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Decree No. 2014-100 4 February 2014 On The Particular Status Of The Body Of The Conseillers En Économie Sociale Et Familiale, The Body Of Technical Educators And Educators Of Young Children In The Function Body Public Hos...

Original Language Title: Décret n° 2014-100 du 4 février 2014 portant statut particulier du corps des conseillers en économie sociale et familiale, du corps des éducateurs techniques spécialisés et du corps des éducateurs de jeunes enfants de la fonction publique hos...

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CHILDREN, CHILD HEALTH, CHILDREN, CHILDREN, CHILDREN


JORF no.0031 of 6 February 2014
text No. 9



Decree No. 2014-100 of 4 February 2014 on the special status of the body of social and family economic advisers, the body of specialized technical educators and the body of young children ' s educators of the public hospital service

NOR: AFSH1328911D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/2/4/AFSH1328911D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2014/2/4/2014-100/jo/texte


The public concerned: social and family economic advisers, specialized technical educators and educators of young children in the hospital public service.
Subject: Redesign of the bodies of social and family economic advisers, specialized technical educators and young children's educators from the hospital public service.
Entry into force: the text comes into force on the day after publication.
Notice: As part of the statutory reform of category B of the hospital public service, the purpose of this decree is to provide the staff of the bodies of social and family economic advisers, specialized technical educators and educators of young children with a re-evaluation and modification of their career development. The proposed indiciary grid, common to the three bodies, is identical to those of the corresponding bodies of the other two public functions.
This decree reproduces and updates the special status of the three bodies concerned. It includes the transitional and final provisions as well as the reclassification procedure for officials belonging to these bodies.
References: This decree is available 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 Public Health Code ;
Vu le code of social action and families ;
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 relating to the hospital public service;
Vu le Decree No. 88-976 of 13 October 1988 amended with respect to certain positions of hospital officials, integration and certain terms of availability;
Vu le Decree No. 92-75 of 21 January 1992 modified for the titularization in Category B bodies and jobs of non-residential agents referred to inArticle 2 of Act No. 86-33 of 9 January 1986 making statutory provisions for the hospital public service;
Vu le Decree No. 97-487 of 12 May 1997 Amending the common provisions applicable to interns of the public hospital service;
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;
Vu le Decree No. 2007-1191 of 3 August 2007 relative to the advancement of rank in certain bodies of the hospital public service;
Vu le Decree No. 2010-311 of 22 March 2010 relating to the modalities of recruitment and reception of nationals of the Member States of the European Union or of another State Party to the agreement on the European Economic Area in a body, employment framework or employment of the French public service;
Vu le Decree No. 2011-661 of 14 June 2011 amended to include statutory provisions common to various staff members in category B of the public hospital service;
Considering the advice of the Local Finance Committee (the Standards Assessment Advisory Board) dated November 15, 2013;
Having regard to the advice of the Higher Council of the Hospital Public Service dated 8 November 2013;
The State Council (Section of Administration) heard,
Decrete:

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


    The bodies of the socio-educational personnel of the establishments referred to in section 2 of the Act of 9 January 1986 referred to above are classified in category B:
    1° The body of social and family economic advisers;
    2° The body of specialized technical educators;
    3° The body of young children's educators.
    These bodies are governed by the provisions of this decree.

    Article 2 Learn more about this article...


    Each of the bodies mentioned in Article 1 includes two grades:
    1° The normal class with thirteen steps;
    2° The upper class with eleven ladders.

    Article 3 Learn more about this article...


    I. ― The mission of the social and family economic advisers is to train, advise and inform, in the field of daily life, the staff of the institution in order to help improve the living conditions of the users and promote their social integration. They carry out the same missions for the direct benefit of users. They serve as a technical advisor for the institution's internal organization.
    II. - The purpose of the specialized technical educators is to promote the social and professional integration of the persons welcomed in the establishment through the implementation of the technical activities of which they direct the choice. They participate in the organization of the operation of the workshops as well as the organization of production. They can be responsible for several workshops and supervise workshop monitors.
    III. - Young children's educators, in conjunction with other educational and social personnel, have the task of promoting the development and development of children up to six years of age who are outside their families. They contribute to their socialization, especially in order to prepare them for school life and return to their families.
    IV. - Social and family economic advisers, specialized technical educators and young children's educators participate in the development and implementation of the project, social and educational projects, as well as in the development of the activity report of the social service and the educational service.

  • Section II: Recruitment modalities Article 4 Learn more about this article...


    I. ― Personnel of the bodies governed by this decree shall be recruited by title contests organized by the authority vested in the appointing authority and open:
    1° For the body of social and family economic advisor, holders of the State degree of social and family economic advisor or holders of a title or diploma recognized equivalent in the conditions provided by the decree of 13 February 2007 referred to above ;
    2° For the specialized technical educator body, holders of the state diploma of specialized technical educator or holders of an equivalent title or diploma under the conditions provided by the decree of 13 February 2007 referred to above ;
    3° For the body of young children's educator, holders of the State degree of young children's educator or holders of a recognized title or diploma equivalent under the conditions provided by the decree of 13 February 2007 referred to above.
    II. - A joint decision of the Minister for Health and the Minister for Public Service sets out the composition of the jury and the procedure for organizing the competitions.

    Article 5 Learn more about this article...


    Notices of opening of the contests are posted, so as to be accessible to the public, at the premises of the establishment organizing these contests, in those of the regional health agency it reports and in those of the prefecture of the department in which the establishment is located. They are also posted electronically on the websites of all regional health agencies.

  • Chapter III: Appointment and titularization Article 6 Learn more about this article...


    Candidates recruited under Article 4 are appointed, as the case may be, social and family economic advisor intern, technical educator intern or educator of young children intern by the appointing authority and perform a one-year internship.
    At the end of the course, trainees whose services have been satisfied are registered.
    Trainees who have not been held at the end of the course may be allowed to complete a complementary internship for up to one year.
    Agents who have not been allowed to perform a complementary internship or whose complementary training has not given satisfaction are either terminated if they did not previously have the quality of an employee or reintegrated into their original body.
    The duration of the internship is taken into account for the progress of the course, within one year.

    Article 7 Learn more about this article...


    Staff members recruited pursuant to Article 4 shall, upon appointment, be assigned to the 1st grade of the corresponding body, subject to the provisions mentioned in Articles 8, 9 and 10 of this Decree and those of the articles 14, 15 and 17 of the decree of 14 June 2011 referred to above. A same period of professional activity can only be taken into account under one of these articles.
    Persons who, in the light of their previous career path, fall under the provisions of several of the articles mentioned in the preceding paragraph, are classified, upon appointment in the corresponding grade of the body, in accordance with the provisions of the article corresponding to their last situation.
    However, such persons may, within a maximum period of six months from the notification of the decision making their classification under the conditions set out in the preceding paragraph, request that the provisions of another of these articles be applied to them if they are more favourable.
    The effective duration of the national service performed as called under theArticle L. 63 of the National Service Code as well as the actual time spent on civic service or international volunteering, pursuant to articles L. 120-33 or L. 122-16 of the same code, are taken into account in their entirety.

    Article 8 Learn more about this article...


    I. ― Public servants belonging to a category C or level of employment that hold a grade on a scale 6 are classified in accordance with the following correspondence table:


    SITUATION IN ECHELLE 6
    Category C
    SITUATION IN THE FIRST GRADE OF INTEGRATION
    (category B)

    First grade
    Echelons
    Old preserved
    within the time limit

    9th step

    11th

    Formerly acquired within two years

    8th step

    10th

    3/4 of acquired seniority

    7th step

    9th

    3/4 of acquired seniority

    6th step

    8th

    2/3 of acquired seniority

    5th step

    7th

    2/3 of acquired seniority

    4th step

    6th

    Formerly acquired

    Step three:



    ― from a year four months

    6th

    Not old

    before a year four months

    5th

    3/2 of acquired seniority

    2nd step:



    from six months

    5th

    Not old

    before six months

    4th

    Twice the acquired seniority, increased by one year

    1 step

    4th

    Formerly acquired


    II. ― Public servants belonging to a category C or level of employment that hold a grade in scale 5, scale 4 or scale 3 shall be classified in accordance with the following correspondence table:

    SITUATION IN ELSETS 5, 4 and 3
    Category C
    SITUATION IN THE FIRST GRADE OF INTEGRATION
    (category B)

    First grade
    Echelons
    Old preserved
    within the time limit

    12th step (scales 4 and 5)

    9th

    3/4 of acquired seniority

    11th step

    8th

    1/4 of the acquired seniority, increased by one year

    10th step

    8th

    1/4 of acquired seniority

    9th step

    7th

    2/3 of acquired seniority

    8th step

    6th

    2/3 of acquired seniority

    7th step

    5th

    Formerly acquired

    6th step

    4th

    1/2 of the acquired seniority, increased by one year

    Step 5:



    ― from a year four months

    4th

    3/2 of old age acquired beyond a year four months

    before a year four months

    3rd

    3/4 of the acquired seniority, increased by one year

    4th step

    3rd

    1/3 of acquired seniority

    3rd step

    2nd

    1/2 of the acquired seniority, increased by one year

    2nd step:



    from six months

    2nd

    Twice seniority acquired beyond six months

    before six months

    1

    Older acquired six months


    III. ― Public servants belonging to a class C or the same level of employment that hold another rank than those mentioned in I and II are classified in the corresponding grade of the body with the index closest to the index that they held before their appointment increased by 15 points of gross index. When two successive ladders have a gap equal to this increased index, the ranking is pronounced in the lowest index.
    Within the limit of the average seniority required in section 11 for a promotion at the higher level, the beneficiaries of this provision retain the seniority acquired in their original grade when the increase in treatment following their appointment is less than or equal to 15 gross index points. However, where the classification under the preceding paragraph leads the grievor to benefit from a step that would also have reached the holder of a higher level of his original grade, no seniority is retained at the level of the corresponding body in which he is classified.
    If they are of interest, the officers mentioned in the first paragraph, who previously held a grade in category C, with a grade of 5, are classified in accordance with the provisions of the second paragraph, taking into account the situation that would have been theirs if they had not ceased, until the date of appointment in one of the bodies governed by this decree, to belong to that rank.
    IV. - Public servants other than those mentioned in I, II and III are classified at the first grade level that includes equal treatment or, failing that, immediately greater than the last treatment in their original body.
    Within the limit of the average seniority required in section 11 for a promotion at the upper level, they retain the seniority they had acquired in their original grade when the increase in treatment following their appointment is less than that which would have resulted from an increment of level in their former situation.
    Officials appointed as they have reached the last step of their original rank will retain their seniority within the same limits, when the salary increase following their appointment is less than that which resulted from their promotion at the latter level.

    Article 9 Learn more about this article...


    Subject to the fact that they have justified in their previous duties the possession of the titles or diplomas provided for in Article 4 above, officials of the bodies governed by this decree which, prior to their recruitment, have been employed and paid in functions corresponding to those in which they are appointed by a health institution, a social or medico-social institution, public or private, and which may not avail themselves of provisions that are more favourable to the title of
    This recovery can only be attributed once during the career of the interested parties.

    Article 10 Learn more about this article...


    Persons who justify, prior to their appointment in the body governed by this decree, services performed in an administration or agency of a Member State of the European Union or another State Party to the Agreement on the European Economic Area shall be classified, upon their appointment, in accordance with the provisions of Title II of the above-mentioned Decree of 22 March 2010.
    Where they justify, in addition, services that do not give rise to the application of these provisions, they may apply to the provisions of Article 7 of this Decree, preferably to those of decree of 22 March 2010 referred to above.

  • Chapter IV: Advance Article 11 Learn more about this article...


    I. ― The average length of time spent in each step of the ranks of the bodies governed by this decree is fixed as follows:


    GRADES AND BUSINESS
    MOYENNE

    Second grade: upper class

    11th step


    10th step

    3 years

    9th step

    2 years 6 months

    8th step

    2 years 6 months

    7th step

    2 years

    6th step

    2 years

    5th step

    2 years

    4th step

    2 years

    3rd step

    2 years

    2nd step

    2 years

    1 step

    1 year

    First grade: normal class

    13th step


    12th step

    4 years

    11th step

    3 years

    10th step

    3 years

    9th step

    3 years

    8th step

    2 years

    7th step

    2 years

    6th step

    2 years

    5th step

    2 years

    4th step

    2 years

    3rd step

    2 years

    2nd step

    2 years

    1 step

    1 year


    II. • The maximum duration of time spent in each step is equal to the average length of the shift. The minimum length of time spent in each step is equal to the reduced mean quarter duration. This period may not be less than one year.

    Article 12 Learn more about this article...


    I. ― Can be appointed in the second grade of their respective bodies, after listing on a progress table, officials governed by this decree having reached, as of January 1st of the year under which the advance table is drawn up, at least the fifth step of the first grade and justifying at that date at least four years of actual service in a body, employment framework or employment of category B or
    II. - Staff members promoted are classified in their new grade in accordance with the following correspondence table:


    SITUATION IN GRADE
    normal class
    SITUATION IN THE GRADE OF SUPERIOR CLASS

    Echelons
    Ancient kept within the limit
    the average duration of the host

    13th step

    9th

    Formerly acquired

    12th step

    8th

    5/8 of acquired seniority

    11th step

    7th

    2/3 of acquired seniority

    10th step

    6th

    2/3 of acquired seniority

    9th step

    5th

    2/3 of acquired seniority

    8th step

    4th

    Formerly acquired

    7th step

    3rd

    Formerly acquired

    6th step

    2nd

    Formerly acquired

    5th step

    1

    1/2 of acquired seniority


    III. • The maximum number of public servants who can be promoted annually under I within each body governed by this decree shall be determined in each institution in accordance with the provisions of decree of 3 August 2007 referred to above.

  • Chapter V: Miscellaneous provisions Article 13 Learn more about this article...


    I. ― Officials belonging to a body or employment framework of category B or equivalent level may be placed in a detachment position or directly integrated into one of the bodies mentioned in section 1 of this decree, if they justify one of the diplomas, titles or authorizations required for access to that body.
    II. - Staff members placed in a detachment position or directly incorporated in the corresponding body shall, as the case may be, be subject to the provisions of the aforementioned titles II and II bis of the decree of 13 October 1988.
    III. - Detached officials may, at any time, be incorporated, upon their request, into the corresponding body governed by this decree.
    IV. - Services performed in the original body or employment framework are considered to be services performed in the integration body.

  • Chapter VI: Transitional provisions Article 14 Learn more about this article...


    I. ― Social and family economic advisers Decree No. 93-653 of 26 March 1993 with special status of the social and family economic advisers of the hospital civil service, specialized technical educators governed by the Decree No. 93-655 of 26 March 1993 with special status of specialized technical educators of the hospital public service and young children ' s educators governed by the Decree No. 93-656 of 26 March 1993 amended with special status of young children ' s educators in the hospital public service are incorporated in the bodies of social and family economic advisers, specialized technical educators and young children ' s educators governed by this decree and reclassified according to the following correspondence tables:


    SITUATION
    before reclassification
    NEW SITUATION

    Superior class or level of adviser
    the main social and family economy

    Upper class

    Formerly retained within the time limit

    7th step

    10th

    Formerly acquired

    Step 6:



    ― from three years

    10th

    Not old

    - before three years

    9th

    5/6 of acquired seniority

    Step 5:



    ― from a year six months

    8th

    5/3 of the old age acquired beyond a year six months

    before a year six months

    7th

    4/3 of acquired seniority

    4th step

    6th

    2/3 of acquired seniority

    3rd step

    5th

    2/3 of acquired seniority

    2nd step:

    4th

    Formerly acquired

    1st step:



    ― from a year

    3rd

    Twice the seniority acquired over a year

    - before a year

    2nd

    Twice acquired seniority

    Standard class or level of advisor
    social and family economies

    Normal

    Formerly retained within the time limit

    10th step

    13th

    Formerly acquired

    9th step:



    ― from two years

    12th

    Twice seniority acquired beyond two years

    - before two years

    11th

    3 /2 of acquired seniority

    8th step

    10th

    Formerly acquired

    7th step

    9th

    Formerly acquired

    6th step

    8th

    2/3 of acquired seniority

    Step 5:



    ― from a year

    7th

    Twice the seniority acquired beyond a year

    - before a year

    6th

    Twice acquired seniority

    4th step

    5th

    Formerly acquired

    Step three:



    ― from a year

    4th

    Twice the seniority acquired beyond a year

    - before a year

    3rd

    Older acquired aged one year

    2nd step:



    ― from a year six months

    3rd

    Twice seniority acquired beyond a year six months

    before a year six months

    2nd

    2/3 of the acquired seniority increased by one year

    1st step:



    from six months

    2nd

    Twice seniority acquired beyond six months

    before six months

    1

    Twice acquired seniority


    II. - Interested persons retain the reductions and increases of seniority granted and not used for a level advancement in their former bodies.
    III. - The services performed in their bodies and their rank of origin by the agents mentioned in I are assimilated to services performed in their bodies and their degree of integration.

    Article 15 Learn more about this article...


    I. ― Recruitment competitions open in bodies governed by the Decree No. 93-653 of 26 March 1993 amended with special status of the Social and Family Economic Advisers of the Hospital Public Service, Decree No. 93-655 of 26 March 1993 with special status of specialized technical educators in the hospital public service and Decree No. 93-656 of 26 March 1993 Amended with special status of young children in the hospital public service, in their writing prior to the entry into force of this decree, whose opening orders have been published before the date of entry into force of this decree, remain governed by the provisions applicable to the date of publication of these Orders.
    II. - The winners of the contests mentioned in I, whose appointment has not been made in the bodies governed by the provisions of the aforementioned decrees of March 26, 1993 before the coming into force of this decree, may be appointed in the corresponding bodies governed by this decree.

    Article 16 Learn more about this article...


    Internship agents in bodies governed by the Decree No. 93-653 of 26 March 1993 amended with special status of the Social and Family Economic Advisers of the Hospital Public Service, Decree No. 93-655 of 26 March 1993 with special status of specialized technical educators in the hospital public service and Decree No. 93-656 of 26 March 1993 Amended with special status of young children in the hospital public service in their writing prior to the entry into force of this decree continue their training in the corresponding bodies governed by this decree.

    Article 17 Learn more about this article...


    I. ― On the date of entry into force of this decree, officials detached from the body governed by the Decree No. 93-653 of 26 March 1993 amended with special status of the Social and Family Economic Advisers of the Hospital Public Service, Decree No. 93-655 of 26 March 1993 with special status of specialized technical educators in the hospital public service and Decree No. 93-656 of 26 March 1993 Amended with special status of young children of the hospital public service in their writing prior to the entry into force of this decree are placed, for the duration of their remaining detachment, in a position of detachment in the corresponding bodies governed by this decree. They are classified in the latter bodies in accordance with the correspondence table in Article 14.
    II. - These officials keep the reductions and increases of seniority granted and not used for a level advancement in their former situation.
    III. - The services performed in the detachment position in the regulated bodies speaks Decree No. 93-653 of 26 March 1993 amended with special status of the Social and Family Economic Advisers of the Hospital Public Service, Decree No. 93-655 of 26 March 1993 with special status of specialized technical educators in the hospital public service and Decree No. 93-656 of 26 March 1993 Amended with special status of young children of the hospital public service in their writing prior to the entry into force of this decree are assimilated to services performed in the detachment position in the corresponding bodies governed by this decree and in the ranks of this body.

    Article 18 Learn more about this article...


    Contractual agents recruited pursuant to section 27 of the above-mentioned Act of 9 January 1986, who are to be held in the rank of socio-educational assistant governed by the Decree No. 93-652 of 26 March 1993 bearing special status of socio-educational assistants of the public hospital service are maintained in office and are intended to be held in the rank of socio-educational assistant governed by this decree.

    Article 19 Learn more about this article...


    The grade progress tables, established under the year in which the integration of public servants promoted in one of the bodies governed by this decree is pronounced, remain valid until December 31 of that same year.
    Officials promulgated pursuant to the preceding paragraph, after the date of entry into force of this Order, shall be graded in advance, taking into account the situation that would have been theirs if they had continued, until the date of their promotion, their career in their former rank and had been graded in advance under the provisions of the Decrees No. 93-653 of 26 March 1993 bearing special status of advisors in the social and family economy of the public hospital service, No. 93-655 of 26 March 1993 bearing special status of specialized technical educators of the public hospital service and No. 93-656 of 26 March 1993 bearing special status of educators of young children of the public hospital service, then reclassified to the date of their promotion under the conditions set out in the table mentioned in Article 14 of this decree.

    Rule 20 Learn more about this article...


    The Decree No. 93-653 of 26 March 1993 special status of the social and family economic advisers of the public hospital service, Decree No. 93-655 of 26 March 1993 bringing the special status of specialized technical educators of the hospital public service and Decree No. 93-656 of 26 March 1993 on the special status of educators of young children in the hospital public service are repealed.

    Article 21 Learn more about this article...


    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 4 February 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


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