Key Benefits:
Chairman of the Energy Regulatory Board,
Seen Law n ° 83-634 of 13 July 1983 as amended bearing the rights and obligations of Civil servants, together with the Act No. 84-16 of January 11, 1984 the statutory provisions relating to the public service of the State;
Seen Law n ° 2000-108 of 10 February 2000 as amended on the modernisation and development of the public electricity service;
Seen Law n ° 2010-751 of 5 July 2010 on the renovation of the social dialogue with various provisions relating to the civil service;
Given the Decree No. 86-83 of 17 January 1986 as amended in relation to the general provisions applicable to non-state personnel taken for the application of the section 7 of Law No. 84-16 of January 11 1984 laying down statutory provisions relating to the public service of the State,
Decides:
It is created with the Director General of the Energy Regulatory Commission Non-incumbent agents and officials seconded to contracts carrying out their duties in the Energy Regulatory Commission, with the exception of the Chairman of the Energy Regulatory Commission, of the Commissioners as well as staff paid on the basis of an hourly or flat rate To perform a specified act.
The Commission Equal number of representatives of the administration and staff as well as an equal number of alternate representatives.
It shall be composed as indicated in the table below:
| Administration Representatives | 3 | 3 |
| Personnel Representatives | 3, including 2 level representatives at least equivalent to category A | 3, of which 2 Level representatives at least equivalent to category A |
The members of the Joint Consultative Commission are appointed for a period of four years. Their terms of reference may be renewed.
The date of the elections shall be determined by the joint order of the Prime Minister and the Minister responsible for the Public Service. The term of office of the Joint Consultative Commission may be reduced or extended accordingly.
At the time of the renewal of the Joint Consultative Commission, the new members shall enter into office on the date on which the Mandate of the members to whom they succeed.
Representatives of the administration, members or alternates, coming in Mandate to cease the duties by which they were appointed are Replaced under the conditions laid down in Article 7 below. The terms of office of their successors expire in this case when the commission is renewed.
Staff representatives, members Members or alternates of the Joint Consultative Commission, coming into office as a result of termination of contract, resignation, leave without pay, sick leave of more than six months or for any other cause to be discontinued Functions for which they were appointed, are replaced under conditions Article 6. The term of the alternates shall expire at the same time as that of the other members of the Commission.
The replacement of representatives of the Personnel who are unable to perform their duties, on one of the grounds listed in Article 5 above, shall be carried out under the following conditions:
If it is a titular representative, the first alternate for the list in respect of which he was elected is appointed and replaced by the first unelected candidate of the same list.
If the representative is an alternate representative, it is Replaced by the first unelected candidate of the same list.
Where a list is unable to fill, under the conditions laid down in the two preceding paragraphs, the seats of the titular representative and alternate representative To which it is entitled, the seats are allocated by way of designation of the organization Officers in the field of competence of the Joint Consultative Commission and fulfilling the conditions referred to in Article 11, assessed at the date of designation.
If the non-incumbent agents do not accept their Appointment, a random draw shall be drawn up until such designated officers have accepted their terms of office.
If no officer accepts his or her appointment, the vacant seats of the staff representatives shall be allocated to representatives of Administration
Within 15 days after the announcement of the results of the elections scheduled for Article 8, the representatives of the administration, holders and substitutes shall be appointed by decision of the Director General.
They shall be selected from among the officials of the Energy Regulatory Commission belonging to a body classified in the Category A or assimilated, or among non-incumbent agents exercising Equivalent level functions.
Organisation of the appointment of staff representatives shall be provided for by This Decision and the date of the elections shall be fixed by decision of the Director General, in accordance with the date referred to in the second paragraph of Article 3.
Non-incumbent agents are electors Falling within the scope of the Joint Consultative Commission referred to in Article 1 which fulfil the following cumulative conditions:
-be in a position of activity or on parental leave;
-count at least three months of actual attendance at the date of the poll;
-justify a contract for a minimum of one year on the date of the poll.
The Quality of Voter Is assessed on polling day.
The list of electors is stopped by the Director General. It shall be posted at least three weeks before the date set for the poll.
Within eight days of the posting, electors may verify registrations and, if applicable, submit applications for registration. Within the same period and for three days after its expiry, claims may be made against entries or omissions on the list of electors.
The Director General shall act without delay on such claims.
Eligible agents are eligible to be registered on the list of electors for the Joint Consultative Commission, with the exception of the President of The Energy Regulatory Commission, the Commissioners, the Director General, the Directors, the Heads of Department and the officers of the Human Resources Directorate.
However, cannot be elected or officers on sick leave Or on long-term leave, or those with a pronounced disability By the Articles L. 5 to L. 7 of the Election Code, nor those affected by a temporary exclusion of functions under the 3 ° of article 43-2 of Decree No. 86-83 of 17 January 1986 unless they have been amnestied or have received one Decision accepting their request that the No record of the sanction imposed remains on their file.
No list can be Filed or amended after the deadline provided for in the foregoing Article. However, if, within a period of three clear days following the deadline for the filing of the lists, one or more candidates on a list are recognised as ineligible, the Administration shall immediately inform the delegate of the list. The latter may then, within three days after the expiration of the three-day period referred to above, make the necessary corrections.
If one or more candidates on a list are not rectified The organisation having submitted this list shall be deemed not to have submitted any candidates.
If the reason for ineligibility occurred after the deadline for the filing of the lists, the defaulting candidate may also Be replaced, without changing the election date.
No further withdrawal of applications may be made after the application lists have been submitted.
The lists established under the conditions set out in this Decision shall be posted as soon as possible by the Human Resources Directorate in the
, on the deadline for the filing of the lists, no list has been filed, the procedure laid down in Article 22 of this Decision shall be used.
When several trade union organisations affiliated to the same union of trade unions have filed competing lists for the same election, the administration informs, within a period of Three clear days from the due date Of the lists, the delegates of each list. The latter then have three clear days to make the necessary changes or withdrawals.
If, after the expiry of the latter period, those amendments or withdrawals have not occurred, The Administration shall, within three clear days, inform the Union of the trade unions whose lists are in demand. The Commission shall then have a period of five clear days to indicate to the administration, by registered letter with the request for a notice of receipt, the list which may avail itself of the membership of the Union for the application of this
. The absence of that indication, the trade unions having filed the lists in question cannot benefit from the provisions Article 9a of the aforementioned Law No. 83-634 and May claim membership in a Union for the purposes of the second paragraph of Article 15 of this Decision.
Ballot papers and envelopes are prepared at the expense of the administration, according to a standard format, and transmitted by the administration of administration to the agents on the list of electors.
The ballot is marked on the ballot. The possible membership of the trade union organisation on the date of the filing of the Lists, a union of national unions.
Election operations take place publicly on the premises of the
Voting takes place by secret ballot and under wraps. Proxy voting is not permitted.
A list of electors is filed in the polling station. It shall be received by each voter voting and by a member of the polling station, or by the polling station only in the event of a postal vote.
Voters may vote only for an entire list, without cancellation or addition of names and without Changing the order of presentation of candidates. Any bulletin drawn up against any of these conditions shall be invalid.
The vote may be taken by correspondence, in accordance with the conditions set out in Articles 17 and 18 of this Decision. The envelopes sent by the electors must arrive at the polling station before the closing time of the poll.
Are allowed to To vote by correspondence officers who are on sick leave, on long-term sick leave, on long-term leave, on maternity, paternity or adoption leave, on parental leave or parental leave, on leave for trade union training or on leave For vocational training, agents with no duty of service During the opening hours of the poll, those who are in the position of absence regularly authorized and those who are prevented by the exigencies of the service from going to the polling station on polling day.
In the latter case, Closure of the list of agents allowed to vote by correspondence and the deadline for the transmission of voting equipment to such agents shall not be effective against third parties. The persons concerned may, on request, vote by correspondence.
The officers referred to in the first subparagraph nevertheless retain the right to vote directly in the ballot box.
The terms of the postal vote are as follows:
1. Persons who are required to vote by correspondence are notified of their registration on the lists and the conditions under which they will be able to vote.
2. The ballots and the necessary envelopes are sent to the interested parties at least 15 clear days before polling day.
3. The elector inserts his or her ballot in the envelope called No 1 that he or she is hiding. This envelope must not contain any mention or distinctive sign.
4. He then placed this envelope in a large envelope called envelope No. 2 which he also hid, and on which he affixed his signature and bears his names, first names and assignment.
5. Finally, the elector places the envelope n ° 2 in an envelope No 3 postage stamped and on which the address of the polling station is indicated.
6. The envelope must be addressed to the polling station by post and must be received no later than the closing time of the poll determined by the decision of the Director General.
A polling station is set up for the election to the Director General of the Energy Regulatory Commission. It shall carry out the counting of the votes and the declaration of the results.
It shall comprise a President and a Secretary designated by a decision of the Director General and a delegate from each list in the presence.
At the end of the poll, the polling station counted, on all the voters, the number of voters and all the votes cast on the organizations Union in the presence and establishes a record of election operations The number of registered electors and the number of voters.
The enumeration and the counting of the votes are carried out as follows:
1. Receipt of Votes by Correspondence:
After the close of voting, the President of the polling station shall carry out the enumeration of votes obtained by correspondence.
Envelopes No. 3, then envelopes No. 2 shall be opened. As the envelopes n ° 2 are opened, the voters list is neat and the envelope n ° 1 is deposited without being opened in the urn.
Are unopened without being opened:
-envelopes # 3 arrived at the polling station after the closing time of the poll;
-envelopes n ° 2 on which the name and signature of the voter do not appear or on which the name is illegible;
-envelopes # 2 Arrived under the signature of the same agent;
-the envelopes # 1 marked with a distinctive statement or sign;
-envelopes # 1 in multiple in the same envelope No. 2.
Also apart without being opened Envelopes # 2 originating from electors entitled to vote by correspondence but having taken part Vote directly. In this case, the mail-order vote is not taken into account, since the direct vote to the ballot box is taken into account only.
The ballots cast directly into envelope number 2 and envelope 3.
2. Counting:
When it is Process at the counting of the votes shall not be considered as validly expressed:
-white papers;
-bulletins that do not conform to the standard pattern;
-bulletins that refer to a list that has not been regularly registered as a candidate;
-bulletins with overloads, ratures, or Any other distinctive sign;
-multiple newsletters contained in the same envelope designating lists of different union organizations;
-ballots found in the box without an envelope or in non-regulatory envelopes ;
-envelopes without a newsletter.
Are considered valid Expressed and count for a single vote multiple ballots found in the same envelope from the same union organization.
The polling station determines the electoral quota by dividing the total number of votes validly cast By the number of representatives holding staff to be elected to the Joint Consultative Commission. Each list is entitled to as many staff representatives as the number of votes collected by it contains the electoral quota. The remaining seats to be filled are allocated according to the highest average rule. The representative representatives shall be designated according to the order of presentation of the list.
It shall then be assigned to each trade union organization a number of seats of alternate representative equal to that of the seats of the holding representative obtained by This trade union organisation pursuant to the preceding paragraph. The alternate representatives shall be appointed in accordance with the order of presentation of the list.
In the event that, for the allocation of a seat, lists have the same average, the said seat shall be allocated to the list which has received the largest number of votes. If several of these lists have obtained the same number of votes, the seat shall be allocated to one of them by lot.
The polling station shall draw up a record of the electoral operations which shall be immediately transmitted to the delegates of each list in the presence and proclaim the results.
If no list of Shall not be nominated by the trade unions, the representatives of the Commission shall be appointed by drawing of lots among the agents referred to in Article 11 of this Decision. If the non-incumbent agents do not accept their appointment, a new draw will be issued until such time as the designated representatives have accepted their terms of reference.
If no officer accepts his or her appointment, the vacant seats in the Personnel representatives are assigned to administration representatives.
Challenges to the validity of operations Shall be brought before the Director General within a period of five Days after the declaration of the results and, where appropriate, before the administrative court.
Within 15 days Following the declaration of the results of the elections provided for in Article 8 of this Order, the representatives of staff shall be appointed by decision of the Director General
The Joint Consultative Commission shall be consulted on the individual decisions relating to the Redundancies following the trial period and disciplinary sanctions other than the warning and the blame.
It may also be consulted on any individual matter relating to the employment situation of the Non-incumbent agents falling within its jurisdiction, including:
-the non-renewal and termination of the contract;
-internal mobility;
-the assessment of how to serve the agent and the assessment document for it;
-the granting of the exceptional premium;
-the Refusal of training and leave;
-ethics;
-working conditions.
Compensation conditions are excluded from the remit of the Joint Consultative Commission
The Joint Consultative Commission is chaired by the Director General of the Energy Regulatory Commission. In the event of incapacity, the President shall designate, to replace him, another representative of the Administration. This is referred to in the minutes of the meeting.
The Joint Consultative Commission shall develop its rules of
. Secretariat is provided by a representative of the administration who may not be a member of the Joint Consultative Commission. A staff representative shall be appointed by the Joint Consultative Commission to act as assistant secretary.
Minutes shall be drawn up after each sitting. It is signed by the President and countersigned by the Secretary and the Deputy Secretary and forwarded within two months to the members of the Committee. It shall be subject to the approval of the members of the Joint Consultative Commission at the following meeting.
The Committee shall Shall meet at least once a year upon convocation by its President, on its own initiative or, within a maximum period of two months, upon written request of at least half of the representatives holding the staff.
The Alternates may attend meetings of the Committee. The
of the Joint Consultative Commission may summon experts at the request of the Administration or at the request of the staff representatives in order to That they be heard on a point on the agenda. Experts may attend only the part of the debate on the questions for which their presence was requested, excluding the vote.
The Joint Consultative Commission shall be seized in accordance with Article 28 of this Decision on any matter within its competence. It shall deliver an opinion to the majority of the members present.
If a vote is taken, it shall be held by show of hands. However, at the request of one of the members holding the Joint Consultative Commission, the vote shall be held in secret ballot. In the event of a tie, the opinion shall be deemed to have been given or the proposal formulated. Absentions shall be allowed.
When the Director-General of the Energy Regulatory Commission takes a decision contrary to the opinion or proposal issued by the Joint Consultative Commission, he shall inform him in writing of the reasons for the decision. Led him not to follow the proposal or the opinion issued.
The Joint Consultative Commission validates only on the condition of observing the rules of constitution and operation enacted by the Order No. 86-83 dated January 17, 1986 and by this Decision and its Rules of Procedure.
In addition, at least three-quarters of the members shall be present at the opening of the meeting. When that quorum is not reached, a new convocation shall be sent within eight days to the members of the Joint Consultative Commission, which shall then be validly sitting if half of its members are present.
The meetings of the Joint Consultative Commission are not public.
The Advisory Commission
representative of the staff may not take part in the deliberations of the committee when it is called upon to rule on its case. It shall then be replaced by an alternate member. In the event that neither the representative nor the alternate representative can validly sit, the drawing procedure shall be applied.
When the Joint Consultative Commission decides on disciplinary matters, only representatives of staff employed at a level at least equal to that of the agent whose file Is examined and an equal number of representatives of the administration are called to deliberate.
All facilities should be given to the members of the Joint Consultative Commission by the Administration to enable them To fulfil their duties. In addition, communication shall be given to them all documents and documents necessary for the performance of their duties at least eight days before the date of the meeting
Allow them to participate in the meetings of the Joint Consultative Commission, on the simple presentation of their convocation. The duration of this authorisation shall be calculated taking into account the time limits, the foreseeable duration of the meeting and increased time equal to that duration in order to enable the persons concerned to ensure the preparation and reporting of the Work of the Joint Consultative Commission, without exceeding two days.
The members of the Joint Consultative Commission shall be subject to the obligation of professional discretion with regard to all facts and Documents of which they became aware in this capacity.
In the event of difficulty in the operation of the Joint Consultative Commission, the Chairman of the Joint Consultative Commission shall act after the opinion of the Committee The
Consultative Commission may, where appropriate, be dissolved in the form provided for in its constitution. It shall then, within two months, and in accordance with the ordinary procedure, establish a new committee.
The The Director General of the Energy Regulatory Commission shall be responsible for the implementation of this Decision, which shall be published in the Official Journal of the French Republic
Done at Paris, the June 29, 2011.
P. Of Ladoucette
