Decree No. 2012 - 1164 17 October 2012 Provisions Applicable To Contract Workers Of The National Agency For Social Cohesion And Equal Opportunities

Original Language Title: Décret n° 2012-1164 du 17 octobre 2012 portant dispositions applicables aux agents contractuels de l'Agence nationale pour la cohésion sociale et l'égalité des chances

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Keywords CITY, SOCIAL COHESION, EQUAL OPPORTUNITIES, NATIONAL AGENCY FOR SOCIAL COHESION AND EQUAL OPPORTUNITIES, FSCA, STAFF, AGENT CONTRACT, CONTRACT A DURATION DETERMINED, CDD, CONTRACT A DURATION INDEFINITE, CDI, JOB MANAGEMENT, FUNCTION of SUPERVISION, TREATMENT, COMPENSATION, INDEX, STAGGERING INDICIAIRE, ADVANCEMENT, IMPROVEMENT OF CAREER JORF n ° 0244 19 October 2012 text no. 28 Decree No. 2012-1164 17 October 2012 provisions applicable to contract agents of the Agency National for social cohesion and equal opportunities NOR : ELI VILV1222151D: http://www.legifrance.gouv.fr/eli/decret/2012/10/17/VILV1222151D/jo/texte Alias: http://www.legifrance.gouv.fr/eli/decret/2012/10/17/2012-1164/jo/texte audiences: staff of the National Agency for social cohesion and equal opportunities (Acse).
Subject: provisions applicable to contract workers of the FSCA.
Entry into force: the text comes into force the day after its publication.
Notice: this text to draw the consequences of the provisions of the law No. 2012-347 of March 12, 2012, which removes the possibility previously available to the FSCA to recruit unlicensed personnel for an indefinite period. Extinction highlights the regulatory framework applicable to contract agents, maintained on a transitional basis since the creation of the Agency.
It is at the same time to a consolidation of the rules applicable and fits indexed.
References: this decree can be accessed on the Legifrance (http://www.legifrance.gouv.fr) site.
The Prime Minister, on the equality of the territories and the Housing Minister's report, given the code of social action and families, including its articles L. 121 - 14-L. 121 - 19 and R. 121 - 13-R. 121 - 25;
Act No. 83 - 634 of 13 July 1983 amended with rights and obligations of officials, all the amended Act No. 84-16 of 11 January 1984 bringing statutory provisions on the public service of the State;
See Law No. 2006 - 396 31 March 2006 for the equal opportunities, particularly article 39;
See Law No. 2012-347 12 March 2012 relative to access to full employment and the improvement of the conditions of employment of contractors in the public service and the fight against discrimination and carrying various provisions relating to public service, particularly article 10;
See Decree No. 82 - 1105 December 23, 1982, changed relative to the indices of the public service;
Considering Decree No. 86 - 83 of 17 January 1986 amended relating to the General provisions applicable to unlicensed agents of the State taken for the application of article 7 of the Act No. 84-16 of 11 January 1984 bringing statutory provisions on the public service of the State;
See Decree No. 2006-945 28 July 2006 changed relative to the National Agency for social cohesion and equal opportunities;
See Decree No. 2012 - 1165 of 17 October 2012 compensation plan applicable to contract workers of the National Agency for social cohesion and equal opportunities;
See the opinion of the Technical Committee of the National Agency for social cohesion and equal opportunities as of May 3, 2012, decrees: Chapter I: General provisions Article 1 read more on this article...

This Decree fixed the specific provisions applicable to officials of the National Agency for social cohesion and equal opportunities which contribute to the implementation of the missions established by this law and recruited: 1 ° by open-ended contract signed before the entry into force of the above-mentioned law of March 12, 2012, to perform functions in the economic budgetary and administrative missions provided for in article L. 121 - 4 of the code of social action and families;
(2) by contract term, when the nature of the functions or the needs of the service require, pursuant to the provisions of articles 4, 6, 6 c, 6 d and 6 sexies of the above-mentioned law of January 11, 1984.


Article 2 more on this article...

Officers recruited under the provisions of article 1 are subject to the General provisions applicable to unlicensed agents of the State provided for by the Decree of 17 January 1986 referred to above, subject to the provisions of this Decree.

Chapter II: Article 3 by employment Categories more on this article...

Contract staff referred to in article 1 are distributed, in light of the functions assigned to them, in four categories of jobs.
The classification of jobs in different categories is fixed by decision of the Director-general of the National Agency for social cohesion and equal opportunities.


Article 4 more on this article...

The category of managers jobs agents performing functions of senior management and coordination of services as well as expertise and design missions in the areas of competence of the National Agency for social cohesion and equal opportunities.
Director jobs are divided into two groups: (1) the first group, which includes thirteen levels, includes the positions of head of service or Manager. This group is on extinction;
(2) the second group, which includes eight levels and a special level, includes the positions of leadership or those involving the exercise of particularly high functions. Jobs allowing access to the special level are the highest in the second group.
Access to the special level is reserved for managers in the second group which justify three years of effective services at the 8th level.
The total number of jobs of Director of the second group cannot exceed 12 and allowing access to the special level employment is set at 5.
The list of jobs of Director of each group and of those with the special level is set by the Director general of the Agency for social cohesion and equal opportunities.
The first and the second group managers are appointed by decision of the Director-general of the National Agency for social cohesion and equal opportunities.


Article 5 more on this article...

The category of mission managers jobs features animation, design, expertise and management officers. They can provide leadership.
The job of the mission loads class includes a normal class, which includes fourteen levels, and an upper class, which has nine levels.


Article 6 more on this article...

The job of the technical and administrative assistants class includes agents that participate, under the authority of the directors and loads of mission, to the implementation of the tasks entrusted to the National Agency for social cohesion and equal opportunities. As such, they exercise administrative functions of management and analysis in the areas of administrative, financial or human resources.
The job of the technical and administrative assistants class includes a normal class, which includes fourteen levels, and an upper class, which includes eleven levels.


Article 7 more on this article...

Officials of administrative or technical enforcement functions in the category of jobs of Secretaries. They can be also charged home and secretariat functions.
The job of Secretaries class includes a normal class, which contains 12 levels, and an upper class, which has nine levels.

Chapter III: Recruitment, probationary period and ranking Article 8 in more on this article...

Contract staff 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 a trial period of eight days for a recruitment of less than six months, a month for a recruitment of more than or equal to six months and less than two years and two months for a recruitment of more than or equal to two years. The trial period, can be renewed if necessary.
During the trial period, the contract can be terminated without notice and without compensation.


Article 9 more on this article...

I. ― contract staff referred to in article 1 2 are classified in the category of jobs in which they are recruited at a level determined by taking into account, on the basis of the period determined in article 16 for each advancement in step, their professional experience as follows: (1) actual service as a public official in functions of level at least equivalent to those of the job of recruiting class are taken into account for the whole of their length;
(2) the professional activities as an employee of private law in functions of a level at least equivalent to those of the job of recruiting class are taken into account at the rate of three-fourths of their length.
II. - The classification specified in I is involved in the normal class for the job class of expenses of mission, the technical and administrative assistants and Secretaries.

III. — the Director-general of the National Agency for social cohesion and equal opportunities like these services and professional activities in the light of the produced documents.

Chapter IV: Remuneration Article 10 in more on this article...

Contract agents governed by this Decree are entitled, after service done, remuneration including a treatment gross, calculated according to the related index level of classification of the job class which they belong and of value of the index point, as well as a bonus of results, as laid down by the Decree of October 17, 2012 above.
The value of the index point is in force in the public service and follows its evolution.


Article 11 more on this article...

An order joint Ministers of the city budget and public fixed the index timing applied to the four categories of jobs provided for in this Decree.
The correspondence between gross and indices increased is the one listed in the annex of Decree No. 82 - 1105 23 December 1982 on the indices of the public service.


Article 12 more on this article...

Treatment referred to in article 10 addition, as appropriate, the allowance and the family supplement of treatment as provided for by the applicable to officials of the State.

Chapter V: Progress - evaluation Article 13 in more on this article...

The advancement in step is carried out, within each category of jobs, from one step to the next higher step. It is pronounced by the Director-general of the National Agency for social cohesion and equal opportunities and intervenes at the end of the duration of time spent in each level laid down in article 16.


Article 14 more on this article...

I. ― the agents referred to in article 1 subject to an annual assessment 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, taken after notice of the Technical Committee of the establishment, fixed the terms of this evaluation as well as the content and conditions of the maintenance organization.
II. - in the light of the results of the annual assessment referred to the I and on the advice of the Joint Advisory Committee responsible for each category of staff, reductions of one or several months seniority may be attributed each year to officials in this category of jobs on the decision of the Director-general of the National Agency for social cohesion and equal opportunities.
The maximum number of months of reduction of seniority may be distributed to the title of a year between officers in the same category of jobs is equal to 75% of the job class. Officers who have reached the level the highest in their class do not count in this squad.
In case the maximum number of months of reduction of seniority referred to in the previous paragraph would not entirely attributed to the officers, the remaining unused months ' seniority may be carried over to the following year.
The number of months of reduction of seniority may be attributed to an officer every year cannot be more than three months.
III. - The provisions of II shall not apply to directors.


Article 15 more on this article...

I. — the maximum number of agents that can be promoted, annually, in the upper class of their job class may not exceed 20% of the number of employees eligible for this advancement. This number rises to 31 December of the year preceding the year in respect of which are pronounced promotions.
When the number of promotions is not an integer, decimal is added the number of promotions calculated under the same conditions in respect of the following year.
If, during a period of three years, no promotion could not be pronounced, a promotion can be performed the following year.
II. - May be promoted to the upper class, after joining a table of progress established after consultation of the joint consultative commission, expenses of mission of normal class having reached at least the 6th level of their class.
May be promoted to the upper class, after joining a table of progress established after consultation of the joint consultative commission, wizards technical, administrative and normal class who have at least reached the 5th level of their class.
May be promoted to the upper class, after joining a table of progress established after consultation of the joint consultative commission, the Secretaries of normal class who have at least reached the 5th level of their class.
III. - It is taken into account, for the entry into the table of progress, professional results and how to use the agent, appreciated from reviews of assessment referred to in article 14 as well as his seniority in the institution.
A decision of the Director-general of the National Agency for social cohesion and equal opportunities, taken after advice from the Technical Committee, sets the terms of application of the previous subparagraph.
IV. - Officers promoted in the upper class of their job in application of II class are classified at level with an index equal or, failing that, immediately higher than they held in the normal class.
In the limit of seniority required under article 16 for a promotion to a higher level, they retain seniority level gained in the normal class when the rise of treatment following their promotion in the upper class is lower than that which would have resulted from a status level in the normal class.
Officers promoted in the class for their job while they have reached the last step of the normal class retain their seniority level within the same limits when the increase in treatment due to their promotion is less than that which would result from a promotion to the last level.
V. - Promotions in the upper class of each of the categories of jobs are made by the Director-general of the National Agency for social cohesion and equal opportunities.


Article 16 more on this article...

The duration of time spent in each level, for each category of jobs, is in accordance with the following tables: (1) Directors: GROUPS AND LEVELS TIME Second group level special ― 8th level 3 years 7th level 2 years 6th level 2 years 5th level 2 years 4th level 2 years 3rd step 2 years 2 years 2nd step 1st step 2 years first group 13th level 12 level 3 years 11th level 2 years 10th level 2 years 9th level 2 years 8th level 2 years 7th level 2 years 6th level 2 years 5th level 2 years 4th level 2 years 3rd step 2 years 2nd step 2 years 1 level 1 year (2) mission expenses: CLASSES AND LEVELS TIME upper class 9th level 8 level 4 years 7th level 3 years 6th level 2 years 5th level 2 years 4th level 2 years 3rd step 2 years 2nd step 2 years 1 level 2 years 14 normal class level 13th level 4 years 12 level 3 years 11th level 2 years 10th level 2 years 9th level 2 years 8th level 2 years 7th level 2 years 6th level 2 years 5th level 2 years 4th level 2 years 3rd step 2 years 2nd step 1 year 1 level 1 year (3) technical and Administrative Assistants: CLASSES AND LEVELS TIME upper class 11th level 10th level 4 years 9th level 3 years 8 level 2 years 7th level
2 years 6th level 2 years 5th level 2 years 4th level 2 years 3rd step 2 years 2nd step 2 years 1 level 2 years normal class 14th level 13th level 4 years 12th level 4 years 11th level 3 years 10th level 3 years 9th level 2 years 8th level 2 years 7th level 2 years 6th level 2 years 5th level 2 years 4th level 2 years 3rd step 2 years 2nd step 2 years 1 level
1 year (4) Secretaries: CLASSES AND LEVELS TIME upper class 9th level 8 level 4 years 7th level 3 years 6th level 3 years 5th level 3 years 4th level 3 years 3rd step 3 years 2nd level 3 years 1 level 2 years normal class 12th level 11th level 4 years 10th level 4 years 9th level 4 years 8th level 3 years 7th level 3 years 6th level 2 years 5th level 2 years 4th level 2 years
3rd step 2 years 2nd step 1 year 1 level 1 year Article 17 in more on this article...

I. ― can be promoted in the immediately superior to their job class agents registered on a list of suitable candidates established after opinion of the competent joint advisory commission.
May be entered on the list of suitable candidates: (1) for access to a job in the category of mission managers, technical and administrative assistants with at least six years of actual service in their category;
(2) for access to a job in the category of technical and administrative assistants, Secretaries for at least six years of actual service in their category.

II. Account shall be taken, with a view to inclusion on the list of aptitude, results, professional and how to serve the officer, appreciated from reviews of assessment mentioned in article 14, his ability to exercise and functions at a higher level as well as initial and ongoing training that he has taken.
A decision of the Director-general of the National Agency for social cohesion and equal opportunities, taken after advice from the Technical Committee, sets the terms of application of the previous subparagraph.
III. - The times of services referred to in the 1 ° and 2 ° of the I appreciate at 31 December of the year preceding the year in respect of which the promotion must be pronounced.
IV. - The officers promoted to the application of the I are classified in the normal class of the jobs superior at a level with an index equal or, failing that, immediately higher than they previously held.
Within the limits of seniority required under article 16 for a promotion to a higher level, they keep the level seniority acquired in their previous category when the rise of treatment following their promotion in the top category of jobs is less than that which would have resulted from an advancement in step in their old job class.
Officers promoted in the top category of jobs while they have reached the last step of their class retain their seniority level within the same limits when the increase in treatment due to their promotion is less than that which would result from a promotion to the last level.
V. - Promotions in the top category of jobs are made by the Director-general of the National Agency for social cohesion and equal opportunities.

Chapter VI: Transitional provisions Article 18 learn more on this article...

On the date of entry into force of this Decree, contractual agents of the National Agency for social cohesion and equal opportunities within job categories referred to in article 2 of the decision of the Director of the Fund action and support for integration and the fight against discrimination as of October 26, 2001 are reclassified in the categories of jobs created by this order in accordance with the tables of correspondence below : (1) Directors: OLD SITUATION Director NEW SITUATION Manager SENIORITY KEPT within the limit of the length of the Type 2 first level group 8th level 12th level acquired seniority 7th level 11th acquired seniority level 6th level 10th level acquired seniority 5th level 9th level acquired seniority 4th level 8th level acquired seniority 3rd step 7th 2nd acquired seniority level 6th level acquired seniority level 1 level 6th level without seniority Type 3 Second Group 6th level 8th level acquired seniority
5th level 7th level acquired seniority 4th level 6th level acquired seniority 3rd step 5th level acquired seniority 2nd level 4th level acquired seniority 1st step 3rd step acquired seniority (2) mission expenses: OLD SITUATION support mission NEW SITUATION officer SENIORITY KEPT within the limit of the duration of the level Type 1 regular class 13th level 13th level acquired seniority 12th level 12th level acquired seniority 11th level 11th level 2/3 10th acquired seniority level 10th level acquired seniority 9th level 9th level acquired seniority 8th level 8th level acquired seniority 7th level 7th level acquired seniority 6th level 6th level acquired seniority 5th level 5th level acquired seniority 4th level 4th level acquired seniority 3rd step 3rd step 2nd acquired seniority 2nd level acquired seniority level 1 level 1 level acquired seniority Type 2 normal class 10th level 14th level acquired seniority 9th level 13th level plus acquired seniority of one year 8th level : ― from 13th level seniority acquired more than a year — before one year one year 12th level three times gained seniority 7th level 11th level acquired seniority 6th level 10th level acquired seniority 5th level 9th level acquired seniority 4th level 8th level acquired seniority 3rd step 7th 2nd acquired seniority level 6th level acquired seniority level 1 level 5th level acquired seniority Type 3 upper class 4th level 8th level acquired seniority 3rd step 7th level 3/4 of seniority acquired 2nd level 6th level 2/3 of the seniority gained 1 level 5th level acquired seniority (3) technical and Administrative Assistants: OLD SITUATION Technical Assistant and administrative NEWS SITUATION Technical Assistant and administrative SENIORITY KEPT within the limit of the length of the Type 1 regular class level 13th level 13th level acquired seniority 12th level 12th level acquired seniority 11th level 11th level acquired seniority 10th level 10th level acquired seniority 9th level 9th 8th acquired seniority level 8th level acquired seniority level 7th level 7th level acquired seniority 6th level 6th level acquired seniority 5th level 5th level acquired seniority 4th level 4th level acquired seniority 3rd step 3rd step 2nd acquired seniority 2nd level acquired seniority level 1 level 1 level acquired seniority Type 2 normal class 11th level 14th level acquired seniority 10th level 14th level without seniority 9th level 13th level 4/3 of seniority gained 8th level 12 level plus acquired two years of seniority
7th level 12th acquired seniority level 6th level 11th level plus acquired seniority of one 5th level: ― from a year 11 level seniority acquired more than a year — before a year 10th level plus acquired two years of seniority 4th level 10th level acquired seniority 3rd step 9th level 2nd acquired seniority 8th level acquired seniority level 1 level 7th level plus acquired seniority of one Type 3 upper class 5th level 10th level acquired seniority 4th level 9th level
Acquired seniority 3rd step 8th level acquired seniority 2nd level 7th level acquired seniority 1 level 6th level (4) Secretaries acquired seniority: OLD SITUATION Secretary NEW SITUATION Secretary SENIORITY KEPT within the limit of the duration of the level Type 1 regular class 10th level 10th level acquired seniority 9th level 9th level acquired seniority 8th level 8th level acquired seniority 7th level 7th level acquired seniority 6th level 6th level acquired seniority 5th level 5th level acquired seniority 4th level
4th level acquired seniority 3rd step 3rd step 2nd acquired seniority 2nd level acquired seniority level 1 level 1 level acquired seniority Type 2 normal class 11th level 12th level acquired seniority 10th level 11th level acquired seniority 9th level 10th level acquired seniority 8th level 9th level plus acquired seniority of one year 7th level: ― from two years of 9th level seniority acquired beyond two years ― before two years 8th level plus acquired seniority of one 6th level ― from year 8 level seniority acquired more than a year — before two years 7th level plus acquired two years of seniority 5th level 7th level acquired seniority 4th level 6th level acquired seniority 3rd step 5th level acquired seniority 2nd level 4th level acquired seniority plus a 1 year level 4th level acquired seniority Type 3 upper class 5th 8th e level acquired seniority level 4th level 7th level acquired seniority 3rd level 6th level acquired seniority 2nd step
5th acquired seniority level 1 level 4th level seniority acquired the services performed in the former category and type of jobs includes services in the category and class governed by this Decree.
Contract agents retain seniority reductions granted and unused in their former situation.


Article 19 more on this article...

The Minister of economy and finance, the Minister of equality of territorial and housing, the Minister of reform of the State, decentralization and public service, the Minister delegate to the Minister of economy and finance, the budget, and the Minister delegate to the Minister of equality of territorial and housing, in charge of the city , are responsible, each which is concerned, of the execution of this Decree, which will be published in the Official Journal of the French Republic.

Made on October 17, 2012.
Jean-Marc Ayrault by the Prime Minister: the Minister delegate to the Minister of equality of territorial and housing, responsible for the city, François Lamy the Minister of economy and finance, Pierre Moscovici the equality of the territories and the Housing Minister, Cécile Duflot the Minister of reform of the State, decentralization and public service Marylise Lebranchu, Minister delegate to the Minister of economy and finance, responsible for the budget, Jérôme Cahuzac

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