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Decree No. 2012 - 1099 September 28, 2012 On The Particular Status Of The Interdepartmental Body Of Technical Advisors Of The Administrations Of The State Social Service

Original Language Title: Décret n° 2012-1099 du 28 septembre 2012 portant statut particulier du corps interministériel des conseillers techniques de service social des administrations de l'Etat

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Summary

Repeal of Decree 91-784.

Keywords

PUBLIC FUNCTION OF THE EAT , INTERMINISTERIAL CORPORATION , TECHNICAL TECHNICAL SERVICE TECHNICAL , PARTICULAR , CATEGORY A , FUNCTIONAL , FUNCTIONING , AMELIORATION OF FEATURE ,


JORF no.0228 of 30 September 2012
text No. 12



Decree No. 2012-1099 of 28 September 2012 on the special status of the interdepartmental body of the technical advisers of social service of the state administrations

NOR: RDFF1220662D ELI: https://www.legifrance.gouv.fr/eli/decret/2012/9/28/RDFF1220662D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2012/9/28/2012-1099/jo/texte

Public officials concerned: civil servants belonging to the twelve bodies of technical councillors of social service of state administrations.
Subject: creation of an interdepartmental body of technical advisers of social service 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 technical advisers of social service of the state administrations, comprising the twelve bodies of technical advisers of social service under the supervision of Decree No. 91-784 of 1 August 1991 relating to the common statutory provisions applicable to the bodies of the technical advisers of social service 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 designates the competent recruitment and management authority within each departmental perimeter. It also sets the career structure of this new body, made of a single grade. On the other hand, this decree sets the conditions for the integration of technical advisors of social service in the new revalued grid of the interdepartmental body of technical advisers of social service.
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 concerning the opening of recruitment procedures in 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;
Vu le Decree No. 2012-1098 of 28 September 2012 bearing particular status of the interdepartmental body of social service assistants of state administrations;
Considering the opinion of the Supreme Council of the State Civil Service of 10 April 2012;
The State Council (Section of Administration) heard,
Decrete:

  • Chapter I: General provisions Article 1 Learn more about this article...


    It is created an interdepartmental body of technical advisers of social service of the state administrations under the Minister for Social Affairs, classified in category A under section 29 of the law of 11 January 1984 referred to above.

    Article 2 Learn more about this article...


    The technical advisers of the social service of the state administrations carry out their functions in central administration, in the services of national jurisdiction, in the services decuncated, in the public institutions of the State, in 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.

    Article 3 Learn more about this article...


    The members of the interdepartmental body of the technical advisers of social service of the state administrations ensure the design and responsibility for the conduct of actions aimed at assisting agents, people, families who are experiencing 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.
    They are intended to provide leadership or coordination functions for the activities of social service assistants of the state administrations as well as functions of expertise in the implementation of social action policies.

    Article 4 Learn more about this article...


    The interdepartmental body of the technical advisers of social service of state administrations has a single rank comprising nine levels.

    Article 5 Learn more about this article...


    I. ― The Minister for Social Affairs shall ensure the recruitment, appointment and assignment of the technical advisers of social service of the state administrations, with the exception of those who are recruited 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 this 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. ― Technical Social Service Advisors assigned to a joint public institution of several ministers remain attached to the administration to which they were previously assigned.

    Article 6 Learn more about this article...


    It is not created an interdepartmental parity commission.
    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 responsible for the public service when the organization of the departments concerned provides for a common human resources management or a common general secretariat.

    Article 7 Learn more about this article...


    The Minister for Social Affairs shall present, every two years, to the statutory commission of the Conseil Supérieur de la Service publique de l'Etat a review of the management of this body, on the basis of the assessments prepared by the ministers mentioned in the annex to this decree.

  • Chapter II: Recruitment Article 8 Learn more about this article...


    I. ― Technical social service advisers are recruited:
    1° Through internal competitions on open trials to members of the interdepartmental body of social service assistants of state administrations as well as members of the employment framework of socio-educational territorial assistants and members of the body of socio-educational assistants of the hospital public service. Candidates must justify at least six years of effective service as of January 1 of the year for which the contest is organized in a body of social service assistants, in the exercise of the social service assistant speciality of the employment framework of socio-educational territorial assistants or in a job as social service assistant of the body of socio-educational assistants of the public hospital service;
    2° At choice, after registration on a suitability list established after notice of the parity administrative commission, within a limit between one-fifth and one-third of the total number of appointments made under the 1°, long-term detachments and direct integrations, among members of the interdepartmental body of the social service assistants of the state administrations under the management authority establishing the suitability list, holders of the grade of assistant. It is also taken into account the changes of technical social service advisors following which they were attached to the authority for their management.
    By derogation from the previous paragraph, the social service assistants of the state administrations under the management authority of one of the ministers mentioned in theannex to the decree of 28 September 2012 referred to above not listed in the schedule to this Order may be listed on the Fitness List prepared by the Minister for Social Affairs.
    II. ― Where this method of calculation allows a higher number of appointments than that resulting from the application of the 2° of the I, the number of appointments likely to be made under the 2° of the I can be calculated by applying the proportion of a fifth to 5% of the staff of the body of the technical advisers of the social service of the State administrations in the position of activity and detachment in the body as of December 31 of the year preceding that

    Article 9 Learn more about this article...


    The rules of general organization of the competition, as well as the nature and program of the tests, 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.

    Article 10 Learn more about this article...


    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.

    Article 11 Learn more about this article...


    The technical advisers of social service of State administrations recruited under 1° of Article 8 are appointed technical advisers of social service trainees and undertake a one-year internship.
    The organization of the internship is set by order of the Minister for Social Affairs.
    The technical advisers of social service of the State administrations recruited under the 2nd of Article 8 shall be immediately registered under the conditions laid down in Article 13.

    Article 12 Learn more about this article...


    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 reintegrated into their original body or employment framework.
    The duration of the internship is taken into account for the advancement within one year.

  • Chapter III: Classification provisions Article 13 Learn more about this article...


    Staff members recruited under section 8 shall be classified, upon appointment, at the level with an index equal to or, if not, immediately greater than that held in their original grade.
    Within the limit of the average seniority required in section 14 for a promotion at the upper level, they retain the seniority acquired in their previous grade when the increase in treatment following their appointment is less than that which would result from a level advancement in their former situation.
    Candidates appointed while they have reached the terminal level of their previous grade retain their seniority in the same conditions and limits when the salary increase following their appointment is less than that resulting from an audit phase promotion.

  • Chapter IV: Advance Article 14 Learn more about this article...


    I. ― The duration of the time spent in each of the ranks of the technical council of social service of the state administrations is fixed as follows:


    GRADE

    DURING

    Technical Adviser on Social Service

    9th



    8th

    3 years


    7th

    2 years 6 months


    6th

    2 years 6 months


    5

    2 years 6 months


    4th

    2 years 6 months


    3rd

    2 years


    2nd

    2 years


    1

    2 years


    II. - By derogation from Decree of 28 July 2010, reductions of seniority of one month are granted, each year, to each of the members of the body, with the exception of those of them who have reached the sommital level of their rank and these reductions of seniority are not subject to the opinion of the parity administrative commission.

  • Chapter V: Detachment and Direct Integration Article 15 Learn more about this article...


    Can only be detached or directly integrated into the body of the social service technical advisers of the state administrations, civil servants belonging to a body or employment framework classified in the same category performing functions equivalent to those of the technical social service advisers and fulfilling the conditions provided for in articles L. 411-1 to L. 411-6 of the code of social action and families.
    Officials placed in a position of detachment in the interdepartmental body of technical advisers of social service 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.

  • Chapter VI: Transitional provisions Article 16 Learn more about this article...


    On the date of entry into force of this decree, the members of the bodies governed by the Decree No. 91-784 of 1 August 1991 relating to the common statutory provisions applicable to the bodies of the technical advisers of social service of the state administrations are integrated into the interdepartmental body of the technical advisers of social service of the state administrations and reclassified in accordance with the following correspondence table:


    ANTUREMENT
    Technical Adviser on Social Service
    NEW SITUATION
    Technical Adviser on Social Service
    Echelon
    Echelon
    Old preserved
    within the time limit
    maximum level

    8th step:



    ― from two years

    8th step

    Not old

    – before two years of seniority

    7th step

    Formerly acquired, increased by one year

    7th step

    7th step

    1/4 of acquired seniority

    6th step



    ― from two years

    6th step

    5/4 of seniority acquired beyond two years

    - before two years

    5th step

    5/4 of acquired seniority

    5th step

    4th step

    5/4 of acquired seniority

    4th step

    3rd step

    5/4 of acquired seniority

    3rd step

    2nd step

    Formerly acquired

    2nd step

    2nd step

    Not old

    1 step

    1 step

    Formerly acquired


    Interested individuals retain the reductions and increases of seniority granted and not used for a level advancement in their former bodies.
    The services performed by these agents in their bodies and rank of origin are assimilated to services performed in their bodies and degree of integration.

    Article 17 Learn more about this article...


    I. ― Officials belonging to one of the bodies governed by the provisions of the Decree No. 91-784 of 1 August 1991 relative to the common statutory provisions applicable to the bodies of the technical advisers of social service 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 technical advisers of social service of the state administrations under the conditions provided for in Article 16 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 aforementioned decree of 1 August 1991 not belonging to another of these bodies are placed in a detachment position in the interdepartmental body of the technical advisers of social service 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 16 of this decree. The services performed by the persons concerned in the position of detachment in their former bodies and grades are assimilated to services in the position of detachment in the interdepartmental body of the technical advisers of social service 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.

    Article 18 Learn more about this article...


    Upon request and by derogation from the second and third paragraphs of Article 5, the officials referred to in Article 17 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.

    Article 19 Learn more about this article...


    By derogation from the provisions of the second and third paragraphs of Article 5, the technical advisers of social service 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, upon their request, to their administration of origin for a period of up to five years or

    Rule 20 Learn more about this article...


    Trainees under the bodies referred to in Article 16 continue their training in the interdepartmental body of the technical advisers of social service of the state administrations governed by this decree.

    Article 21 Learn more about this article...


    I. ― The access competitions to the bodies referred to in Article 16 whose opening order was published before the date of integration into the interdepartmental body of the technical advisers of social service 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.

    Article 22 Learn more about this article...


    Officials on a list of suitability for access to one of the bodies referred to in Article 16 of this Decree, pursuant to Article 26 of the Act of 11 January 1984 referred to above, retain the possibility of being appointed in the body governed by this Decree.

    Article 23 Learn more about this article...


    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 referred to in Article 16 of this Decree, shall be held in office and shall be held in the body governed by this Decree.

    Article 24 Learn more about this article...


    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 Article 16 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 the new Joint Administrative Committee which shall take place within eighteen months from the date of entry into force of this Order.

    Rule 25 Learn more about this article...


    Decree No. 91-784 of 1 August 1991 on the common statutory provisions applicable to the bodies of the technical advisers of social service of the state administrations is repealed.

    Rule 26 Learn more about this article...


    This Order comes into force on 1 October 2012.

    Rule 27 Learn more about this article...


    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

  • Annex



    A N N E X E



    RATTACHEMENT
    for recruitment and management
    AFFECTATION LINKS

    Minister of Defence

    Public services and facilities under the Minister of Defence and administrative training of the armed forces

    Minister of National Education

    Public services and institutions under the Minister of National Education, Higher Education, 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


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