Key Benefits:
Publics concerned: officers of the National Institute of Geographical and Forest Information (IGN) whose activity may require a particular work organization.
Subject: conditions for derogation from minimum working and rest guarantees in certain special working situations.
Entry into force: the text comes into force on the day after publication.
Notice: the specific tasks of the IGN need to establish, in certain special situations, appropriate working organizations.
This decree regulates the perimeter of exemptions to minimum working and rest guarantees that may be applied to certain agents of the IGN.
These exemptions can be implemented within the framework of a scheduled work organization as long as the activities involved require continuity of service. They can also be put in place as part of an organized random intervention device to ensure continuity of service, especially during periods of stay.
References: the provisions of this Decree are available on the Legifrance website (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Ecology, Sustainable Development and Energy and the Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Having regard to Directive 2003/88/EC of the European Parliament and the Council of 4 November 2003 on certain aspects of working time development;
Vu le Decree No. 2000-815 of 25 August 2000 amended on the development and reduction of working time in the public service of the State and in the judiciary, including its article 3;
Considering the advice of the Technical Committee of the National Institute of Geographical and Forest Information of 18 March 2013;
Having regard to the opinion of the Supreme Council of the State Civil Service of 29 November 2013;
The State Council (Section of Administration) heard,
Decrete:
For activities carried out according to a scheduled work organization, intended to ensure continuity of service and whose schedules are pre-determined at the level of each service, it may be derogated from the minimum guarantees of working and rest fixed at the level of each service. I of Article 3 of the decree of 25 August 2000 referred to above under the conditions mentioned in articles 2 to 4 of this decree.
For the custody or monitoring of the infrastructure of the National Institute of Geographical and Forest Information, the daily working time can be up to 12 hours and the maximum working day amplitude can be up to 13 hours.
The day-to-day working time can be up to twelve hours, the maximum amplitude of the working day can be up to fifteen hours and the continuous daily rest can be reduced to nine hours to:
(a) Custody or monitoring of temporary external construction sites, taking into account the nature of the activities carried out therein;
(b) Work to be carried out within a specified time frame due to their nature, including monitoring of measuring devices;
(c) Air shots.
In contrast to the hardships imposed on them, officers who carry out the activities referred to in Articles 2 and 3 shall, in addition to the breaks provided for in thearticle 3 of the decree of 25 August 2000 referred to above, pauses of at least forty-five minutes for meals, arranged within the working day. The hours worked by these officers in excess of an effective working time of ten hours are increased to 25 per cent and are compensated in the form of a rest. They also benefit, where appropriate, from the financial compensation scheme that applies to them.
Random intervention is an action intended to meet specific meteorological conditions or an uncertain or unpredictable event, which requires immediate action to ensure continuity of service or protection of persons and goods.
Random interventions, especially during periods of stay, may result in derogations from the minimum guarantees, as provided for in the I of Article 3 of the decree of 25 August 2000 referred to abovein the conditions set out in articles 6 and 7 of this decree.
In the case of random interventions, the minimum daily rest of eleven hours can be interrupted or reduced.
If, within twenty-four hours of scheduled service, an officer has only received a continuous daily rest less than or equal to seven hours due to one or more random interventions, the officer is placed on rest for a period of eleven consecutive hours, after the last of these interventions. The following service is deferred accordingly.
When in the same week and if he did not benefit from the compensation provided in the second paragraph, an officer is obliged to reduce for the second time his continuous daily rest within nine hours, he is placed on rest, after his last intervention, for a period of eleven consecutive hours. The following service is deferred accordingly.
If the duration of random interventions in the same period between 22 hours and 7 hours is greater than four hours and if the officer has not received a continuous daily rest of eleven hours, the officer is also placed on rest after his last intervention for a period of eleven consecutive hours. The following service is deferred accordingly.
In the case of random interventions, the minimum weekly rest can be interrupted or reduced.
When continuous weekly rest is less than twenty-four hours as a result of an intervention, the officer is placed on rest after the intervention, for a further period of thirty-five consecutive hours.
The Minister of Ecology, Sustainable Development and Energy, the Minister of Finance and Public Accounts, the Minister of Decentralization and the Public Service, the Minister of Agriculture, Agri-Food and Forestry, spokesperson for the Government, and the Secretary of State responsible for the budget are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 22 August 2014.
Manuel Valls
By the Prime Minister:
Minister of Ecology, Sustainable Development and Energy,
Royal
Minister of Finance and Public Accounts,
Michel Sapin
Minister of Decentralization and Public Service,
Marylise Lebranchu
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
Stéphane Le Foll
The Secretary of State in charge of the budget,
Christian Eckert
