Key Benefits:
Public officials concerned: administrations, public officials of the three public functions, employee union organizations, territorial employers and hospital employers.
Subject: amendment of the rules for filing amendments and allocation of trade union time credit to union organizations members of the Joint Council of the Public Service.
Entry into force: the text comes into force on the day after its publication.
Notice: the decree amends the rules of filing amendments by extending the deadlines for filing, by removing the notion of working days to replace it with that of free days and by providing that these rules also apply to amendments submitted by the Government. The decree also provides that the amendments of the Government presented in specialized training are systematically considered in plenary meetings, regardless of the meaning of the vote in specialized training, while only the amendments of the members having parliamentary votes adopted by a majority of the members present in one of the specialized training colleges are again examined in plenary.
In addition, the decree provides for the allocation of facilities in time for trade union organizations with at least one seat on the common council. A quota of trade union time expressed as "full-time equivalent" will be distributed among trade union organizations proportionally to the votes they obtained in all three public functions. These facilities will be allocated to agents designated by trade union organizations in the form of discharges of service activity in the public service of the State and in the form of provision in the territorial public service and in the hospital public service.
References: the text amended by this decree can be consulted, in its version, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs and Health, the Minister of the Interior and the Minister of State Reform, Decentralization and Public Service,
Vu le general code of territorial authoritiesincluding its article R. 1613-2;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of staff, including article 9 ter, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State, Act No. 84-53 of 26 January 1984 amended with statutory provisions relating to the territorial public service and Act No. 86-33 of 9 January 1986 amended with statutory provisions for the hospital public service;
Vu le Decree No. 82-447 of 28 May 1982 amended on the exercise of the right to organize in the public service;
Vu le Decree No. 85-397 of 3 April 1985 amended on the exercise of the right to organize in the territorial public service;
Vu le Decree No. 86-660 of 19 March 1986 amended to exercise the right to organize in the establishments referred to in theArticle 2 of Act No. 86-33 of 9 January 1986 bringing statutory provisions relating to the hospital public service, including article 19;
Vu le Decree No. 2012-148 of 30 January 2012 concerning the Joint Council of the Public Service;
Having regard to the opinion of the Joint Council of the Public Service dated 14 May 2013;
Considering the opinion of the Local Finance Committee of 24 September 2013;
The State Council (Section of Administration) heard,
Decrete:
Article 16 of the aforementioned Decree of 30 January 2012 is amended as follows:
1° In the first paragraph, after the words: "having a deliberate voice" are inserted the words: "or by the president" and the words: "the seventh working day before" are replaced by the words: "four days before";
2° In the second paragraph, after the words: "having a deliberate voice", the words: "or the president" and the words: "the second working day before" are replaced by the words: "two days before";
3° In the third paragraph, the words: "this period is no longer opposable to the amendments of the members of the Joint Council having a deliberative vote" are replaced by the words: "It shall inform members of the Joint Council with a deliberative vote who may table amendments."
Article 17 of the same decree is amended as follows:
1° The word: "only" is deleted;
2° After the words: "the amendments" are inserted the words: "members with a deliberate voice";
3° After the words: "From the 1st of Article 8", the words are inserted: "and all the amendments of the president".
After Article 23 of the same decree, Chapter IV becomes Chapter V and a new chapter IV is inserted as follows:
“Chapter IV
“Means
"Art. 23-1.-As part of their participation in the Joint Council of the Public Service, the trade union organizations of officials represented on this board are entitled to a quota of trade union time, the total amount of which, expressed in full-time equivalents, is equal to 32.5 full-time equivalents.
"This amount is divided among the three public functions as follows: 15 full-time equivalents for the state public service, 11.5 full-time equivalents for the territorial public service and 6 full-time equivalents for the hospital public service.
"The amounts referred to in the preceding paragraph shall be apportioned among trade union organizations in accordance with the proportion provided for in the second paragraph of section 4, paragraph 1, for the distribution of seats, by joint order of the Minister for the Public Service, the Minister for the Interior and the Minister for Health.
"Art. 23-2.-The Minister for Public Service shall notify the union organizations of officials represented in the Joint Council of the Public Service of the number of full-time equivalents assigned to them under section 23-1 in each public service.
"These full-time equivalents are used, in the public service of the State, in the form of discharges of service activity, and in the territorial public service and the hospital public service, in the form of the provision provided, respectively, by article 100 of the law of 26 January 1984 referred to above and by article 97 of the law of 9 January 1986 referred to above.
"The number of full-time equivalents, referred to in the second paragraph of section 23-1, for the territorial public service and the hospital public service, is in addition to the number set, respectively, by theArticle R. 1613-2 of the General Code of Territorial Communities and by first paragraph of Article 19 of the Decree of 19 March 1986 referred to above.
"Unloaded agents of service activity, or made available, under this section may be available for a quotity between 20% and 100%.
"Art. 23-3.-The trade union organizations of civil servants represented in the Joint Council shall designate the beneficiaries of the discharge of duty activity or of the provision of services among public service officers for which each contingent has been assigned.
"The names of the beneficiaries and the quotity requested for each of them are communicated by the trade union organizations concerned to the minister responsible for the public service who informs the employer of the public service of the State, territorial or hospital, manager of the agent concerned. »
In chapter IV, which becomes chapter V, is inserted after section 24, an article 24-1, as follows:
"Art. 24-1.-For the transitional period referred to in Article 24, the distribution referred to in the third paragraph of Article 23-1 shall be in accordance with the rules set out in Article 24 II for the distribution of seats.
"However, regardless of the distribution referred to in the preceding paragraph:
« 1° A full-time equivalent is assigned to each trade union organization that has obtained at least one seat at the end of the seating distribution process provided for in the combined provisions of 1° of I of Article 4 and II of Article 24. The amount mentioned in the second paragraph of Article 23-1 for the public service of the State is increased to due competition;
« 2° Half a full-time equivalent is assigned to each trade union organization that has obtained at least one seat under Article 24 I. This number is increased to a full-time equivalent when the trade union organization concerned represents all of the public service staff considered. The amounts referred to in the second paragraph of section 23-1 are, for the public service of the relevant higher council, increased due to competition. »
The Minister of Economy and Finance, the Minister of Social Affairs and Health, the Minister of the Interior, the Minister of State Reform, Decentralization and Public Service, and the Minister Delegate to the Minister of Economy and Finance, responsible for the budget, are responsible, each with regard to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 23 December 2013.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of State Reform,
decentralization
and the Public Service,
Marylise Lebranchu
Minister of Economy and Finance,
Pierre Moscovici
Minister of Social Affairs
and Health,
Marisol Touraine
The Minister of the Interior,
Manuel Valls
Minister Delegate
to the Minister of Economy and Finance,
Budget Officer
Bernard Cazeneuve
