Key Benefits:
The Prime Minister,
On the report of the Minister of Labour, Employment and Health,
Vu le Defence codeincluding articles L. 4139-1, L. 4139-2 and L. 4139-3;
Vu le National Service Codeincluding articles L. 63 and L. 120-33;
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 le Decree No. 88-976 of 13 October 1988 amended on certain positions of hospital staff;
Vu le Decree No. 97-487 of 12 May 1997 Amending the common provisions applicable to interns of the public hospital service;
Vu le Decree No. 2007-196 of 13 February 2007 amended on the qualification equivalencies required to compete in public service access competitions and employment frameworks;
Vu le Decree No. 2007-837 of 11 May 2007 Amending the common provisions applicable to staff in category B of the hospital public service;
Vu le Decree No. 2007-1191 of 3 August 2007 relative to the advancement of rank in certain bodies of the hospital public service;
Vu le Decree No. 2010-311 of 22 March 2010 concerning the modalities of recruitment and reception of nationals of the Member States of the European Union or of another State Party to the agreement on the European Economic Area in a body, employment framework or employment of the French 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 bodies of civil servants classified in category B by their particular statutes, which are annexed to this decree, are subject to the provisions of this decree.
The specific statutes of these bodies specify the missions of the staff concerned.
Each body has three grades:
1° The first and second grades are thirteen steps;
2° The third grade, the highest grade, has eleven ranks.
The recruitment of the members of the bodies referred to in Article 1 shall take place in the first grade of these bodies, under the conditions defined in Section 1.
It may also intervene in the second grade of these same bodies, under the conditions defined in section 2.
I. ― Recruitment in the first grade shall be carried out as follows:
1° External competition:
This competition is open to candidates with a bachelor's degree or a degree classified at least level IV or a qualification recognized as equivalent to any of these titles or diplomas under the conditions set by the decree of 13 February 2007 referred to above ;
2° Internal competition:
This competition is open to officials and officials of the institutions referred to in Article 2 of the Act of 9 January 1986 referred to above, to officials and officials of the State, the territorial authorities and public institutions who depend on it, to the military and to the officers in office, in an international intergovernmental organization on the date of registration, with at least four years of public services on 1 January of the year for which the competition is held.
This competition is also open to candidates for four years of service to an administration, agency or institution referred to in the second paragraph of Article 29 of the Act of 9 January 1986 referred to above, under the conditions set out in that paragraph;
3° After registration on a suitability list established after notice by the competent administrative board:
Can be registered on this suitability list officials belonging to a category C body or the same level whose list is fixed by decree in the Council of State, justifying at least nine years of public services.
These recruitments may, however, take place for some bodies by means of professional examination, under conditions fixed by decree in the Council of State.
II. ― Recruitment in the first grade may also give rise to a third competition on open examinations for candidates justifying, as of January 1st of the year under which it is open, the exercise for at least four years of one or more of the professional activities or one or more of the mandates mentioned in the 3rd of Article 29 of the Law of 9 January 1986 referred to above.
The professional activities taken into account under this competition must have been carried out in areas commensurate with the missions to staff of the first rank of the body concerned.
The periods in which the exercise of one or more activities or one or more mandates has been concurrent are taken into account only in one title.
As part of the proportions provided by the statutory provisions applicable to each body, the number of places offered to the contests mentioned in 1° and 2° of I and II of Article 4 is determined by decision of the authority vested in the power of appointment.
When there is only one position to be filled in an institution, the authority invested in the appointing authority in that institution may in no way offer this place either in the external competition or in the internal competition.
I. ― Recruitment in the second grade shall be carried out as follows:
1° External competition:
This competition is open to candidates who hold a title or a degree sanctioning two years of training classified at least level III, or a qualification recognized as equivalent to one of these titles or diplomas under the conditions set by the decree of 13 February 2007 referred to above ;
2° Internal competition:
This competition is open to officials and officials of the institutions referred to in Article 2 of the Act of 9 January 1986 referred to above, to officials and officials of the State, the territorial authorities and public institutions who depend on it, to the military and to the officers in office, in an international intergovernmental organization on the date of registration, with at least four years of public services on 1 January of the year for which the competition is held.
This competition is also open to candidates for four years of service to an administration, agency or institution referred to in the second paragraph of Article 29 of the Act of 9 January 1986 referred to above, under the conditions set out in that paragraph;
3° By means of a professional examination accessible to officials belonging to a category C body or the same level whose list is fixed by decree in the Council of State, justifying, as of January 1st of the year under which appointments take place, eleven years of public services.
II. ― Recruitment in the second grade may also give rise to a third competition on open examinations for candidates justifying, as of January 1st of the year under which it is open, the exercise for at least four years of one or more of the professional activities or one or more of the mandates mentioned in the 3rd of Article 29 of the Law of 9 January 1986 referred to above.
The professional activities taken into account under this competition must have been carried out in areas commensurate with the missions to staff in the second grade of the body concerned.
The periods in which the exercise of one or more activities or one or more mandates will be taken into account only in one title.
As part of the proportions provided by the statutory provisions applicable to each body, the number of places offered to the contests mentioned in 1° and 2° of I and II of Article 6 is determined by decision of the authority vested in the power of appointment.
When there is only one position to be filled in an institution, the authority invested in the appointing authority in that institution may in no way offer this place either in the external competition or in the internal competition.
The rules for the general organization of the examinations and examinations referred to in sections 4 and 6, as well as the nature and program of the tests, shall be determined by joint order of the Minister for Health and the Minister for Public Service.
The conditions for organizing these competitions and professional examinations as well as the composition of the jury are set by decision of the authority vested with the power of appointment.
When they are opened on behalf of several establishments in a department, the competitions referred to in Articles 4 and 6 are organized by the authority vested with the appointing authority of the establishment of this department with the largest number of beds.
The maximum number of appointments that may be pronounced under the 3rd I of Article 4 and 3rd I of Article 6 shall be determined by a proportion of the appointments made after the organization of the contests referred to in Articles 4 and 6 and by reason of long-term detachments in the body concerned by the statutory provisions applicable to each body.
However, this number may be calculated by applying a proportion of one-fifth to 5% of the number of employees in the position of activity and detachment in the body as at December 31 of the year preceding that in respect of which these appointments are made, where this method of calculation allows a higher number of appointments than that resulting from the application of the statutory provisions applicable to each body.
Competitions organized under articles 4 and 6 can be common to several bodies.
In this case, the candidates choose, in order of preference, the bodies in which they wish to be appointed. Appointments are made based on the classification order and preferences of the interested parties.
I. ― Applicants received at one of the contests mentioned in 1° and 2° of I and II of Article 4 are appointed interns of the body concerned and perform a one-year internship. They may, during the duration of the internship, be required to attend a period of vocational training.
II. ― Candidates received at one of the contests mentioned in 1° and 2° of I and II of Article 6 are appointed interns of the body concerned and perform a one-year internship. They may, during the duration of the internship, be required to attend a period of vocational training.
III. – The organization of the internship referred to in I and II shall be determined by order of the Minister for Health. During the course, the persons concerned are subject to the provisions of the decree of 12 May 1997 referred to above.
IV. ― Appointments are pronounced by the appointing authority.
V. ― At the end of the internship, trainees whose services have given satisfaction are held.
Trainees who have not been held at the end of the course may be allowed to complete a complementary internship for up to one year.
Trainees who have not been allowed to perform a complementary internship or whose complementary training has not given satisfaction are either terminated if they did not previously have the quality of an employee, or reintegrated into their original body or employment framework.
The duration of the internship is taken into account for the progress of one year.
Staff recruited pursuant to the 3rd I of Article 4 and 3rd I of Article 6 shall be held as soon as they are appointed.
I. ― Staff members recruited, pursuant to Article 4, in the first rank of one of the bodies governed by this Decree shall be classified, upon appointment, at the first step of that rank, subject to the provisions mentioned in II to V and articles 14 to 20.
II. ― Public servants belonging to a category C or level of employment that hold a grade on a scale 6 are classified in accordance with the following correspondence table:
| Special | 11th | Formerly acquired within two years |
| 7th step | 10th | 1/2 of the acquired seniority, increased by one year |
| Step 6: | | |
| ― from a year six months | 10th | 2/5 of seniority acquired beyond a year six months |
| before a year six months | 9th | Twice acquired seniority |
| 5th step | 8th | Formerly acquired |
| Step four: | | |
| ― from one year eight months | 8th | Not old |
| - before a year eight months | 7th | 9/5 of acquired seniority |
| Step three: | | |
| ― from two years | 7th | Not old |
| - before two years | 6th | 3/2 of acquired seniority |
| 2nd step: | | |
| ― from a year | 6th | Not old |
| - before a year | 5th | Double acquired seniority, increased by one year |
| 1 step | 5th | Older acquired beyond a year |
| 11th step | 9th | Formerly acquired within two years |
| Step 10: | | |
| ― from a year | 9th | Not old |
| - before a year | 8th | 1/2 of the acquired seniority, increased by two years six months |
| 9th step: | | |
| from six months | 8th | 5/7 of seniority acquired beyond six months |
| before six months | 7th | Older acquired aged two and six months |
| 8th step | 7th | 5/8 of acquired seniority |
| 7th step | 6th | 3/4 of acquired seniority |
| Step 6: | | |
| – from two years and six months | 6th | Not old |
| before two years and six months | 5th | 4/5 of the acquired seniority, increased by one year |
| Step 5: | | |
| ― from two years | 5th | Formerly acquired beyond two years |
| - before two years | 4th | 1/2 of the acquired seniority, increased by one year |
| Step four: | | |
| ― from two years | 4th | Formerly acquired beyond two years |
| - before two years | 3rd | 1/2 of the acquired seniority, increased by one year |
| Step three: | | |
| ― from a year | 3rd | Older acquired beyond a year |
| - before a year | 2nd | Older acquired aged one year |
| 2nd step: | | |
| from six months | 2nd | 2/3 of the old age acquired beyond six months |
| before six months | 1 | Older acquired six months |
| 1 step | 1 | 1/2 of acquired seniority |
Persons who justify, prior to their appointment in one of the bodies governed by this Order, services performed as a non-permanent public officer, former civil servant or agent of an intergovernmental international organization are classified, at the time of their appointment, in the first rank of the body at a specified level, taking into account the services performed in a level of employment at least equivalent to that of Class B at the rate of three-quarters of their duration, and those
Persons who, prior to their appointment in one of the bodies governed by this decree, justify the exercise of one or more professional activities carried out under a legal regime other than that of a public officer in the capacity of an employee in functions of at least equivalent to that of category B are classified, at the time of their appointment, in the first rank of the body at a specified level on the basis of the average duration required for each promotion of the order This recovery of services cannot exceed eight years.
A joint order of the Minister for Health and the Minister for Public Service shall specify the list of occupations taken into account and the conditions of application of this section.
If they cannot claim the application of the provisions of Article 15, the winners of a contest organized under Article 29 of the above-mentioned Act of 9 January 1986 shall, at the time of their appointment, benefit from:
1° Two years, if the duration of the activities mentioned in this provision is less than nine years;
2° Three years, if she's at least nine years old.
When they cannot be taken into account, in titularization, in application of provisions of articles L. 4139-1, L. 4139-2 and L. 4139-3 of the Defence Code and the regulations made for their application, the services performed as non-commissioned member shall be taken into account in the appointment of three-quarters of their duration, if they were performed as an officer or non-commissioned officer, and, if not, for half of their duration.
The same person may not benefit from the application of more than one of the provisions of sections 13 to 17. The same period can only be taken into account under one of these articles.
Persons who, in the light of their previous career path, fall under the provisions of several of the articles mentioned in the preceding paragraph, are classified, upon appointment in one of the bodies governed by this decree, in accordance with the provisions of the article corresponding to their last situation.
However, such persons may, within a maximum period of six months from the notification of the decision making their classification under the conditions set out in the preceding paragraph, request that they be applied to the provisions of another of these articles, which are more favourable to them.
Persons who justify, prior to their appointment in one of the bodies governed by this decree, services performed in an administration or agency of a Member State of the European Union or another State Party to the agreement on the European Economic Area within the meaning of thearticle 4 of the decree of 22 March 2010 referred to above shall be categorized, upon appointment, in accordance with the provisions of title II of the same decree.
Where they also justify services that do not give rise to the application of these provisions, they may apply, under the same conditions as those provided for in Article 18, to benefit from the provisions of one of Articles 13 to 17 preferably to those of decree of 22 March 2010 referred to above.
The effective duration of the national service performed as called under theArticle L. 63 of the National Service Codeas well as the actual time spent on civic service pursuant to Article L. 120-33 of the same code, are taken into account for their entirety.
I. ― Staff members recruited, pursuant to Article 6, in the second grade of one of the bodies governed by this Decree shall be classified, upon appointment, at the first step of that rank, subject to the provisions mentioned in II and article 22.
II. ― Persons placed, prior to their appointment, in one of the situations referred to in articles 13 to 17 and 19 shall be classified in the second grade of that body by applying the following table of correspondence to the situation which would have been theirs if they had been appointed and ranked in the first grade of that body, pursuant to the provisions of articles 13 to 19:
| 13th step | 12th step | Older acquired aged two years |
| 12th step: | | |
| ― from two years | 12th step | Formerly acquired beyond two years |
| - before two years | 11th step | Older acquired aged two years |
| Step 11: | | |
| ― from two years | 11th step | Formerly acquired beyond two years |
| - before two years | 10th step | Older acquired aged one year |
| Step 10: | | |
| ― from two years | 10th step | Formerly acquired beyond two years |
| - before two years | 9th step | Older acquired aged one year |
| 9th step: | | |
| ― from two years | 9th step | Formerly acquired beyond two years |
| - before two years | 8th step | Older acquired aged one year |
| 8th step: | | |
| ― from two years | 8th step | Formerly acquired beyond two years |
| - before two years | 7th step | Older acquired aged one year |
| Step 7: | | |
| ― from two years | 7th step | Formerly acquired beyond two years |
| - before two years | 6th step | Older acquired aged one year |
| Step 6: | | |
| ― from two years | 6th step | Formerly acquired beyond two years |
| - before two years | 5th step | Older acquired aged one year |
| Step 5: | | |
| ― from two years | 5th step | Formerly acquired beyond two years |
| - before two years | 4th step | Formerly acquired |
| Step four: | | |
| ― from a year | 4th step | Not old |
| - before a year | 3rd step | Older acquired aged one year |
| Step three: | | |
| ― from a year | 3rd step | Older acquired beyond a year |
| - before a year | 2nd step | Older acquired aged one year |
| 2nd step: | | |
| ― from a year | 2nd step | Older acquired beyond a year |
| - before a year | 1 step | Formerly acquired |
| 1 step | 1 step | Not old |
The effective duration of the national service performed as called under theArticle L. 63 of the National Service Codeas well as the actual time spent on civic service pursuant to Article L. 120-33 of the same code, are taken into account for their entirety.
I. ― The officers who had, prior to their appointment in one of the bodies governed by this Order, the quality of civil servant, classified under section 13, or, where applicable, under section 21, at a level with less treatment than that they received before their appointment, shall retain in their personal capacity the benefit of their prior treatment, up to the day that they receive at least equal treatment in their new grade.
However, the treatment thus maintained cannot exceed the limit of indiciary treatment for the last step of the last grade of the body.
II. ― Agents who, prior to their appointment in any of the bodies governed by this Order, had the quality of a non-public law officer, classified under section 14, or, if applicable, under section 21, at a level with a salary that is less than the amount that they received before their appointment, shall retain in their personal capacity the benefit of a salary that is fixed in such a manner that they are able to maintain an earlier percentage However, the continued treatment cannot exceed the limit of indiciary treatment for the final grade in which they are classified.
The percentage referred to in the previous paragraph and the elements of the remuneration taken into account shall be determined by joint decree of the Ministers responsible for Health, Public Service and Budget.
The remuneration taken into account for the purposes of this same paragraph is that which was collected under the last occupied employment prior to the appointment, provided that the officer justifies at least six months of actual service in that employment in the twelve months preceding the appointment.
The average length of time spent in each step of the ranks of the bodies governed by this decree is fixed as follows:
| Third grade | |
| 11th step | |
| 10th step | 3 years |
| 9th step | 3 years |
| 8th step | 3 years |
| 7th step | 3 years |
| 6th step | 2 years |
| 5th step | 2 years |
| 4th step | 2 years |
| 3rd step | 2 years |
| 2nd step | 2 years |
| 1 step | 1 year |
| Second grade | |
| 13th step | |
| 12th step | 4 years |
| 11th step | 4 years |
| 10th step | 3 years |
| 9th step | 3 years |
| 8th step | 3 years |
| 7th step | 3 years |
| 6th step | 3 years |
| 5th step | 3 years |
| 4th step | 2 years |
| 3rd step | 2 years |
| 2nd step | 2 years |
| 1 step | 1 year |
| First grade | |
| 13th step | |
| 12th step | 4 years |
| 11th step | 4 years |
| 10th step | 3 years |
| 9th step | 3 years |
| 8th step | 3 years |
| 7th step | 3 years |
| 6th step | 3 years |
| 5th step | 3 years |
| 4th step | 2 years |
| 3rd step | 2 years |
| 2nd step | 2 years |
| 1 step | 1 year |
I. ∙ Can be promoted to the second rank of one of the bodies governed by this decree:
1° By way of a professional examination, officials justifying at least one year in the 4th grade and at least three years of actual service in a body, employment framework or employment of category B or the same level;
2° By way of choice, after registration on a progress table established after notice by the parity administrative board, officials justifying at least one year in the 6th grade level and at least five years of actual service in a body, job frame or job in category B or at the same level.
The number of promotions that may be pronounced under 1° or 2° cannot be less than one third of the total number of promotions.
However, where only one promotion is made for one year by the appointing authority under the 1° or 2°, the provisions of the preceding paragraph are not applicable. When it comes within three years of this promotion, the following promotion can only be carried out under the other pathway. In this case, the rule in the fourth paragraph of this I is again applicable.
II. ∙ may be promoted to the third rank of one of the bodies governed by this decree:
1° By way of a professional examination, officials justifying at least two years in the 5th grade of the second grade and at least three years of actual service in a body, employment framework or employment of category B or the same level;
2° By way of choice, after registration on a progress table established after notice by the parity administrative board, officials justifying at least one year in the 6th grade of the second grade and at least five years of actual service in a body, job frame or job of category B or the same level.
The number of promotions that may be pronounced under 1° or 2° cannot be less than one third of the total number of promotions.
However, where only one promotion is made for one year by the appointing authority under the 1° or 2°, the provisions of the preceding paragraph are not applicable. When it comes within three years of this promotion, the following promotion can only be carried out under the other pathway. In this case, the rule in the fourth paragraph of this II is again applicable.
III. ― The general organization rules for the professional examination referred to in 1° of I and 1° of II, the nature and program of the tests shall be determined by joint order of the Minister for Health and the Minister for Public Service.
The conditions for the organization of the professional examination and the composition of the jury are determined by a decision of the authority vested in the appointing authority.
The statutory provisions applicable to the bodies governed by this Decree may provide, instead of these examinations, professional competitions organized under the conditions defined in the two preceding paragraphs.
I. ― Officials promoted to the second grade pursuant to the provisions of Article 25 I shall be appointed and placed in that new grade in accordance with the following correspondence table:
| 13th step | 12th step | Older acquired aged two years |
| 12th step: | | |
| ― from two years | 12th step | Formerly acquired beyond two years |
| - before two years | 11th step | Older acquired aged two years |
| Step 11: | | |
| ― from two years | 11th step | Formerly acquired beyond two years |
| - before two years | 10th step | Older acquired aged one year |
| Step 10: | | |
| ― from two years | 10th step | Formerly acquired beyond two years |
| - before two years | 9th step | Older acquired aged one year |
| 9th step: | | |
| ― from two years | 9th step | Formerly acquired beyond two years |
| - before two years | 8th step | Older acquired aged one year |
| 8th step: | | |
| ― from two years | 8th step | Formerly acquired beyond two years |
| - before two years | 7th step | Older acquired aged one year |
| Step 7: | | |
| ― from two years | 7th step | Formerly acquired beyond two years |
| - before two years | 6th step | Older acquired aged one year |
| Step 6: | | |
| ― from two years | 6th step | Formerly acquired beyond two years |
| - before two years | 5th step | Older acquired aged one year |
| Step 5: | | |
| ― from two years | 5th step | Formerly acquired beyond two years |
| - before two years | 4th step | Formerly acquired |
| Step four: | | |
| ― from a year | 4th step | Not old |
| 13th step | 9th step | Formerly acquired |
| 12th step | 8th step | 3/4 of acquired seniority |
| 11th step | 7th step | 3/4 of acquired seniority |
| 10th step | 6th step | 2/3 of acquired seniority |
| 9th step | 5th step | 2/3 of acquired seniority |
| 8th step | 4th step | 2/3 of acquired seniority |
| 7th step | 3rd step | 2/3 of acquired seniority |
| 6th step | 2nd step | 2/3 of acquired seniority |
| Step 5: | | |
| ― from two years | 1 step | Formerly acquired beyond two years |
Within each body governed by this decree, the maximum number of public servants who can be promoted each year to each of the grades of advancement of these bodies is determined in accordance with the provisions of decree of 3 August 2007 referred to above.
Officials placed in a detachment position or directly incorporated into one of the bodies governed by this decree are subject to the provisions of headings II and II bis of the decree of 13 October 1988 referred to above.
Staff members may, at any time, request to be integrated into their detachment bodies. Beyond a five-year period of detachment, they are offered integration into this body. The services performed in their original bodies or employment framework are similar to services performed in their integration bodies.
Can also be detached in one of the bodies governed by this decree the soldiers mentioned in theArticle 13 ter of the Act of 13 July 1983 referred to abovein the conditions established by the decree provided for by the same provisions.
The provisions of Decree of 11 May 2007 are not applicable to bodies listed in the Schedule to this Order.
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 Labour, Employment and Health, in charge of health, are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 14 June 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
