Key Benefits:
Public officials concerned: civil servants belonging to the thirteen bodies of social service assistants of state administrations.
Subject: creation of an interdepartmental body of social service assistants of state administrations.
Entry into force: the text comes into force on October 1, 2012.
Notice: The purpose of this decree is to create a single interdepartmental body of social service assistants of state administrations, comprising the thirteen bodies of social service assistants under the control of Decree No. 91-783 of 1 August 1991 relating to the common statutory provisions applicable to the bodies of social service assistants of the state administrations. On the one hand, it provides for the permanent provisions applicable to the new interdepartmental body that reports to the Minister for Social Affairs. Thus, it defines the missions of this body and provides the competent recruitment and management authority within each departmental perimeter. It also sets out the career structure of this new body that will be made up of two grades, a grade of social service assistant and a grade of senior social service assistant. On the other hand, this decree sets the conditions for the integration of social service assistants into the new revalued grid of the interdepartmental body of social service assistants.
References: this decree can be consulted on the Legifrance website ( http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs and Health and the Minister of State Reform, Decentralization and Public Service,
Considering the code of social action and families;
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. 85-986 of 16 September 1985 amended on the particular regime of certain positions of State officials, the provision, integration and the final termination of functions;
Vu le Decree No. 2004-1105 of 19 October 2004 amended on the opening of recruitment procedures in the public service of the State;
Vu le Decree No. 2005-1090 of 1 September 2005 relative to the advancement of rank in the bodies of state administrations;
Vu le Decree No. 2009-1388 of 11 November 2009 amended bringing statutory provisions common to various bodies of officials of category B of the public service of the State;
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;
Vu le Decree No. 2010-888 of 28 July 2010 amended on the general conditions of appreciation of the professional value of government officials;
Considering the opinion of the Supreme Council of the State Civil Service of 10 April 2012;
The State Council (Section of Administration) heard,
Decrete:
It is created an interdepartmental body of social service assistants of state administrations under the Minister of Social Affairs classified in category B as provided for in article 29 of the law of 11 January 1984 referred to above.
The social service assistants of the state administrations exercise their functions in central administration, in the services of national jurisdiction, in the services decuncated, in the public institutions of the State, within the independent administrative authorities, in the services of the State or in the public institutions, operating abroad, in the courts and in the administrative formations of the armed forces.
In collaboration with other stakeholders, members of the inter-ministerial body of social service assistants of state administrations are implementing actions to assist agents, people, families with social or socio-professional difficulties, by seeking the causes that compromise their psychological, economic or social balance and by carrying out any actions that may prevent and remedy these difficulties in the context of individual and collective actions.
As such, they can assist the technical advisers of social service of state administrations.
The interdepartmental body of social service assistants of state administrations includes:
1° The rank of social service assistant with thirteen steps;
2° The rank of senior social service assistant with eleven ranks.
I. ― The Minister for Social Affairs shall ensure the recruitment, appointment, and assignment of social service assistants to the state administrations, with the exception of those who are recruited, appointed or assigned to one of the administrations or to one of the public institutions mentioned in the appendix to this decree.
II. ― The members of the body assigned in one of the administrations or in one of the public institutions listed in the appendix to this decree are attached for their management to the corresponding management authority referred to in the same annex.
III. – Members of the body assigned to a public administration or institution not listed in the appendix to this Order are attached to the Minister for Social Affairs for their management. In respect of these staff members, he shall exercise the authority for the appointment, termination of office, detachment and non-managerial position and shall also make all decisions requiring the prior notice of the parity administrative board. Other management decisions are made by the Minister to whom they are assigned or, where they are assigned to a public institution, by the executive head of the institution to which the post is assigned.
IV. ― Where the organization of the ministerial departments considered provides for a common human resources management or a common general secretariat, the management of the members of the body assigned to these ministerial departments may be common and placed under the authority of one or more of the ministers concerned.
V. ― The members of the body placed in one of the positions other than the position of activity and those made available remain attached to the administration within which they were assigned before being placed in that position or before being made available.
VI. ― Social service assistants assigned to a joint public institution of several ministers remain attached to the administration to which they were previously assigned.
It is not created an interdepartmental parity board.
A Joint Administrative Committee shall be placed with the Minister for Social Affairs and with each of the Ministers mentioned in the appendix to this Order.
However, a joint administrative commission under the authority of several ministers may be established by joint order of the Ministers concerned and the Minister for Public Service where the organization of the departments concerned provides a common human resources management or a common general secretariat.
The Minister for Social Affairs submits, every two years, to the statutory commission of the Conseil Supérieur de la Service publique de l'Etat, an assessment of the management of this body, based on the assessments prepared by the ministers mentioned in the annex to this decree.
Social service assistants are recruited through external competitions and internal competitions. These contests are title contests. They have an interview with the jury.
Candidates who meet the conditions set out in sections L. 411-1 to L. 411-6 of the Social Action Code and the families to be entitled to the title and to be able to exercise the activity of social service assistant.
The external competition is open to at least one third and not more than two thirds of the positions offered at both competitions.
The internal competition is open to officials and officials of the State, territorial authorities and public institutions who depend on it for four years of public services as of January 1st of the year under which the competition is organized.
Places offered to contests that have not been filled by the nomination of candidates for one of the contests may be awarded to candidates for the other contest.
The general rules of the competitions and the duration and content of the maintenance provided for in the preceding section are set by joint order of the Minister for Social Affairs and the Minister for Public Service.
The conditions for organizing the contest and the composition of the jury shall be determined by order of the minister concerned mentioned in section 5.
Contests under Article 8 may be common to several of the jurisdictions referred to in Article 5.
In this case, the candidates mention, in order of preference, the administrations in which they wish to be appointed. Appointments are made based on the classification order and preferences of the interested parties.
Candidates admitted to the examinations provided for in Article 8 are appointed social service assistant trainees and perform a one-year internship.
The organization of the internship is set by order of the Minister for Social Affairs.
Upon completion of the internship, trainees whose services have been satisfied are held by order of the Minister mentioned in section 5.
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 advancement within one year.
Staff members recruited under Article 8 shall, upon appointment, be assigned to the first level of the rank of social service assistant subject to the provisions of Articles 14, 15 and 16 of this Decree and those of articles 14, 15 and 17 of the decree of 11 November 2009 referred to above. A same period of professional activity 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 to the rank of social service assistant, 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 the provisions of another of these articles be applied to them if they are more favourable.
The effective duration of the national service performed as called under theArticle L. 63 of the National Service Code as well as the actual time spent on civic service or international volunteering, pursuant to articles L. 120-33 or L. 122-16 of the same code, are taken into account in their entirety.
I. ― 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 | 10th | Formerly acquired within two years |
| 7th step | 9th | 3/4 of acquired seniority |
| 6th step | 8th | 1/2 of acquired seniority |
| 5th step | 7th | Formerly acquired |
| 4th step | 6th | 2/3 of acquired seniority |
| Step three: | | |
| ― from two years | 6th | Not old |
| - before two years | 5th | Formerly acquired |
| 2nd step: | | |
| ― from a year | 5th | Not old |
| - before a year | 4th | Older acquired aged one year |
| 1 step | 4th | Older acquired beyond a year |
| 11th step | 8th | 1/2 of the acquired seniority, increased by one year |
| 10th step | 8th | 1/4 of acquired seniority |
| 9th step | 7th | 1/2 of acquired seniority |
| 8th step | 6th | 1/2 of acquired seniority |
| 7th step | 5th | 1/2 of acquired seniority |
| 6th step | 4th | 1/3 of the acquired seniority, increased by one year |
| 5th step | | |
| ― from two years | 4th | Formerly acquired beyond two years |
| - before two years | 3rd | 1/2 of the acquired seniority, increased by one year |
| 4th step | 3rd | 1/3 of acquired seniority |
| 3rd step | 2nd | 1/2 of the acquired seniority, increased by one year |
| 2nd step | | |
| ― from a year | 2nd | Older acquired beyond a year |
| - before a year | 1 | Older acquired six months |
| 1 step | 1 | 1/2 of acquired seniority |
Subject to the fact that they have justified in their previous duties the possession of the titles or diplomas provided for in Article 8, the social service assistants of the state administrations who, before their appointment in this body, have been employed and paid in functions corresponding to those of social service assistant by a care institution or by a social or medical, public or private institution, and who cannot avail themselves of the maximum provisions of the title
Resuming seniority under this section can only be attributed once in the course of their careers.
The resumption of services under the first paragraph may not exceed the duration resulting from the application of thearticle 15 of the decree of 11 November 2009 referred to above, plus the length of time between the date of entry into force of this decree of the date of appointment in the body of the social service assistants of the state administrations.
Persons who justify, prior to their appointment in this body, 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 Articles 2 and 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 to the provisions of Article 13 of this Decree instead of those of Decree of 22 March 2010 mentioned above.
I. ― Agents who, on the date of their appointment in the body of social service assistants of the state administrations, have the status of civil civil servant benefit from the provisions of Article 23 of the Decree of 11 November 2009 referred to above.
II. ― Agents who, on the date of their appointment in the body of social service assistants of state administrations, have the status of non-public law officer shall benefit from provisions of Article 23 of the Decree of 11 November 2009 referred to above.
I. ― The length of time spent in each of the ranks of the body of the social service assistants of the state administrations is fixed as follows:
| Senior Social Service Assistant | 11th | ― |
| | 10th | 3 years |
| | 9th | 2 years 6 months |
| | 8th | 2 years 6 months |
| | 7th | 2 years |
| | 6th | 2 years |
| | 5th | 2 years |
| | 4th | 2 years |
| | 3rd | 2 years |
| | 2nd | 2 years |
| | 1 | 1 year |
| Social Service Assistant | 13th | ― |
| | 12th | 4 years |
| | 11th | 3 years |
| | 10th | 3 years |
| | 9th | 3 years |
| | 8th | 2 years |
| | 7th | 2 years |
| | 6th | 2 years |
| | 5th | 2 years |
| | 4th | 2 years |
| | 3rd | 2 years |
| | 2nd | 2 years |
| | 1 | 1 year |
Can be promoted to the rank of Senior Social Service Assistant, at the option of enrolling in an advance table, established after notice by the Joint Administrative Committee, social service assistants who have reached at least the 5th step of their grade and justifying at least four years of actual service in a body, employment framework or employment of category B or the same level.
Staff members promoted are classified in accordance with the following correspondence table:
| 13th step | 9th | Formerly acquired |
| 12th step | 8th | 5/8 of acquired seniority |
| 11th step | 7th | 2/3 of acquired seniority |
| 10th step | 6th | 2/3 of acquired seniority |
| 9th step | 5th | 2/3 of acquired seniority |
| 8th step | 4th | Formerly acquired |
| 7th step | 3rd | Formerly acquired |
| 6th step | 2nd | Formerly acquired |
| 5th step | 1 | 1/2 of acquired seniority |
Derogation from provisions decree of 1 September 2005, the maximum number of social service assistants that can be promoted to the rank of senior social service assistant in each of the administrations referred to in section 5 is determined by applying a promotion rate to the workforce of social service assistants under the same management authority and fulfilling the conditions for this grade promotion. This workforce is estimated at 31 December of the year prior to the year in which promotions are pronounced.
A reference promotion rate shall be determined by a joint decree of the Minister for Social Affairs, after the advice of the ministers mentioned in the appendix to this decree and after the Ministers responsible for the Public Service and Budget.
This rate may be raised within one of the jurisdictions or one of the establishments mentioned in section 5 when the body's demographic situation justifies it. This derogatory rate is determined by a joint decree of the Minister for Social Affairs and the Minister concerned, following the proper advice of the ministers responsible for the public service and the budget.
When the number of promotions calculated within one of the administrations referred to in section 5 is not an integer, the decimal is added to the number calculated for the following year. However, where the application of the foregoing provisions does not permit appointments for two consecutive years, an appointment in the grade of advancement may be made in the third year. In this case, the accumulated decimals are not deferred the following year.
The notice referred to in the second and third paragraphs shall be deemed to have been acquired in the absence of an observation within 10 working days from the receipt of the referral.
Can only be detached or directly integrated into the body of the social service assistants of the state administrations public servants belonging to a body or employment framework or occupying a job classified as category B or the same level and fulfilling the conditions set out in articles L. 411-1 to L. 411-6 of the social action code and families to be entitled to the title and to be able to exercise the activity of social service assistant.
Officials placed in a detachment position in the interdepartmental body of social service assistants of state administrations may, at any time, ask to be integrated into this body.
Services performed in the body or framework of original employments are considered to be services performed in the integration body.
On the date of entry into force of this decree, the members of the bodies governed by the Decree No. 91-783 of 1 August 1991 relating to the common statutory provisions applicable to the bodies of social service assistants of the state administrations are integrated into the interdepartmental body of social service assistants of the state administrations governed by this decree and reclassified in accordance with the following correspondence table:
| Senior Social Service Assistant | Senior Social Service Assistant | |
| 7th step | 10th step | Formerly acquired |
| Step 6: | | |
| ― from three years | 10th step | Not old |
| - before three years | 9th step | 5/6 of acquired seniority |
| Step 5: | | |
| ― from a year six months | 8th step | 5/3 of the old age acquired beyond 1 year 6 months |
| before a year six months | 7th step | 4/3 of acquired seniority |
| 4th step | 6th step | 2/3 of acquired seniority |
| 3rd step | 5th step | 2/3 of acquired seniority |
| 2nd step | 4th step | Formerly acquired |
| 1st step: | | |
| ― from a year | 3rd step | Twice the seniority acquired beyond 1 year |
| - before a year | 2nd step | Twice acquired seniority |
| Social Service Assistant | Social Service Assistant | |
| 10th step | 13th step | Formerly acquired |
| 9th step: | | |
| ― from two years | 12th step | Twice seniority acquired beyond 2 years |
| - before two years | 11th step | 3/2 of acquired seniority |
| 8th step | 10th step | Formerly acquired |
| 7th step | 9th step | Formerly acquired |
| 6th step | 8th step | 2/3 of acquired seniority |
| Step 5: | | |
| ― from a year | 7th step | Twice the seniority acquired beyond 1 year |
| - before a year | 6th step | Twice acquired seniority |
| 4th step | 5th step | Formerly acquired |
| Step three: | | |
| ― from a year | 4th step | Twice the seniority acquired beyond 1 year |
| - before a year | 3rd step | Older acquired increased by 1 year |
| 2nd step: | | |
| ― from a year six months | 3rd step | Twice seniority acquired beyond 1 year 6 months |
| before a year six months | 2nd step | 2/3 of the acquired seniority increased by 1 year |
| 1st step: | | |
| from six months | 2nd step | Twice seniority acquired beyond 6 months |
| before six months | 1 step | Twice acquired seniority |
I. ― Officials belonging to one of the bodies governed by the provisions of the Decree No. 91-783 of 1 August 1991 relative to the common statutory provisions applicable to the bodies of social service assistants of the state administrations, seconded in another of these bodies, are assigned to the position of activity in their host administration. They are classified in the interdepartmental body of the social service assistants of the state administrations under the conditions provided for in Article 23 of this decree taking into account the situation in their detachment body or, if it is more favourable to them, in their original body.
II. ― Officials detached from one of the bodies governed by the provisions of the decree of 1 August 1991 mentioned above not belonging to another of these bodies are placed in a detachment position in the interdepartmental body of the social service assistants of the state administrations for the duration of the detachment remaining to run. They are classified in this body under the conditions laid down in Article 23 of this decree. The services performed by the persons concerned in the position of detachment in their former bodies and ranks are assimilated to services in the position of detachment in the interdepartmental body of the social service assistants of the state administrations.
III. ― Public servants referred to in I and II retain the reductions and increases of seniority granted and not used for the advancement of their former bodies.
Upon request and by derogation from the second and third paragraphs of Article 5, the officials referred to in Article 24 I shall be attached to their original administration for a period of not more than five years or to a change in their assignment administration.
By derogation from the provisions of the second and third paragraphs of Article 5, the social service assistants of the State administrations assigned, at the date of entry into force of this decree, pursuant to the decree of 18 April 2008 referred to above, in an administration or in an institution under the Minister for Social Affairs or set out in the annex to this decree are attached, on their request, to their original administration for a period of up to five years or up to
Trainees from the bodies referred to in Article 23 continue their internship in the interdepartmental body of the social service assistants of the state administrations governed by this decree.
I. ― The access examinations to the bodies referred to in Article 23 whose opening order was published before the date of integration into the interdepartmental body of the social service assistants of the state administrations continues until their end. The winners of these contests, whose appointment has not been made in the body to which this contest gives access before that same date, may be appointed as a trainee in the body governed by this decree.
II. ― Complementary lists established by the jury of the competitions referred to in I may be used to fill vacancies within the body governed by this decree.
Contractual agents recruited under section 27 of the above-mentioned Act of 11 January 1984, which are intended to be titularized in one of the bodies mentioned in section 23 of this Decree, shall be held in office and shall be held in the body governed by this Decree.
The progress tables at the rank of Senior Social Service Assistant established for the year 2012 remain valid until December 31 of that year.
Public servants promoted under 2012 after the date of entry into force of this Order are classified as the senior social service assistant, taking into account the situation that would have been theirs if they had continued, until the date of their promotion, their career in their former rank governed by the provisions of the Decree No. 91-783 of 1 August 1991 relating to the common statutory provisions applicable to the bodies of social service assistants of the state administrations and then reclassified to the date of their promotion under the conditions set out in the table mentioned in article 23 of this decree.
The parity administrative commission composed of representatives of one of the bodies of the ministers mentioned in the annex to this decree remains competent until the expiry of the term of its members.
The members of the Joint Administrative Committees of the bodies referred to in section 23 of the Minister for Social Affairs and Ministers not listed in the schedule to this Order shall sit in joint training until the establishment of a new Joint Administrative Committee which shall be held within eighteen months from the date of entry into force of this Order.
Decree No. 91-783 of 1 August 1991 on the common statutory provisions applicable to the bodies of social service assistants of State administrations is repealed.
This Order comes into force on 1 October 2012.
The Minister of Foreign Affairs, the Minister of National Education, the Minister of Justice, the Minister of Economy and Finance, the Minister of Social Affairs and Health, the Minister of the Interior, the Minister of Production Recovery, the Minister of Ecology, Sustainable Development and Energy, the Minister of Labour, Employment, Vocational Training and Social Dialogue
A N N E X E
| Minister of Defence | Public services and facilities under the Minister of Defence and administrative training of the armed forces |
| Minister for Sustainable Development | Public services and institutions under the Ministers for Sustainable Development, Ecology, Transport, Housing, Land Management and the Sea |
| Minister of Interior | Public services and facilities under the Minister of the Interior, the Minister for Territorial, Overseas and Immigration |
| | Registry services of administrative tribunals and administrative appeal courses |
| Ministers responsible for the economy, finance and industry | Public services and institutions under the responsibility of Ministers for Economics, Finance, Industry, Budget, Public Accounts, Public Service and State Reform |
| Minister of National Education | Public services and institutions under the Minister of National Education, Higher Education and Research |
Done on 28 September 2012.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of State Reform,
decentralization
and the Public Service,
Marylise Lebranchu
Minister of Foreign Affairs,
Laurent Fabius
Minister of National Education,
Vincent Peillon
The guard of the seals,
Minister of Justice,
Christiane Taubira
Minister of Economy and Finance,
Pierre Moscovici
Minister of Social Affairs
and Health,
Marisol Touraine
The Minister of the Interior,
Manuel Valls
Minister of Productive Recovery
Arnaud Montebourg
The Minister of Ecology,
Sustainable Development
and energy,
Delphine Batho
The Minister of Labour, Employment,
vocational training
and Social Dialogue,
Michel Sapin
Minister of Defence,
Jean-Yves Le Drian
Minister of Culture
and communication,
Aurélie Filippetti
Minister of Higher Education
and research,
Geneviève Fioraso
Minister of Agriculture,
agri-food and forest,
Stéphane Le Foll
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Jérôme Cahuzac
