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Order Of 7 January 2014 On Social Committees Of The Ministry Of Defence

Original Language Title: Arrêté du 7 janvier 2014 relatif aux comités sociaux du ministère de la défense

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JORF no.0012 of 15 January 2014
text No. 35



Decree of 7 January 2014 on Social Committees of the Ministry of Defence

NOR: DEFH1400452A ELI: https://www.legifrance.gouv.fr/eli/arrete/2014/1/7/DEFH1400452A/jo/texte


Minister of Defence,
Vu le Defence code ;
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 le Decree No. 2006-781 of 3 July 2006 Amending the terms and conditions for the payment of costs incurred by the temporary movement of civil personnel of the State;
Vu le Decree No. 2007-51 of 11 January 2007 concerning the social action of the armed forces;
Vu le Decree No. 2009-545 of 14 May 2009 setting out the conditions and procedures for payment of costs incurred by the temporary movement of military personnel;
Considering the amended decision of 10 February 2011 on the organization of social action in the Ministry of Defence;
Considering the opinion of the Central Council for Social Action of 13 September 2013,
Stop it!

  • Chapter I: General provisions Article 1 Learn more about this article...


    The Social Committee is a local representative body of nationals of the Ministry of Defence, formed to involve staff in service activities and retirees in the development and implementation of the social policy.

    Article 2 Learn more about this article...


    The geographic location of social committees is decided by the Secretary General for Administration.

  • Chapter II: Composition Article 3 Learn more about this article...


    The Social Committee includes the following members:
    the president;
    staff, military and civil, active and retired;
    a secretary general;
    - representatives of the social network, including the head of the ministerial social action pole or the chief of the joint social level and one or more technical social service advisors or social service assistants.
    Experts may be invited to participate occasionally in meetings of the social committee, on the proposal of its chair or staff or retirees.
    The Chair may also convene alternates from staff representatives who attend meetings without being able to participate in the discussions.
    A representative of the social management institution of the armies participates, at least once a year, in meetings of the social committee.

    Article 4 Learn more about this article...


    The social committee is chaired by the commander of the defence base or his representative, or by a head of agency.

    Article 5 Learn more about this article...


    The representatives of the active staff, who have a deliberate vote, serve on the perimeter of the social committee. They must be eighteen years old by the date fixed for the renewal of the social committee.
    Military personnel representatives are divided into three colleges: a college for officer staff, a college for non-commissioned personnel, a college for the military. They are chosen, on the basis of volunteerism, by the command, which ensures a fair representation of the armies as well as training, services and facilities of the perimeter of the social committee. The command ensures the representation of isolated units.
    The representatives of the civilian staff are elected by the list vote and according to the rules of proportional representation, within a single electoral college comprising all civil officers who are sixteen years of age and who are serving in the training, services and facilities of the social committee's perimeter.
    Alternates shall be appointed or elected in the same manner.
    The mandate of active staff representatives is four years renewable. The membership is lost by resigning, shifting out of the social committee's perimeter or delisting executives. The temporary or final replacement of a member is provided by an alternate. In the event of a final replacement, the term shall be for the remainder of the term.
    Chiefs of the Corporate Social Action Pole, Joint Social Chiefs, Social Service Technical Advisors and Social Service Assistants may not be designated or elected to represent staff.

    Article 6 Learn more about this article...


    Representatives of military and civilian retirees, who have a deliberative vote, are designated in each social committee as follows:
    - the representative of the military retirees shall be appointed by the Director of Human Resources of the Ministry of Defence on the basis of the proposals of the member associations of the Permanent Council of Military Retirees;
    – the representative of the civil retirees is designated by the union organization having obtained the largest number of votes in the most recent election of this committee.
    Alternates shall be designated in the same manner.
    The term of office of representatives of military and civilian retirees is four years renewable. The membership is lost by resignation. The temporary or final replacement of a member is provided by an alternate. In the event of a final replacement, the term shall be for the remainder of the term.

    Article 7 Learn more about this article...


    The Secretary-General shall be appointed by and among the representatives of active staff for the term of office of the social committee.

    Article 8 Learn more about this article...


    The social service technical advisers or social service assistants, who sit on the social committee as representatives of the social network, are appointed by the chair of the social committee on the proposal of the head of departmental social action pole or the chief of the joint social level.

  • Chapter III: Attributions Article 9 Learn more about this article...


    The social committee participates in the definition and implementation of the social policy of the Ministry of Defence.
    As such:
    ―it issues opinions and proposals on the development and implementation of the social policy and is in particular associated with the themes of ongoing studies;
    ―it makes known the needs of nationals for social action and proposes any measures to improve the situation of agents in this field;
    ―it contributes to the information of nationals on the policy of social action implemented at the national and local level;
    ―he participates in decisions on the allocation of relief and social loans through the restricted commission referred to in Article 22;
    – it decides on the use of funds allocated for community and cultural social activities.

    Article 10 Learn more about this article...


    Members of social committees may make visits to organizations within the geographic scope of the social committee and are provided with ease of movement and access. The terms and conditions of these visits are determined with the competent administrative authority.
    A deliberation of the committee sets the object, place of the visit and the composition of the delegation responsible for this visit.

  • Chapter IV: Operation
    • Section 1: General provisions Article 11 Learn more about this article...


      The social committee meets at least once a semester on a specific agenda. It may meet in a special meeting, at the request of the President or the majority of its members, on a specific agenda.

      Article 12 Learn more about this article...


      The agenda of each session is prepared by the President in liaison with the Secretary General. Questions that have been requested by a majority of the members of the social committee are on the agenda.

      Article 13 Learn more about this article...


      The secretariat of the social committee is provided by a meeting secretary, an officer of the administration designated by the chair, and cannot be a member of the social committee.
      Each session of the social committee shall be the subject of a summary record and a communiqué prepared by the meeting secretary, signed by the president and co-signed by the secretary general.

      Article 14 Learn more about this article...


      Social committees are only validly deliberated if at least half of the members with a deliberate vote are present. If this quorum is not achieved, the chair postpones the session to eightaine and proceeds to a further convocation of the committee members. Quorum conditions are then not enforceable.

      Article 15 Learn more about this article...


      At the request of staff representatives or on their own initiative, the President shall submit to the vote, by a majority of the members present, notices or proposals relating to matters on the agenda.

      Article 16 Learn more about this article...


      In case of necessity and exceptionally, meetings of social committees may be organized by videoconference.

      Article 17 Learn more about this article...


      The authorities whose members of social committees are responsible are required to provide them with all facilities to perform their duties.
      The members of the social committee shall be notified of the agenda and of any documents and documents necessary for the performance of their functions, at least fifteen days before the date of the sitting.

      Article 18 Learn more about this article...


      The meetings of social committees are not public.

      Article 19 Learn more about this article...


      Freedom of expression is guaranteed in social committees. Participants are held at the discretionary duty with respect to the views expressed in the session.

      Rule 20 Learn more about this article...


      At the beginning of their term, members of social committees receive training to perform their duties.

      Article 21 Learn more about this article...


      Members summoned to attend the work of social committees are compensated under the conditions established by the decrees of 3 July 2006 and 14 May 2009 Severe.

    • Section 2: Restricted Commissions Article 22 Learn more about this article...


      Emanating from one or more social committees, the restricted commissions participate in the allocation of relief and social loans.

      Article 23 Learn more about this article...


      The geographical location of the restricted commissions is stopped by the Secretary General for Administration.

      Article 24 Learn more about this article...


      The limited commission is chaired by the head of the Corporate Social Action Pole or by the Chief of Joint Social Work, or by their representatives who may be their Social Assistant, their Deputy General Administration or the Technical Advisor responsible for a social level of supervision and delivery of social benefits.
      On an exceptional basis, the technical advisor responsible for a social supervisory level can preside over the limited commission.
      The technical advisers of social service who chairs the restricted commission shall not serve as rapporteur.

      Rule 25 Learn more about this article...


      The small commission is composed of representatives of the active staff of the social committee or the social committees concerned, each representative being appointed by the members of the college to which he belongs. Each college has a limited commission seat. An additional seat is allocated to the college whose staff is the largest.

      Rule 26 Learn more about this article...


      The restricted commission ruled on emergency applications.
      Emergency request files are covered by anonymity. Members of the restricted commission shall be held incommunicado.
      Applications for social loans are subject to the Board's opinion when the decision-making authority considers that they cannot be satisfied. Records covered by anonymity are reported by a technical advisor or social service assistant.
      A restricted commission may decide on all or part of the relief applications within the geographical jurisdiction of the same social level of supervision and grant of social benefits.

      Rule 27 Learn more about this article...


      The restricted commission can only validly decide if at least three of its members are present. If this quorum is not reached, the chair postpones the session to eightaine and proceeds to a further convocation of the members of the commission. Quorum conditions are then not enforceable.

      Rule 28 Learn more about this article...


      The restricted commission shall meet whenever the president considers it appropriate.

    • Section 3: Commissions dedicated to community and cultural social activities Rule 29 Learn more about this article...


      Commissions, composed of members of one or more social committees, may be constituted for the conduct of the social, community and cultural actions of the social committee concerned or for the harmonization and coordination of the actions of several social committees established in a specific geographical area.
      The corresponding commissions take, in the first case, the name of "ASCC commission" and, in the second case, the name of "ASCC mixed commission".
      The composition of these committees shall be determined by deliberation of the relevant social committees.

      Rule 30 Learn more about this article...


      At the initiative of the chair of the social committee or of the majority of its members, geographical commissions may be established for the conduct of community and cultural social actions, within the scope of one or more bodies attached to the social committee concerned.
      The composition of these committees is determined by deliberation of the social committee.

      Rule 31 Learn more about this article...


      The chair of the social committee, acting on behalf of the social committee that he chairs or designates on behalf of several social committees, is solely competent to commit the funds allocated for community and cultural social activities.

  • Chapter V: Transitional and final provisions Rule 32 Learn more about this article...


    The terms and conditions of application of this Order shall be determined by instruction.

    Rule 33 Learn more about this article...


    The Social Committees Order of August 6, 2001 is repealed.

    Rule 34 Learn more about this article...


    Social committees, whose mandate was renewed in 2009, remain governed by the provisions of the August 6, 2001 Order until the end of their term.

    Rule 35 Learn more about this article...


    The Director of Human Resources of the Ministry of Defence is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done on January 7, 2014.


For the Minister and by delegation:

The Secretary-General

for the administration,

J.-P. Bodin


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