Key Benefits:
Publics concerned: Socio-educational assistants in the hospital public service.
Subject: Redesign of the body of socio-educational assistants of the public hospital service.
Entry into force: the text comes into force on the day after its 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 body with socio-educational assistants with a re-evaluation and modification of their career development. The proposed indiciary grid is identical to those of the corresponding bodies of the other two public functions.
This decree reproduces and updates the special status of the body of socio-educational assistants. It includes the transitional and final provisions as well as the reclassification procedure for staff members of the aforementioned body.
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 for 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. 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:
Socio-educational assistants are a category B body of the hospital public service, governed by the law of 9 January 1986 referred to above. They perform their duties in the institutions referred to in Article 2 of this Act.
The body of socio-educational assistants includes:
1° The degree of socio-educational assistant with thirteen levels;
2° The rank of senior socio-educational assistant with eleven levels.
I. - The mission of socio-educational assistants is to help patients, welcomed persons and families, who are experiencing social difficulties, to prevent or overcome these difficulties, to maintain or regain their autonomy, and possibly to facilitate their social and professional integration. In respect of people, they seek the causes that compromise their psychological, economic or social balance. They advise and assist these people with the aim of improving their social, health, family, economic, cultural and professional living conditions.
They participate in the development and implementation of the social and educational projects of the institution they report. They participate in the development of the socio-educational service activity report.
II. - According to their training, they are particularly active in one of the following two jobs:
1° The social service assistants, whose mission is to advise, guide and support the welcomed persons and their families as well as the agents of the institution they are responsible for. They help people who are welcomed and their families in their actions and inform the services they are responsible for the instruction of a social action measure. They assist in any action that may prevent or remedy the social or social difficulties encountered by the population;
They ensure, in the interests of these people, coordination with other social and mediocial institutions or services. Some of them perform the same functions for the benefit of the institution's personnel;
2° Specialized educators, who, in liaison with families, participate in the education of children or adolescents in difficulty of insertion and are responsible for the support of persons with disabilities, inappropriate or at risk of inadaptation.
They contribute to their school, social and professional integration through appropriate techniques and activities.
III. - Where there is no socio-educational framework in the institution, socio-educational assistants are placed directly under the authority of the director.
Socio-educational assistants are recruited by title contest organized by the appointing authority and open:
1° For the employment of social service assistant, candidates meeting the conditions set out in the articles L. 411-1 and L. 411-2 the code of social action and families, giving the title of social service assistant and enabling them to exercise their activity;
2° For the employment of a specialised educator, holders of a specialised educator's state diploma or holders of an equivalent title or diploma under the conditions provided by the decree of 13 February 2007 referred to above.
I. ― The general rules of the competitions are set by joint decree of the ministers responsible for health and the public service.
II. - Notices of opening of the contests are displayed, 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 regional health agencies.
Candidates received in the contest referred to in Article 4 are appointed socio-educational assistants trainees 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 or employment framework.
The duration of the internship is taken into account for the progress of the course, within one year.
Staff members recruited under Article 4 shall, at the time of their appointment, be assigned to the 1st level of the grade of socio-educational assistant, subject to the provisions mentioned in Articles 8, 9 and 10 of this Order and those of articles 8, 9 and 10 of this Order. 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 as a socio-educational assistant, 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.
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:
| 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 |
| 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 |
| 1 step | 1 | 1/2 of acquired seniority |
Provided that they have justified in their previous duties the possession of the titles or diplomas provided for in Article 4 above, the socio-educational assistants governed by this decree which, prior to their recruitment, have been employed and paid in functions corresponding to that of socio-educational assistant by a health institution, a social or medico-social institution, public or private, and which may no longer avail themselves of
This recovery can only be attributed once during the career of the interested parties.
Socio-educational assistants of the hospital public service 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 are 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.
I. ― The average length of time spent in each step of the ranks of the body governed by this decree is fixed as follows:
| Senior socio-educational assistant | |
| 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 |
| Socio-educational assistant | |
| 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 |
I. ― Can be appointed to the rank of senior socio-educational assistant, after registration on a progress table established after notice of the parity administrative board, the socio-educational assistants of the first grade who reached the 1st January of the year under which this progress table is drawn up at least the 5th step of this grade and justifying at that time at least four years of effective service in the
Interested persons are classified in their new grade in accordance with the following correspondence table:
| 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 |
I. ― Staff members placed in a detachment position or directly incorporated in that body are subject, as the case may be, to the provisions of headings II and II bis of the aforementioned decree of 13 October 1988.
II. ― Staff members may, at any time, be integrated, upon their request, into the body, governed by this decree.
III. ― Services performed in the original body or employment framework are assimilated to services performed in the integration body.
I. ― Members of the body of socio-educational assistants governed by the Decree No. 93-652 of 26 March 1993 are incorporated into the body of socio-educational assistants governed by this decree and reclassified to the date of entry into force of this decree according to the correspondence table below.
For this purpose, four interim steps are established.
| 12th step | 10th | Formerly acquired |
| Step 11: | | |
| ― from two years | 9th | 5/4 of seniority acquired beyond two years |
| - before two years | 8th | 5/4 of acquired seniority |
| 10th step | 7th | 1/2 of acquired seniority |
| 9th step | 6th | 2/3 of acquired seniority |
| 8th step | 5th | 2/3 of acquired seniority |
| 7th step | 4th | 2/3 of acquired seniority |
| 6th step | 3rd | Formerly acquired |
| Step 5: | | |
| ― from a year | 2nd | Twice the seniority acquired beyond a year |
| - before a year | 1 | Formerly acquired |
| 4th step | 4th interim step | Formerly acquired |
| Step three: | | |
| ― from a year | 4th interim step | Not old |
| - before a year | 2nd interim step | Formerly acquired, increased by one year |
| 2nd step: | | |
| ― from a year | 3rd interim step | Older acquired beyond a year |
| - before a year | 2nd interim step | Twice acquired seniority |
| 1 step | 1 interim step | Formerly acquired |
I. ― Recruitment examinations open in the body governed by the Decree No. 93-652 of 26 March 1993 bearing the special status of socio-educational assistants of the hospital public service, 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 body governed by the provisions of the decree of March 26, 1993 referred to above before the coming into force of this decree, may be appointed in the body governed by this decree.
Socio-educational assistants trained by the Decree No. 93-652 of 26 March 1993 bearing special status of socio-educational assistants of the public hospital service continue their internship in the body governed by this decree.
I. ― On the date of entry into force of this decree, officials detached from the body governed by the Decree No. 93-652 of 26 March 1993 bearing special status of socio-educational assistants of the public hospital service are placed, for the duration of their remaining detachment, in a detachment position in the body governed by this decree. They are classified in the latter body in accordance with the correspondence table in Article 14.
II. ― These officials retain the reductions and increases of seniority granted and not used for the advancement of their former situation.
III. ― The services performed in the detachment position in the body governed by the decree of March 26, 1993 referred to above are equivalent to services performed in the detachment position in the body governed by this decree as well as in the ranks of this body.
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.
Until its next renewal, the competent administrative commission for members of the body of socio-educational assistants governed by the Decree No. 93-652 of 26 March 1993 bearing the special status of socio-educational assistants of the public hospital service, whose term of office of the members is maintained, remains competent for members of the body of socio-educational assistants governed by this decree.
Decree No. 93-652 of 26 March 1993 on the special status of socio-educational assistants of the public hospital service is repealed.
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
