Key Benefits:
Minister for Foreign Affairs and International Development,
Vu la Act No. 72-659 of 13 July 1972 amended on international technical expertise;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu la Act No. 2010-751 of 5 July 2010 amended to renovate the social dialogue and to include various provisions relating to the public service;
Vu le Decree No. 69-697 of 18 June 1969 amended to establish the status of contracting agents of the State and public institutions of the State with an administrative character, French nationality, in service abroad;
Vu le Decree No. 76-832 of 24 August 1976 amended on the financial organization of certain cultural dissemination institutions or organizations dependent on the Ministry of Foreign Affairs and the Ministry of Cooperation;
Vu le Decree No. 86-83 of 17 January 1986 amended to apply the general provisions applicable to non-State agents for the application of theArticle 7 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State;
Vu le Decree No. 2006-781 of 3 July 2006 Amending the terms and conditions for the payment of costs incurred by the temporary movement of civil personnel of the State;
Based on the advice of the Departmental Technical Committee of the Department of Foreign Affairs dated 6 November 2013,
Stop it!
It is established with the Director General of the Administration and Modernization of the Ministry of Foreign Affairs a competent parity advisory board with respect to contract agents of public law of the Ministry of Foreign Affairs, with the exception of officers under the Ministry of Foreign Affairs Decree No. 69-546 of 2 June 1969 establishing the status of contractual agents of the central administration of the Ministry of Foreign Affairs.
The organization, composition, powers and operation of this commission shall be governed by the provisions of this Order.
The parity advisory board referred to in Article 1 shall include:
- five administrative representatives, including the chair of the commission, and an equal number of alternates;
- five staff representatives and an equal number of alternates.
Members of the parity advisory board shall be appointed for a period of four years. Their mandate can be renewed. However, when the commission is renewed in the course of the electoral cycle, staff representatives shall be appointed, under the conditions established by this order, for the remainder of the term to be carried out before the general renewal.
In the interest of the service, the term of office of the parity advisory board may be exceptionally reduced or extended by joint order of the Minister for Foreign Affairs and the Minister for Public Service. This reduction or extension may not exceed a period of 10 months.
Upon the renewal of the parity advisory board, the new members shall be appointed on the date on which the term of office of the members to whom they succeed shall be terminated pursuant to the preceding provisions.
Representatives of the incumbent or alternate members of the parity advisory board who, in the course of their term of office, cease the functions for which they were appointed shall be replaced in the form specified in Article 6 below. The term of office of their successors expires in this case during the renewal of the parity advisory board.
The replacement of staff representatives, incumbent or alternate members of the Commission, who are unable to carry out their mandate, shall be as follows:
- end of contract;
- resigning;
- unpaid leave for family or personal reasons;
- severe sick leave;
- for one of the reasons provided for in the second paragraph of Article 10; or
- for any other cause to cease the functions for which they were appointed.
The staff representative who is unable to exercise his or her mandate shall be replaced as provided for in sections 18 to 21.
The term of office of the alternates ends at the same time as that of the other members of the Commission.
Representatives of the administration, holders and alternates, within the parity advisory board shall be appointed by order of the Minister of Foreign Affairs within fifteen days of the proclamation of the results of the elections provided for in sections 16 to 21 of this Order.
They are selected from officials of the Department of Foreign Affairs in a category A or assimilated body.
For the designation of its representatives, the administration must respect a minimum proportion of one third of persons of each sex. This proportion is calculated on all members representing the administration, licensees and alternates.
The incumbent civil servant is not required by the representatives of the administration occupying jobs for which the appointment is left to the Government's decision pursuant to section 25 of the Act of 11 January 1984 referred to above.
The elections scheduled for this Order shall be held on an official basis.
The date of the elections for the renewal of the parity advisory commission is that of the elections for the renewal of the administrative commissions as defined in theArticle 11 of Decree No. 82-451 of 28 May 1982 Amended on the Joint Administrative Committees.
Be electors, under the parity advisory board established by this Order, the contract agents of public law of the Ministry of Foreign Affairs in a position of activity or paid leave or parental leave, with the exception of agents under the authority of the Ministry of Foreign Affairs Decree No. 69-546 of 2 June 1969 establishing the status of contractual agents of the central administration of the Ministry of Foreign Affairs. They must justify an indeterminate contract or a contract of a minimum of six months or a contract that has been renewed successively for at least six months, which is ongoing on the date of the election, and have been performing their duties without interruption for at least two months on the date of the election.
For the performance of electoral operations, electors may be divided into voting sections created by the authority mentioned in section 1.
The list of electors is stopped by the Minister for Foreign Affairs. The quality of electors is appreciated on polling day. It is posted in the services of the central administration, in diplomatic missions, in consular posts and in institutions governed by the provisions of the Decree of 24 August 1976at least one month before the date of the vote.
Within eight days of the publication, electors can verify registrations and, where applicable, submit applications for registration. Within the same period, and for three days after its expiry, claims may be made against registrations or omissions on the list of electors.
The Minister of Foreign Affairs shall promptly decide on the claims.
No change is then allowed unless a subsequent event and taking effect no later than the day before the election results, for an officer, the acquisition or loss of the elector's quality.
In this case, the registration or delisting is pronounced no later than the day before the election, either at the initiative of the administration or at the request of the interested party, and immediately notified to the staff by posting.
Members of the commission may be designated as eligible officers to be registered on the list of electors.
However, they cannot be designated:
- contractual agents on severe sick leave,
- those who are incapacitated by the articles L. 5 and L. 6 the electoral code,
- those who have been struck by a temporary exclusion of functions under theArticle 43-2 (3°) of Decree No. 86-83 of 17 January 1986 referred to aboveunless they have been amnestied or have been granted a decision accepting their application that no evidence of the sanction imposed remains on their file.
Nominations must be filed at least six weeks before the date fixed for the elections by the trade union organizations which, in the public service of the State, meet the conditions fixed to the electionsArticle 9 bis of Act No. 83-634 of 13 July 1983 the rights and obligations of civil servants. Nominations may be common to several trade union organizations. Each act of application shall be the name of a delegate, entitled to represent the candidate union organization in all electoral operations. The organization may designate an alternate delegate.
The act of application is accompanied by a model of the ballot drawn up according to the model provided by the administration and, if applicable, a profession of faith in A4 format (recto verso) made at their expense by the trade union organizations. The deposit is subject to a receipt given to the delegate representing the candidate organization.
When the administration finds that the application does not meet the conditions set out in this section, it shall give the delegate a reasoned decision stating that the application is inadmissible. This decision is made no later than the day after the deadline for submission of applications and is notified without delay.
No application may be filed, amended or withdrawn after the deadline for section 11.
Nominations established under the conditions set out in this Order shall be posted as soon as possible to the central administration of the Ministry of Foreign Affairs, diplomatic missions, consular posts and institutions governed by the provisions of the Decree of 24 August 1976at least one month before the date of the vote.
When, on the deadline for submission of applications, no applications have been filed, the procedure provided for in Article 18.
When several trade union organizations affiliated with the same union of civil servants have filed competing applications for the same election, the administration shall notify, within three days of the deadline for filing applications, the delegates of each of the candidate trade union organizations. They then have a period of three days to make the necessary changes or withdrawals of applications.
If, after the expiry of the latter period, these amendments or withdrawals have not taken place, the administration shall inform within three days the union of unions whose union organizations are candidates. It then has a five-day time limit to indicate to the administration, by registered letter with a request for notice of receipt, the application that may avail itself of membership in the union for the purposes of this Order.
In the absence of this indication, trade union organizations that have filed the nominations in question cannot benefit from the 2° of Article 9 bis of Law No. 83-634 of 13 July 1983 bearing the rights and obligations of public servants and may not avail themselves of membership in a union for the purposes of the second paragraph of Article 14 of this Order.
Where the admissibility of one of the applications is not recognized by the administration, the procedure described above shall be implemented within three days from the notification of the judgment of the administrative tribunal when the administrative tribunal is seized with a challenge to the decision of the administration, in accordance with the provisions of the last paragraph of Article 9 bis of Law No. 83-634 of 13 July 1983 referred to above.
The ballots and envelopes are prepared at the expense of the administration, according to a model provided by the administration.
On the ballot, mention is made of the possible membership of the trade union organization, on the date of the filing of the application, of a union of national character.
The ballots and envelopes are given to the president of the polling division in at least equal numbers, for each nomination, to the number of electors on the list of electors. They are transmitted by the administration to the agents on the list of electors.
A polling station is established for each election. It proceeds to count the ballot. At the end of the count and without delay, the voting office proceeds to the proclamation of the results.
In the event of the counting of the ballot, the ballot shall be implemented, except in particular circumstances, within a period not exceeding three working days from the date of the election.
The polling station includes a president and secretary appointed by the Minister of Foreign Affairs and a delegate from each candidate union organization.
The voting section includes a president and secretary and, where applicable, a delegate from each candidate union organization.
Electoral operations are conducted publicly in the workplace and during hours of service.
The vote is held by secret ballot and under envelope.
The vote may be taken by correspondence under the terms and conditions established by the Ministry of Foreign Affairs circular. The envelopes sent, at the administrative expense, by the electors must arrive at the polling station before the polling time is closed.
Electronic voting may be used in the same manner as in the elections to the parity administrative commissions.
The polling station notes the total number of voters and determines the total number of valid votes cast and the number of votes obtained by each trade union organization.
It also determines the electoral quota by dividing the total number of valid votes cast by the number of incumbent representatives to be nominated for all the personnel concerned.
The distribution of the seats of staff representatives within the parity advisory board is carried out according to the proportional rule.
Each trade union organization is entitled to as many seats as incumbent representatives as the number of votes collected by it contains the electoral quota. The seats of any incumbent representatives remaining to be filled are allocated according to the highest average rule.
In the event that, for the assignment of a seat, two trade union organizations have the same average and that there is only one seat to be filled, the seat is allocated to the organization that collected 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 drawing lots.
Each trade union organization shall be assigned a number of seats of alternate representatives equal to that of the incumbent representatives designated under that organization.
In the event that no nominations are filed on the occasion of the election, staff representatives are appointed by lot to the electorate. If the officers who are drawn by lot refuse their designation, the seats left vacant are allocated to representatives of the administration.
A record of the electoral operations is prepared by the polling station and immediately transmitted to the Minister for Foreign Affairs and to the persons authorized to represent the candidate trade union organizations under the conditions provided for in Article 11.
When a joint act of candidacy has been established by trade union organizations, the distribution of votes cast shall be made on the basis indicated and made public by the trade union organizations concerned at the time of their application. In the absence of an indication, the distribution of votes is equal among the organizations concerned. This distribution is mentioned on the nominations posted in the locations for this purpose.
Within fifteen days of the announcement of the results of the staff consultation, each trade union organization shall notify the Minister of Foreign Affairs of the names of the representatives, holders and alternates appointed by the Minister to occupy the seats allocated to him.
Disputes on the validity of electoral transactions shall be brought within five days of the proclamation of the results to the Minister for Foreign Affairs and, where appropriate, to the administrative jurisdiction.
The parity advisory board is obligatoryly consulted on disciplinary sanctions other than warning and blame, on individual decisions relating to terminations acting after the trial period and on decisions denying the benefit of trade union leave. It is not competent to hear termination decisions at the request of the foreign State in whose territory the agent is assigned.
It shall, at the request of the agent concerned, make decisions denying the authorization to perform part-time service, individual disputes relating to the conditions for the exercise of part-time, decisions denying authorizations of absence to follow an action for the preparation of an administrative contest or a continuous training action, decisions refusing to leave without pay for family or personal reasons, where the regulation provides the possibility of the approval of the agent for the purpose of
It is also seized, at the request of the interested officer, of the challenges relating to its assessment.
The Commission is informed of the recruitment of contractual agents and the renewal of contracts since its last meeting.
It may finally be seized, under the conditions provided for in Article 29, of any individual matters relating to contractual agents within its jurisdiction.
When the commission is asked to decide on a termination for professional inadequacy or for disciplinary reasons, it ensures that the contracting agent concerned has been made aware of his case before the meeting, that he was informed of the possibility of being heard by the commission, being assisted or represented by a defender of his choice and requesting the hearing of witnesses.
Even if the interested party did not use any possibilities offered to him or if he did not refer to the summons that was sent to him to appear before the commission, the commission shall sit validly.
The Joint Advisory Committee is chaired by the Director General of Administration and Modernization.
In the event of an incapacity, the President shall be replaced by one of the representatives of the administration serving on the parity advisory board. Reference is made to the minutes of the meeting.
The Advisory Committee shall develop its rules of procedure in accordance with the standard rules established for the parity administrative commissions. These rules of procedure are subject to approval by the Minister of Foreign Affairs.
The secretariat is provided by a representative of the administration who may not be a member of the commission.
A staff representative shall be appointed by the Commission within the Commission to serve as Deputy Secretary.
A report is prepared after each session. It is signed by the president and countersigned by the secretary and deputy secretary, and transmitted within one month to the members of the commission. This Minute is subject to the approval of the members of the Commission at the next sitting.
The Joint Advisory Committee shall meet at least twice a year, at the convocation of its Chairman. It also meets within a maximum of two months, upon written request of at least half of the staff representatives.
Alternate persons may attend the meetings of the Committee without participation in the proceedings. They only have a deliberate voice in the absence of the incumbents they replace.
The Chair of the Commission may convene experts at the request of the administration or at the request of staff representatives to be heard on a agenda item.
Experts can only attend part of the discussions on the issues for which their presence was requested. They're not voting.
The Joint Advisory Committee shall be seized by its Chairperson or upon written request signed by at least half of the staff representatives of all matters within its competence.
It issues its views to the majority of the members present.
If a vote is taken, the vote shall be taken by hand. Agreed. However, at the request of one of the members holding the commission, the vote shall be held by secret ballot. In the event of a vote sharing, the notice is deemed to have been given or the proposal made.
Where the competent authority makes a decision contrary to the notice or proposal issued by the Commission, the authority shall inform the Commission of the reasons that led to the decision not to follow the notice or proposal.
Committee meetings are not public.
The parity advisory committee sits in plenary.
A staff representative whose case is subject to the review of the Board may not participate in the deliberations of the Board when the Board is required to decide on its case. It is then replaced by an alternate member.
All facilities must be provided to the parity advisory board by the administration to enable it to fulfill its responsibilities. In addition, the communication must be given to it of all necessary documents and documents to carry out its missions at least eight days before the date of the session.
A leave of absence is granted to staff representatives to allow them to attend the meetings of the commission, on a simple presentation of their convocation. The duration of this authorization shall be calculated taking into account the time limits, the expected duration of the meeting, and increased by a time equal to that time in order to enable the persons concerned to ensure the preparation and reporting of the work of the commission, without the time being able to exceed two days.
Members of the commission are subject to the obligation of professional discretion with respect to all facts and documents that they have been aware of in this capacity.
The advisory commission shall deliberate only on the condition that it observe the rules of procedure and procedure established by this Order, as well as by the rules of procedure.
In addition, at least three quarters of its members must be present at the opening of the meeting. When this quorum is not reached, a new summons is sent within eight days to the members of the commission, who then sits validly if half of its members are present.
In the event of difficulty in its operation, the parity advisory board may be dissolved in the form provided for in its constitution after advice from the ministerial technical committee.
It shall then be carried out, within two months, to establish, under the conditions established by this Order, a new parity advisory board.
Members of the parity advisory board do not receive any compensation as a result of their duties in that commission. However, they are compensated for their travel and living expenses under the conditions fixed by the Decree No. 2006-781 of 3 July 2006.
The Order of 20 March 2006 establishing a competent parity advisory board with respect to contract agents of the Ministry of Foreign Affairs is repealed following the terms of reference of its members.
The Director General of Administration and 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.
Done on 13 June 2014.
For the Minister and by delegation:
The Director General of Administration and Modernization,
Y. Saint-Geours
