Key Benefits:
Public officials concerned: officials from the management units of the hospital public service.
Purpose: Amendments to the specific statutes of the management bodies of the hospital public service.
Entry into force: the text comes into force on the day after its publication. The provisions of Articles 25-4 and 30 in their drafting by this Order shall apply to employment holidays published after the date of entry into force of this Order.
Notice: the decree amends the specific statutes of the body of hospital directors and the body of directors of health, social and medico-social institutions of the public hospital.
With regard to the body of hospital directors, the decree opens the possibility to postpone unsupplied places between the two competitions (external and internal). It deviates from the procedure of the external tower officials belonging to a comparable body that can be accommodated through the detachment. In addition, the list of vacant posts published in the Official Gazette should now include the listing of the post under the compensation scheme.
For both bodies, the assignment search device, including the content of the personalized professional development project, is specified. This project must include the wishes for professional development of the interested party, the types of jobs, activities and responsibilities that the grievor is likely to be a candidate and the training actions to promote his or her reorientation. During the assignment search period, the Director General of the National Management Centre sends firm and accurate public job offer proposals to the grievor. The grievor who could not be offered three job vacancies before the end of his assignment search period is maintained in this situation, for periods not exceeding six months, after the advice of the National Joint Administrative Committee.
References: the texts amended by this decree are available, in their drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs and Health,
Considering the code of social action and families;
Vu le Public Health Code ;
Vu le Labour code ;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 86-33 of 9 January 1986 amended with statutory provisions for the hospital public service;
Vu le Decree No. 2005-921 of 2 August 2005 amended with special status of the ranks and employment of management staff of the establishments referred to in section 2 (1° and 7°) of Act No. 86-33 of 9 January 1986 making statutory provisions for the hospital public service;
Vu le Decree No. 2007-1930 of 26 December 2007 amended with the specific status of the body of directors of health, social and medico-social institutions of the public hospital service;
Vu le Decree No. 2010-261 of 11 March 2010 changes in the selection and appointment procedures for management positions of the establishments referred to in 1° of Article 2 of Act No. 86-33 of 9 January 1986 bringing various statutory provisions relating to the hospital public service;
Vu le Decree No. 2010-263 of 11 March 2010 changes in the selection and appointment procedures for management positions of institutions referred to in 2° to 6° of Article 2 of Law No. 86-33 of 9 January 1986 with statutory provisions relating to the hospital public service and on the list referred to in theArticle 1 of Decree No. 2007-1930 of 26 December 2007 bearing special status of the body of directors of health, social and mediocial institutions of the public hospital service;
Having regard to the advice of the Higher Council of the Hospital Public Service dated 26 June 2012;
The State Council (Section of Administration) heard,
Decrete:
Article 1 of the above-mentioned decree of 2 August 2005 is amended as follows:
1° In the seventh preambular paragraph, after the words: “management personnel”, the words “submitted to the provisions of this decree” are inserted;
2° In the eighth preambular paragraph, after the words "management personnel" are inserted, the words "submitted to the provisions of this decree" and the words "of a group of medical services" are deleted;
3° In the ninth paragraph, after the word "management", the word "au."
Sections 2,9,12,14,22 and 24 of the same decree, after the words "management personnel" are inserted the words "submitted to the provisions of this decree".
Article 4 of the same decree is amended as follows:
1° At 2° of the I, the words: "it is two years of effective services since their tenure, not taking into account the periods of training or internship in a school or institution opening access to the public service, or" are deleted;
2° The second paragraph of II is supplemented by two phrases as follows: "The places offered to each of the two contests that would not have been filled by the nomination of candidates for the corresponding contest may be assigned to the other contestants. This deferral may result in the fact that the number of seats provided to one of the contests is greater than two thirds of the total number of seats offered to the two contests. » ;
3° In the third paragraph of the II, the words: "the possible means of postponement of places between the two competitions" are deleted.
Article 8 of the same decree is amended as follows:
1° In the first, third and sixth preambular paragraphs, after the words "direct", the words "submitted to the provisions of this decree" are inserted;
2° The second paragraph is deleted;
3° In the seventh paragraph, the words: "The officers" are replaced by the words: "With the exception of the members of the management staff under the control of Decree No. 2007-1930 of 26 December 2007, agents".
In article 10 of the same decree, it is added a paragraph as follows:
"III. ― The provisions of this section shall not apply to employees of the bodies or employment frameworks meeting the conditions laid down in theArticle 13 bis of the Act of 13 July 1983 referred to above. »
In the second paragraph of Article 11 of the same decree, the words "by the tower" are deleted.
Article 17 of the same decree is replaced by the following provisions:
"Art. 17.-Release of management jobs, whether or not intended for publication, are brought to the attention of the Director General of the National Management Centre.
"The list of vacant or potential vacancies available to management personnel subject to the provisions of this Order and the jobs that the incumbents are considering a change of assignment is published in the Official Gazette by the Director General of the National Management Centre, at the request of the institution for deputy directors and the Director General of the Regional Health Agency territorially competent for directors. The publication indicates, for each job, a position profile describing its content, the fundamental issues of the institution, the candidate's expected qualities and the classification of the position under the compensation scheme. It also indicates the accessibility conditions for each job. The position profile is established by the Director General of the Regional Health Agency, in conjunction with the Chair of the Board of Directors or Supervisory Board, for the Director's jobs and the Director of the Institution for Assistant Jobs.
"For the vacant positions of Director, the selection committee established in section 15 shall select the candidates under the conditions set out in the decree provided for in that section. The Director General of the National Management Centre shall forward the nominations received to the Director for vacant positions of Deputy Director and to the Director's Vacancy Selection Committee, indicating those whose profile appears to be the best fit for the position offered with respect to the evaluations and experience gained, for the job of Director. »
Article 21 of the same decree is amended as follows:
1° In the first paragraph and the first and last sentences of the sixth paragraph, after the words: "direct", the words "submitted to the provisions of this decree" are added;
2° In the second, third, fifth and sixth paragraphs, the words "article 2 (1° and 7°)" are replaced by the words "article 2".
Article 25-1 of the same decree is amended as follows:
1° In the second paragraph, the words: "From the National Management Centre" are replaced by the words: "From the National Management Centre, which shall exercise all the prerogatives recognized to the appointing authority";
2° After the third preambular paragraph, ten sub-items are inserted:
"The National Management Centre shall establish the personalized project of professional development referred to in section 50-1 of the above-mentioned Act of 9 January 1986, after one or more exchanges with the employee concerned, within six months of his placement in a search for assignment.
"This project includes:
« 1° The wishes of professional evolution of the interested person;
« 2° Types of employment, activities and responsibilities that, in this context, may be a candidate or may be proposed to the employee;
« 3° Where appropriate, the types of temporary missions that may be entrusted to it;
« 4° Guidance, training, evaluation and validation of the acquired work experience to promote the grievor's reorientation;
« 5° The accompanying actions implemented by the National Management Centre.
"The personalized project of professional development gives rise to a document whose copy is given to the employee concerned.
"A change in the personalized project of professional development, if necessary after a mid-term evaluation of the project's implementation, shall be made under the conditions set out in the first paragraph of this article.
"The National Management Centre organizes an individualized and regular follow-up of the grievor's situation to accompany him in his professional development and, where applicable, in adapting his skills to the types of jobs, activities or responsibilities mentioned in his personalized career development project. The grievor is interviewed at least bimonthly with the persons in charge of his follow-up. »
Article 25-4 of the same decree is replaced by the following provisions:
"Art. 25-4.-The grievor may apply to jobs whose vacancy is published.
"In the course of the assignment search period, the Director General of the National Management Centre sends to the grievor proposals for firm and accurate public employment offers, commensurate with his rank and personal career development project and taking into account his family situation and his usual place of residence. Chief of Institution jobs are offered only to officials who performed such functions prior to their placement in search of assignment.
"As soon as they are published or, if necessary, the completion of the personalized professional development project if these functions have not been filled after publication, the Director General of the National Management Centre shall inform the employee concerned. By derogation from section 15, he addresses the grievor's curriculum vitae and the personalised project of professional development to the authorities who made the job offer.
"This official is received by these authorities for an interview.
"By derogation from Article 15, its name may be included in the list of candidates provided for in the second paragraph of Article 5 of Decree No. 2010-261 of 11 March 2010 relating to the procedures for the selection and appointment of management positions of the establishments referred to in Article 2 of Act No. 86-33 of 9 January 1986 with various statutory provisions relating to the public hospital service.
"If applicable, these authorities inform the Director General of the National Employment Offers Management Centre, which is issued to the grievor.
"The employee who successively refuses three job offers made under the conditions set out above shall be placed in a stand-off position, under the conditions set out in section 62 of the above-mentioned Act of 9 January 1986, or eligible for retirement if he meets the necessary conditions. »
After section 25-4, articles 25-5 and 25-6 are inserted as follows:
"Art. 25-5.-Where, less than four months before the end of the posting search period, the grievor was given less than three job offers meeting the conditions referred to in the second paragraph of section 25-4, the Director General of the National Management Centre may decide, after notice of the Director of the host institution, an over-numbered appointment in accordance with the terms defined in the fourth paragraph of section 116 of the law of the host institution. This appointment must be consistent with the rank and personalised project of professional development and take into account the family situation and the place of habitual residence. The National Management Centre continues to provide individualized and regular follow-up, as well as support in the grievor's actions thus overcrowded. The period referred to in the second paragraph of Article 25-1 is, in this context, extended to allow the application of the second paragraph of Article 25-4.
"The grievor who could not be offered three job offers before the end of his assignment search period is maintained in this situation, for periods not exceeding six months, after the advice of the National Joint Administrative Committee. In this case, the assignment search period shall end under the conditions set out in section 30 after the application, if any, of the provisions of the first paragraph, where the agent accepted an offer of employment or refused a third offer of employment in accordance with the provisions of the same section.
"The National Management Centre submits to the National Joint Administrative Committee an annual report on the management of management staff in search of assignment.
"Art. 25-6.-The employee who has been made available on his or her own behalf under the last paragraph of section 25-4 may be eligible for the insurance allowance provided for in theArticle L. 5424-1 of the Labour Code under the conditions set out in articles L. 5422-2 and L. 5422-3 of the same code. This allowance is paid by the National Management Centre. »
Article 31 of the same decree is amended as follows:
1° The words: "as mentioned in Article 2 (1° and 7°)" are replaced by the words: "as mentioned in Article 2 of which at least one institution mentioned in Article 2 (1° and 7°)";
2° The words: "of this decree" are replaced by the words: "of this decree or of Decree No. 2007-1930 of 26 December 2007 "
In the first sentence of article 32 of the same decree, the words "article 2 (1° and 7°)" are replaced by the words "article 2".
In Article 42 of the same decree, the first and second paragraphs have been deleted.
Article 39 of the same decree is repealed.
In Article 27 of the above-mentioned Decree of 26 December 2007, the fourth and fifth paragraphs are replaced by the following:
"The National Management Centre shall establish the personalized project of professional development referred to in section 50-1 of the above-mentioned Act of 9 January 1986, after one or more exchanges with the employee concerned within six months of his placement in a search for assignment.
"This project includes:
« 1° The wishes of professional evolution of the interested person;
« 2° Types of employment, activities and responsibilities that, in this context, may be a candidate or may be proposed to the employee;
« 3° Where appropriate, the types of temporary missions that may be entrusted to it;
« 4° Guidance, training, evaluation and validation of the acquired work experience to promote the grievor's reorientation;
« 5° The accompanying actions implemented by the National Management Centre.
"The personalized project of professional development gives rise to a document whose copy is given to the employee concerned.
"A change in the personalized project of professional development, if necessary after a mid-term evaluation of the project's implementation, shall be made under the conditions set out in the first paragraph.
"The National Management Centre organizes an individualized and regular follow-up of the grievor's situation to accompany him in his professional development and, where applicable, in adapting his skills to the types of jobs, activities or responsibilities mentioned in his personalized career development project. The grievor is interviewed at least bimonthly with the persons in charge of his follow-up. »
Article 30 of the same decree is replaced by the following provisions:
"Art. 30.-The grievor may apply to jobs whose vacancy is published.
"In the course of the assignment search period, the Director General of the National Management Centre sends to the grievor proposals for firm and accurate public employment offers, commensurate with his rank and personal career development project and taking into account his family situation and his usual place of residence. Chief of Institution jobs are offered only to officials who performed such functions prior to their placement in search of assignment.
"As soon as they are published or, if necessary, the completion of the personalized professional development project if these functions have not been filled after publication, the Director General of the National Management Centre shall inform the employee concerned. By derogation from section 15, he addresses the grievor's curriculum vitae and the personalised project of professional development to the authorities who made the job offer.
"This official is received by these authorities for an interview.
"By derogation from Article 15, its name may be included in the list of candidates provided for in the second paragraph of Article 4 of Decree No. 2010-263 of 11 March 2010 relating to the procedures of selection and appointment to management jobs of the establishments mentioned in 2° to 6° of Article 2 of Act No. 86-33 of 9 January 1986 bearing statutory provisions relating to the public hospital service and listed in the list referred to in Article 1
"If applicable, these authorities inform the Director General of the National Employment Offers Management Centre, which is issued to the grievor.
"The employee who successively refuses three job offers made under the conditions set out above shall be placed in a stand-off position, under the conditions set out in section 62 of the above-mentioned Act of 9 January 1986, or eligible for retirement if he meets the necessary conditions. »
After section 30, articles 30-1 and 30-2 are inserted as follows:
"Art. 30-1.-Where, less than four months before the end of the posting search period, the grievor was given less than three job offers meeting the conditions referred to in the second paragraph of section 30, the Director General of the National Management Centre may decide, after the opinion of the Director of the host institution, an over-numbered appointment as defined in the fourth paragraph of section 116 of the Act of January 9, 1986. This appointment must be consistent with the rank and personalised project of professional development and take into account the family situation and the place of habitual residence. The National Management Centre continues to provide individualized and regular follow-up, as well as support in the grievor's actions thus overcrowded. The period referred to in the second paragraph of Article 27 is, in this context, extended to allow the application of the second paragraph of Article 30.
"The grievor who could not be offered three job offers before the end of his assignment search period is maintained in this situation, for periods not exceeding six months, after the advice of the National Joint Administrative Committee. In this case, the assignment search period shall end under the conditions set out in section 30 after the application, if any, of the provisions of the first paragraph, where the agent accepted an offer of employment or refused a third offer of employment in accordance with the provisions of the same section.
"The National Management Centre submits to the National Joint Administrative Committee an annual report on the management of management staff in search of assignment.
"Art. 30-2.-The employee who has been made available on his or her own behalf under the last paragraph of section 30 may be entitled to the insurance allowance provided for in theArticle L. 5424-1 of the Labour Code under the conditions set out in articles L. 5422-2 and L. 5422-3 of the same code. This allowance is paid by the National Management Centre. »
The provisions of Articles 25-4 and 30 in their drafting by this Order shall apply to employment holidays published after the date of entry into force of this Order.
The Minister of Economy and Finance, the Minister of Social Affairs and Health, the Minister of State Reform, Decentralization and Public Service, and the Minister Delegate to the Minister of Economy and Finance, in charge of the budget, are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 10 July 2013.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Social Affairs
and Health,
Marisol Touraine
Minister of Economy and Finance,
Pierre Moscovici
The Minister of State Reform,
decentralization
and the Public Service,
Marylise Lebranchu
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Bernard Cazeneuve
