JORF n ° 0151 July 2, 2014 text no. 11 order of June 13, 2014, on the establishment of a joint consultative committee responsible for contract from the Ministry of Foreign Affairs staff falling under the provisions of Decree No. 69-546 of June 2, 1969 NOR: MAEA1413262A ELI: https://www.legifrance.gouv.fr/eli/arrete/2014/6/13/MAEA1413262A/jo/texte the Minister of Foreign Affairs and international development Pursuant to Act 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;
Mindful of Decree No. 69-546 of June 2, 1969 amended establishing the status of contract staff of the central administration of the Ministry of Foreign Affairs;
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 purposes of section 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 competent joint consultative commission for contract agents falling under the provisions of the Decree of June 2, 1969, referred to above.
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 is composed of an equal number of representatives of the administration and staff representatives. It includes full members and an equal number of alternate members.
The number of staff representatives is a member and an alternate for each group of agents. If a group has less than five officers, the representation of this group is combined with that of the next higher group.
In light of the foregoing, the composition of the joint consultative committee responsible for contract agents under the Decree of June 2, 1969, referred to above shall be in accordance with the following table: groups represented number of representatives of the administration staff holders alternates holders alternates mission hors Catégorie 1 1 1 1 loads loads of mission of 1st category 1 1 1 1 1 1 1 1 Secretaries of mission mission of 2nd category loads Assistant 1 1 1 1 Mission 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 elected, 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.
However, where the structure of the groups of agents involved would be amended by the intervention of an organic text, it could be terminated irrespective of length to the mandate of the members of the commission, by order of the Minister of Foreign Affairs.
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 of the advisory commission paritaire, coming, while in office, to cease functions due to which they have been appointed, are replaced in the form indicated in article 7 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;
-from leave without pay reason family or personal;
-to leave serious illness;
-or for any of the grounds provided for in the second paragraph of article 11;
-or for any other cause to stop the functions for which they have been appointed.
The mandate of alternates shall expire at the same time as that of the other members of the commission.
Article 6 read more on this article...
The replacement of the representatives of the staff unable to perform their duties, for any of the grounds listed in section 5 above, occurs under the following conditions.
When a licensed representative is unable to perform his duties, he was replaced by the first alternate in the order of the list in respect of which he was elected.
When an alternate representative is unable to perform his duties, he was replaced by the first candidate not elected remaining of the list.
When a list is unable to provide, under the conditions provided for in the two preceding paragraphs, in the seats of members or alternate members to which it is entitled, the trade union organization having presented the list designates its representative among the non-incumbent officials of the commission, eligible at the time where is the designation for the duration of the term.
Chapter II: Appointment of representatives of the administration section 7 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 selected from among officials of the Ministry of Foreign Affairs belonging to a body classified in category A or assimilated and including the official called to exercise the Presidency of the commission.
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 law of 11 January 1984.
Chapter III: Appointment of representatives of staff Article 8 in more on this article...
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 9 read more on this article...
Are voters, the title of the joint consultative commission established by this order, contract agents of the Ministry of Foreign Affairs in active or paid leave or parental leave governed by Decree of June 2, 1969, referred to above.
Article 10 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 during 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 11 read more on this article...
Are eligible all contract staff of the Ministry of Foreign Affairs eligible to be registered on the electoral list.
However may not be elected:-contractual agents in serious sick leave;
-those who are struck with one of the disabilities imposed by articles L. 5 and L. 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 12 read more on this article...
Each list must contain as many names there are vacancies, and alternates, for a given group, without that there is mention for each of the candidates of the quality of holder and alternate. A same candidate may not be presented by several lists.
The lists must be submitted 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. Lists can be common to several trade union organizations. Each list must include the name of a delegate's list, candidate or not, designated by the trade union organization to represent the list in all electoral operations. The organization may designate a substitute delegate.
Furthermore, the filing of each list must be accompanied by a statement of candidacy signed by each candidate. The deposit is under a receipt delivered to the delegate list.
Where the authority finds that the list does not meet the conditions laid down in article 9 bis of the Act of 13 July 1983, submits to the delegate list a reasoned decision declaring inadmissible the list. This decision must be given no later than the day following the deadline for submission of the lists of candidates Article 13 read more on this article...
No list can only be filed amended or withdrawn after the date limit laid down in article 12.
However, if, within a period of three days following the deadline for submission of lists, one or more candidates on a list are recognized ineligible, the authority shall inform without delay the delegate list. This can then transmit, within a period of three days from the expiry of the above-mentioned period of three days, the necessary corrections.
Failing rectification, if one or more candidates on a list are recognized ineligible, the interested list is considered as having submitted no candidate for the corresponding categories.
However, if the fact motivating the ineligibility is reached after the date limit laid down for submission of lists, the failed candidate can be replaced without having amended the date of the elections.
The lists set out in 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 Article 14 in elections 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 lists to a union of unions to national character.
The ballots and envelopes are delivered to the president of the section of vote, in numbers at least, for each list, number of voters registered on the voters 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.
The poll includes a president and a Secretary appointed by the Foreign Minister and a delegate of each list in the presence.
The polling division consists of a president and a Secretary so that, where appropriate, a delegate from each list in the presence.
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.
Electors may vote for an entire list, without cancellation or addition of names and without changing the order of presentation of the candidates. Is no any bulletin prepared in breach of any of these conditions.
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 list.
It also determines the electoral quotient by dividing the total number of votes validly cast by the number of representatives to be elected to all concerned staff.
Article 18 read more on this article...
The staff within the joint consultative commission representatives are elected list with proportional representation. The designation of the members is carried out as follows: each list is entitled to as many seats of representatives than the number of votes cast for it contains times the electoral quotient. The seats of representatives remaining possibly fill are given the highest-average rule.
Where lists have the same mean, seat is assigned to the list that received the largest number of votes. In the event of equality of votes, the seat is attributed to the list that presented the largest number of candidates. If several lists have obtained the same number of votes and were presented the same number of candidates, the seat is assigned to one of them by way of drawing lots.
The incumbent representatives are appointed in the order of presentation of the list. It is awarded for each group and each list a number of alternate representatives seats equal to that of the incumbent representatives.
Alternate representatives are designated according to the order of presentation of the list, after appointment of the incumbent representatives.
Where no list displays of candidates during the election, 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 process is established relation to vote and immediately transmitted to the Minister for Foreign Affairs as well as the persons empowered to represent lists of candidates under the conditions laid down in article 12.
Article 20 more on this article...
When a common list was established 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 upon the filing of their list. Unless, the distribution of the vote is divided equally between the organizations concerned. This distribution is mentioned in the lists displayed in the slots provided for this purpose.
Section 21 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 22 in more on this article...
The joint consultative commission is obligatorily consulted on disciplinary sanctions other than the warning and the blame on individual decisions relating to redundancies, on change of group, reduction or increase in the average duration in a level, promotions and advancements, changes with change of residence and on the decisions refusing the benefit of trade union training leave.
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.
Finally, it can be captured, in the conditions laid down in article 28 of this order, of any individual questions concerning contract agents within its jurisdiction.
Section 23 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 24 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 the oldest representative of the administration in the hierarchically highest employment. There is mention in the minutes of the meeting.
Article 25 more on this article...
The commission shall draw up its rules of procedure according to the established regulations for the joint administrative commissions. This regulation 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 Assistant 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 26 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 27 more on this article...
Alternates may attend the meetings of the Committee without being able to take part in debates or vote. 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 28 more on this article...
The Advisory Committee had by its Chairman or upon written request signed by at least half the staff representatives of all questions coming within its competence.
It issues its opinion to the 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.
Article 29 more on this article...
The meetings of the Committee are not public.
Section 30 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 31 read 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 accomplishment of its mission 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, within the limit of 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 32 more on this article...
The commission shall validly deliberate only provided that they observe the constitution and operating rules laid down by this by-law and the rules of procedure.
In addition, three quarters at least of the members must be present at the opening of the meeting. If this quorum is not reached, a call is sent within eight days to the members of the commission, which sits so validly if half of its members are present.
Article 33 read 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 34 more on this article...
The members of the joint consultative commission receive no compensation because of their duties in the commission. 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 35 in the finals read more of this article...
The Decree of 1 March 2002 on the establishment of a joint consultative committee responsible for contract staff of the central administration is repealed at the end of the mandate of its members.
Article 36 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