Decree No. 2014-101 4 February 2014 On The Special Status Of The Body Of The Public Hospital Service Educational Assistants

Original Language Title: Décret n° 2014-101 du 4 février 2014 portant statut particulier du corps des assistants socio-éducatifs de la fonction publique hospitalière

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Keywords Social Affairs, health, function public hospital, establishment of health, hospital staff hospital, official hospital, ASSISTANT SOCIO-educational, class B status particular, recruitment, competition on titles, internship, intern, TENURE, treatment, REMUNERATION, index, staging INDICIAIRE, progress, seniority required, improvement of career JORF n ° 0031 6 February 2014 text no. 10 Decree No. 2014-101 February 4, 2014 with status individual from the body of the workers of the public hospital service NOR wizards : AFSH1328908D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/2/4/AFSH1328908D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2014/2/4/2014-101/jo/texte interested Publics: socio-educational assistants in the public hospital service.
Subject: redesign of the body of the public hospital service educational assistants.
Entry into force: the text comes into force the day following its publication.
Notice: the statutory reform of the category B of the public hospital service, this Decree is intended to provide the personnel of the body of an upgrading and modification of their career progress educational assistants. The proposed salary scale is identical to those of the corresponding bodies of the two other public functions.
This present Decree resumed and refreshes the particular status of the body of educational assistants. It includes transitional and final provisions and procedures for reclassification for the supra Corps officials.
References: this decree can be accessed on the Legifrance (http://www.legifrance.gouv.fr) site.
The Prime Minister, on the report of the Minister of Social Affairs and health, having regard to the code of public health;
Having regard to the code of social action and families;
Pursuant to law No. 83 - 634 of 13 July 1983 as amended on rights and obligations of officials, all amended Act No. 86-33 of January 9, 1986 on the statutory provisions on the public hospital service;
Considering Decree No. 88-976 October 13, 1988, amended relating to certain positions of hospital officials, integration and certain modalities of provision;
Mindful of Decree No. 2007-196, February 13, 2007 amended relating to equivalence of diplomas required to attend competitions for access to the bodies and officials of public service jobs;
Considering Decree No. 2007 - 1191, August 3, 2007, relating to the advancement of rank in some body of the public hospital service;
Mindful of Decree No. 2010-311 22 March 2010 laying down detailed recruitment and hospitality 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, a framework for employment or employment of the French public service;
Considering Decree No. 2011-661 14 June 2011 amended establishing statutory provisions common to various corps of civil servants in category B of the public hospital service;
Having regard to the opinion of the Committee of local finance (consultative commission of evaluation standards) dated November 15, 2013;
Having regard to the opinion of the High Council of the function public hospital dated November 8, 2013;
The Council of State (administration section) heard, enacts as follows: Chapter I: General provisions Article 1 read more on this article...

Educational assistants constitute a body of category B of the public hospital service, governed by the above-mentioned law of January 9, 1986. Exercise of their functions in the establishments referred to in article 2 of this Act.


Article 2 more on this article...

The body of educational assistants consists of: 1 ° the assistant grade socio-educational which has thirteen levels;
2 ° the assistant grade educational main which has eleven levels.


Article 3 read more on this article...

I. - Educational assistants have a mission to help patients, hosted people and families who experience social difficulties, to prevent or overcome these difficulties, to maintain or regain their self-sufficiency, and possibly to facilitate their social and professional integration. In respect of persons, they are looking for the causes that undermine their psychological, economic, or social balance. They advise and accompany these persons with the aim of improving their conditions of life on the social, health, family, economic, cultural and professional plane.
They participate in the development and implementation of social and educational projects of the institution to which they belong. They participate in the preparation of the report of the socio-educational service activity.
II. - According to their training, they serve specifically in one of the two following jobs: 1 ° social service assistants, who have a mission to advise, guide and support received individuals and their families as well as the agents of the institution to which they belong. They help hosted people and their families in their efforts and inform the services which they fall for the instruction of a measure of social action. They contribute to any action that could prevent social or medico-social difficulties encountered by the population or remedy;
They ensure, in the interests of these persons, coordination with other institutions or social and medico-social services. Some of them perform the same functions for the benefit of the staff of the institution;
2 ° the educators who participate in liaison with the families, to the education of children or adolescents in difficulty of insertion and are responsible for the support of people with disabilities, inadequate or at risk of maladjustment.
They contribute to their academic, social and professional integration through techniques and appropriate activities.
III. - When there is no socio-educational framework in the institution, educational assistants are placed directly under the authority of the Director.

Chapter II: Modalities for recruitment Article 4 in more on this article...

Educational assistants are recruited by securities competition organized by the authority appointing the power of appointment and open: 1 ° for the employment of social service Wizard to candidates which satisfies the conditions laid down in articles L. 411 - 1 and L. 411 - 2 of the code of social action and families, giving the right to the title of assistant to social service and to exercise the activity;
2 ° for the employment of educator, educator-State diploma holders or holders of a title or a diploma recognised as equivalent in the conditions laid down by the Decree of February 13, 2007, referred to above.


Article 5 read more on this article...

I. ― the General Organization of the competition rules are established by joint order of Ministers responsible for health and public service.
II. Notice of initiation of the competition are displayed so as to be accessible to the public, on the premises of the organising institution these competitions, in those of the regional health agency whose jurisdiction it falls as well as in those of the prefecture of the Department in which the establishment is located. They are also published electronically on the Web sites of the regional health agencies.

Chapter III: Appointment and tenure Article 6 in more on this article...

Candidates in the competition referred to in article 4 are appointed trainee educational assistants by the appointing authority of the power of appointment and do an internship for a period of one year.
At the end of the course, trainees whose services have been successful are tenured.
Students who have not been tenured at the end of the internship may be authorized to perform an additional internship for a maximum of one year.
Officers who were not allowed to perform an additional internship or the complementary internship gave no satisfaction are either dismissed if they had not previously officials, be reintegrated into their body or origin employment framework.
The duration of the internship is taken into account for increment, within the limit of a year.


Article 7 read more on this article...

Staff members recruited in accordance with article 4 are classified, upon their appointment, to the 1st step in the grade of assistant socio-educational, subject to the provisions mentioned in articles 8, 9 and 10 of this order and those of articles 14, 15 and 17 of the Decree of June 14, 2011 referred to above. A period of professional activity can be taken into account only in respect of one of these articles.
Persons who, due to their earlier career, are arrangements of several of the articles mentioned in the previous paragraph are classified upon appointment in the grade of assistant socio-educational, pursuant to the provisions of article corresponding to their last position.
These persons may, however, within a maximum period of six months from the notification of the decision pronouncing their classification under the conditions laid down in the preceding paragraph, request that they be applied the provisions of any of these articles, if they are more favourable.

The duration of national service completed as called in accordance with article 63 of the code of the national service as well as the actual time achieved in respect of civic service or international volunteering, in application of articles L. 120 - 33 or L. 122 - 16 of the code, are taken into account in their entirety.


Article 8 more on this article...

I. ― officials belonging to a body or a framework for employment of the category C or level holding a grade located in scale 6 are classified according to the following table: SITUATION in scale 6 of category C status in the first rank of the body of educational assistants first grade levels seniority kept within the limit of the duration of the level 9th 11th level seniority acquired in the two year limit 8th 10th step 3. 4 7th acquired seniority level 9 3/4 acquired seniority 6th 8th level 2/3 acquired seniority 5th 7th level 2/3 acquired seniority 4th 6th level acquired seniority 3rd step: ― from a 6th year four months without seniority before ― one year four months 5th 3/2 of seniority acquired 2nd step: ― from six months 5th without seniority ― before six months 4th twice acquired seniority increased by one year 1st 4th step acquired seniority II. ― Officials belonging to a body or a framework for jobs of category C, or at the same level who hold a grade scale 5, level 4 or level 3 are classified according to the following table: SITUATION in ranges 5, 4 and 3 in category (c) SITUATION in the first rank of the body of assistants workers first grade levels seniority kept within the limit of the duration of the interval 12th level (ladders 4 and) (5) 9 3/4 acquired seniority 11th 8th level 1/4 acquired seniority, plus one-year 10th 8th level 1/4 9th acquired seniority 7th level 2/3 acquired seniority 8th 6th level 2/3 acquired seniority 7th 5th level acquired seniority 6th 4th level 1/2 gained seniority, plus one year 5th level: ― from one year four months 4th 3/2 acquired seniority beyond one year four months — before one year four 3rd month 3/4 acquired seniority, plus one year 4th 3rd step 1/3 acquired seniority 3rd 2nd level 1/2 gained seniority, plus one-year 2nd step: ― from six months 2nd twice acquired seniority beyond six months — before six months 1 plus acquired seniority of six months 1st step 1 1/2 acquired seniority III. ― Officials belonging to a body or a framework of jobs of the category C or level that an other rank mentioned in the I and II are classified into the rank of assistant educational level with the nearest index in the index they held prior to their appointment increased by 15 gross index points. When two successive levels have an equal gap with this index rose, the classification is pronounced in the one that has the lowest index.
In the limit of average tenure required under article 11 for a promotion to the higher level, the beneficiaries of this provision retain the seniority acquired in their grade of origin when the increase of treatment due to their appointment is less than or equal to 15 gross index points. However, when the classification made in accordance with the preceding paragraph leads the employee to benefit from a level that also reached the holder of a higher rank of origin level, no seniority only him is retained in the rank of assistant level socio-educational in which it is classified.
If they have interest, referred to in the first subparagraph, officers who held a rank with level 5, previously to the last rank in category C, are classified in accordance with the provisions of II taking into account the situation that would have been theirs if they had ceased, until the date of appointment in the body governed by this Decree to belong to that rank.
IV. - Officials other than those mentioned in the I, II and III are classified at the level of the first rank that has equal or, failing that, immediately above the perceived last treatment treatment in their original body.
In the limit of the required average tenure in article 11 for a promotion to the higher level, they retain the seniority they had gained in their grade of origin when the increase of treatment due to their appointment is less than that which would have resulted from a date of increment in their former situation.
Appointed officials whereas they have reached the last step in their grade of origin retain their seniority within the same limits, when the increase of treatment due to their appointment is less than that resulting from their promotion to this last step.


Article 9 read more on this article...

They have justified their previous duties of possession of diplomas or provided in article 4 above, socio-educational assistants subject governed by this Decree which, prior to their recruitment, were employed and paid duties corresponding to that of assistant educational by a health institution, a social or medico-social, public or private establishment, and who cannot take advantage of more favourable provisions in respect of article 7 above are classified, upon their appointment, to a level taking into account, on the basis of the maximum required age for each advancement in step, the length of their previous office.
This recovery can be attributed only once in the career of the persons concerned.


Article 10 more on this article...

The wizards workers of the public hospital service which, prior to their appointment in the body governed by this Decree, of services in a Government or an agency of a Member State of the Union European or another State party to the European economic area agreement are classified, upon appointment, pursuant to the provisions of title II of the Decree of 22 March 2010 above.
When they justify, in addition, services not giving rise to the application of these provisions, they can ask to benefit from the provisions of article 7 of this order, in preference to those of the Decree of 22 March 2010 above.

Chapter IV: Progress Article 11 in more on this article...

I. — the average length of time spent in each of the levels of the grades of the body governed by this Decree is fixed as follows: GRADES and steps average Assistant educational main 11th level ― 10th level 3 years 9th level 2 years 6 months 8th step 2 years 6 months 7th step 2 years 6th step 2 years 5th level 2 years 4th step 2 years 3rd step 2 years 2nd step 2 years 1st step 1 year educational Assistant
13th level ― 12th level 4 years 11th level 3 years 10th level 3 years 9th level 3 years 8th step 2 years 7th step 2 years 6th step 2 years 5th level 2 years 4th step 2 years 3rd step 2 years 2nd step 2 years 1st step 1 year II. ― The maximum duration of time spent in each level is equal to the increased average duration of one quarter. The minimum duration of time spent in each level is equal to the reduced average length of the quarter. This duration cannot be less than one year.


Article 12 read more on this article...

I. ― can be appointed to the rank of assistant educational main, after registration on an array of advancement after opinion of the joint administrative Committee, assistants workers of the first grade having reached to January 1 of the year in which this table of progress at least the 5th increment for that grade is erect and justifying that date to at least four years of service in a body established framework for employment or employment of the category B or level.
Interested parties are classified in their new grade in accordance with the following correspondence table: SITUATION in the GRADE of ASSISTANT educational SITUATION in the GRADE of ASSISTANT SOCIO-EDUCATIF main seniority kept within the limit of the duration of the interval 13th 9th level seniority acquired 12th 8th step 5/8 acquired seniority 11th 7th level 2/3 acquired seniority 10th 6th level 2/3 acquired seniority 9th 5th level 2/3 acquired seniority 8th 4th level 7th acquired seniority 3rd level 6th acquired seniority level 2nd 5th acquired seniority level 1 1/2 acquired seniority II. ― The maximum number of staff that can be promoted each year under the I within the body governed by this Decree shall be determined in each settlement, in accordance with the provisions of the Decree of 3 August 2007 above.

Chapter V: Provisions various Article 13 read more on this article...

I. ― officials placed in position of detachment or directly integrated in this body are subject, as appropriate, to the provisions of titles II and II bis of Decree of October 13, 1988, referred to above.
II. ― seconded officials may, at any time, be integrated, at their request, in the body, governed by this Decree.
III. ― services performed in the framework of employment to origin or body shall be treated as made in the body of integration services.

Chapter VI: Transitional provisions Article 14 read more on this article...


I. ― the members of the body of educational assistants governed by Decree No. 93-652 dated 26 March 1993 are integrated into the body of educational assistants governed by this Decree and reclassified to the date of entry into force of this Decree according to the table below.
For this purpose are created four interim levels.
SITUATION before reclassification SITUATION new into the rank of assistant principal Grade and level assistant Grade socio principal level seniority kept within the limit of the mean duration of the level of home 12th 10th level acquired seniority 11th level: ― from two 9th years 5/4 acquired seniority over two years — before two years 8th 5/4 10th acquired seniority 7th level 1/2 acquired seniority 9th 6th level 2/3 acquired seniority 8th 5th level
2/3 of seniority acquired 7th 6th 2/3 acquired seniority 4th step 3rd echelon acquired seniority 5th level: ― from 2nd year twice acquired seniority beyond one year — within a 1 year acquired seniority 4th step 4th provisional step acquired seniority 3rd step: ― a year from 4th provisional step without seniority — before one year 2nd provisional step acquired seniority plus one-year 2nd step: ― a year from 3rd provisional step seniority acquired beyond one year — within a year 2nd provisional step twice acquired seniority 1st step 1st step provisional seniority acquired II. ― The echelon in the 1st provisional step duration is one year, it is two years for the 2nd, 3rd and 4th provisional levels.
III. ― interested parties retain the reductions and increases of seniority granted and not used for a date of increment in their old body.
IV. — the services performed in their body and their rank of origin by the agents referred to in I shall be assimilated to services made in their bodies and their degree of integration.


Article 15 read more on this article...

I. — recruitment competitions open in the body governed by Decree No. 93-652 26 March 1993 on special status assistants workers of the public hospital service, opening orders have been published before the date of entry into force of this Decree, remain governed by the provisions applicable on the date of publication of these orders.
II. — the winners of the competitions mentioned in the I, whose appointment was not pronounced in the body governed by the provisions of the Decree of 26 March 1993 supra before the entry into force of this Decree, may be appointed in the body governed by this Decree.


Article 16 read more on this article...

Trainee educational assistants governed by Decree No. 93-652 26 March 1993 on the special status of the public hospital service educational assistants continue their internship in the body governed by this Decree.


Article 17 read more on this article...

I. — the date of entry into force of this Decree, officials seconded in the body governed by Decree No. 93-652 26 March 1993 on the special status of the public hospital service educational assistants are placed, for the duration of their secondment remainder in position of detachment in the body governed by this Decree. They are classified in this last body in accordance with the correlation table set out in article 14.
II. ― these officials maintain the reductions and increases of seniority granted and not used for a date of increment in their former situation.
III. ― services performed in position of detachment in the body governed by the Decree of 26 March 1993 supra are assimilated to services performed in position of detachment in the body governed by this Decree and in the ranks of this body.


Article 18 read more on this article...

Contract staff pursuant to article 27 of the above-mentioned law of January 9, 1986 and which are intended to be tenured in the rank of assistant educational governed by Decree No. 93 - 652 26 March 1993 on the special status of the public hospital service educational assistants are kept in functions and are meant to be tenured in the rank of assistant educational governed by this Decree.


Article 19 more on this article...

Until its next renewal, the joint administrative Committee responsible for the members of the body of educational assistants governed by Decree No. 93-652 of 26 March 1993 concerning the special status of educational assistants of the public hospital service, the mandate of the members is maintained, remains responsible for the members of the body of educational assistants governed by this Decree.


Article 20 more on this article...

Decree No. 93-652 26 March 1993 on the special status of educational assistants of the public hospital service is repealed.


Section 21 read more on this article...

The Minister of economy and finance, the Minister of Social Affairs and health, Minister of the State, decentralization and public service reform and the Minister delegate to the Minister of economy and finance, in charge of the budget, are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Made February 4, 2014.
Jean-Marc Ayrault by Prime Minister: the Minister of Social Affairs and health, Marisol Touraine the Minister of economy and finance, Pierre Moscovici the Minister for reform of the State, decentralization and public service, Marylise Lebranchu the Minister delegate to the Minister of economy and finance, in charge of the budget, Bernard Cazeneuve

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