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Decree No. 2012-224 Of February 16, 2012, Amending Decree No. 82-447 Of 28 May 1982 Concerning The Exercise Of The Right To Organise Public Service

Original Language Title: Décret n° 2012-224 du 16 février 2012 modifiant le décret n° 82-447 du 28 mai 1982 relatif à l'exercice du droit syndical dans la fonction publique

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Summary

Amendment of the decree in accordance with the provisions of this decree.

Keywords

REPRESENTATIVE , PUBLIC FUNCTION , CENTRAL ADMINISTRATION , DECONCENTRE , FUNCTIONNARY , CONTRACTUEL , AFFECTATION , ADMINISTRATION


JORF no.0041 of 17 February 2012
text No. 25



Decree No. 2012-224 of 16 February 2012 amending Decree No. 82-447 of 28 May 1982 concerning the exercise of the right to organize in the public service

NOR: MFPF1135380D ELI: https://www.legifrance.gouv.fr/eli/decret/2012/2/16/MFPF1135380D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2012/2/16/2012-224/jo/texte


Publics concerned: trade union organisations in the public service of the State; civil servants and contractual agents assigned to the state administrations, in public institutions of the State not having an industrial and commercial character and in independent administrative authorities (AAI).
Purpose: exercise of the right to organize in the public service; rights and trade union means granted to trade union organizations.
Entry into force: the text comes into force on the first day of the month following the date of its publication for departmental departments, administrative public institutions and AAI having renewed their technical committee in 2011. In the ministries responsible for education and agriculture, the text comes into force on September 1, 2012. In other cases, the text is applicable as of the next renewal of the technical committee.
Notice: the decree amends several provisions of Decree No. 82-447 of 28 May 1982 on means granted to trade union organizations.
It redefines the criteria for assessing the representativeness of trade union organizations, which are now based on the results of the elections to the technical committees.
It allows representative trade union organizations to consolidate the monthly information meetings they organize for agents in the event of, inter alia, dispersal of services. These meetings, whose duration is normally one hour maximum per month for the same agent, may be grouped within the limit, for the same agent, of a maximum of three hours per quarter. In addition, the text provides for the possibility of special information meetings, during the periods preceding the day of an organized ballot to renew one or more consultation bodies, which may be organized by any union organization candidate for the election.
The decree sets out the general framework for defining, in each department, public institution or independent administrative authority, the conditions for the use by trade union organizations within services, new information and communication technologies.
The decree amends the provisions on time-limiting facilities granted to trade union organizations, providing them with greater flexibility in the use of these means. Thus, the trade union time credit, now provided for in Article 16 of the Decree of 28 May 1982, may be used by each beneficiary trade union organization, according to its needs, either in the form of discharges of service activity, according to quotities of working time freely defined, or in the form of special authorizations of absence of a minimum half day. The overall quota for union time credit for a department is calculated by applying a new scale, taking into account the number of electors registered on the lists of electors for election to the departmental technical committee. For public institutions not attached to a ministerial technical committee or for independent administrative authorities, the contingent is calculated taking into account the number of electors registered on the lists of electors for election to the technical committee of establishment or to the technical committee of the independent administrative authority. The quota of trade union time is allocated, for half, to the trade union organizations represented on the technical committee and for half to all trade union organizations that have nominated the same technical committee, proportionally to the number of votes they obtained.
Finally, the decree provides for the annual communication to the competent technical committees of information and statistics on the means of any kind actually granted to trade union organizations over the past year.
References: the text amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
President of the Republic,
On the report of the Prime Minister, the Minister of Budget, Public Accounts and State Reform, Government Spokesperson, and the Minister of Public Service,
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu le Decree No. 82-447 of 28 May 1982 amended on the exercise of the right to organize in the public service;
Considering the opinion of the Supreme Council of the State Civil Service of 20 December 2011;
The State Council (Section of Administration) heard,
The Council of Ministers heard,
Decrete:

  • Chapter I: Provisions amending Decree No. 82-447 of 28 May 1982 Article 1 Learn more about this article...


    The above-mentioned decree of 28 May 1982 is amended in accordance with the provisions of articles 2 to 15 of this decree.

    Article 2 Learn more about this article...


    The title II chapter I, section I, is supplemented by the words "and equipment".

    Article 3 Learn more about this article...


    Section 3 is amended as follows:
    1° In the first paragraph, the words: "most representative trade union organizations in the establishment" are replaced by the words: "representative trade union organizations in the service or service group" and the words: "a service or service group" are replaced by the words: "of that service or service group";
    2° In the first sentence of the second paragraph, the words "most representative" are replaced by the word "representative";
    3° After the third preambular paragraph, a sub-item reads as follows:
    "It is considered representative, on the one hand, trade union organizations with at least one seat in the technical committee determined according to the service or group of services concerned, on the other hand, trade union organizations with at least one seat in the departmental technical committee or the technical committee of the public establishment of the connection. » ;
    4° It is added a paragraph to read:
    "In the event of an impossibility to make facilities available to representative trade union organizations, a representative subsidy of the rental and equipment costs of the premises is paid to the trade union organizations concerned. »

    Article 4 Learn more about this article...


    In Section I of Chapter I of Title II, after Article 3, an article 3-1 is inserted as follows:
    "Art. 3-1. - The terms and conditions of use by trade union organizations, within services, information and communication technologies are set out in each department, public institution or independent administrative authority by a decision of the minister or chief of service after notice of the corresponding technical committee. An order of the Minister for the Public Service defines the general framework for this use and the conditions under which confidentiality, free choice and non-discrimination are guaranteed. »

    Article 5 Learn more about this article...


    Section 5 is replaced by the following:
    "Art. 5.-I. ― Representative trade union organizations are also allowed to hold monthly briefings during service hours.
    It is considered representative, on the one hand, trade union organizations with at least one seat in the technical committee determined according to the service or group of services concerned, on the other hand, trade union organizations with at least one seat in the departmental technical committee or the technical committee of the public institution of connection.
    Each staff member has the right to participate in one of these meetings, within one hour per month.
    Subject to the requirements of the duly-motivated service, trade union organizations may consolidate their information meetings in the event of, inter alia, dispersal of services. Meetings resulting from a grouping take place in one of the buildings of the services concerned. Each staff member has the right to participate in one of these meetings, within three hours per quarter. Their holding can only lead to the fact that special absence authorizations granted to agents wishing to attend may exceed twelve hours per calendar year, which is not included.
    II. ― Without prejudice to the provisions of I, during the six-week period preceding the day of the organized ballot for the renewal of one or more consultation bodies, each staff member may attend a special briefing, whose duration may not exceed one hour per officer.
    This special meeting can be organized by any union organization candidate for the election.
    A joint order of the Minister for Public Service, the Minister for National Education and the Minister for Budget sets out the terms and conditions for the application of this section for officials under the Ministry of National Education. »

    Article 6 Learn more about this article...


    In Article 11, the words: "Articles 1 (9) and 5 of Decree No. 59-309 referred to above "From the 11th of Article 14 of Decree No. 85-986 of 16 September 1985 on the particular regime of certain positions of State officials, the provision, integration and the final termination of functions" and the words: "at articles 12,13,14,15 and 16" are replaced by the words: "at articles 13,15 and 16".

    Article 7 Learn more about this article...


    Section 12 is repealed.

    Article 8 Learn more about this article...


    Section 13 is replaced by the following:
    "Art. 13.-Special authorizations of absence shall be granted, subject to the necessity of service, to the representatives of the trade union organizations mentioned in the 1st and 2nd, who are mandated to attend the trade union congresses or meetings of their governing bodies, of which they are elected members or for which they are appointed in accordance with the provisions of the statutes of the organization, under the following conditions:
    1° The duration of special leave granted to the same officer in a year shall not exceed ten days in the case of participations in congresses or meetings of the governing bodies of unions, federations or confederations of unions not represented on the common council of the public service. The same rights are open to national trade unions that are affiliated to them.
    2° This limit is extended to twenty days a year when the officer is required to participate in the congresses or meetings of the governing bodies of international trade union organizations, or in the congresses and meetings of the governing bodies of unions, federations or confederations represented on the common council of the public service. The same rights are open to national trade unions that are affiliated to them.
    The refusal of permission for absence against this title is the subject of a motivation of the administration. »

    Article 9 Learn more about this article...


    Section 14 is repealed.

    Article 10 Learn more about this article...


    Section 15 is replaced by the following provisions:
    "Art. 15.-I. ― On the simple presentation of their convocation or the document informing them of the meeting of these bodies, the union representatives, holders and alternates, as well as the experts, who are to serve on the joint board of the public service, the Conseil Supérieur de la Service publique de l'Etat, within the technical committees, the administrative boards of paritaires, the advisory boards of regional economic and social committees, the committees of hygiene, security and working conditions,
    For each departmental department, a list of consultation bodies that may be required to justify leave under this section may be supplemented by a joint order of the Minister for Public Service and the Minister concerned.
    II. ― Representatives of staff holding a mandate in the above-mentioned bodies are entitled to the same right when participating in meetings or working groups convened by the administration.
    Staff representatives to participate in negotiations within the framework of theArticle 8 bis of Act No. 83-634 of 13 July 1983 the rights and obligations of civil servants enjoy the same rights.
    III. ― The duration of the absence authorization includes, in addition to the time limits and the foreseeable duration of the meeting, a time equal to that period to allow the parties to ensure the preparation and reporting of the work. »

    Article 11 Learn more about this article...


    The title II, section II, of title II, is replaced by the following title: "Conference Time Credit".

    Article 12 Learn more about this article...


    Section 16 is replaced by the following:
    "Art. 16.-I. ― A trade union time credit, usable in the form of service discharges or hour credits according to the needs of the trade union activity, is determined, within each department, following the general renewal of the technical committees. Its overall amount, expressed in full-time equivalents, is calculated based on a scale applied to the workforce. This amount is extended annually to the following elections, except as a result of a change in the perimeter of the department resulting in a change of more than 20%.
    II. ― The total amount of trade union time credit for each department is calculated using the following scale:
    1° A full-time equivalent of 230 agents up to 140,000 agents;
    2° A full-time equivalent of 650 agents, more than 140,000 agents.
    The number of electors registered on the lists of electors for election to the departmental technical committee is considered.
    III. ― The overall quota of trade union time credit is distributed among trade union organizations in the light of their representativeness, appreciated as follows:
    1° Half of the ministerial quota resulting from the application of the scale is distributed among trade union organizations represented on the ministerial technical committee, depending on the number of seats they hold;
    2° The other half is distributed among all trade union organizations that have nominated for the election of the ministerial technical committee, proportionally to the number of votes they obtained.
    IV. – Global contingents are defined for each independent public establishment and administrative authority whose staff are not represented on the ministerial technical committee by application of the scale provided for in II.
    The number of electors registered on the lists of electors for election to the local technical committee is considered.
    V. ― The total amount of trade union time credit for a public institution or an independent administrative authority is divided as follows:
    1° Half of the quota resulting from the application of the scale is distributed among trade union organizations represented on the technical committee of the establishment or authority concerned, depending on the number of seats they hold;
    2° The other half is distributed among all trade union organizations that have nominated for the election of the same technical committee, proportionally to the number of votes they obtained.
    VI. – Trade union organizations freely designate beneficiaries of trade union time credits among their representatives.
    Service discharges are expressed as an annual quotity of working time. Hour credits are used as a minimum half-day absence authorization.
    The nominative list of beneficiaries of trade union time credits sought in the form of discharges of service activity is communicated by the trade union organizations concerned to the Minister or the chief of service concerned. Also mentioned is the share of trade union time credits intended to be used in the form of hour credits.
    To the extent that the designation of an agent is incompatible with the proper functioning of the administration, the Minister or the Chief of Service shall justify his refusal and shall invite the trade union organization to choose another officer. The Joint Administrative Committee or the relevant Joint Advisory Committee shall be informed of this decision.
    VII. ― Each union of officials represented on the Conseil Supérieur de la Service publique de l'État shall be entitled to a number of interdepartmental discharges, based on the number of seats available to that council, by a joint decree of the Minister for Public Service and the Minister for Budget. »

    Article 13 Learn more about this article...


    Section 17 is repealed.

    Article 14 Learn more about this article...


    In the first paragraph of section 18, the words: "service discharges" are replaced by the words: "union time credits".

    Article 15 Learn more about this article...


    After Article 18, an article 18-1 is inserted as follows:
    "Art. 18-1. - The social assessment of each ministry includes information and statistics on the means of any kind actually granted to trade union organizations over the past year. This assessment is communicated to the relevant technical committee. It is forwarded to the Minister of Public Service.
    Administrative public institutions and independent administrative authorities are subject to the same obligation when means are allocated at the level of the institution or authority.
    The information to be included in the social assessment is specified by order of the Minister for the Public Service. »

  • Chapter II: Transitional and final provisions Article 16 Learn more about this article...


    I. ― When the application of the rules set out in thearticle 16 of the decree of 28 May 1982 referred to above, in its drafting by this Order, results, at an equivalent perimeter, in the definition of a total quota of trade union time less than all of the contingent-time facilities granted under the provisions in force in certain departments at the date of publication of this Order, an order of the Minister for the Public Service, the Minister for the Budget and the Minister or Ministers concerned may decide, for a period of one year renewable, the maintenance of rights at a level equal to a
    II. ― In all cases, each trade union organization shall retain, until the end of the calendar year in which the rules set out in article 16 of the Decree of 28 May 1982 came into force, in its drafting from this decree, a quota of union time at least equal to the quota of discharges of service activity that it had before it.
    III. ― Within the ministries responsible for national education and agriculture, each trade union organization retains, until the end of the school year at the beginning of which the rules set out in Article 16 come into force, in the same drafting, a quota of union time at least equal to the contingent of service discharges available to it under the previous school year.
    IV. - The provisions of II and III are not applicable when the technical committee on the basis of which quotas are calculated was renewed in 2010.

    Article 17 Learn more about this article...


    I. ― In ministerial departments and independent public and administrative institutions whose staff are not represented on a ministerial technical committee, whose technical committees were renewed in 2011, this decree comes into force on the first day of the month following the date of its publication.
    II. – At the Ministry of National Education, Youth and Associative Life and the Ministry of Agriculture, Food, Fisheries, Rurality and Land Management, this Order comes into force on September 1, 2012.
    III. ― In departmental departments and in independent public institutions and administrative authorities whose staff are not represented on the ministerial technical committee, whose technical committees were renewed in 2010, this decree is applicable as of the next renewal of these bodies.

    Article 18 Learn more about this article...


    The provisions of Decree of 28 May 1982 may be amended by decree in the Council of State.

    Article 19 Learn more about this article...


    The Prime Minister, the Minister of Budget, Public Accounts and State Reform, spokesperson for the Government, and the Minister of Public Service are responsible, each with respect to him, for the implementation of this decree, which will be published in the Official Journal of the French Republic.


Done on 16 February 2012.


Nicolas Sarkozy


By the President of the Republic:


The Prime Minister,

François Fillon

The Minister of Public Service,

François Sauvadet

Minister of Budget, Public Accounts

and state reform,

Government spokesperson,

Valérie Pécresse


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