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Decree No. 2012-736 9 May 2012 Amending Decree No 86 - 660 19 March 1986 Concerning The Exercise Of Trade Union Rights In The Institutions Mentioned In Article 2 Of Act No. 86-33 9 January 1986 Laying Down Provisions Statutory Rela...

Original Language Title: Décret n° 2012-736 du 9 mai 2012 modifiant le décret n° 86-660 du 19 mars 1986 relatif à l'exercice du droit syndical dans les établissements mentionnés à l'article 2 de la loi n° 86-33 du 9 janvier 1986 portant dispositions statutaires rela...

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Summary

Amendment of Decree 86-660: Articles 2 to 4, 6, 8 to 10; repeal of Article 12; amendment of Article 13; repeal of Article 14; amendments to articles 15 and 16; repeal of Article 17; amendments to articles 18 to 20; repeal of Article 29-1; amendment to section 30.

Keywords

USE , HOSPITAL PUBLIC FUNCTION , PUBLIC SINGING , PUBLIC MEDICO-SOCIAL FUNCTION , SYNDICAL ORGANIZATION , EXERCISE OF SYNDICAL LAW , NON-CICAL PERSONNEL , COMMUNICATION , ANNUAL BILAN , TECHNICAL COMMITTEE


JORF no.0109 of 10 May 2012
text No. 92



Decree No. 2012-736 of 9 May 2012 amending Decree No. 86-660 of 19 March 1986 on the exercise of the right to organize in the establishments referred to in Article 2 of Act No. 86-33 of 9 January 1986 on statutory provisions relating to the public hospital service

NOR: ETSH1202008D ELI: https://www.legifrance.gouv.fr/eli/decret/2012/5/9/ETSH1202008D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2012/5/9/2012-736/jo/texte


The public concerned: trade union organizations and civil service officials.
Purpose: exercise of the right to trade by non-medical personnel in hospital public service institutions.
Entry into force: the text comes into force on the first day of the month following its publication.
Notice: the decree amends several provisions of Decree No. 86-660 of 19 March 1986 which sets out the conditions for the exercise of the right to trade non-medical personnel in public health institutions and public social and social institutions mentioned in theArticle 2 of Act No. 86-33 of 9 January 1986 with statutory provisions relating to the hospital public service.
It provides for the provision of annual summaries on trade union resources to the technical establishment committee.
It provides trade unions with greater flexibility in the use of facilities in time that are granted to them, including the creation of the trade union time credit that replaces special absence authorizations and discharges of service activity, trade union organizations having the opportunity to use it, at their choice, in the form of hour credits or discharges of service activity.
It redefines the criteria of representativeness that condition the granting of union rights and means, since they are now based on the results of the elections to the technical establishment committee.
It sets out the general framework for defining, in each institution, the conditions of use by trade union organizations within the establishment, information and communication technologies.
References: the text amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Labour, Employment and Health,
Vu le Labour code ;
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. 86-660 of 19 March 1986 amended to exercise the right to organize in the establishments referred to in theArticle 2 of Act No. 86-33 making statutory provisions for the hospital public service;
Having regard to the advice of the Higher Council of the Hospital Public Service of 22 December 2011;
Having regard to the advice of the Local Finance Committee (the Standards Assessment Advisory Board) dated 5 April 2012;
The State Council (Section of Administration) heard,
Decrete:

  • Chapter I: Provisions amending Decree No. 86-660 of 19 March 1986 referred to above Article 1 Learn more about this article...


    In the second paragraph of Article 2 of the above-mentioned Decree of March 19, 1986, the words: "when this body has adherents among the agents under this authority" are deleted.

    Article 2 Learn more about this article...


    Article 3 of the same decree is amended as follows:
    1° In the first paragraph, the word "occupied" is replaced by the word "employant";
    2° After the first sentence of the first paragraph, the following phrases are inserted: "The trade union organizations with at least one seat in the technical committee are considered representative in the establishment. In institutions of less than 50 officers, the provision by the administration of a common and equipped space is optional. » ;
    3° In the second paragraph, the word "occupies" is replaced by the word "use";
    4° The third and final paragraph is replaced by the following paragraph:
    "Without prejudice to the provisions of the first paragraph, in the event that the establishment has separate locations, the staff to be considered for the allocation of an additional premises or additional premises shall be assessed separately at the level of each separate site. »

    Article 3 Learn more about this article...


    Article 4 of the same decree is amended as follows:
    1° At the end of the second paragraph, the words: "or parity technical committee" are deleted;
    2° It is added a paragraph to read:
    "The terms and conditions of use by trade union organizations within the establishment, information and communication technologies are determined by decision of the director after notice of the technical committee of establishment. An order by the Minister for Health defines the general framework for this use and the guarantees of confidentiality, free choice and non-discrimination to which such use is subordinate. »

    Article 4 Learn more about this article...


    Article 6 of the same decree is amended as follows:
    1° The first two paragraphs are replaced by the following two paragraphs:
    "The trade union organizations represented in the Higher Council of the Hospital Public Service or representative in the institution are also allowed to hold monthly one-hour briefings to which agents may participate during their hours of service. The same trade union organization can consolidate its monthly information hours per quarter. Their holding can only result in the fact that special absence authorizations granted to agents wishing to attend may exceed twelve hours per calendar year, including the time limit.
    "It is considered representative in the establishment of trade union organizations with at least one seat in the technical committee of establishment. » ;
    2° It is added a paragraph to read:
    "During the six-week period prior to the day of the scheduled election for the renewal of one or more consultation bodies, the officers concerned may attend a special briefing whose duration may not exceed one hour per officer. This special meeting may be organized by any trade union organization presenting candidates for the election. »

    Article 5 Learn more about this article...


    In the second paragraph of Article 8 of the same decree, the words: "The organization of these meetings", are replaced by the words: "With the exception of meetings held in the union premises, the organization of these meetings".

    Article 6 Learn more about this article...


    The first paragraph of Article 9 of the Order is replaced by the following paragraph:
    "Trade unions with a union section or elected officials in the institution or represented in the Higher Council of the Hospital Public Service may display any information of union origin on signs reserved for this purpose, in sufficient numbers and appropriate sizes, and designed to ensure the preservation of documents. »

    Article 7 Learn more about this article...


    The last sentence of section 10 of the same decree is replaced by the following sentence: "They can only be provided by officers of the institution who are not in service or receive a special authorization of absence or credit of union time as well as by agents with a trade union mandate assigned to another hospital civil service institution of the same department. »

    Article 8 Learn more about this article...


    Article 12 of the same decree is repealed.

    Article 9 Learn more about this article...


    Article 13 of the same decree is replaced by the following provisions:
    "Art. 13.-I. ― Special authorizations of absence are granted, subject to the necessity of service, to representatives of trade union organizations mandated to attend trade union congresses and meetings of governing bodies of which they are members elected in accordance with the provisions of the statutes of their organization.
    Requests for authorization must be made at least three working days before the date of the meeting.
    II.-The duration of special leave granted under I to the same officer in a year shall not exceed ten days in the case of participation in congresses or meetings of the governing bodies of unions, federations or confederations of unrepresented unions in the common council of the public service. National trade unions that are affiliated with them have the same rights.
    "This limit is extended to twenty days a year in the case of participation 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 joint council of the public service. National trade unions that are affiliated to them enjoy the same rights.
    III.- Trade union representatives mandated to participate in the congresses or statutory meetings of the governing bodies of trade union organizations of a different level than those mentioned in the II may be granted leave of absence from the hour credits defined under Article 16. »

    Article 10 Learn more about this article...


    Section 14 of the same Order is repealed.

    Article 11 Learn more about this article...


    Article 15 of the same decree replaced by the following provisions:
    "Art. 15.-I. ― On a simple presentation of their convocation, union representatives shall be granted leave of absence when they are called to sit in the following proceedings:
    « 1° Meetings of the legislative assemblies of the institutions referred to in Article 2 of the Law of 9 January 1986 referred to above;
    « 2° Meetings of private inter-hospital cooperation organizations referred to in theArticle 1 of Decree No. 86-661 of 19 March 1986 setting out the list of private inter-hospital cooperation organizations mentioned in the 5th of Article 45 of the Act of 9 January 1986, with statutory provisions for the public hospital service;
    « 3° Sessions of the following organizations:
    “(a) Joint Council of the Public Service and Higher Council of the Hospital Public Service;
    “(b) National Advisory Committees, Technical Committees of Establishments, Joint Administrative Committees and Departmental Reform Committees of Local Government Officers;
    “(c) Medical establishment commissions;
    "(d) National Centre for the Management of Hospital Practitioners and Hospital Public Service Executives;
    “e) National Committee and Local Committees of the Fund for the Integration of Persons with Disabilities in the Public Service;
    “(f) Boards of directors of pension agencies, social security organizations and mutual funds.
    “II. ― Benefiting from the same rights:
    « 1° Representatives of staff holding a term of office or alternate in the proceedings listed in I when participating in meetings or working groups convened by the responsible administration or authority;
    « 2° Staff representatives to participate in negotiations within the framework of theArticle 8 bis of Act No. 83-634 of 13 July 1983 referred to above.
    "III. ― The duration of the absence authorization includes, in addition to the road delays, a period of time equal to double the foreseeable duration of the meeting, to allow the parties to ensure the preparation and reporting of the work.
    "IV. ― The provisions of this section are not applicable to meetings of hygiene, safety and working committees referred to in Articles L. 4611-1-1 and following of the Labour Code. »

    Article 12 Learn more about this article...


    Section 2 title: "Discharges of Service Activity" is replaced by the title: "Claim Time Credit".

    Article 13 Learn more about this article...


    Article 16 of the same decree is replaced by the following provisions:
    "Art. 16.-I. ― A total union time credit is determined within each institution following the general renewal of the consultation bodies of the hospital public service. It is expressed as a full-time equivalent.
    "The number of electors registered on the lists of electors for election to the Technical Establishment Committee is the number of electors who are considered for the calculation of this overall credit.
    “II. ― The total trade union time credit is calculated as follows:
    « 1° For one hour per thousand hours of work performed by electors on the technical committee for the establishment concerned;
    « 2° In accordance with the following scale:
    Less than 100 agents: number of hours per month equal to the number of agents in full-time permanent employment;
    100 to 200 agents: 100 hours per month;
    201 to 400 officers: 130 hours per month;
    401 to 600 officers: 170 hours per month;
    601 to 800 officers: 210 hours per month;
    801 to 1,000 agents: 250 hours per month;
    1 001 to 1,250 agents: 300 hours per month;
    1 251 to 1,500 agents: 350 hours per month;
    1 501 to 1,750 agents: 400 hours per month;
    1,751 to 2,000 officers: 450 hours per month;
    2 001 to 3,000 agents: 550 hours per month;
    3,001 to 4,000 agents: 650 hours per month;
    4,001 to 5,000 agents: 1,000 hours per month;
    5,001 to 6,000 agents: 1,500 hours per month;
    Over 6,000 officers: 100 overtime per month per 1,000 additional officers.
    "III. ― The overall trade union time credit is distributed among trade union organizations in view of their representativeness, appreciated as follows:
    « 1° Half of the total credit is distributed among trade union organizations represented on the technical committee of establishment, depending on the number of seats they obtained;
    « 2° The other half is distributed among all trade union organizations that have nominated for the election of the technical establishment committee, proportionally to the number of votes they obtained.
    "IV. ― The assigned trade union time credit is used freely for the purposes of trade union activity and the representation of staff to the administrative authority. It is usable, at the choice of the trade union organization, in the form of discharges of service activity or in the form of hour credits.
    "V. ― Trade union organizations designate beneficiaries of trade union time credits among their active representatives in the establishment. They communicate the name list to the director of the institution or his representative. In this list, the volumes of trade union time credit are specified in the form of discharges of service activity and in the form of hour credits.
    "Service discharges are expressed as an annual quotity of working time.
    "Time credits are expressed as absence authorizations expressed in hours, distributed monthly.
    "If the designation of an agent is incompatible with the proper operation of the service, the administrative authority, after the advice of the parity administrative board, invites the trade union organization to make its choice on another agent. »

    Article 14 Learn more about this article...


    Article 17 of the same decree is repealed.

    Article 15 Learn more about this article...


    Section 18 is replaced by the following:
    "Art. 18.-The social assessment of each institution 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 technical committee for the establishment. »

    Article 16 Learn more about this article...


    The second paragraph of section 19 of the Order is replaced by the following paragraph:
    "The agents thus made available may be available for a quotity between 20% and 100%. »

    Article 17 Learn more about this article...


    Article 20 of the same decree is replaced by the following provisions:
    "Art. 20.-The number of votes obtained by each of them in the elections to the technical committees of establishment, totaled at the national level, with the distribution of the remains according to the highest average rule.
    "The number of agents so distributed is estimated in full-time equivalent.
    "When the technical committees are renewed, the Minister responsible for Health shall notify each union organization of the number of officers available to it. »

    Article 18 Learn more about this article...


    Section 29-1 of the same Order is repealed.

    Article 19 Learn more about this article...


    Article 30 of the same decree is replaced by the following provisions:
    "Art. 30.-For the determination of the number of electors registered for the elections to the Technical Establishment Committee, as provided for in sections 3 and 16, the number of electors to be considered. »

  • Chapter II: Transitional and final provisions Rule 20 Learn more about this article...


    I. ― Trade union hour credits, as defined in articles 14 and 16 of the decree of 19 March 1986 referred to above in its writing before this decree, which could not be used for the year 2011 in institutions of less than 500 officers, are, at the request of a trade union organization and for its purpose, added to the departmental level, carried forward and usable in 2012.
    The same volume is carried forward annually to the next general renewal of the hospital public service advisory bodies.
    II. ― Can only give rise to this postponement of the credits of hours that could not have been used either because of the refusal against necessity of service by the competent authority, or because the trade union organization concerned did not report to the institution under the conditions provided for in the second paragraph of Article 2 of the Decree of 19 March 1986.
    Each trade union organization shall designate, among the agents in office in the establishments of the department, the person or persons who use these credits of hours, subject to the necessity of service.
    Institutions whose deferred hours credits were not used within them pay financial compensation to the attachment of the agent(s) who used these hours credits.
    The terms and conditions of application of the above paragraph shall be determined by order of the Minister for Health.

    Article 21 Learn more about this article...


    I. ― Until the next general renewal of the hospital public service advisory bodies and when the application of the rules set out inarticle 16 of the decree of 19 March 1986 referred to above, in its drafting from this decree, leads to the definition for the establishment of a total trade union time credit less than all the contingent-time facilities granted, at an equivalent perimeter, in accordance with the provisions in force on the date of publication of this decree, the director of the institution may, for a period of one renewable year, decide to maintain rights at a level equal to that of the previous year.
    II. ― In all cases, each trade union organization retains, until the end of 2012, a trade union time credit at least equal to the quota of service activity that it had in the previous year.

    Article 22 Learn more about this article...


    Until the next general renewal of the proceedings, the contingent of agents made available in article 19 of the decree of 19 March 1986 in its drafting of this decree is divided as follows:
    1° Each trade union organization that obtained more than 2.5% of the total number of votes at the national level in the elections to the technical establishment committee shall have three officers available;
    2° The remaining strength is divided among trade union organizations, depending on the number of votes obtained by each of them with distribution of the remains according to the highest average rule.
    The number of officers thus distributed is estimated in full-time equivalent.
    The Minister for Health shall notify each union organization of the number of officers available to it.

    Article 23 Learn more about this article...


    The Minister of Labour, Employment and Health, the Minister of Budget, Public Accounts and State Reform, spokesman of the Government, and the Minister of Public Service are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic and will enter into force on the first day of the month following its publication.


Done on 9 May 2012.


François Fillon


By the Prime Minister:


The Minister of Labour,

employment and health,

Xavier Bertrand

Minister of Budget, Public Accounts

and state reform,

Government spokesperson,

Valérie Pécresse

The Minister of Public Service,

François Sauvadet


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