corresponding rental charge.
These premises include the equipment necessary for the exercise of trade union activity.
During the construction or development of new administrative premises, the existence of premises assigned to trade union organizations is taken into account.
Union organizations that have formed a trade union section may hold meetings in the premises of a public housing office outside the working time. These organizations may also hold meetings during working hours but, in such cases, only staff members who are not in service or who are granted special leave of absence may attend.
The same trade union organizations or those represented in the Superior Council of the Territorial Civil Service are also allowed to hold, during working hours, a one-hour monthly briefing. The same trade union organization can consolidate several of its monthly information hours per quarter.
A staff member of an office has the right to participate, at his or her choice, at a monthly time of information under the conditions set out in the preceding paragraph.
Any trade union representative mandated for this purpose by a trade union organization, even if it is not part of the staff of the office where the meeting takes place, has free access to the meetings held by this organization in this office.
The meetings referred to in section 14 are subject to a prior request for an organization, made with the Director General of the Public Habitat Office at least one week before the date of the meeting. They are allowed in the light of service requirements.
Trade union documents may be distributed to staff at the Public Habitat Offices. They are provided for information to the Director General.
When they take place during the working time, these distributions are provided by staff outside their working time, by staff representatives on their delegation time, by union delegates or by union representatives on their hour credit. They cannot affect the proper functioning of the services.
I. ― Special authorizations of absence are granted to staff of the Public Habitat Office mandated by trade union organizations to attend trade union congresses or meetings of governing bodies of which they are elected members, regardless of the level of that body in the structure of the union.
II. ― The duration of special leave granted under I to the same staff member shall not exceed ten days a year in the case of participation in the congresses of national unions, federations and confederations of trade unions.
This limit is extended to twenty days a year when this staff member is called upon to participate in international trade union conferences or meetings of the governing bodies of international trade union organizations, national unions, federations, confederations and departmental, interdepartmental and regional statutory bodies.
III. ― Special authorizations for absence are also granted to the staff of the office appointed by the trade union organizations to participate in the congresses or statutory meetings of governing bodies of trade union organizations at a level other than those indicated in this article.
These authorizations are issued within the limits of a total contingent determined annually by the Public Habitat Office at a special absence hour per thousand hours of work performed by all of its staff. This quota is distributed among trade union organizations based on the votes obtained during the elections for the appointment of staff representatives to the business committee.
IV. ― In the absence of a more favourable collective agreement, additional special absence authorizations are also granted to staff mandated by trade union organizations and regularly convened at meetings for the negotiation of national agreements with the National Federation of Public Habitat Offices and meetings of national parity bodies for the management of these agreements, as well as meetings organized on the convening of the Ministry for Housing and the Social Union for Habitat.
Each trade union delegate has a necessary time to perform its duties. This time is at least twenty hours a month. This time may be exceeded in exceptional circumstances.
I. ― The staff of the public offices of the habitat subject to this Order shall be entitled to a trade union training leave with pay for a maximum of twelve working days per year, under the same conditions as those provided by the Order. decree of 22 May 1985 referred to above. In offices with a minimum of one hundred persons calculated in accordance with the terms and conditions defined in Article 2, such leave shall be granted within the limit of 5% of the actual number of employees and under conditions fixed by the business agreement entered into within each board.
II. ― In addition to this leave, any employee under Title II of this Order shall be entitled to unpaid leave for trade union functions outside the Public Housing Office, during which the employment contract is suspended. The collective agreement concluded within this office specifies the minimum and maximum durations of this leave, the conditions of seniority required to obtain it, the material conditions to request the benefit and the modalities of professional reintegration within this office after the leave.
Disposals or discharges of activity of staff of the public offices of the habitat for the exercise of trade union activities and for which the public offices of the habitat make a financial contribution apply under the conditions of the special regime of the public offices of the habitat defined by an extended collective agreement, relating to the exercise of the trade union right signed between the National Federation of Public Offices of the Habitat and representative trade union organizations.
The provisions relating to occupational medicine set out in Book VI II of Part IV of the Labour Code apply to all personnel employed in the public offices of the habitat, subject to the provisions of sections 53 to 56 of this Order.
The provisions of this title including sections 22 to 46 are applicable to personnel employed by the public offices of the habitat and who do not have the quality of a public officer, referred to as "employees under this title".
Subject to the provisions of this heading, the provisions of Labour code apply to these personnel.
The provisions of this title may be supplemented by an extended collective agreement, concluded at the national level between representatives of the National Federation of Public Habitat Offices and representatives of representative trade union organizations.
The annual negotiation specific to each public office of the habitat provided for in Chapter II of Book II, Part II, of the second part of the Labour Code also focuses on the predicted annual evolution of the total gross wage mass of employees under this title and on occupational evolution in the company.
At each job is established a written work contract, which specifies the category and level of employment occupied by the employee according to the articles 2 and 3 of the decree of 27 October 2008 referred to above and the conditions of his or her appointment, including the duties of the individual, his or her professional qualification, the duration and hours of work, the remuneration, the special benefits attached to the function and the possible hardships related to his or her employment.
Without prejudice to the application ofArticle R. 2262-1 of the Labour Codea copy of this decree and a copy of decree of 27 October 2008 referred to above are attached to this contract.
When recruiting employees from another public office of housing, an anonymous company of moderate rented dwellings, an anonymous cooperative company for the production of moderate rented dwellings or an anonymous cooperative company of moderate rented housing interest, the duties and remuneration of these staff are fixed taking into account the experience gained and the corresponding seniority.
Subject to the modifications set out in this chapter, employees under this title may be interested under a collective agreement entered into within the Public Housing Authority pursuant to articles L. 3311-1 et seq. of the Labour Code.
The total amount of premiums distributed to beneficiaries may not exceed 20% of the total gross salaries paid to the persons concerned annually and, where applicable, the annual remuneration of the Director General if the Director General also benefits from the agreement under section R. 421-20-1 of the Construction and Housing Code.
However, where the operating result of this office is deficit prior to the accounting of equilibrium subsidies, the payment limit is set at 2% of the total referred to in the preceding paragraph.
The travel, transportation and living expenses that are exposed by employees under this heading in connection with the travel they make for the needs of the job, shall be reimbursed in terms of terms and rates set by collective agreement. In the absence of such an agreement, these costs are reimbursed according to the tax scale for actual professional costs.
Prior to April 30 of each year, for each employee under this title, an evaluation of his or her previous year's activity is carried out. She was interviewed with the employer.
On this occasion, the professional evolution of the employee and that of his remuneration are mentioned.
Each employee under this title is entitled, upon request, to an annual interview with a member of the general management of the Public Habitat Office.
Employees under this heading are subject to the general social security regime and to the complementary pension institution regime for non-State and community-based workers (IRCANTEC).
For the purposes of the provisions of sections L. 911-1 et seq. of the Social Security Code, the establishment at the national level of a supplementary pension plan or supplementary pension plan for the benefit of employees under this title shall be carried out by means of a collective agreement between the representatives of the National Federation of Public Housing Offices and representatives of representative trade union organizations and extended by order of the competent minister. At the level of the Public Office of Habitat, these collective guarantees are established either through a collective agreement or as a result of the ratification by a majority of the interested parties of a draft agreement proposed by the Director General, or by a unilateral decision of the Director General found in a written submission to each individual concerned.
I. ― Where an employee under this title is in a position of incapacity for work justified by the sending of medical certificates, he shall receive an allowance calculated in such a way that, for a period of twelve consecutive months, he shall retain the benefit of his gross salary subject to social pay expenses for the first three months of illness and half of that remuneration for the following nine months.
When an employee under this title has a condition, duly recognized and controlled under the conditions prescribed by theArticle L. 324-1 of the Social Security Code, making it impossible to perform its duties, which makes it necessary for costly and prolonged treatment and care and which is on the list provided for in article D. 322-1 of the same code, it receives a calculated allowance so that, for a period of up to three consecutive years, it retains the benefit of its gross salary subject to social pay expenses for one year and half of that salary for the next two years.
The compensation payable under either of the preceding two paragraphs shall be payable until the employee is in a position to resume his or her work or to the recognition of the state of disability or, at the latest, until the day on which his or her old-age pension is terminated.
II. ― If the employee's inability to work results from an occupational injury or illness recognized by the general social security system, he/she receives an allowance calculated in such a way that he/she retains all of his gross salary subject to social pay expenses until he/she is in a position to resume his/her work or to the recognition of the state of permanent incapacity or, at the latest, to the pension security
III. ― In each of the cases referred to in I and II of this article, shall be deducted from the amount of compensation paid to the employee the benefits paid to that employee by the general social security system. The employee would not be eligible to receive an amount in excess of the net salary he would have earned if he had worked.
IV. ― The duration of the periods of incapacity for work set out in this section shall be taken into account for the calculation of seniority within the Public Office of Habitat.
The rightful, in the sense of Articles L. 161-14-1, L. 313-3 and L. 381-4 of the Social Security Code, an employee under this title who dies prior to retirement shall, at the time of death and whatever cause, be entitled to death.
This capital is equal to twelve times the average monthly remuneration received by the deceased employee during the last ten months of activity.
Such death shall be deducted from the similar benefits provided by the general social security system and by the IRCANTEC, as well as, if any, by any other supplementary pension plan that the public housing office would have put in place under the conditions set out in article 30 of this decree.
Special leave of absence, whose duration is not charged to annual leave, shall be granted to employees under this heading for certain events, in accordance with a collective agreement or an extended collective agreement, concluded at the national level between representatives of the National Federation of Public Offices of Habitat and representatives of representative trade union organizations.
When employees under this title occupy local elective public functions that are compatible with the performance of their duties in the public office of housing, they shall be guaranteed to local office holders and the right to training local elected officials recognized by the general code of territorial authorities.
Otherwise, their employment contract is suspended for the duration of their term of office.
Employees under this heading who are required to perform their national service pursuant to Book II of the National Service Code, a period of military instruction or activity in the operational reserve on their working time for a period of less than or equal to 30 days in a calendar year or a period of activity in the civil security reserve for a period of less than or equal to fifteen days in a calendar year or who are mobilised shall be provided with the following provisions:
1° In the event of an appeal to the national service, the employment contract is suspended. Upon expiry of this service and upon request made by the employee within the maximum period of two months, he or she finds his or her former employment or, failing that, an equivalent job and enjoys all the benefits acquired at the time of departure. If the application is not filed within the specified time limit, the employment contract shall be terminated without compensation or notice;
2° In the event of a period of military instruction, period of activity in the operational reserve or period of activity in the communal civil security reserve, the employee shall receive his or her salary in full;
3° In the event of a mandatory mobilization period, the officer receives his salary, deducting the amount of the military balance.
The duration of the absences for the reasons described in 1° to 3° shall be counted for the calculation of the seniority. The periods described in 2° are considered to be an effective working period for the legal and conventional benefits of seniority, advancement, paid leave and social benefits.
Employees under this title may, on an exceptional basis and after one year of seniority, receive leave without pay:
1° In the case of serious injury or illness of the spouse, concubine, partner bound by a civil pact of solidarity or a child or after a long sick leave as defined in section 31 and without prejudice to provisions of articles L. 1225-62, L. 3142-16 and L. 3142-22 of the Labour Code. The length of such leave may not exceed three years;
2° For personal convenience, for a period of three months to one year or more.
At the end of this leave, the employee regains his or her employment or similar employment with at least equivalent remuneration.
The duration of parental education leave granted to an employee under this title under theArticle L. 1225-47 of the Labour Code is taken into account in its entirety for the calculation of seniority.
In each public office of the habitat, an employee under this title may refer to a disciplinary board of any proposed sanctions against him or her that has an immediate or non-immediate impact on his or her presence in that office, function, career or remuneration. However, it cannot be seized with a draft precautionary measure of establishment.
The commission shall meet at the request of the employee, made no later than one day free of charge from the scheduled maintenance date, as the case may be, in section L. 1232-2 orArticle L. 1332-2 of the Labour Code and on the convocation of his president. The summonses shall be transmitted at least eight days before the date of the meeting. A summons is also transmitted by the same authority and within the same time limits to the employee concerned.
The commission consists of two representatives of the general management of the Public Habitat Office and two staff representatives.
Representatives of the general management of this office shall be appointed, prior to each session of the commission, on the basis of volunteerism, by the Director General and shall include:
1° A member appointed from the senior management, who chairs the commission;
2° A hierarchical officer from the service to which the employee concerned reports, excluding the employee's direct supervisor.
In the absence of a volunteer, the Director General shall designate the representatives of the general management.
The corporate committee shall designate two members for each college to serve as staff representatives. The two members of the college representing the category of staff to which the employee belongs sit as representatives of the staff at a committee meeting concerning him.
When the appointment of two members per college is impossible due to insufficient numbers of electives, the number of staff representatives appointed by the corporate committee is reduced to one per college. The member called to sit at a committee session is the member from the college representing the category of staff to which the employee concerned belongs. In such a case, the representation of the general management is also reduced to a single member, appointed by the Director-General and chairing the commission.
No one may sit on the board if he is subject to disciplinary proceedings. If one of the representatives designated by the business committee is in this situation, the business committee shall designate before the scheduled session, and under the conditions set out in the preceding paragraph, another of its members to sit on the board.
The time spent by representatives of general management and staff in the meetings of the disciplinary committee is equivalent to actual working time.
The Commission's secretariat is provided by the Secretary of the Corporate Committee.
The employee under this title must be able to be heard, at his request, by the commission. He may be assisted by a person of his or her choice before the commission, ask for the hearing of witnesses and produce a written record and any documents appearing to him to be of interest to his defence.
The time spent by the employee to attend the commission and to be heard by it is assimilated to actual working time.
The employee's direct supervisor may be heard by the commission.
The Commission issues its opinion at the end of its session.
The notice issued by the commission is written by its president and subject to the commission's deliberation. It is returned outside the employee's presence and transmitted to the general manager and the employee concerned.
The minutes of the meeting indicating the positions expressed during the meeting are drafted by the Secretary of the Committee, who attends the meeting without taking part in the discussions. It is submitted for signature by members of the commission. It shall be notified to the person concerned by the Director General, at the latest at the time of notification of the possible sanction decision.
The notice of the commission and the record of its session constitute parts of the disciplinary record of the employee concerned.
The proceedings, opinions and minutes of the commission are confidential.
In the absence of a more favourable collective agreement, in the event of resignation, the employee under this title whose employment is classified in the categories "framework" or "management" as provided by an extended collective agreement or, if not, by the provisions of Article 2 of the Decree of 27 October 2008 referred to above must notify the organization in writing at least two months before the date on which it wishes to leave the public office of the habitat.
This period is reduced to one month for employees under this title whose employment is classified within the categories "workers", "workers", "technical" or "control agents and assimilated" as provided by an extended collective agreement or, if not, by the employees provisions of Article 2 of the Decree of 27 October 2008 referred to above.
In the absence of a more favourable collective agreement, in the event of termination, the employee under this title whose employment is classified in the categories "framework" or "management" as provided by an extended collective agreement or, if not, by the article 4 of the decree of 27 October 2008 referred to above has a period of three months. This period applies regardless of the employment occupied by the employee when he or she has a job accommodation.
This same period is reduced to two months for other employees under this heading.
Employees under this title who are subject to termination proceedings or who are resigned are entitled to two hours a day or fifty hours a month on working time to seek employment, those hours that may be consolidated.
I. ∙ Except in the case of termination for serious or heavy misconduct, employees under this title who are terminated are entitled to compensation calculated by reference to the highest of the following values: three-quarters of the overall remuneration for the twelfth of the remuneration for the last twelve months, or one-third of the remuneration for the last three months.
The value is multiplied by the number of years of seniority, with any portion of service greater than six months counted for one year, without the total amount being able to exceed twelve times the monthly remuneration for the calculation of this allowance.
II. ― Employees who have more than two years of uninterrupted seniority on the date of termination shall also receive a special allowance of one twentieth month per year of seniority.
III. ― The termination allowance shall be calculated by taking into account, where applicable and in addition to the seniority acquired in the public office of the accommodation, the duration of the employee's duties in that establishment prior to its transformation into a public office of the habitat.
Employees under this heading who justify a minimum of two years of seniority within the Public Housing Office or within the Public Housing Authority or the Public Planning and Construction Office, prior to its transformation into the public office of the housing, shall receive, at the time of their retirement, an allowance equal to that of the compensationArticle L. 1237-9 of the Labour Code.
I. ― Officials placed in a detachment position with the public offices of the habitat, including those who are detached from their own institutions pursuant to the fifth paragraph of Article 120 of the Act of 26 January 1984 referred to above, and with the exception, if any, of the employee who is seconded to serve as Director General, are subject to the provisions of Articles 24 and 28 of this Order.
They shall be entitled to the provisions of Articles 25, 27 and 31 to 37 of this Decree if they are more favourable to them than the statutory provisions that govern them in their original bodies or employment frameworks.
II. ― Pursuant to a deliberation of the board of directors, public officials employed by a public office of housing may benefit from the interest of employees set up in this institution pursuant to articles L. 3311-1 et seq. of the Labour Code and section 26 of this Order. In this case, the total mentioned in this article includes the sum of the gross remuneration paid to them.
I. ― Territorial officials or those referred to in section 118 of the above-mentioned Act of 26 January 1984, which, while under the public office of housing, are placed in one of the positions provided for in section 55 or that are detached to the institution under the fifth paragraph of the IV of section 120 of that Act and which require, under the last paragraph of the IV of the same section, to be permanently subject to the provisions applicable to employees
II. ― The rule set out in I is also applicable to non-public law officers recruited by public boards of moderate rented dwellings prior to their transformation into a public office of development and construction or prior to their transformation into a public office of housing and benefiting from an indefinite contract that requires to be permanently subject to the provisions applicable to employees of the public office of housing under Part II of this Order.
Territorial officials and non-public law officers employed by public housing offices shall, in addition to the landfills they receive pursuant to sections 17 to 20 of this Decree, discharges of service activity planned for territorial officials and public institutions affiliated with territorial public service management centres under the conditions established by local public service officials articles 17 and 18 of the decree of 3 April 1985 referred to above. However, they are not taken into account in the number of officers used to calculate the extent of these discharges of service activity.
Upon presentation of their summons to these bodies, the union representatives appointed to serve on the Joint Administrative Committees or the Superior Council of the Territorial Public Service, the National Centre of the Territorial Public Service or the Joint Council of the Public Service shall be granted leave of absence, the duration of which shall include the time limits, the expected duration of the meeting and a time equal to that last period to allow the parties to ensure the preparation and reporting of the work.
Territorial officials and non-public law officers employed by the Public Habitat Offices may be made available to a trade union organization to exercise a national mandate under the conditions established by the decree of 23 April 1985 referred to above and by provisions of Article 20 of the Decree of 3 April 1985 referred to above.
I. ― Officials referred to in section 118 of the above-mentioned Act of 26 January 1984 employed by the public offices of the habitat may benefit from discharges of service activity attributed to trade union organizations under the conditions provided for in the last paragraph of Article 16 of the Decree of 28 May 1982 referred to above in its writing applicable to the staff of the Paris administrations, pursuant to the 5th of Article 24 and 3° of Article 25 of the decree of 24 May 1994 referred to above.
II. ― Upon presentation of their summons to these bodies, when they are called as union representatives to serve on the Conseil supérieur des administrations parisiennes, in the administrative boards of paritaires or to participate in working groups or in meetings organized by the City of Paris, they are granted leave of absence, the duration of which includes the delays of the road, the foreseeable duration of the meeting and a time equal to the last duration of the meeting.
Public Habitat Offices may, for their territorial officials and non-public law officers, use the Preventive Medicine or Occupational Risk Prevention Service established by the Territorial Public Service Management Centre.
The management centre doctor has free access to the office's work premises.
The provisions of sections R. 4624-10 to R. 4624-15 of the Medical Examinations Labour Code do not apply to territorial officials or non-public law officers employed by the Public Habitat Offices.
For these officers, physical fitness examinations are those provided under the Title II of the above-mentioned Decree of 30 July 1987 and Title I of the decree of 15 February 1988 referred to above, whose work doctor cannot be charged.
In addition, these officers are subject to a medical examination by the occupational doctor prior to taking office. The staff member is informed of the position to which staff members are assigned.
♪ provisions of articles R. 4624-31 and R. 4624-32 of the Labour Code, with respect to the declaration of incapacity, does not apply to territorial officials and non-public law officers employed by public housing offices. The occupational doctor shall exercise the duties of the doctor of professional and preventive medicine by the Decree of 30 July 1987, the authorized physician continuing to exercise the powers vested in him by the same decree.
Territorial officials and non-public law officers employed by public housing offices benefit from provisions of Article 21 of the Decree of 10 June 1985 referred to above.
I. ― When public officials of a public housing office participated, as eligible electors and persons, in the last election of staff delegates and staff representatives to the corporate committee that took place prior to the date of publication of this Order, pursuant to an agreement as provided for in the Agreementsection 9 of the order of February 1, 2007 referred to above, the mandates of these delegates and this business committee shall continue until the date referred to in the III of this section.
II. ― However, when a public housing office has put in place, before the date of entry into force of this decree, staff delegates and an enterprise committee pursuant to the provisions of Book III titles I and II of Part II of the Labour Code without the participation in the corresponding elections of the public agents it employs, these institutions remain in force until the election and installation, within a period of six months from now During this transitional period, these public officials are referred to the Territorial Civil Service Technical Committees.
III. ― In application ofArticle 34 of the Act of 5 July 2010 referred to abovein order to allow the elections of the staff representatives to the works councils of the public housing offices to be held on the same date as the elections for the renewal of the staff representatives to the technical committees of the territorial public service, the terms of reference of the staff representatives to the business committees and of the staff delegates from the last election that took place before the date of entry into force of this decree under the conditions set out in I of this section or arising from the first election
I. ― Until the date of the first general renewal referred to in the III of Article 57, staff representatives to the Territorial Civil Service Technical Committees following the coming into force of this Order and by derogation from section 49 of the same Order:
1° Territorial officials and non-public law officers employed in a public housing office may, where their number in that institution is less than fifty, benefit from special absence authorizations provided for in thearticle 14 of the decree of 3 April 1985 referred to above. However, they are not taken into account in the number of officers serving the calculation of the overall contingent by the corresponding management centre;
2° Territorial officials and non-public law officers employed in the budget of the public offices of the habitat are taken into account by the management centres in the number of officers used to calculate the extent of discharge of service activity under the conditions established by the articles 17 and 18 of the decree of 3 April 1985 referred to above.
II. ― For the purposes of the provisions of section 20 of this decree, the provision or discharge of the activity of members of the public offices of the habitat for the exercise of trade union activities and for which these offices make a financial contribution continue to apply under the conditions of the special regime of public offices as defined by the convention on the exercise of the right of trade union signed between the National Federation of Public Offices of the
Negotiation for the conclusion of such an agreement shall be commenced within six months from the date of publication of this decree.
Within six months from the date of publication of this Order:
1° Each Public Habitat Office engages in negotiations with representative trade union organizations with a view to the conclusion of a corporate collective agreement concluded under the conditions and limits set out in theArticle L. 2233-2 of the Labour Code and, as the case may be, implementing this decree or bringing into conformity the collective agreements reached pursuant to the decree of 17 June 1993 referred to in the provisions of this decree. This negotiation is separate from the mandatory negotiations under the Labour code ;
2° On the basis of Article 30 of this Decree, the National Federation of Public Offices of Habitat and representative trade union organizations are engaged in the negotiation of a collective agreement with the aim of, inter alia, supplementing the guarantees provided for in Articles 31 and 32 for the benefit of employees under Title II of this Decree and their beneficiaries.
The Public Offices of Habitat shall be granted a period of one year from the publication of this Order to comply with the provisions on occupational health set out in section 21 and sections 53 to 56.
The Public Housing Offices of the Public Housing Offices of the State Housing Authority with moderate rent whose contribution to the financing of social and cultural activities reported to their gross payroll is less than the minimum rate set out in section 6 of this Order at the date of its entry into force shall be granted a period of three years from that date to reach this rate.
In the absence of an establishment agreement setting out the terms and conditions of the contribution during the transitional period referred to in the preceding paragraph, the boards shall, as such, pay a percentage of the gross salary mass of the year fixed to:
1° 0.8% in the first year of operation of the business committee;
2° 1% in the second year;
3° 1.2 % in the third year.
A lArticle 2 of Decree No. 85-397 of 3 April 1985 in relation to the exercise of the right to organize in the territorial public service, the words: "to officials of the public offices of moderate rented dwellings" are deleted.
Are repealed:
1° The Decree No. 86-518 of 14 March 1986 amending the building and housing code and relating to public development and construction offices;
2° The Decree No. 93-852 of 17 June 1993 the statutory regulation of personnel not subject to the status of the territorial public service employed by the public development and construction boards and amending the construction and housing code as well as the annex to this decree;
3° The Decree No. 2006-1132 of 8 September 2006 the contract and the terms and conditions of separation of functions of the directors general of the public development and construction offices.
The Public Habitat Offices inform their staff of the provisions of this Order in Council under the conditions set out in articles R. 2262-1 and following of the Labour Code.
The Minister of Ecology, Sustainable Development, Transport and Housing, the Minister of Interior, Overseas, Territorial Authorities and Immigration, the Minister of Labour, Employment and Health, the Minister of Budget, Public Accounts, Public Service and State Reform, Spokesperson of the Government, and the Secretary of State to the Minister of Housing and the Minister of Ecology,
Done on 8 June 2011.
François Fillon
By the Prime Minister:
The Minister of Ecology,
Sustainable Development,
Transport and housing,
Nathalie Kosciusko-Morizet
The Minister of the Interior,
of the Overseas, territorial authorities
and immigration,
Claude Guéant
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 Ecology,
Sustainable Development,
Transport and housing,
Housing Officer
Benoist Apparu
