Advanced Search

Order Of June 13, 2014, On The Establishment Of A Joint Consultative Committee Responsible For Contract Staff Of The Ministry Of Foreign Affairs Under The Provisions Of Decree No. 69-546 Of June 2, 1969

Original Language Title: Arrêté du 13 juin 2014 portant création d'une commission consultative paritaire compétente pour les agents contractuels du ministère des affaires étrangères relevant des dispositions du décret n° 69-546 du 2 juin 1969

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Information on this text




JORF n°0151 of 2 July 2014
text No. 11



Judgment of 13 June 2014 establishing a competent parity advisory board for contractual agents of the Ministry of Foreign Affairs under the provisions of Decree No. 69-546 of 2 June 1969

NOR: MAEA1413262A ELI: https://www.legifrance.gouv.fr/eli/arrete/2014/6/13/MAEA1413262A/jo/texte


Minister for Foreign Affairs and International Development,
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. 69-546 of 2 June 1969 Amending the status of contractual agents of the central administration of the Ministry of Foreign Affairs;
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 taken for applicationArticle 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!

  • Part I: ORGANIZATION Article 1 Learn more about this article...


    It is established with the Director General of the Administration and Modernization of the Ministry of Foreign Affairs a competent parity advisory board for contractual agents under the provisions of the decree of 2 June 1969.
    The organization, composition, powers and operation of this commission shall be governed by the provisions of this Order.

  • Part II: COMPOSITION
    • Chapter I: General provisions Article 2 Learn more about this article...


      The parity advisory board referred to in Article 1 consists of an equal number of representatives of the administration and staff representatives. It includes incumbent members and an equal number of alternate members.
      The number of staff representatives is a incumbent member and an alternate member for each group of officers. If a group has less than five officers, the representation of this group is grouped together with that of the immediately superior group.
      In the light of the above, the composition of the appropriate parity advisory board for contractual agents under the decree of 2 June 1969 is set in accordance with the following table:


      GROUPS SUBMITTED
      NUMBER OF REPRESENTATIVES
      Staff
      From the administration
      Holders
      Alternates
      Holders
      Alternates

      Non-category mission officers

      1

      1

      1

      1

      1st category mission officers

      1

      1

      1

      1

      2nd category mission officers

      1

      1

      1

      1

      Mission Secretaries, Deputy Missions

      1

      1

      1

      1

      Article 3 Learn more about this article...


      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 during the electoral cycle, staff representatives shall be elected, 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 18 months.
      However, in the event that the structure of the groups of agents concerned would be altered by the intervention of an organic text, it could be terminated unconditionally for the term of the members of the commission, by order of the Minister for Foreign Affairs.
      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.

      Article 4 Learn more about this article...


      Representatives of the administration, 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, are replaced in the form specified in Article 7 below. The term of office of their successors expires in this case during the renewal of the parity advisory board.

      Article 5 Learn more about this article...


      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;
      - or for one of the reasons provided for in the second paragraph of Article 11;
      - or for any other cause to cease the functions for which they were appointed.


      The term of office of the alternates ends at the same time as that of the other members of the Commission.

      Article 6 Learn more about this article...


      The replacement of staff representatives who are unable to perform their duties, for one of the reasons listed in section 5 above, is made under the following conditions.
      When a incumbent representative is unable to perform his or her duties, he or she is replaced by the first alternate in the order of the list under which he or she was elected.
      When an alternate representative is unable to perform his or her duties, he or she is replaced by the first unelected candidate remaining from the same list.
      Where a list is unable to provide, under the conditions set out in the two preceding paragraphs, to the seats of the incumbent members or alternate members to whom it is entitled, the trade union organization having submitted the list shall designate its representative from among the non-commissioned officers, eligible at the time of designation, for the duration of the remaining term.

    • Chapter II: Designation of Administrative Representatives Article 7 Learn more about this article...


      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 Ministry of Foreign Affairs of a category A or assimilated body, including the official to serve as Chair of the commission.
      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 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.

    • Chapter III: Designation of staff representatives Article 8 Learn more about this article...


      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.

      Article 9 Learn more about this article...


      Be electors, under the parity advisory board established by this Order, the contractual agents of the Ministry of Foreign Affairs in the position of activity or paid leave or parental leave governed by the Order decree of 2 June 1969.

      Article 10 Learn more about this article...


      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.

      Article 11 Learn more about this article...


      All contractual agents of the Department of Foreign Affairs eligible for registration are eligible for registration.
      However, they cannot be elected:


      - 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.

      Article 12 Learn more about this article...


      Each list must include as many names as there are to be filled, incumbents and alternates, for a given group, without mentioning each of the candidates of the title of holder and alternate. The same candidate cannot be submitted by several lists.
      The lists 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. Lists may be common to several trade union organizations. Each list must include the name of a list delegate, candidate or not, designated by the trade union organization to represent the list in all electoral operations. The organization may designate an alternate delegate.
      The filing of each list must be accompanied by a declaration of application signed by each candidate. The deposit is subject to a receipt given to the list delegate.
      When the administration finds that the list does not meet the conditions set by theArticle 9 bis of the Act of 13 July 1983 referred to above, it gives the list delegate a reasoned decision declaring the list's irrelevability. This decision shall be delivered no later than the day after the deadline for the submission of nominations

      Article 13 Learn more about this article...


      No list may be filed modified or withdrawn after the deadline for section 12.
      However, if, within three days of the deadline for filing the lists, one or more candidates on a list are recognized as ineligible, the administration shall promptly inform the list delegate. It may then transmit, within three days of the expiry of the three-day period referred to above, the necessary corrections.
      If no correction is made, if one or more candidates on a list are recognized as ineligible, the list concerned is considered to have not submitted any candidates for the category(s).
      However, if the fact of ineligibility occurred after the deadline for the filing of the lists, the failed candidate may be replaced without changing the date of the elections.
      The lists 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 voting

      Article 14 Learn more about this article...


      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 lists, of a union of national character.
      The ballots and envelopes are given to the president of the voting section, at least equal, for each list, to the number of electors registered on the list of electors. They are transmitted by the administration to the agents on the list of electors.

      Article 15 Learn more about this article...


      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 list in attendance.
      The voting section includes a chair and secretary and, where appropriate, a delegate from each list in attendance.

      Article 16 Learn more about this article...


      Electoral operations are conducted publicly in the workplace and during hours of service.
      The vote is held by secret ballot and under envelope.
      Electors can only vote for an entire list, without delisting or adding names and without changing the order of candidates. Any bulletin established in ignorance of any of these conditions shall be void.
      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.

      Article 17 Learn more about this article...


      The polling station notes the total number of votes and determines the total number of valid votes cast and the number of votes obtained by each list.
      It also determines the electoral quota by dividing the total number of valid votes cast by the number of incumbent representatives to be elected for all the personnel concerned.

      Article 18 Learn more about this article...


      Staff representatives within the Joint Advisory Committee shall be elected by a list vote with proportional representation. The designation of the incumbent members shall be as follows:
      Each list 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 case where lists have the same average, the seat is assigned to the list that collected the largest number of votes. In the event of an equal number of votes, the seat is assigned to the list that has presented the largest number of candidates. If several of the lists obtained the same number of votes and presented the same number of candidates, the seat is assigned to one of them by drawing lots.
      The incumbent representatives are designated in the order of presentation of the list. Each list and each group shall be assigned a number of seats of alternate representatives equal to that of the incumbent representatives.
      Alternate representatives are designated according to the order of presentation of the list, after designation of the incumbent representatives.
      In the event that no list presents candidates on the occasion of the election, staff representatives shall be designated by lot as officers eligible for the commission. If the officers who are drawn by lot refuse their designation, the seats left vacant are allocated to representatives of the administration.

      Article 19 Learn more about this article...


      A record of electoral operations shall be prepared by the polling station and immediately transmitted to the Minister for Foreign Affairs and to the persons authorized to represent the lists of candidates under the conditions laid down in section 12.

      Rule 20 Learn more about this article...


      When a common list has been drawn up by trade union organizations, the distribution of votes cast is made on the basis indicated and made public by the trade union organizations concerned at the time of filing their list. In the absence of an indication, the distribution of votes is equal among the organizations concerned. This distribution is indicated on the lists displayed in the locations intended for this purpose.

      Article 21 Learn more about this article...


      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.

  • Part III: ATTRIBUTIONS Article 22 Learn more about this article...


    The parity advisory board is obligatoryly consulted on disciplinary sanctions other than warning and blame, on individual decisions relating to dismissals, on group change, reduction or increase of the average duration in a step, promotions and promotions, changes involving change of residence and decisions refusing the benefit of a trade union training leave.
    It shall, at the request of the agent concerned, make decisions denying permission to perform a part-time service, individual disputes relating to the conditions for the period 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 opportunity for
    It is also seized, at the request of the interested officer, of the challenges relating to its assessment.
    It may finally be seized, under the conditions provided for in article 28 of this Order, of any individual matters relating to contractual agents within its jurisdiction.

    Article 23 Learn more about this article...


    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.

  • Part IV: FUNCTIONING Article 24 Learn more about this article...


    The Joint Advisory Committee is chaired by the Director General of Administration and Modernization.
    The president is, in the event of an incapacity, replaced by the oldest administrative representative in the higher hierarchical employment. Reference is made to the minutes of the meeting.

    Rule 25 Learn more about this article...


    The Commission shall develop its rules of procedure in accordance with the standard rules established for the parity administrative commissions. This regulation is 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.

    Rule 26 Learn more about this article...


    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.

    Rule 27 Learn more about this article...


    Alternates may attend the meetings of the Committee without being able to participate in the debates or the vote. 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.

    Rule 28 Learn more about this article...


    The Advisory Committee shall have before it by its Chairperson or upon written request signed by at least half of the staff representatives of all matters within its competence.
    It shall issue its opinion 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.

    Rule 29 Learn more about this article...


    Committee meetings are not public.

    Rule 30 Learn more about this article...


    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.

    Rule 31 Learn more about this article...


    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 documents and documents necessary to carry out its mission 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 ensure the preparation and reporting of the work of the Commission, within 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.

    Rule 32 Learn more about this article...


    The commission shall only deliberate validly, provided that it observes the rules of constitution and operation enacted by this Order and by the rules of procedure.
    In addition, at least three quarters of the 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.

    Rule 33 Learn more about this article...


    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.

    Rule 34 Learn more about this article...


    Members of the parity advisory board do not receive compensation as a result of their duties in the 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.

  • Part V: FINAL PROVISIONS Rule 35 Learn more about this article...


    The decision of 1 March 2002 establishing a competent parity advisory board for contract agents of the central administration is repealed after the term of office of its members.

    Rule 36 Learn more about this article...


    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


Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.28 Mo) Download the document in RDF (format: rdf, weight < 1 MB)