Key Benefits:
Public officials concerned: hospital officials of the body of director of hospital care of the public service belonging to the out-class of their bodies; other officials of a degree of advancement in their original body or employment framework whose terminal gross index is at least equal to that of the body of care director mentioned above.
Subject: creation of a functional employment status as director of care in certain health and medical facilities of the hospital public service.
Entry into force: the text comes into force on the day after its publication.
Notice: This Order sets out the functional employment status of Director of Care of certain medical and psychosocial institutions of the hospital public service. These jobs are classified according to their importance in two groups. For each of these two groups, the number of functional jobs governed by this decree is determined by joint decree of the ministers responsible for health, budget and public service.
This Order sets out the terms and conditions of appointment in these jobs, the duration of detachment and the number of levels.
References: This text can be found on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs and Health,
Vu le code of social action and families ;
Vu le Public Health 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. 2002-550 of 19 April 2002 amended to include a special status of the body of director of hospital care;
Vu le Decree No. 2007-196 of 13 February 2007 amended on the qualification equivalencies required to compete in public service access competitions and employment frameworks;
Having regard to the advice of the Higher Council of the Hospital Public Service dated 16 July 2013;
Considering the advice of the Local Finance Committee (the Standards Assessment Advisory Board) dated November 7, 2013;
The State Council (Section of Administration) heard,
Decrete:
This Order sets out the terms and conditions of appointment and advancement applicable to the functional jobs of care director with one of the following particular responsibilities:
1° General coordination of nursing, rehabilitation and medico-technical activities in certain establishments mentioned in 1° to 3°, 5° and 7° of Article 2 of the Law of 9 January 1986 referred to or general coordination of the same activities for establishments constituted in a common direction; these jobs are classified according to the institution's budget, consolidated in the case of a common management;
2° General coordination of training activities in one or more of the training institutes or group of training institutes within the institutions mentioned in the 1st of Article 2 of the Law of 9 January 1986 referred to above; These jobs are classified according to the number of students, the number of training courses and the organization of the institutes.
Functional jobs are divided into two groups. Group I corresponds to the most important jobs.
The list of functional positions in Group I and the number of functional jobs in Group II are determined by joint decree of ministers responsible for health, budget and public service.
The list of functional jobs in Group II is prepared by order of the Minister for Health.
Can be appointed by order of the Director General of the National Management Centre in one of the functional jobs governed by this decree:
1° Directors of care Decree of 19 April 2002 belonging to the out-class of their bodies and having reached the 4th step of that grade;
2° Officials and members of the military, other than those mentioned in the 1°, having reached at least the gross index corresponding to the 1°, holders either of a grade of advancement in their original bodies or employment framework or of a job referred to in section 4 of the above-mentioned Act of 9 January 1986, of which the terminal gross index is at least equal to that of the body of the directors of health care of the public service decree of 13 February 2007 referred to above.
In order to gain access to Group I jobs, these same officers must have had a functional job of Group II or an equivalent job for at least three years.
The officer appointed in one of the functional jobs governed by this decree is placed in the position of detachment of his or her body, employment framework or employment of origin. It is classified at the level of its new job with an index immediately higher than that held in its body, employment framework or employment of origin.
It retains, within the limits of the duration of the services required for access to the higher level of its new employment, the seniority acquired in its previous grade or employment, where this appointment does not give it a greater benefit than that which would have resulted from a level advancement in its former grade or employment.
An officer who is appointed while at the highest level of his or her original grade or employment retains his or her seniority under the conditions set out in the preceding paragraph, where the salary increase following his or her appointment is less than that which would have resulted from an elevation to the level.
In the event that an officer ceases to perform his or her duties in one of the functional jobs governed by this decree to benefit from a new detachment in another functional job governed by this decree, he or she is reclassified in this new job at the level with an index equal to that held in the last occupied functional employment, with retention of seniority.
When a public servant who is seconded in one of the functional jobs governed by this Order is removed from employment because of a restructuring or reorganization of the institution under which he or she reports, he or she retains in his or her new employment, in his or her personal capacity, and if there is interest, for a period of two years from the loss of functional employment, the treatment he held in that functional job.
An officer whose functional employment is decommissioned, or is removed from the lists referred to in section 1, shall retain, if he or she remains in office in that employment and for a maximum period of two years, the personal retention of the compensation index of which he or she was in that employment.
The appointment by way of detachment in one of the functional jobs governed by this decree is pronounced for a period of five years. This period can be extended without the total duration of occupation of the same job being able to exceed ten years.
When an officer occupying one of the functional jobs governed by this Order in Council is, at the end of his or her detachment, 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 by his or her pension plan, an exceptional extension of detachment in the same employment may be granted, upon request, for a period not exceeding two years. This same faculty is offered to an agent who is less than two years from the age limit that is applicable to him.
At the proposal of the director of the institution, persons appointed in one of the functional jobs governed by this decree may be removed from employment in the interest of the service.
Renewal of the detachment is done taking into account the results of the evaluations carried out during the detachment period. At the end of each detachment period, staff in a functional position governed by this Order shall give an account of activities to the Director of the posting establishment who shall transmit it, together with his opinion, to the Director General of the National Management Centre.
I. ― Group I functional jobs comprise four steps. The duration of the first step is two years; it is two years and six months in the second step and three years in the third step.
II. ― Group II functional jobs comprise six steps. The duration of the first two steps is one year and six months; it is two years in the third and fourth stages; it is two years and six months in the fifth step.
Any vacancy of one of the functional jobs under this decree is the subject of a vacancy announcement published in the Official Journal of the French Republic. This notice indicates, for each job, a position profile describing the candidate's content and expected competencies and the applicable compensation scheme. The position profile is developed by the director of the institution concerned.
Within three weeks of the date of publication of the notice, nominations for posts are addressed to the Director General of the National Management Centre.
The Director General of the National Management Centre shall verify the admissibility of applications under the conditions referred to in Article 2.
He then forwards applications to the director of the institution concerned, who, after receiving the candidates, sends him his proposals.
The Director General of the National Management Centre then proceeds to the job appointment.
I. ― When a position of care director is placed in a functional position under the conditions set out in section 1, the officer who was employed before the effective date of the classification is, provided that he meets the conditions set out in section 2, placed in a detachment position in the functional employment governed by this Order and classified in accordance with the provisions of section 3.
An officer who does not meet the requirements of section 2 shall be held in office for a maximum period of two years. When the date on which it meets these conditions occurs during that period, it is, on that same date, detached and classified in the functional employment governed by this decree.
II. ― The period of occupation of employment prior to detachment pursuant to I is not considered for the purposes of section 5.
III. — The provisions of section 8 and the first two paragraphs of section 9 shall not apply to appointments made under this section.
I. ― The occupying officer, on the date of the first publication of the decrees provided for in Article 1, shall, subject to the condition that he or she fulfil the conditions laid down in Article 2, placed in the position of detachment in the functional employment governed by this decree and classified in accordance with the provisions of Article 3.
An officer who does not meet the requirements of section 2 shall be held in his or her duties. It is detached and classified in the functional employment governed by this decree on the date on which it meets these conditions.
II. ― The period of occupation of employment prior to detachment pursuant to I is not considered for the purposes of section 5.
III. — The provisions of section 8 and the first two paragraphs of section 9 shall not apply to appointments made under this section.
IV. ― For a period of three years from the coming into force of this decree, the condition laid down by the last paragraph of section 2 to gain access to Group I jobs must be viewed as fulfilled for agents who, prior to the coming into force of this decree, held for at least three years one of the jobs mentioned in section 1.
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 January 7, 2014.
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
