Advanced Search

Decree No. 2014 - 1624 Of 24 December 2014 Relating To The Exercise Of Trade Union Rights In The Territorial Public Function

Original Language Title: Décret n° 2014-1624 du 24 décembre 2014 relatif à l'exercice du droit syndical dans la fonction publique territoriale

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Learn more about this text...

Information on this text

Keywords

DECENTRALISATION , TERRITORIAL PUBLIC FUNCTION , PERSONNEL , SYNDICAL ORGANIZATION , EXERCISE OF SYNDICAL LAW , SYNDICAL REPRESENTANT , SYNDICAL AUTHORIZATION , ASA , CREDIT D'HEURES SYNDICALES , DECHARGE DE SERVICE ,


JORF n°0299 of 27 December 2014
text No. 94



Decree No. 2014-1624 of 24 December 2014 on the exercise of the right to organize in the territorial public service

NOR: RDFB1421416D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/12/24/RDFB1421416D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2014/12/24/2014-1624/jo/texte


Public concerned: trade union organizations and officials of the territorial public service.
Subject: conditions for the exercise of the right to organize in the territorial public service.
Entry into force: the text comes into force on the day after publication.
Notice: the decree establishes a trade union time credit, which includes two quotas: one is granted in the form of absence authorizations for local participation in congresses or statutory meetings of governing bodies of trade union organizations; the other consists of a monthly credit of duty discharge hours.
The decree also supplements the rules relating to trade union premises and trade union meetings. It includes the possibility of special information meetings during the periods preceding the day of an organized ballot to renew one or more consultative bodies. It extends the right to special leave of absence to attend meetings of the working groups convened by the administration.
In addition, the decree redefines the criteria for appreciating the representativeness of trade union organizations, which are now based on the results of elections to the technical committees.
In addition, the provisions relating to the provision to a trade union organization, as set out in the Decree of 23 April 1985, are consolidated in the amended Decree of 3 April 1985 on the exercise of the right to organize in the territorial public service.
Finally, the decree simplifies the allocation of leave for trade union training for officials of the territorial public service.
References: the text amended by this decree can be consulted, in its drafting, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Interior and the Minister of Decentralization and Public Service,
Considering the general code of territorial authorities, including articles L. 1613-5 and R. 1613-2;
In light of amended Act No. 83-634 of 13 July 1983 on the rights and obligations of civil servants, together with amended Act No. 84-53 of 26 January 1984 on statutory provisions relating to the territorial civil service;
Having regard to amended Decree No. 85-397 of 3 April 1985 on the exercise of the right to organize in the territorial public service;
Having regard to the amended Decree No. 85-552 of 22 May 1985 on the allocation of trade union leave to officials of the territorial public service;
Having regard to amended Decree No. 85-565 of 30 May 1985 on the technical committees of the territorial authorities and their public institutions;
Having regard to the amended Decree No. 2012-148 of 30 January 2012 on the Joint Council of the Public Service;
Having regard to the advice of the Superior Council of the Territorial Public Service dated 17 September 2014;
Considering the opinion of the National Standards Assessment Board of 2 October 2014;
The State Council (Section of Administration) heard,
Decrete:

  • Chapter I: Provisions Amending Decree No. 85-397 of 3 April 1985 on the Exercise of the Right to Organise in the Territorial Public Service Article 1 Learn more about this article...


    In article 2 of the above-mentioned decree of 3 April 1985, the second sentence of the second paragraph is deleted.

    Article 2 Learn more about this article...


    Section I of chapter I of the same decree is amended as follows:
    1° Its title is complemented by the words: "and equipment";
    2° Section 3 is replaced by the following:


    "Art. 3.- Where the staff of a community or institution under the above-mentioned Act of 26 January 1984 are equal to or greater than 50 officers, the territorial authority shall make a common office space available to representative trade union organizations with a union section in the community or institution. To the extent possible, the territorial authority shall make a separate premises available to each of these organizations.
    "When the staff of the community or institution are more than 500 officers, separate premises are provided for each of these trade union organizations.
    "When the accumulated staff of a management centre and the staff of the communities or institutions affiliated to it are more than 500 officers, the management centre shall provide a separate premises to each of these trade union organizations. Organizations affiliated with the same federation or confederation are assigned the same locality.
    "The trade union organizations represented in the local technical committee or the Territorial Civil Service Superior Council are considered representative. » ;
    3° Section 4 is replaced by the following:


    "Art. 4.-The premises made available to representative trade union organizations within the meaning of Article 3 are located in the premises of the administrative buildings, except material impossibility. If the community or institution have been required to rent premises, they support the charge.
    "The premises made available include the necessary equipment for the exercise of trade union activity.
    "In the event that it is not possible to make facilities available to representative trade union organizations, a representative subsidy of the rental and equipment costs of the premises is paid to them by the community or institution concerned.
    "In the construction or development of new administrative premises, the existence of premises assigned to trade union organizations must be taken into account. » ;
    4° After Article 4, an article 4-1 is inserted as follows:


    "Art. 4-1.-The terms and conditions of use by trade union organizations, within a community or institution, information and communication technologies and certain personal data contained in the automated human resources management treatments, shall be determined by decision of the territorial authority, after the advice of the technical committee, in accordance with the guarantees of confidentiality, free choice and non-discrimination to which such use is subordinate. Where applicable, this decision specifies the conditions under which this use may be reserved for representative trade union organizations within the meaning of Article 3, taking into account the needs of the service or the special constraints related to the purpose of the facilities so granted.
    "During the six-week period prior to the day of the organized election for the establishment or renewal of any advisory body within which the participation of agents is exercised, any trade union organization whose candidature has been recognized as admissible has access to these same information and communication technologies and may use the same data in the voting process. »

    Article 3 Learn more about this article...


    Article 6 of the same decree is replaced by the following provisions:


    "Art. 6.-Representative trade union organizations within the meaning of Article 3 are also authorized to hold monthly one-hour briefings to which agents may participate during their hours of service. The same trade union organization can consolidate several of its monthly information hours per quarter. Their holding can lead to the fact that special absence authorizations granted to agents wishing to attend may exceed twelve hours per calendar year, including unincorporated driving time.
    "Every staff member has the right to participate in any of these meetings under the conditions set out in the preceding paragraph.
    "Without prejudice to the provisions of the first paragraph, during the six-week period prior to the day of the organized ballot for the renewal of any advisory body in which officers are involved, each staff member may attend a special briefing, whose duration may not exceed one hour per officer. This special meeting may be organized by any union organization candidate for the election.
    "Each union organization organizes its meetings for officers of all services in the community or public establishment. However, in large communities or in cases of significant dispersal of services, the trade union organization may, after information from the territorial authority, organize meetings by direction or geographic location of services.
    "The authorizations to participate in the above-mentioned information meetings must be submitted to the territorial authority at least three days before. They are granted subject to service requirements. »

    Article 4 Learn more about this article...


    In chapter II of the same decree, section IV becomes section V, of which articles 20-1,20-2 and 20-3 become articles 28,29,30 and the first three sections are replaced by the following:


    “Section I
    « Trade union time credit


    "Art. 12.-As a result of each general renewal of the technical committees, the territorial community, the public institution or the management centre assigns a trade union time credit to trade union organizations, given their representativeness.
    "The amount of this time credit shall be extended each year to the following elections, unless the scope of the technical committee is changed, resulting in the establishment of a new technical committee under the conditions set out in section 32 of Decree No. 85-565 of 30 May 1985 on the technical committees of the territorial authorities and their public institutions or a change of more than 20% of the staff.
    "The trade union time credit includes two troops:
    « 1° A contingent of absence authorizations;
    « 2° A contingent of service activity discharges.


    "Art. 13.-Each of the quotas mentioned in the 1st and 2nd of Article 12 shall be divided among the trade union organizations, taking into account their representativeness appreciated as follows:
    « 1° Half of the trade union organizations represented on the technical committee or on the technical committees of the perimeter selected for the calculation of the contingent, depending on the number of seats they hold;
    « 2° The other half of all trade union organizations having nominated for the election of the technical committee or technical committees of the scope for the calculation of the quota, proportionally to the number of votes they obtained.


    “Section II
    " Absence authorities


    "Art. 14.-The contingent of absence authorizations referred to in 1° of section 12 shall be calculated at the level of each technical committee, excluding optional technical committees, proportionally to the number of electors registered on the list of electors of the technical committee, at a time of absence authorization for 1,000 hours of work performed by them.
    "For the communities and public establishments whose technical committee is placed at the management centre, the management centre calculates, according to this scale applied to the number of hours worked by the electors on the list of electors of this technical committee, a quota distributed under the conditions set out in section 13.
    "Recipient officers shall be designated by trade union organizations among their active representatives in the community or institution concerned or, in the case of application of the second paragraph, in the communities and institutions referred to in that same paragraph.
    "When leave of absence is granted to officials employed by the public authorities and institutions referred to in the second paragraph, these public authorities and institutions are reimbursed by the Salary Expenses Management Centre of any kind related to these authorities.


    "Art. 15.-The absence authorizations referred to in Articles 16 and 17 shall be granted, subject to the requirements of the service, to representatives of the trade union organizations mandated to attend the trade union congresses as well as to the meetings of their governing bodies, of which they are elected or for which they are appointed in accordance with the provisions of the statutes of their organization.
    "Applications for authorization must be made at least three days before the date of the meeting. The refusal of authorization for absence is the subject of a territorial authority's motivation.


    "Art. 16.-In the case of participations in conferences or meetings of governing bodies of unions, federations or confederations of unions not represented in the Joint Council of the Public Service, the duration of special authorizations of absence granted to the same officer, in a year, may not exceed ten days. National and local unions, as well as regional, interdepartmental and departmental unions affiliated to them, have the same rights.
    "This limit is extended to twenty days a year in the case of participation in conferences or meetings of the governing bodies of international trade union organizations, or in the congresses and meetings of the governing bodies of unions, federations or confederations represented in the Joint Council of the Public Service. National and local unions, as well as regional, interdepartmental and departmental unions affiliated to them, have the same rights.


    "Art. 17.-The trade union representatives appointed to participate in the congresses or statutory meetings of the governing bodies of trade union organizations of any other level than those mentioned in Article 16 may be granted leave of absence charged to the hour credits defined under Article 14.


    "Art. 18.-On the simple presentation of their convocation or of the document informing them of the meeting of these bodies, the union representatives, holders and alternates, as well as the experts, who are to serve on the Joint Council of the Public Service, the Superior Council of the Territorial Civil Service, the National Centre of the Territorial Civil Service, within the technical committees, parity administrative commissions, parity advisory boards, hygiene, security committees and
    "The union representatives enjoy the same right when they attend working meetings convened by the administration or negotiations under Article 8 bis of the Act of 13 July 1983 referred to above.
    "The duration of the absence authorization includes, in addition to the time limits and foreseeable duration of the meeting, a time equal to that period to allow the parties to ensure the preparation and reporting of the work.


    “Section III
    "Service discharges


    "Art. 19.-The contingent of discharges of service activity referred to in 2° of section 12 shall be calculated by each community or establishment not necessarily affiliated to a management centre in accordance with the scale below.
    "For communities and institutions that are obligatoryly affiliated to a management centre or a centre set out in sections 17,18 and 112 of the aforementioned Act of 26 January 1984, this contingent is calculated by the management centre in accordance with the scale below.
    "The contingent to be granted in the form of discharges of service activity is equal to the number of hours fixed for the elector stratum on the list of electors of the technical committee or the technical committees of the scope chosen for its calculation. It is determined by application of the following scale:
    "Less than 100 electors: number of hours per month equal to the number of electors.
    "100 to 200 electors: 100 hours per month.
    "201 to 400 electors: 130 hours per month.
    401 to 600 electors: 170 hours per month.
    "601 to 800 electors: 210 hours per month.
    "801 to 1,000 electors: 250 hours per month.
    "1 001 to 1,250 electors: 300 hours per month.
    "1,251 to 1,500 electors: 350 hours per month.
    "1,501 to 1,750 electors: 400 hours per month.
    " 1,751 to 2,000 electors: 450 hours per month.
    "2 001 to 3,000 electors: 550 hours per month.
    "3 001 to 4,000 electors: 650 hours per month.
    4,001 to 5,000 electors: 1,000 hours per month.
    "5,001 to 10,000 electors: 1,500 hours per month.
    "10,001 to 17,000 electors: 1,700 hours per month.
    "17,001 to 25,000 electors: 1,800 hours per month.
    "25,001 to 50,000 electors: 2,000 hours per month.
    "Beyond 50,000 electors: 2,500 hours per month.
    "For communities and institutions that are compulsoryly affiliated to a management centre, these hours are divided by the centre between trade union organizations according to the criteria defined in Article 13. Management centres pay the salaries paid by these communities and establishments, some of which receive service discharges or, where appropriate, make available to them officials who provide the interim. The associated costs are apportioned among these communities and institutions.


    "Art. 20.-The trade union organizations shall designate the service activity discharge agents among their active representatives within the scope of the technical committees or committees taken into account for the calculation of the contingent concerned. They provide the nominative list to the territorial authority and, in the event that the discharge of service activity results in the reimbursement of salary expenses by the management centre to the president of the management centre.
    "If the designation of an agent is incompatible with the proper operation of the service, the territorial authority is motivated by its refusal and invites the trade union organization to choose another agent. The Joint Administrative Committee or the relevant Joint Advisory Committee shall be informed of this decision.


    “Section IV
    " Provision of trade union representatives


    "Art. 21.-The provision to a trade union organization pursuant to Article 100 of the above-mentioned Act of 26 January 1984 shall be decided, taking into account the number of agents established by Article R. 1613-2 of the General Code of Territorial Authorities and Decree No. 2012-148 of 30 January 2012 relating to the Joint Council of the Public Service and subject to the necessity of the service, with the agreement of the public servant and the
    "The territorial authority shall transmit a copy of this order to the Prefect and to the Minister responsible for territorial authorities.


    "Art. 22.-The order sets out the duration of the provision and the notice rules for the purposes of section 25. The notice cannot be less than one month.


    "Art. 23.-An employee made available to a trade union organization shall be entitled to a vocational training or trade union training leave only with the agreement of that organization.


    "Art. 24.-Disciplinary power is exercised by the territorial authority.


    "Art. 25.-The provision may be terminated prior to the expiry of the period provided, at the request of the host trade union organization or the employee, subject to compliance with the notice rules.


    "Art. 26.-Where the disposition is terminated, the employee made available to the community or institution of origin shall be reassigned to that community or institution, either in the employment he or she held prior to his or her disposal, or in a job corresponding to his or her grade or default, if that community or institution is affiliated, shall be taken care of under the conditions set out in sections 97 and 97 bis of the Act of 26 January 1984.
    "The non-permanent agent continues to be employed under the conditions prescribed by applicable legislation and regulations or in accordance with the terms of its contract that are not contrary to it.


    "Art. 27.-The staff referred to in Article R. 1613-2 of the General Code of Territorial Communities, apart from the officers made available for their participation in the Joint Council of the Public Service, is as follows:
    « 1° Each trade union organization represented in the Superior Council of the Territorial Civil Service has four officers available;
    « 2° The remaining number of officers available is distributed among trade union organizations in proportion to the highest average of the vote taken into account for the distribution of seats on the Supreme Council of the Territorial Civil Service.
    "The number of agents so distributed is estimated in full-time equivalent. Their availability cannot be less than half-time. »

    Article 5 Learn more about this article...


    After Article 20-3 of the same Decree, which became 30, it is inserted two sections V and VI as follows:


    “Section V
    "Advancement of public servants receiving, for the exercise of union mandates, a provision or a service discharge


    "Art. 31.-The advancement of public servants benefiting, for the exercise of union mandates, from a provision or discharge of service granted for a minimum quotity of 70% of full time shall take place on the basis of the average advancement, found in the community or institution, of employees of the employment, employment or body to which the persons concerned belong.


    “Section VI
    “Statistics and information


    "Art. 32.-The social assessment of each community or public institution includes information and statistics on the means of any kind actually granted to trade union organizations over the past year. This report is provided to the technical committee. »

  • Chapter II: Amendments to Decree No. 85-552 of 22 May 1985 on the allocation of trade union leave to territorial public officials Article 6 Learn more about this article...


    Article 1 of the Decree of 22 May 1985 on the granting of trade union leave to officials of the territorial public service:
    1° The words: "every year" are deleted;
    2° After the words: "of the territorial public service" are added the words: "or in decentralized structures acting under the aegis or authority of them. »

  • Chapter III: Miscellaneous, Transitional and Final Provisions Article 7 Learn more about this article...


    In article R. 1613-2 of the general code of territorial authorities, after the words "fixed to 103", the words "to be added to the territorial agents made available for their participation in the Joint Council of the Public Service are added. »

    Article 8 Learn more about this article...


    Decree No. 85-447 of 23 April 1985 on the provision of a trade union organization pursuant to section 100 of the Act of 26 January 1984 is repealed.

    Article 9 Learn more about this article...


    When the application of the rules set out in articles 12, 13 and 14 of the decree of 3 April 1985 referred to above, in their drafting of this decree, results, at an equivalent perimeter, in the allocation of quotas of credit of trade union time usable in the form of authorizations of absence or discharge of service activity, less than the facilities in contingent time granted to trade union organizations in accordance with the provisions in force on the date of publication of this decree

    Article 10 Learn more about this article...


    The Minister of the Interior and the Minister of Decentralization and Public Service are responsible, each with respect to him, for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done on 24 December 2014.


Manuel Valls

By the Prime Minister:


Minister of Decentralization and Public Service,

Marylise Lebranchu


The Minister of the Interior,

Bernard Cazeneuve


Download the document in RTF (weight < 1MB) Extrait du Journal officiel électronique authentifié (format: pdf, weight : 0.3 Mo) Download the document in RDF (format: rdf, weight < 1 MB)