Order Of June 13, 2014, On The Establishment Of A Joint Consultative Committee Contractual Agents Of The Ministry Of Foreign Affairs

Original Language Title: Arrêté du 13 juin 2014 portant création d'une commission consultative paritaire compétente à l'égard des agents contractuels du ministère des affaires étrangères

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JORF n ° 0151 July 2, 2014 text no. 10 order of June 13, 2014 for the establishment of a joint consultative committee contractual agents of the Ministry of Foreign Affairs NOR: MAEA1413258A ELI: https://www.legifrance.gouv.fr/eli/arrete/2014/6/13/MAEA1413258A/jo/texte the Minister of Foreign Affairs and international development, pursuant to law No. 72-659 of July 13, 1972 amended relative to international technical expertise;
Pursuant to law No. 83 - 634 of 13 July 1983 as amended on rights and obligations of officials, all amended Act No. 84-16 of 11 January 1984 on the statutory provisions on the public service of the State;
Pursuant to law n ° 2010-751 of July 5, 2010 amended relating to the renewal of the social dialogue and containing various provisions on public service;
Considering Decree No. 69-697 18 June 1969 amended establishing the status of contractual agents of the State and public institutions of the State in administrative character, of French nationality, in foreign service;
Considering Decree No. 76-832 of 24 August 1976 as amended concerning the financial organization of some institutions or organizations of cultural diffusion depending on the Ministry of Foreign Affairs and the Ministry of cooperation.
Having regard to Decree No. 86 - 83 of 17 January 1986 as amended relating to the General provisions applicable to non-incumbent officials of the State taken for the purposes of article 7 of Act No. 84-16 of 11 January 1984 containing statutory provisions relating to public service of the State;
Mindful of Decree No. 2006-781 3 July 2006 amended fixing the terms and conditions of payment of the costs occasioned by the temporary displacements of the civilian personnel of the State;
Having regard to the opinion of the Ministerial Technical Committee of the Ministry of Foreign Affairs dated 6 November 2013, stop: title I:: ORGANISATION Article 1 more on this article...

It is created with the Director general of administration and the modernization of the Ministry of Foreign Affairs a joint consultative commission jurisdiction over contractors of public law of the Ministry of Foreign Affairs, with the exception of the officials of Decree No. 69-546 of June 2, 1969, establishing the status of the contractors of the headquarters of the Ministry of Foreign Affairs.
The Organization, composition, powers and functioning of this commission are governed by the provisions of this order.

Title II: COMPOSITION chapter I: General provisions Article 2 read more on this article...

The joint consultative committee referred to in article 1 includes:-five representatives of the administration, including the president of the commission, and an equal number of alternates;
-five incumbent staff representatives and an equal number of alternates.


Article 3 read more on this article...

Members of the joint consultative commission are appointed for a period of four years. Their mandate can be renewed. However, when the commission is renewed during the electoral cycle, the staff representatives are appointed, under the conditions laid down in this order, for the duration of the term before the general renewal.
In the interests of the service, the duration of the mandate of the joint consultative commission may be exceptionally reduced or extended by joint order of the Minister of Foreign Affairs and the Minister responsible for the public service. This reduction or extension may not exceed a duration of eighteen months.
When the renewal of the joint consultative commission, the new members come into functions on the date at which ends, in application of the preceding provisions, the mandate of the Member to which they succeed.


Article 4 more on this article...

The representatives of the administration, members hold or alternate JAB Advisory coming, while in office, to cease functions due to which they have been appointed are replaced in the form indicated in article 6 below. The terms of their successors expire in this case when the renewal of the joint consultative commission.


Article 5 read more on this article...

Shall be made to the replacement of the staff representatives, members hold or alternate of the Committee, in the impossibility to exercise their mandate, as a result:-end of contract;
-of resignation;
-from leave without pay reason family or personal;
-to leave serious illness;
-for one of the grounds provided for in the second paragraph of article 10; or - any other reason to stop the functions for which they have been appointed.
The representative of the staff unable to carry out its mandate is replaced in the manner provided in sections 18 to 21.
The mandate of alternates shall expire at the same time as that of the other members of the commission.

Chapter II: Appointment of representatives of the administration Article 6 in more on this article...

The representatives of the administration, and alternates, the joint consultative committee are appointed by Decree of the Minister of Foreign Affairs within fifteen days of the proclamation of the results of the elections provided for in articles 16 and 21 of this order.
They are chosen from among officials of the Ministry of Foreign Affairs belonging to a body classified in category A or assimilated.
To the appointment of its representatives, the administration must meet a minimum proportion of one-third of persons of each sex. This proportion is calculated on all members representing the administration, and their alternates.
The quality of staff member is not required representatives of administration positions for which the appointment is left to the decision of the Government by application of article 25 of the above-mentioned law of 11 January 1984.

Chapter III: Appointment of the representatives of personnel Article 7 in more on this article...

The elections provided for in this order are on acronym.
The date of the elections for the renewal of the joint consultative commission is the elections for the renewal of such administrative commissions as defined in article 11 of Decree No. 82-451 of 28 May 1982 as amended relating to the joint administrative commissions.


Article 8 more on this article...

Are voters, the title of the joint consultative commission established by the present adopted, contractual agents of public law of the Ministry of Foreign Affairs in the position of business or paid leave or parental leave, with the exception of the officials of Decree No. 69-546 of June 2, 1969, establishing the status of the contractors of the headquarters of the Ministry of Foreign Affairs. They must justify a permanent contract or a contract of a minimum duration of six months or a successively renewed contract for at least six months, current at the date of the election, and perform their duties without interruption for at least two months to the election date.


Article 9 read more on this article...

For the completion of the electoral process, voters can be divided into polling divisions created by the authority referred to in article 1.
The voters list is decided by the Minister of Foreign Affairs. Elector quality rises to the polling day. It is displayed in the central administration services, in diplomatic missions, consular posts and establishments governed by the provisions of the Decree of 24 August 1976 referred to above, at least one month before the date of the ballot.
Within eight days following publication, voters can check registration and, where appropriate, to submit requests for registration. Within the same period, and three days from its expiry, claims may be made against the entries or omissions on the electoral list.
The Minister of Foreign Affairs decide without delay on the claims.
No change is then permitted except if a posterior event and taking effect no later than the eve of the vote results, for an agent, the acquisition or loss of eligibility to vote.
In this case, registration or deregistration is pronounced no later than the day before polling, either at the initiative of the administration, or at the request of the person concerned, and immediately brought to the knowledge of staff by posting.


Article 10 more on this article...

May be appointed members of the commission agents eligible to be registered on the electoral list.
However cannot be designated:-contractors in serious sick leave, - those who are struck with one of the disabilities imposed by articles L. 5 and 6 of the electoral code - those who have hit a temporary exclusion of duties under article 43-2 (3 °) of Decree No. 86-83 of 17 January 1986 referred to above, unless they have been pardoned or they have benefited from a decision accepting their request that no trace of the pronounced penalty remains on their record.


Article 11 read more on this article...


The nomination papers must be filed at least six weeks before the date set for the elections by the trade union organizations which, in the public service of the State, meet the conditions laid down in article 9 bis of Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants. Their nomination papers may be common to several trade union organizations. Each Act door application a delegate, authorised to represent the organisation Union candidate in all electoral operations. The organization may designate a substitute delegate.
Nomination is accompanied by a mock-up of the ballot prepared according to the template provided by the administration and, where appropriate, a profession of faith to A4 (duplex) made at their own expense by the trade unions. The deposit made the object of a receipt delivered to the delegate representing the applicant organisation.
Where the authority finds that the application does not meet the conditions laid down in this article, she gives the delegate a reasoned decision declaring the application inadmissible. This decision is made at the latest the day following the deadline for submission of the applications and it is notified without delay.


Article 12 read more on this article...

No application can be filed, modified or removed after the date limit laid down in article 11.
Application documents drawn up under the conditions laid down by this order are displayed as soon as possible to the central administration of the Ministry of Foreign Affairs, in diplomatic missions, consular posts and establishments governed by the provisions of the Decree of 24 August 1976 referred to above, at least one month before the date of the election.
When deadline of filing nominations, no application was filed, resorted to the procedure laid down in article 18.


Article 13 read more on this article...

When several unions affiliated to a same union of unions have filed competing candidates for that election, the administration shall inform, within three days from the date the acts of nominations deadline, delegates from each of the organizations Union candidates. Latter then have a period of three days to carry out changes or withdrawals of candidature necessary.
If, after the expiry of this deadline, these changes or withdrawals are not intervened, the administration informs within three days the union of unions whose organizations Union candidates claim. It then has five days to instruct the administration, by registered letter with request for acknowledgement of receipt, who may avail themselves of belonging to the union for the implementation of this order.
In the absence of such indication, the unions who filed their nomination papers in issue cannot benefit from the provisions of 2 ° of article 9 bis of Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants and cannot avail themselves of belonging to a union for the purposes of the second paragraph of article 14 of this order.
When the admissibility of the applications is not recognized by the administration, the procedure described above is implemented within a period of three days from the notification of the judgment of the tribunal when it is seized of a dispute of the decision by the administration, pursuant to the provisions of the last paragraph of article 9 bis of Act No. 83-634 of 13 July 1983 above-mentioned.


Article 14 read more on this article...

The ballots and envelopes are established at the expense of the administration, according to a template provided by the latter.
Mention, on the ballot, of any of the Trade Union membership, is made to the date of the filing of the nomination paper, a Union of unions to national character.
The ballots and envelopes are delivered to the president of the polling division in numbers at least, for each candidate, the number of registered electors on the electoral list. They are transmitted by the care of the administration officers registered on the electoral list.


Article 15 read more on this article...

A polling station is set up for each election. It makes the counting of the ballots. At the end of counting and without delay, polling proceeded to the proclamation of the results.
When the counting of the ballots is made, it is implemented, except under specific circumstances, within a time limit which shall not be greater than three days from the date of the election.
Polling station comprises a Chairman and a Secretary appointed by the Foreign Minister and a delegate of each organization Union candidate.
The polling division consists of a president and a Secretary so that, where appropriate, a delegate from each organisation Union candidate.


Article 16 read more on this article...

The electoral operations take place publicly in local labour and during hours of service.
Voting takes place by secret ballot and envelope.
Voting may take place by correspondence under the conditions and in the manner established by circular of the Ministry of Foreign Affairs. Shipped envelopes, at the expense of the administration, by the voters must reach polling before the time of closing of the poll.
It can be used electronic voting in the same conditions as for the elections to the administrative commissions joint.


Article 17 read more on this article...

Polling finds the total number of voters and determines the total number of votes validly cast as well as the number of votes obtained by each trade union organization.
In addition, it determines the electoral quotient by dividing the total number of votes validly cast by the number of representatives to be designated for all concerned personnel.


Article 18 read more on this article...

The distribution of the seats of the staff representatives in the joint consultative committee under rule of proportional representation is made.
Each trade union organization is entitled to as many seats of representatives that the number of votes cast for it contains both the electoral quotient. The seats of representatives remaining possibly fill are given the highest-average rule.
Where, for the allocation of a seat, two unions have the same mean and there is only one seat to be filled, the seat is assigned to the organization who garnered the largest number of votes. If several of these organizations have obtained the same number of votes, the seat is assigned to one of them by way of a random draw.
It is attributed to each trade union organization a number of alternate representatives seats equal to that of the incumbent representatives appointed in respect of this organization.
In cases where no applications is submitted on the occasion of the returning officer, the staff representatives are designated by drawing at random from eligible officers to the commission. If agents drawn refuse their designation, the seats vacated are allocated to representatives of the administration.


Article 19 more on this article...

Minutes of the electoral operations is prepared by the bureau vote and immediately transmitted to the Minister for Foreign Affairs as well as the persons empowered to represent organizations Union candidates under the conditions laid down in article 11.


Article 20 more on this article...

Where an act of common application was prepared by trade union organizations, the apportionment between them of the votes is done on the base indicated and made public by the trade union organizations concerned during the filing of nomination papers. Unless, the distribution of the vote is divided equally between the organizations concerned. This distribution is mentioned on the actions of applications displayed in the slots provided for this purpose.


Section 21 read more on this article...

Within a period of fifteen days from the proclamation of the results of the consultation of staff, each trade union organization made known to the Foreign Minister the names of the representatives, and their alternates, appointed by it to fill seats allocated to him.


Article 22 read more on this article...

Disputes on the validity of the electoral operations are brought within a period of five days from the proclamation of the results, before the Minister of Foreign Affairs, and then, if necessary, before the administrative court.

Title III: Responsibilities Article 23 in more on this article...

The joint consultative commission is obligatorily consulted on disciplinary sanctions other than the warning and blame, on individual decisions relating to redundancies involved later in the trial period and on the decisions refusing the benefit of trade union training leave. It is not competent for decisions of end of contract involved at the request of the foreign State on the territory of which is assigned agent.

She is asked for its opinion, at the request of the interested agent, decisions refusing permission to perform part-time service, the individual disputes relating to the conditions of exercise of part-time, decisions refusing permissions of absence to follow an action of preparation for administrative assistance or action of continuing, decisions refusing a placement leave without pay for family or personal reasons where the regulation provides the possibility for the agent to have these permissions.
It is also before it, at the request of the interested agent, disputes relating to its evaluation.
The Committee was informed of the recruitment of contractual agents and renewals of contracts since its last meeting.
Finally, it can be seized, under the conditions laid down in article 29, of all individual questions concerning contract agents within its jurisdiction.


Section 24 read more on this article...

When the commission is called upon to rule on a dismissal for incompetence or for disciplinary reason, it ensures that the contract staff member concerned has been able to take knowledge of his case before the meeting, that he was informed of the opportunity to be heard by the commission, be assisted or represented by a counsel of choice and request the hearing of witnesses.
Even if the person concerned has not worn the opportunities afforded to him or if he has not referred to the notice that was sent to appear before the commission, it sits properly.

Title IV: Functioning Article 25 in more on this article...

The joint consultative committee is chaired by the Director-general of administration and modernization.
The president is, in the case of impediment, replaced by one of the representatives of the administration sitting on the Joint Advisory Committee. There is mention in the minutes of the meeting.


Article 26 more on this article...

The Advisory Board is developing its rules of procedure according to the established regulations for the joint administrative commissions. These rules of procedure is subject to the approval of the Minister of Foreign Affairs.
The secretariat is provided by a representative of the authority which may not be a member of the commission.
A representative of the staff is appointed by the commission in its midst to serve as Deputy Secretary.
A report is prepared after each meeting. It is signed by the president and countersigned by the Secretary and the Deputy Secretary, and transmitted within a period of one month, to the members of the commission. This record is subject to the approval of the members of the Committee at the following meeting.


Article 27 more on this article...

The joint consultative committee meets at least twice a year, convened by its Chairman. It meets also within a maximum period of two months, on written request by half at least of the representatives of the staff.


Article 28 more on this article...

Alternates may attend the meetings of the Committee without being able to take part in the proceedings. They have voting rights in the absence of persons they replace.
The Chairman of the Committee may convene experts at the request of the authority or at the request of the representatives of the staff so that they are heard on an item on the agenda.
Experts can only attend the part of the debates on issues for which their presence has been requested. They do not participate in the vote.


Article 29 more on this article...

The joint consultative commission is seized by the Chair or upon written request signed by at least half the staff representatives of all questions coming within its competence.
It issues its opinions by a majority of the members present.
If a vote is taken, it is held in hands. Abstentions are allowed. However, at the request of one of the members of the commission, voting takes place by secret ballot. In the event of equality of votes, the notice is deemed to have been given or made proposal.
When the competent authority shall take a decision contrary to the opinion or the proposal issued by the commission, the authority shall inform the commission of the reasons which led it to not to follow the opinion or proposal.


Section 30 read more on this article...

The meetings of the Committee are not public.


Article 31 read more on this article...

The joint consultative commission shall sit in plenary Assembly.
A representative of the staff which the case has been submitted for the consideration of the commission may take part in the deliberations of the commission when it is called to rule on his case. It was replaced by an alternate member.


Article 32 more on this article...

All facilities must be provided to the joint consultative committee by the administration to fulfil its responsibilities. In addition, communication must be given to him from all parts and documents necessary for the performance of its tasks eight days at least before the date of the meeting.
A leave of absence is granted to the staff representatives to enable them to participate in the meetings of the commission, on simple presentation of their convening. The duration of this leave is calculated taking into account deadlines, time predictable reunion, and increased by a time equal to the duration to concerned able to ensure the preparation and reporting of the work of the commission, without that time does not exceed two days.
The members of the commission are subject to the obligation of professional secrecy as regards all the facts and documents which they have become aware in this capacity.


Article 33 read more on this article...

The Advisory Board deliberates validly on condition of observing the constitution and operating rules laid down by order, as well as by the rules of procedure.
In addition, three quarters at least of its members must be present at the opening of the meeting. If this quorum is not reached, a call is sent within a period of eight days to the members of the commission, which sits so validly if half of its members are present.


Article 34 more on this article...

In case of difficulty in its operation, the joint consultative committee may be dissolved in the form provided for its constitution after advice of the Ministerial Technical Committee.
It is then proceeded, within the period of two months, the establishment, under the conditions laid down in this order, a new joint consultative committee.


Article 35 learn more on this article...

The members of the joint consultative commission receive no compensation because of their duties in this Committee. They are however compensated for their travel and subsistence expenses in the conditions laid down by Decree No. 2006-781 3 July 2006 referred to above.

Title V provisions Article 36 in the finals read more of this article...

The Decree of 20 March 2006 on the establishment of a joint consultative committee contractual agents of the Ministry of Foreign Affairs is repealed at the end of the mandate of its members.


Article 37 more on this article...

The Director general of administration and the modernization of the Ministry of Foreign Affairs is responsible for the execution of this order, which will be published in the Official Journal of the French Republic.

Is June 13, 2014.
For the Minister and by delegation: the Director general of administration and modernization, Y. Saint-Geours

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