Keywords decentralization, public territorial, staff, ORGANISATION SYNDICALE, exercise of the right to organise, representative trade union, special permission of ABSENCE, ASA, CREDIT Union hours, discharge from SERVICE, REPRESENTATION SYNDICALE JORF n ° 0299 December 27, 2014 text no. 94 Decree No. 2014-1624 of 24 December 2014 on the exercise of the right to organise 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 interested Publics: unions and territorial public servants.
Subject: conditions for the exercise of trade union rights in the territorial public service.
Entry into force: the text comes into force the day of its publication.
Notice: the decree establishes a Union time credit, which includes two quotas: one is granted in the form of lack permissions for the participation at the local level to Congress or statutory meetings of governing bodies of trade unions; the other is a monthly credit hours of discharge from active service.
The Decree also complements the rules relating to the trade union premises and Trade Union meetings. It includes the possibility of special briefings during the periods preceding the day of an election organized to renew one or more instances of consultation. It extends the right to special authorizations for absence to attend the meetings of the working groups convened by the administration.
In addition, the Decree redefines the criteria for the assessment of the representativeness of trade unions, which are now based on the results of the elections to the technical committees.
In addition, provisions to the provision with a trade union organization, by the Decree of 23 April 1985, are grouped in the Decree of 3 April 1985 as amended relating to the exercise of trade union rights in the territorial public service.
Finally, the Decree simplifies the granting of leave for Trade Union training for the benefit of public service officers territorial.
References: the text amended by this decree can be accessed, as amended by this amendment, the site of Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister, on the report of the Minister of the Interior and the Minister of decentralization and the public service, having regard to the general code of territorial communities, particular articles l. 1613-5 and r. 1613-2;
Pursuant to law No. 83 - 634 of 13 July 1983 as amended on rights and obligations of officials, all amended Act No. 84-53 of 26 January 1984 on the statutory provisions relating to the territorial public service;
Considering Decree No. 85-397 of April 3, 1985, amended relating to the exercise of trade union rights in the territorial public service.
Considering Decree No. 85-552 May 22, 1985, as amended on the allocation to the officers of the territorial public service of leave for trade union education;
Considering Decree No. 85-565 of May 30, 1985, as amended on the technical committees of local authorities and their public institutions;
Considering Decree No. 2012-148 30 January 2012 amended relating to the Joint Council of the public service;
Having regard to the opinion of the High Council of the function public territorial dated September 17, 2014;
Having regard to the opinion of the national Council of evaluation standards of October 2, 2014;
The Council of State (administration section) heard, decrees: chapter I:: provisions amending Decree No. 85-397 of April 3, 1985, relating to the exercise of trade union rights in the territorial public service Article 1 more on this article...
Article 2 of the Decree of April 3, 1985, referred to above, the second sentence of the second paragraph is deleted.
Article 2 more on this article...
Section I of chapter I to the order is amended: 1 ° its title is supplemented by the words: 'and equipment '.
2 ° article 3 is replaced by the following: «art.» 3. - when the staff of a community or an institution governed by the above-mentioned law of 26 January 1984 are equal or superior to 50 agents, the territorial authority shall put common office premises at the disposal of the representative trade unions having a trade union section in the community or the institution. As far as possible, the territorial authority is a separate room at the disposal of each of these organizations.
"When the staff of the community or institution are greater than 500 agents, the granting of separate premises is right for each of these unions.
"When the cumulative number of personnel of a centre management and staff communities or institutions affiliated is greater than 500 agents, management centre puts right a separate room at the disposal of each of these unions. A federation or confederation-affiliated organizations are given the same premises.
'Shall be considered as representative trade union organizations represented at the local technical Committee or the Board of Governors of the territorial public service.';
3 ° article 4 is replaced by the following: «art.» 4 - put at the disposal of the representative trade unions within the meaning of article 3 are located in the grounds of administrative buildings, except material impossibility. If the community or the institution were obliged to rent premises, they bear the load.
"The premises thus available include the equipment indispensable to the exercise of trade union activity.
"In case of impossibility to premises equipped at the disposal of the representative trade unions, a representative grant of rental and equipment costs them is paid by the community or the institution concerned.
"During the construction or development of new administrative offices, the existence of premises allocated to trade union organizations must be taken into account.";
4 ° after article 4, it is inserted an article 4-1 worded as follows: «art.» 4-1.-conditions of use by trade unions within a community or an institution, the technologies of information and communication as well as certain personal data contained in the automated processing in the management of human resources, are laid down by decision of the territorial authority, after the opinion of the Technical Committee, in compliance with guarantees of confidentiality freedom of choice and non-discrimination to which this use is subject. Where appropriate, this decision sets out the conditions in which this use may be restricted to representative trade unions within the meaning of article 3, taking into account the needs of the service or particular constraints related to the purpose of thus granted facilities.
"During the period of six weeks preceding the election day organized for the establishment or renewal of any advisory body to the breast which is the participation of agents, any trade union organization recognised by the candidature admissible has access to these same technologies of information and communication and can use the same data in the context of the election. ''
Article 3 read more on this article...
Article 6 of the order is replaced by the following: «art.» 6. - the representative trade unions within the meaning of article 3 are also allowed to hold monthly information meetings of one hour in which can participate agents during their hours of service. One trade union organization can consolidate many of its monthly hours of information by quarter. Their dress can lead to what the special lack permissions granted to agents wishing to attend exceed twelve hours per calendar year, not including travel time.
"Each Member of staff has the right to attend one of these meetings in the conditions laid down in the preceding paragraph.
' Without prejudice to the provisions of the first paragraph, during the period of six weeks preceding the election day organized for the renewal of any advisory body within which applies the participation of agents, each Member of the staff may attend a special briefing, which the duration may not exceed one hour per officer. '' This special meeting can be arranged by any organization Union candidate for the election reporting.
"Each trade union organization organizes meetings for officers of all services of the community or the public institution. However, large communities or in the event of significant dispersion services, the trade union organization may, after information of territorial authority, meetings by direction or by geographical area of introduction of the services.
"Permissions of absence to participate in the above-mentioned information meetings should be the subject of a request addressed to the territorial authority at least three days before. They are granted subject to the exigencies of the service. ' Article 4 more on this article...
In chapter II of the same Decree, section IV becomes section V, articles 20-1, 20-2 and 20-3 respectively become articles 28,29,30 and the first three sections are replaced by the following: 'Section I '.
«Time credit union «art» 12.-A result of each general renewal of the technical committees, the collectivity, the public institution or the management centre assigns a credit union time to trade unions, taking into account their representativeness.
"The amount of this time credit is renewed each year until the following election, except change of the contours of the technical committee leading to the establishment of a new technical Committee under the conditions laid down in article 32 of Decree No. 85-565 30 May 1985 relating to local authorities and their public institutions technical committees or a variation over 20% of the workforce. ''
"The Union time credit includes two quotas:" 1 ° a quota of authorizations of absence;
2 ° a contingent of discharge from active service.
«Art.» 13. - each of the quotas referred to in 1 ° and 2 ° of article 12 is divided between trade unions, taking into account their representativeness appreciated as follows: '1 ° half between the trade union organizations represented on the Technical Committee and the technical committees of the perimeter for the quota calculation, based on the number of seats they hold;
«2 ° the other half between all unions having presented their candidacy for the elections of the Technical Committee and the technical committees of the perimeter selected for the calculation of the quota, proportionally number of votes they have obtained.»
«Section II "lack permissions «Art»» 14 - the quota of authorisations of absence referred to in 1 ° of article 12 is calculated at the level of each technical Committee, excluding the technical committees optional proportionally to the number of registered electors on the electoral list of the Technical Committee, at the rate of one hour for leave of absence for 1,000 hours of work performed by them.
«For communities and public institutions including the Technical Committee is placed at the centre of management, it calculates, according to this scale number of hours of work performed by the electors registered on the electoral list of this technical Committee, a quota allocated under the conditions laid down in article 13»
"Officers beneficiaries are designated by trade unions among their representatives in activity in the community or the institution concerned or, in case of application of the second paragraph, in communities and establishments referred to in that paragraph.
"When lack permissions are granted to the agents employed by the communities and public institutions referred to in the second paragraph, these communities and public institutions are reimbursed by the centre for management of the wage costs of any nature relating to these permissions.
«Art.» 15 - absence referred to in articles 16 and 17 permissions are granted, subject to the operational requirements of the service, to representatives of trade union organizations mandated to attend the Union as well as in the meetings of their governing bodies, which they are elected or for which they are named in accordance with the provisions of the statutes of their organization.
"Authorization requests must be made three days prior to the date of the meeting. Refusal of leave of absence are a motivation of territorial authority.
«Art.» 16. - in the case of participation in the Congress or in the meetings of Directors of unions, federations or confederations of trade unions organizations not represented on the common public service Board, the duration of special authorizations of absence granted to a same agent in a year shall not exceed ten days. National and local unions as well as regional, interdepartmental and departmental unions with their affiliated unions have the same rights.
"This limit is raised to 20 days per year in the case of participation in conferences or meetings of the governing bodies of international trade union organizations, or the Congress and meetings of the governing bodies of the unions, federations or confederations represented at the Joint Council of the public service. National and local unions as well as regional, interdepartmental and departmental unions with their affiliated unions have the same rights.
«Art.» 17 - trade union representatives mandated to participate in conferences or in statutory meetings of the governing bodies of unions another level than those mentioned in article 16 may be granted permissions of absence from the appropriation of time defined in accordance with article 14.
«Art.» 18 - simply by presenting their invitation or document informing them of the meeting of these bodies, the representatives, Trade Union and their alternates, as well as the experts called to sit on the Joint Council of public service, the Superior Council of civil servants in local, at the Centre of the territorial public service, technical, administrative boards committees joint consultative committees, committees of hygiene and security conditions, the commissions of reform, the economic, social and environmental Council or economic advice, social and environmental regional, are granted a leave of absence.
«Trade Union representatives enjoy the same right when they participate in working meetings convened by the administration or negotiations under article 8 bis of the Act of 13 July 1983 above.»
"The duration of the leave of absence includes, in addition to travel time and the anticipated duration of the meeting, a time equal to the duration to allow interested parties to ensure the preparation and reporting of the work.
«Section III "discharges of service «Art»» 19 - the quota of discharge activity of service referred to in 2 ° of article 12 is calculated by each community or institution not necessarily affiliate to a centre for management in accordance with the schedule below.
"For the communities and institutions must be affiliated to a management centre or a facility provided for in articles 17, 18 and 112 of the aforementioned law of January 26, 1984, this quota is calculated by the centre for management in accordance with the schedule below.
"The quota to be granted in the form of discharge from active service equals the number of hours fixed for the stratum of registered electors on the electoral Technical Committee and technical committees of the perimeter for its calculation. Determined by application of the following scale: "less than 100 voters: number of hours per month for equal number of voters. ''
"100 to 200 voters: 100 hours per month. ''
«201 to 400 voters: 130 hours a month. ''
«401 to 600 voters: 170 hours per month. ''
«601 to 800 voters: 210 hours per month. ''
«801 to 1000 voters: 250 hours per month. ''
«1 001 to 1 250 voters: 300 hours per month. ''
«1 251 to 1 500 voters: 350 hours per month. ''
«1 501 to 1 750 voters: 400 hours per month. ''
«1 751-2 000 voters: 450 hours per month. ''
"2 001 to 3 000 voters: 550 hours per month. ''
«3 001 to 4 000 electors: 650 hours per month. ''
«4 001 to 5 000 voters: 1,000 hours per month. ''
«5 001 to 10 000 voters: 1,500 hours per month. ''
«10 001 to 17,000 voters: 1,700 hours per month. ''
«17 001 to 25 000 voters: 1,800 hours per month. ''
«25 001 to 50 000 voters: 2,000 hours per month. ''
"Beyond 50 000 voters: 2,500 hours per month. ''
"For the communities and institutions must be affiliated to a management centre, these hours are distributed by centre between the trade unions according to the criteria defined in article 13." Management centres reimburse payments borne by these communities and settlements enjoyed by some agents of discharges of service or, if applicable, put at their disposal by civil servants interim. The costs are divided between these communities and institutions.
«Art.» 20 - unions designate beneficiary discharges of active service officers among their representatives in activity within the scope of the Technical Committee took into account for the calculation of the quota concerned. They communicate the list of names to the territorial authority and, in the case where the discharge of service activity gives rise to reimbursement of salary expenses by the Center, to the president of the centre for management.
"If the appointment of an agent is incompatible with the proper functioning of the service, the territorial authority justifies its refusal and invites the Union to bear his choice on another agent. The joint administrative Committee or the joint consultative committee shall be informed of this decision.
«Section IV "provision of representatives Trade Union «art»» 21 - provision with a Trade Union in accordance with article 100 of the law of 26 January 1984 above is determined, taking into account the number of agents established by article r. 1613-2 du code Général des collectivités territoriales and Decree No. 2012-148 30 January 2012 on the Joint Council of the public service and subject to the operational requirements of the service with the agreement of the official and joint host, after receiving the opinion of the administrative commission Union Organization or the competent joint consultative commission, by order of the territorial authority.
"Territorial authority shall forward a copy of this order to the prefect and the Minister in charge of local authorities.
«Art.» 22.-L' order sets the duration of provision and the rules of notice for the purposes of article 25. The notice must not be less than one month.
«Art.» 23 - the official made available to an employee organization cannot leave for professional training or trade union training only with the agreement of that organization.
«Art.» 24 - disciplinary power is exercised by the territorial authority.
«Art.» 25 - provision may end before the expiry of the period provided, at the request of the trade union organization to home or the official, subject to respect for the rules of notice.
«Art.» 26 - when provision ends, the officer handed his community or his establishment of origin available is reassigned in this community or stay in, either in the job he held before being put at disposal, either in a post corresponding to his grade or failing that, if the community or institution is affiliated, supported under the conditions laid down in articles 97 and 97 bis of the law of 26 January 1984 above.
"Unlicensed agent continues to be used under the conditions laid down in the laws and applicable regulations or according to the terms of his contract which are inconsistent.
«Art.» 27.-L' staff referred to in article r. 1613-2 of the general code of territorial communities, except put agents available in respect of their participation in the Joint Council of the public service, is thus divided: «1 ° each trade union organization represented in the Supreme Council of the territorial public function has of four put officers at disposal;
«2 ° strength remaining agents made available is divided among unions to the proportional to the highest average of votes taken into account in the distribution of seats in the Supreme Council of the territorial public service.
"The number of agents and distributed appreciates full-time equivalent. Available may be less than half-time. ' Article 5 more on this article...
Article 20-3 of the same Decree, become 30, it is inserted after two sections V and VI thus written: "Section V" Advancement of officials enjoying, for the exercise of Union mandates, provision or a discharge of service «Art»» 31.-L' advancement of officials enjoying, for the exercise of warrants labor unions, an upgrade at disposal or discharge from service for a minimum of 70% of full time quota takes place on the basis of the average advancement, found in the community or the institution, officials of the framework of employment, employment, or body to which the individuals belong.
«Section VI "statistics and information «Art»» 32 - the social balance sheet of each community or public institution includes information and statistics on the resources of all kinds actually granted to trade unions over the past year. This report is communicated to the Technical Committee. "Chapter II: amendments to Decree No. 85-552 May 22, 1985, concerning the attribution to officials of the territorial public service of leave for trade union education Article 6 more on this article...
Article 1 of the Decree of 22 May 1985 on the allocation to the officers of the territorial public service of leave for trade union education: 1 ° the words: 'each year' shall be deleted;
2 ° after the words: "of the territorial public service", the words are added: 'or in structures decentralized under the aegis or authority thereof.'
Chapter III: Miscellaneous, transitional and final provisions Article 7 read more on this article...
S. r. 1613-2 of the general code of territorial communities, after the words: "fixed at 103", are added the words: «compounded put territorial agents available in respect of their participation in the Joint Council of the public service.»
Article 8 more on this article...
Decree No. 85-447 23 April 1985 concerning the placing at disposal with a trade union organization in application of article 100 of the law of 26 January 1984 is hereby repealed.
Article 9 read more on this article...
When the application of the rules set out in articles 12, 13 and 14 of the Decree of April 3, 1985, referred to above, as their of this Decree, results, scope equivalent to the allocation of quotas of time credit union can be used in the form of authorization to absence or discharge from active service, less than the facilities in time quota granted to trade unions in accordance with the provisions in force at the date of publication of this Decree an order of territorial authority may decide, for a maximum duration of one year, the maintenance of rights at a level greater than that of the previous year.
Article 10 more on this article...
The Minister of the Interior and the Minister of decentralization and public service are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
Made on December 24, 2014.
Manuel Valls by the Prime Minister: the Minister of decentralization and public service, Marylise Lebranchu the Minister of the Interior, Bernard Cazeneuve