Key Benefits:
Public officials concerned: civil servants belonging to the body of technical advisors of social service of state administrations, socio-educational territorial advisers and socio-educational managers of the public hospital service.
Subject: creation of an interdepartmental employment status to advise for the social action of state administrations.
Entry into force: the text comes into force on October 1, 2012.
Notice: The purpose of this decree is to create an interdepartmental employment status as a councillor for the social action of state administrations that has six levels and a special step. It defines the nature and level of functions related to employment as an advisor for social action. The number of jobs is determined by a joint order of the Minister for Public Service, Budget and on the one hand, of the Minister for Central Administration, National Service and Deconcentrated Services and, on the other, of the ministers responsible for guardianship for administrative public institutions. The decree also sets out the conditions of eligibility for these jobs, open to the technical advisers of social service of the state administrations, and to the members of the employment frameworks and counterpart bodies of the territorial public service and the hospital public 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,
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. 92-841 of 28 August 1992 amended with special status of the employment framework of socio-educational territorial advisers;
Vu le Decree No. 2007-839 of 11 May 2007 amended with special status of the body of the socio-educational frameworks of the public hospital service;
Vu le Decree No. 2012-1099 of 28 September 2012 bearing particular status of the interdepartmental body of the technical advisers of social service of the 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:
This decree sets the rules of appointment and advancement in the jobs of councillor for the social action of the state administrations.
The employment of councillors for the social action of the state administrations can be created within the central administrations, the services with national competence, the decentralized services, the state administrative public institutions as well as in the administrative formations of the armed forces.
Officials appointed in a job as an adviser for the social action of state administrations contribute to the evolution of the policy of social action of the administration or establishment of which their employment relates.
They are responsible for coordinating and animating and are responsible for overseeing the work of social service technical advisers and, where appropriate, social service assistant teams. They carry out a mission of technical advice and social expertise for the benefit of the authorities to which they are placed.
Counselors for social action in employment with the special level referred to in Article 6 are responsible for the technical inspection functions of technical advisers and social service assistants, involving a high qualification level.
The number of jobs to advise on the social action of state administrations is determined by a joint order, on the one hand, of the minister responsible for the public service, of the minister responsible for the budget, and on the other:
1° For central administrations, national jurisdiction and de-concentrated services, the minister whose jobs are in place;
2° For administrative public institutions, ministers responsible for guardianship; In this case, the order is made on the proposal of the executive head of the institution.
The list and location of these jobs shall be determined by order of the Minister whose employment is carried out for the administrations and services mentioned in the 1st or by order of the ministers responsible for guardianship, on the proposal of the executive head of the institution, for the jobs of the institutions mentioned in the 2nd.
Can be appointed to a job as a councillor for the social action of state administrations:
1° Technical advisers of social service of state administrations governed by the decree of 28 September 2012 referred to above having reached at least the 5th step of their grade and having at least three years of exercise in supervisory functions;
2° Socio-educational territorial councillors of the territorial public service governed by the Decree of 28 August 1992 having reached at least the 6th grade level and having at least three years of exercise in supervisory functions;
3° Socio-educational frameworks of the hospital public service governed by the Decree of 11 May 2007 having reached at least the 6th level of the grade of socio-educational framework and senior socio-educational officials with at least three years of exercise in supervisory functions, respectively.
The employment of councillor for the social action of state administrations has six levels and a special level.
The time spent in each ladder to reach the upper ladder is one year and six months for the first ladder, two years for the second, third and fourth ladder, two years and three months for the fifth ladder.
When the job has a special level, the duration of the time spent at the sixth level is two years and three months.
The number of jobs that allow access to the special level is determined, on the one hand, by joint order of the Minister for Public Service, the Minister for Budget and, on the other:
1° For central administrations, national jurisdiction and de-concentrated services, the minister whose jobs are in place;
2° For administrative public institutions, ministers responsible for guardianship; in this case, the order is taken on the proposal of the executive head of the institution;
The list and location of these jobs shall be determined by order of the Minister whose employment is carried out for the administrations and services mentioned in the 1st or by order of the ministers responsible for guardianship, on the proposal of the executive head of the institution, for the jobs of the institutions mentioned in the 2nd.
The councillors for the social action of State administrations are appointed by order of the minister for employment or, if necessary, by decision of the executive head of the institution, for a maximum of five years renewable, without the total duration of which may exceed ten years in the same employment.
Officials appointed in this job are placed in the position of detachment of their bodies or employment framework.
The administrative commission of the body or the framework of employment of which the agent reports is not consulted on the placement in the detachment position.
They may be removed in the interest of the service.
Where an employee at the end of detachment is in the situation of obtaining, within a period equal to or less than two years, the liquidation of his or her pension rights at the maximum rate defined in Article L. 13 of the Civil and Military Pension Code, an exceptional extension of detachment on the same employment may be granted, upon request, for a period not exceeding two years. The same applies to an employee who is two years or less of the age limit applicable to him.
Except in the case of the renewal of a civil servant employed as a councillor for the social action of State administrations, any appointment in the employment of councillor for the social action of State administrations is preceded by the publication of a vacancy announcement at the national level on the website of the ministry responsible for the public service.
Technical advisers of social service of state administrations governed by the decree of 28 September 2012 referred to above Appointed in a job as an adviser for the social action of state administrations are classified in this employment in accordance with the following correspondence table:
| Technical Adviser on Social Service | | |
| 9th step | 5th step | Formerly acquired |
| 8th step | 4th step | 2/3 of acquired seniority |
| 7th step | 3rd step | 4/5 of acquired seniority |
| 6th step | 2nd step | 4/5 of acquired seniority |
| 5th step | 1 step | 3/5 of acquired seniority |
Territorial Social-Educational Advisors Decree of 28 August 1992 Appointed in a job as an adviser for the social action of state administrations are classified in this employment in accordance with the following correspondence table:
| Socio-educational territorial councillor | | |
| 8th step | 3rd step | Formerly acquired |
| 7th step | 2nd step | 1/2 of acquired seniority |
| 6th step | 1 step | 3/8 of acquired seniority |
Socio-educational frameworks governed by the Decree No. 2007-839 of 11 May 2007 Appointed in a job as an adviser for the social action of state administrations are classified in this employment in accordance with the following correspondence table:
| Socio-educational higher framework | | |
| 6th step | 6th step | Not old |
| 5th step | 6th step | Not old |
| 4th step | 5th step | 3/4 of acquired seniority |
| 3rd step | 4th step | 2/3 of acquired seniority |
| 2nd step | 3rd step | 2/3 of acquired seniority |
| 1 step | 2nd step | Formerly acquired |
| Socio-educational framework | | |
| 8th step | 5th step | Formerly acquired |
| 7th step for at least two years | 4th step | Formerly acquired beyond two years |
| 7th step for less than two years | 3rd step | Formerly acquired |
| 6th step | 2nd step | 1/2 of acquired seniority |
Employees who were seconded to a job as an advisor for the social action of state administrations while they were employed as an adviser for social action are classified at the level and with the seniority they held in the previously occupied employment.
When this classification modality is more favourable to them, officials appointed in a job as an adviser for the social action of State administrations who, in the twelve-month period preceding the appointment, held for six months a job with a terminal gross index at least equal to that of social action adviser are classified at the level with an equal index or, if not, immediately higher than that held in that employment.
Counselors for the social action of the defence governed by the Decree No. 2009-677 of 11 June 2009 relating to the employment of counsel for the social action of the defence, who occupy one of the jobs listed in Article 3 of this decree, are maintained in these functions and detached for the duration of the remaining detachment to run in the employment of counsel for the social action of the state administrations. They are classified in this job at the level they have reached in their original job. Within the limits of the seniority required in section 6 of this Order for a promotion at the higher level, they retain the seniority they had acquired in their original employment.
Officials held in their duties and detached in a position of councillor for the social action of State administrations pursuant to the provisions of Article 13 may not, at the end of their detachment, be renewed in the same employment as for a new period of five years. At the end of this new period, those in the situation of seeking the liquidation of their right to pension within two years may be granted an exceptional extension of detachment in the same employment for a maximum period of two years.
I. ― Decree No. 2009-677 of 11 June 2009 on the employment of counsel for the social action of defence is repealed.
II. ― Orders made pursuant to Article 3 of the aforementioned Decree of 11 June 2009 remain in force under Article 4 of this Decree.
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
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
