Key Benefits:
Publics concerned: staff of the National Agency for Social Cohesion and Equal Opportunities (ACSé).
Subject: provisions applicable to contractual agents of the CEA.
Entry into force: the text comes into force on the day after its publication.
Notice: This text draws the consequences of the provisions of the Act No. 2012-347 of 12 March 2012 which removes the possibility, so far, offered to the ACSé, of recruiting non-registrant personnel for an indefinite period. It puts an end to the regulatory framework applicable to contractual agents, which has been maintained on a transitional basis since the establishment of the agency.
At the same time, it consolidates the applicable rules and indiciary adjustments.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Land Equality and Housing,
Considering the code of social action and families, including articles L. 121-14 to L. 121-19 and R. 121-13 to R. 121-25;
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 la Act No. 2006-396 of 31 March 2006 for equal opportunities, including Article 39;
Vu la Act No. 2012-347 of 12 March 2012 relating to the access to and improvement of the conditions of employment of contractual agents in the public service and the fight against discrimination, and bearing various provisions relating to the public service, including section 10;
Vu le Decree No. 82-1105 of 23 December 1982 amended on public service indices;
Vu le Decree No. 86-83 of 17 January 1986 amended to apply the general provisions applicable to non-State agents for the application of theArticle 7 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State;
Vu le Decree No. 2006-945 of 28 July 2006 amended on the National Agency for Social Cohesion and Equal Opportunities;
In view of Decree No. 2012-1165 of 17 October 2012 on the compensation regime applicable to contractual agents of the National Agency for Social Cohesion and Equal Opportunities;
Considering the advice of the Technical Committee of the National Agency for Social Cohesion and Equal Opportunities of 3 May 2012,
Decrete:
This Order sets out the specific provisions applicable to officials of the National Agency for Social Cohesion and Equal Opportunity that contribute to the implementation of the statutory mandates and recruited:
1° Indeterminate contracts signed prior to the coming into force of the Act of 12 March 2012 referred to above, to perform functions in the economic, budgetary and administrative fields in the context of the missions provided for in Article L. 121-4 of the Code of Social Action and Families;
2° In a fixed-term contract, where the nature of the functions or the needs of the service requires it, in accordance with the provisions of Articles 4, 6, 6 quater, 6 quinquies and 6 sexies of the law of 11 January 1984 referred to above.
The officers recruited pursuant to the provisions of Article 1 shall be subject to the general provisions applicable to non-public officials provided for in the aforementioned decree of 17 January 1986, subject to the provisions of this decree.
Contractual agents referred to in Article 1 shall be divided, taking into account the functions assigned to them, into four categories of employment.
The classification of jobs in the different categories is determined by decision of the Director General of the National Agency for Social Cohesion and Equal Opportunities.
The job category of directors is comprised of officers with higher supervision and service coordination functions as well as expert and design missions in the areas of competence of the National Agency for Social Cohesion and Equal Opportunities.
The manager's jobs are divided into two groups:
1° The first group, which consists of thirteen steps, includes head of service or head of pole. This group is extinction;
2° The second group, which has eight ladders and a special ladder, includes senior management positions or those with particularly high functions. Job opportunities for access to the special level are the highest in the second group.
Access to the special level is restricted to the directors of the second group who justify three years of actual service at the 8th level.
The total number of jobs of director of the second group cannot exceed 12 and the number of jobs that allow access to the special level is set at 5.
The list of positions of director of each group and those with special levels is set by the director general of the agency for social cohesion and equal opportunities.
The directors of the first and second group are appointed by decision of the Director General of the National Agency for Social Cohesion and Equal Opportunities.
The job category of the mission managers is comprised of agents responsible for animation, design, expertise and management functions. They can perform managerial functions.
The job category of the mission managers includes a normal grade, which has 14 ladders, and a higher grade, which has nine ladders.
The category of employment of technical and administrative assistants includes officers who participate, under the authority of the directors and mission officers, in the implementation of the missions entrusted to the National Agency for Social Cohesion and Equal Opportunities. As such, they perform administrative and analytical functions in the administrative, financial or human resources fields.
The job category of technical and administrative assistants includes a normal class, which has 14 ladders, and a higher class, with 11 ladders.
The job category of the secretaries is comprised of administrative or technical enforcement officers. They may also be responsible for hospitality and secretariat functions.
The job category of the secretaries includes a normal class, which consists of twelve ladders, and a higher class, which has nine ladders.
Contractual agents referred to in Article 1 2 are recruited by decision of the Director General of the National Agency for Social Cohesion and Equal Opportunities.
Recruitment becomes final, subject to the completion of an eight-day trial period for recruitment of less than six months, one month for recruitment of more than or equal to six months and less than two years and two months for recruitment of more than or equal to two years. The trial period may be renewed.
During the trial period, the contract may be terminated without notice and without compensation.
I. ― Contractual agents referred to in the 2nd of Article 1 shall be classified, in the category of employment in which they are recruited, at a specified level taking into account, on the basis of the duration set out in Article 16 for each increment, their previous professional experience in the following manner:
1° Actual services performed as a public officer in level positions at least equivalent to those in the recruitment category are taken into account for the full duration of the service;
2° Occupational activities carried out as a private employee in positions of at least one level equivalent to those of the recruitment category are taken into account for three quarters of their duration.
II. - The classification in I is in the normal class for the job category of mission officers, technical and administrative assistants and secretaries.
III. ― The Director General of the National Agency for Social Cohesion and Equal Opportunities appreciates these services and professional activities in the light of the evidence produced.
Contractual agents governed by this Order are entitled, after service done, to a remuneration that includes a gross salary, calculated on the basis of the index of the classification level of the job category to which they fall and of a value of the index point, as well as a result bonus, under the conditions provided by the decree of 17 October 2012 referred to above.
The value of the index point is that in effect in the public service and follows its evolution.
A joint decree of the ministers responsible for the city, budget and public service sets out the indiciary level applicable to the four categories of employment provided for in this decree.
The correspondence between gross indices and indexes is the one shown in theAnnex to Decree No. 82-1105 of 23 December 1982 Public Service indices.
In addition to the treatment referred to in Article 10, if applicable, the residence allowance and the family supplement of treatment under the conditions provided by the texts applicable to State officials.
In each job category, progress is made from one step to the next level. It is pronounced by the Director General of the National Agency for Social Cohesion and Equal Opportunity and intervenes at the end of the time to be spent in each step set out in Article 16.
I. ― The officers referred to in section 1 are subject to an annual evaluation of their professional results and how they serve, which includes an interview and which gives rise to a record.
A decision of the Director General of the National Agency for Social Cohesion and Equal Opportunities, made after advice from the technical committee of the institution, sets out the terms and conditions for this evaluation as well as the content and organizational conditions of the maintenance.
II. - Based on the results of the annual evaluation referred to in I and following the advice of the appropriate parity advisory board for each category of agents, one or more months of seniority reductions can be attributed annually to officers in this category of employment by decision of the Director General of the National Agency for Social Cohesion and Equal Opportunities.
The maximum number of months of seniority reduction that could be allocated for one year between employees in the same job category is 75% of the number of employees in this job category. Agents who have reached the highest level of their class do not count in this workforce.
In the event that the maximum number of months of seniority reduction referred to in the previous paragraph would not have been fully allocated to the officers, the unused reliquest of seniority months may be deferred to the following year.
The number of months of seniority reduction that may be attributed to an agent each year may not exceed three months.
III. - The provisions of II are not applicable to directors.
I. ― The maximum number of agents that can be promoted, each year, in the upper class of their job category cannot be more than 20% of the number of officers who meet the conditions for this advancement. This workforce is estimated at 31 December of the year prior to the year in which promotions are pronounced.
When the number of promotions is not complete, the decimal is added to the number of promotions calculated under the same conditions under the following year.
If, for a period of three years, no promotion could be made, a promotion can be made the following year.
II. - may be promoted to the upper class, after listing in a progress table prepared after the advice of the parity advisory board, the normal level mission officers having reached at least 6th grade.
Can be promoted to the upper class, after listing in a progress table prepared after the advice of the parity advisory board, the normal technical and administrative assistants who have reached at least the 5th step of their class.
Can be promoted to the upper class, after listing in a progress table prepared after the advice of the parity advisory board, the regular class secretaries having reached at least the 5th step of their class.
III. - It shall be taken into account, with a view to listing in the progress table, the professional results and the manner in which the agent is served, valued from the assessment records referred to in section 14 and its seniority in the establishment.
A decision of the Director General of the National Agency for Social Cohesion and Equal Opportunities, made after the advice of the Technical Committee, sets out the modalities for the implementation of the preceding paragraph.
IV. - Agents promoted in the upper class of their class of employment under the II are classified at the level with an equal index or, if not, immediately higher than that held in the normal class.
Within the limit of the seniority required in section 16 for promotion at the upper level, they retain the seniority acquired in the normal class when the increase in treatment following their promotion in the upper class is less than that which would have resulted from a level advancement in the normal class.
Agents promoted in the upper class of their job category while they have reached the last level of the normal class retain their seniority within the same limits when the increase in treatment following their promotion is less than that which would result from a promotion at the latter level.
V. - Promotions in the upper class of each job category are pronounced by the Director General of the National Agency for Social Cohesion and Equal Opportunities.
The length of time to be spent in each step, for each job category, is set according to the following tables:
1° Directors:
| Second group | |
| Special | ― |
| 8th step | 3 years |
| 7th step | 2 years |
| 6th step | 2 years |
| 5th step | 2 years |
| 4th step | 2 years |
| 3rd step | 2 years |
| 2nd step | 2 years |
| 1 step | 2 years |
| First group | |
| 13th step | |
| 12th step | 3 years |
| 11th step | 2 years |
| 10th step | 2 years |
| 9th step | 2 years |
| 8th step | 2 years |
| 7th step | 2 years |
| 6th step | 2 years |
| 5th step | 2 years |
| 4th step | 2 years |
| 3rd step | 2 years |
| 2nd step | 2 years |
| 1 step | 1 year |
| Upper class | |
| 9th step | |
| 8th step | 4 years |
| 7th step | 3 years |
| 6th step | 2 years |
| 5th step | 2 years |
| 4th step | 2 years |
| 3rd step | 2 years |
| 2nd step | 2 years |
| 1 step | 2 years |
| Normal | |
| 14th step | |
| 13th step | 4 years |
| 12th step | 3 years |
| 11th step | 2 years |
| 10th step | 2 years |
| 9th step | 2 years |
| 8th step | 2 years |
| 7th step | 2 years |
| 6th step | 2 years |
| 5th step | 2 years |
| 4th step | 2 years |
| 3rd step | 2 years |
| 2nd step | 1 year |
| 1 step | 1 year |
| Upper class | |
| 11th step | |
| 10th step | 4 years |
| 9th step | 3 years |
| 8th step | 2 years |
| 7th step | 2 years |
| 6th step | 2 years |
| 5th step | 2 years |
| 4th step | 2 years |
| 3rd step | 2 years |
| 2nd step | 2 years |
| 1 step | 2 years |
| Normal | |
| 14th step | |
| 13th step | 4 years |
| 12th step | 4 years |
| 11th step | 3 years |
| 10th step | 3 years |
| 9th step | 2 years |
| 8th step | 2 years |
| 7th step | 2 years |
| 6th step | 2 years |
| 5th step | 2 years |
| 4th step | 2 years |
| 3rd step | 2 years |
| 2nd step | 2 years |
| 1 step | 1 year |
| Upper class | |
| 9th step | |
| 8th step | 4 years |
| 7th step | 3 years |
| 6th step | 3 years |
| 5th step | 3 years |
| 4th step | 3 years |
| 3rd step | 3 years |
| 2nd step | 3 years |
| 1 step | 2 years |
| Normal | |
| 12th step | |
| 11th step | 4 years |
| 10th step | 4 years |
| 9th step | 4 years |
| 8th step | 3 years |
| 7th step | 3 years |
| 6th step | 2 years |
| 5th step | 2 years |
| 4th step | 2 years |
| 3rd step | 2 years |
| 2nd step | 1 year |
| 1 step | 1 year |
I. ― Can be promoted to the job category immediately superior to their officers on a fitness list established after notice of the competent parity advisory board.
Can be listed on this aptitude list:
1° For access to a job under the mission manager category, technical and administrative assistants justifying at least six years of actual service in their category;
2° For access to a job under the technical and administrative assistant category, the secretaries justifying at least six years of actual service in their category.
II. - It is taken into account, with a view to listing on the fitness list, professional results and how to serve the agent, valued from the evaluation reports referred to in Article 14, of his ability to perform and perform higher-level functions as well as initial and continuing training actions he has followed.
A decision of the Director General of the National Agency for Social Cohesion and Equal Opportunities, made after the advice of the Technical Committee, sets out the modalities for the implementation of the preceding paragraph.
III. - The durations of services mentioned in 1° and 2° of I are estimated at 31 December of the year before the year in which the promotion must be pronounced.
IV. - Agents promoted under I are classified in the normal grade of the job category above a level with an index equal to or, if not, immediately higher than that previously held.
Within the limit of the seniority required in section 16 for a promotion at the higher level, they retain the seniority acquired in their previous category when the increase in treatment following their promotion in the higher job category is less than that which would have resulted from an increment in their former job category.
Agents promoted in the top job category as they have reached the last level of their class retain their seniority within the same limits when the increase in treatment following their promotion is less than that which would result from a promotion at the latter level.
V. - Promotions in the top job category are pronounced by the Director General of the National Agency for Social Cohesion and Equal Opportunities.
On the date of entry into force of this decree, the contracting agents of the National Agency for Social Cohesion and Equal Opportunities under the categories of employment referred to in Article 2 of the decision of the Director of the Action and Support Fund for Integration and Combating Discrimination of October 26, 2001 are reclassified to the categories of employment created by this decree in accordance with the following correspondence tables:
1° Directors:
| Type 2 | First group | |
| 8th step | 12th step | Formerly acquired |
| 7th step | 11th step | Formerly acquired |
| 6th step | 10th step | Formerly acquired |
| 5th step | 9th step | Formerly acquired |
| 4th step | 8th step | Formerly acquired |
| 3rd step | 7th step | Formerly acquired |
| 2nd step | 6th step | Formerly acquired |
| 1 step | 6th step | Not old |
| Type 3 | Second group | |
| 6th step | 8th step | Formerly acquired |
| 5th step | 7th step | Formerly acquired |
| 4th step | 6th step | Formerly acquired |
| 3rd step | 5th step | Formerly acquired |
| 2nd step | 4th step | Formerly acquired |
| 1 step | 3rd step | Formerly acquired |
| Type 1 | Normal | |
| 13th step | 13th step | Formerly acquired |
| 12th step | 12th step | Formerly acquired |
| 11th step | 11th step | 2/3 of acquired seniority |
| 10th step | 10th step | Formerly acquired |
| 9th step | 9th step | Formerly acquired |
| 8th step | 8th step | Formerly acquired |
| 7th step | 7th step | Formerly acquired |
| 6th step | 6th step | Formerly acquired |
| 5th step | 5th step | Formerly acquired |
| 4th step | 4th step | Formerly acquired |
| 3rd step | 3rd step | Formerly acquired |
| 2nd step | 2nd step | Formerly acquired |
| 1 step | 1 step | Formerly acquired |
| Type 2 | Normal | |
| 10th step | 14th step | Formerly acquired |
| 9th step | 13th step | Older acquired aged one year |
| 8th step: | | |
| ― from a year | 13th step | Older acquired beyond a year |
| - before a year | 12th step | three times acquired seniority |
| 7th step | 11th step | Formerly acquired |
| 6th step | 10th step | Formerly acquired |
| 5th step | 9th step | Formerly acquired |
| 4th step | 8th step | Formerly acquired |
| 3rd step | 7th step | Formerly acquired |
| 2nd step | 6th step | Formerly acquired |
| 1 step | 5th step | Formerly acquired |
| Type 3 | Upper class | |
| 4th step | 8th step | Formerly acquired |
| 3rd step | 7th step | 3/4 of acquired seniority |
| 2nd step | 6th step | 2/3 of acquired seniority |
| 1 step | 5th step | Formerly acquired |
| Type 1 | Normal | |
| 13th step | 13th step | Formerly acquired |
| 12th step | 12th step | Formerly acquired |
| 11th step | 11th step | Formerly acquired |
| 10th step | 10th step | Formerly acquired |
| 9th step | 9th step | Formerly acquired |
| 8th step | 8th step | Formerly acquired |
| 7th step | 7th step | Formerly acquired |
| 6th step | 6th step | Formerly acquired |
| 5th step | 5th step | Formerly acquired |
| 4th step | 4th step | Formerly acquired |
| 3rd step | 3rd step | Formerly acquired |
| 2nd step | 2nd step | Formerly acquired |
| 1 step | 1 step | Formerly acquired |
| Type 2 | Normal | |
| 11th step | 14th step | Formerly acquired |
| 10th step | 14th step | Not old |
| 9th step | 13th step | 4/3 of acquired seniority |
| 8th step | 12th step | Older acquired aged two years |
| 7th step | 12th step | Formerly acquired |
| 6th step | 11th step | Older acquired aged one year |
| Step 5: | | |
| ― from a year | 11th step | Older acquired beyond a year |
| - before a year | 10th step | Older acquired aged two years |
| 4th step | 10th step | Formerly acquired |
| 3rd step | 9th step | Formerly acquired |
| 2nd step | 8th step | Formerly acquired |
| 1 step | 7th step | Older acquired aged one year |
| Type 3 | Upper class | |
| 5th step | 10th step | Formerly acquired |
| 4th step | 9th step | Formerly acquired |
| 3rd step | 8th step | Formerly acquired |
| 2nd step | 7th step | Formerly acquired |
| 1 step | 6th step | Formerly acquired |
| Type 1 | Normal | |
| 10th step | 10th step | Formerly acquired |
| 9th step | 9th step | Formerly acquired |
| 8th step | 8th step | Formerly acquired |
| 7th step | 7th step | Formerly acquired |
| 6th step | 6th step | Formerly acquired |
| 5th step | 5th step | Formerly acquired |
| 4th step | 4th step | Formerly acquired |
| 3rd step | 3rd step | Formerly acquired |
| 2nd step | 2nd step | Formerly acquired |
| 1 step | 1 step | Formerly acquired |
| Type 2 | Normal | |
| 11th step | 12th step | Formerly acquired |
| 10th step | 11th step | Formerly acquired |
| 9th step | 10th step | Formerly acquired |
| 8th step | 9th step | Older acquired aged one year |
| Step 7: | | |
| ― from two years | 9th step | Formerly acquired beyond two years |
| - before two years | 8th step | Older acquired aged one year |
| 6th step | | |
| ― from a year | 8th step | Older acquired beyond a year |
| - before two years | 7th step | Older acquired aged two years |
| 5th step | 7th step | Formerly acquired |
| 4th step | 6th step | Formerly acquired |
| 3rd step | 5th step | Formerly acquired |
| 2nd step | 4th step | Older acquired aged one year |
| 1 step | 4th step | Formerly acquired |
| Type 3 | Upper class | |
| 5th step | 8th e step | Formerly acquired |
| 4th step | 7th step | Formerly acquired |
| 3rd step | 6th step | Formerly acquired |
| 2nd step | 5th step | Formerly acquired |
| 1 step | 4th step | Formerly acquired |
The Minister of Economy and Finance, the Minister of Equal Territories and Housing, the Minister of State Reform, Decentralization and Public Service, the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, and the Minister Delegate to the Minister of Equality of Territories and Housing, responsible for the city, are responsible, each with respect to it, for the execution of this official decree, published in the French Republic.
Done on 17 October 2012.
Jean-Marc Ayrault
By the Prime Minister:
Minister Delegate
to the Minister for the Equality of the Territories
and housing, in charge of the city,
François Lamy
Minister of Economy and Finance,
Pierre Moscovici
Minister of Equality of Territories
and housing,
Cécile Duflot
The Minister of State Reform,
decentralization
and the Public Service,
Marylise Lebranchu
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Jérôme Cahuzac
