Key Benefits:
Publics concerned: advisers to the assemblies of Guyane and Martinique, members of the Economic, Social, Environmental Councils, the culture and education of Guyane and Martinique; members of the Advisory Council of the Amerindian Populations and Guyane bushinenge.
Purpose: Establishment of the local authorities of Guyana and Martinique.
Entry into force: the text comes into force on the day after its publication.
Notice: The decree defines certain guarantees and allowances of members of the legislative assemblies of Guyana and Martinique and their executives and members of the economic, social, environmental, culture and education council. It also sets out the rules for the composition and functioning of the Advisory Council of the Amerindian and Guyane bushinenge populations.
References: this decree is taken for the application of the Act No. 2011-884 of 27 July 2011 relating to the communities of Guyane and Martinique. The general code of territorial authorities (regulatory party) This text can be accessed, in its version, on the Légifrance website (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Interior, the Minister of Decentralization and the Public Service and the Minister of Overseas,
Vu le general code of territorial authoritiesincluding the seventh part of its legislative part, in its drafting Act No. 2011-884 of 27 July 2011 modified for the local authorities of Guyana and Martinique;
Vu le Labour code ;
Vu la Act No. 83-634 of 13 July 1983 rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State, the Act No. 84-53 of 26 January 1984 with statutory provisions relating to the territorial civil service and Act No. 86-33 of 9 January 1986 making statutory provisions for the hospital public service;
Vu la Act No. 2011-884 of 27 July 2011 relating to the local authorities of Guyane and Martinique as amended, including its article 21 in its drafting resulting from theArticle 10 of Act No. 2015-29 of 16 January 2015 relating to the delimitation of regions, regional and departmental elections and amending the electoral calendar;
Vu le Decree No. 2000-815 of 25 August 2000 relating to the development and reduction of working time in the public service of the State, together the Decree No. 2001-623 of 12 July 2001 relating to the development and reduction of working time in the territorial public service and Decree No. 2002-9 of 4 January 2002 relating to working time and organization of work in the establishments mentioned in theArticle 2 of Act No. 86-33 of 9 January 1986 making statutory provisions for the hospital public service;
Vu le Decree No. 2006-781 of 3 July 2006 setting out the conditions and procedures for the payment of costs incurred by the temporary movement of State civilian personnel;
Vu le Decree No. 2015-1666 of 11 December 2015 Implementation Act No. 2011-884 of 27 July 2011 relating to the communities of Guyana and Martinique and amending the regulatory part (R) of the general code of territorial authorities ;
Considering the opinion of the departmental council of Martinique dated 16 July 2015;
Considering the opinion of the Departmental Council of Guyane of 22 September 2015;
Considering the opinion of the Guyane Regional Council of 23 October 2015;
Given the referral of the Martinique Regional Council dated 2 July 2015,
Decrete:
Chapter IV of Book I II of Part VII of the General Code of Territorial Communities (regulatory part) is supplemented by the following provisions:
"Art. D. 7124-28.-Articles D. 7124-29 to D. 7124-34 apply to the President and members of the Economic, Social, Environmental, Culture and Education Council of Guyana.
"Art. D. 7124-29.-The duration of the Hours Credit under section L. 7124-9 is equal for one quarter:
« 1° At seventy hours for the President and Vice-Presidents of the Economic, Social, Environmental Council, of the culture and education of Guyana;
« 2° Twenty-one hours for other members of the board.
"Art. O.C. 7124-30.-In light of the requirements of the public education service, the weekly service of staff belonging to teachers' bodies or employment frameworks who receive an hour credit in accordance with section L. 7124-9 is subject to an adjustment at the beginning of the school year.
"The duration of the credit of hours is divided between the time of service carried out in the presence of the students their statutory incumbency and the additional time of service that they are indebted according to theArticle 1 of Decree No. 2000-815 of 25 August 2000 relating to the development and reduction of working time in the public service of the State or, when it comes to the territorial public service, pursuant toArticle 1 of Decree No. 2001-623 of 12 July 2001 taken for application ofArticle 7-1 of Act No. 84-53 of 26 January 1984 and relating to the development and reduction of working time in the territorial public service.
"The portion of the credit of hours attributable to the time of the service carried out in the presence of the students is obtained by weighting the credit of hours in relation to the duration of the time of service carried out in the presence of the students and the duration set out in article 1 of the decree of 25 August 2000 already cited or, if applicable, in article 1 of the decree of 12 July 2001 already cited.
"Art. D. 7124-31.-In the case of part-time work, the hour credit shall be reduced pro rata of the relationship between the hours entered in the contract of employment of the employee concerned, according to the provisions of Article L. 3123-14 of the Labour Code and the legal weekly duration of the work defined in Article D. 7124-32 of this Code.
"In the case of a civil servant governed by titles II, III or IV of the general status of the public service or a non-public official of the State, a territorial authority or their public administrative institutions, who exercises his or her functions on a part-time basis, the credit of hours shall be reduced pro rata from the relationship between the annual duration of the part-time service and the legal annual duration of the work defined in article D. 7124-33.
"Art. D. 7124-32.-To fix the maximum time to which the elected members who have the quality of the employee are entitled under Article L. 7124-9, the legal duration of the work for a calendar year shall be assessed on the basis of the weekly legal period established by the law.Article L. 3121-10 of the Labour Codededucting five weeks of paid leave and holidays.
"However, when it is derogated from this term either by decrees in council of ministers or by agreement or collective agreement under the conditions provided for in theArticle L. 3122-47 of the Labour Code, in the event of an equivalence regime established under the conditions set out in Article L. 3121-9 of the same code, the duration of the work as a result of these exemptions shall be taken into account.
"The weekly duration of work taken into account for employees governed by a temporary employment contract is that fixed in this contract under the terms of 4° of Article L. 1251-43 of the Labour Code.
"Art. D. 7124-33.-To determine the maximum period of absence to which, pursuant to Article L. 7124-9, elected officials who have the status of public service officer governed by titles II, III or IV of the general statute of the public service or non-public servant of the State, a territorial authority or their administrative public institutions, the legal duration of work for a calendar year shall be assessed on the basis of the annual period toArticle 1 of Decree No. 2000-815 of 25 August 2000 or to theArticle 1 of Decree No. 2001-623 of 12 July 2001 or to theArticle 1 of Decree No. 2002-9 of 4 January 2002.
"However, when it is derogated from this annual period, it shall be taken into account the duration of the work as it results from these derogations under the conditions established, as the case may be, by the decree of 25 August 2000 or the decree of 12 July 2001 or the decree of 4 January 2002 already cited.
"Art. D. 7124-34. - Regardless of the cost of teaching which is borne by the community budget, the costs of travel and stay of the president and members of the Economic, Social, Environmental, Culture and Education Council of Guyana, referred to in Article L. 7124-10, are borne by the community under the conditions defined by the Decree No. 2006-781 of 3 July 2006 setting out the conditions and procedures for the payment of costs caused by the temporary movement of State civilian personnel. »
In section 3 of chapter V of Book I of Part II of Part VII of the Code, a sub-section 4 is created as follows:
"Subsection 4
« Cheque service
"Art. D. 7125-29.-The deliberation by which the assembly of Guyana grants the financial assistance provided for in Article L. 7125-23 may specify the terms and conditions for the allocation and control of such assistance, including the possible splitting of its payment.
"It is communicated to the meeting of Guyane, for each calendar year, an individual summary of the aid provided to the beneficiaries.
"Art. D. 7125-30.-To be eligible for financial assistance under Article L. 7125-23, the elected officials concerned must produce any document justifying the use of a universal service employment cheque in accordance with the aforementioned article.
"Art. D. 7125-31.-The maximum amount of this assistance is equal to the amount determined by theArticle D. 7233-8 of the Labour Code, by calendar year and recipient using one or more services funded by this assistance.
"It cannot exceed the cost of the services provided by the recipient.
"Art. D. 7125-32.-The president of the assembly of Guyane shall communicate to the elected recipient of the financial assistance, before February 1 of the year following that of his or her assignment, a certificate stating the total amount of the aid received and specifying its non-taxable character.
"The annual declaration provided by theArticle 87 of the General Tax Code subscribed by the local authority of Guyane mentions, for each beneficiary, the amount of assistance granted by the assembly of Guyane. »
In section 4 of chapter V of Book I of the seventh part of the same code, a sub-section 1 is created as follows:
"Subsection 1
“Social security
"Art. D. 7125-33.-Any adviser to the assembly of Guyane in receipt of work allowances and who cannot, in the event of illness, maternity, paternity or accident, perform his or her duties beyond a period of fifteen frank days, is required to indicate to the territorial community of Guyane the amount of his or her daily allowances which, if any, are paid by his or her social security regime in respect of his or her work activity
"In the event of overpayment, the community shall rehearse the undue from the receipt of the daily allowances by the elect and the statement of their amount.
"When the councillor at the meeting of Guyane does not receive a daily allowance scheme or fails to meet the conditions to receive compensation from the social security regime under which his activity is concerned, the service allowances are maintained in full during the period of the work order.
"In the event of cumulative mandates, the provisions in the first paragraph of this section apply to each mandate.
"Art. D. 7125-34.-Where the period of deficiency provided for by the social security regime to which the counselor reports to the meeting of Guyana for the payment of the daily allowances is greater than the fifteen-day period set out in article D. 7125-33, he shall be paid in full during the period not giving rise to any daily allowance. »
In Book I of Part VII of the Code, a title XII is inserted as follows:
« Title XII
« OTHER BODIES
“Chapter I
"The Amerindian Population Advisory Council and bushinenge
"Art. D. 71-121-1.-The advisory council of the Amerindian and bushinenge populations established by section L. 71-121-2 comprises twenty members:
« 1° Sixteen representatives of organizations and associations representing the Amerindian and bushinenge populations designated by these organizations and associations;
« 2° Four qualified personalities designated by order of the overseas minister.
"An Order of the Overseas Minister determines the representative organizations and associations of the Amerindian populations and bushinenge.
"Art. D. 71-121-2.-An order by the representative of the State in Guyana notes the designation of representative bodies and associations of the Amerindian and bushinenge populations.
"Art. D. 71-121-3.-The Advisory Board shall elect from among its members an office composed of a Chair, two Vice-Chairs and a Secretary, who shall be elected for half of the term of office of the Board and re-elected.
"Art. D. 71-121-4.-The Advisory Board shall meet on the convocation of its Chair. Except as a matter of urgency, Council members shall, at least 15 days before the date of the meeting, receive a summons from the President on the agenda and, where appropriate, the documents necessary for the examination of the matters listed therein.
"Art. D. 71-121-5.-The Advisory Board shall decide by a majority of the members present or represented. In the event of equal sharing of votes, the president's voice is preponderant.
"The Advisory Board's opinions refer to minority positions.
"The representative of the State in Guyana, or his representative, may attend meetings of the council without a deliberate vote. He can be heard at his request.
"Art. O.C. 71-121-6.-When not suppleed, a board member may give a warrant to another member. No one can hold more than one warrant.
"Art. D. 71-121-7.-The advisory board may only validly deliberate if half of its members are present, including members participating in the debates through a telephone or audiovisual conference, or having given a mandate.
"If the quorum is not reached, the council is reconvened on the first business day that follows, on the same agenda. He then sits validly regardless of the number of members present or represented.
"Art. D. 71-121-8.-The Advisory Board Secretariat is provided by the State Representative in Guyana.
"The referrals of the advisory council by the president of the meeting of Guyane or the representative of the State are addressed to the secretariat of the council.
"Art. D. 71-121-9.-The members of the Advisory Board shall exercise their functions free of charge.
"The travel and stay expenses incurred by board members may be covered under the conditions set out in the regulations applicable to government officials.
"Art. D. 71-121-10.-The meetings of the Advisory Board shall be held in public unless otherwise decided at the request of at least half of the members of the Board.
"The opinions and deliberations adopted by the Advisory Board are the subject of an official publication in the collection of the administrative acts of the Guyana Prefecture. »
Chapter VI of Book II II of Part VII of the Code is supplemented by the following provisions:
"Art. D. 7226-28.-Sections D. 7226-29 to D. 7226-34 apply to the President and members of the Economic, Social, Environmental, Cultural and Education Council of Martinique.
"Art. D. 7226-29.-The duration of the Hours Credit under section L. 7226-9 is equal for one quarter:
« 1° At seventy hours for the president and vice-presidents of the economic, social, environmental, cultural and education council of Martinique;
« 2° Twenty-one hours for other members of the board.
"Art. O.C. 7226-30.-In light of the requirements of the public education service, the weekly service of staff belonging to teachers' bodies or employment frameworks who receive an hour credit in accordance with section L. 7226-9 is subject to alteration at the beginning of the school year.
"The duration of the credit of hours is divided between the time of service carried out in the presence of the students their statutory incumbency and the additional time of service that they are indebted according to theArticle 1 of Decree No. 2000-815 of 25 August 2000 relating to the development and reduction of working time in the public service of the State or, when it comes to the territorial public service, pursuant toArticle 1 of Decree No. 2001-623 of 12 July 2001 taken for application ofArticle 7-1 of Act No. 84-53 of 26 January 1984 and relating to the development and reduction of working time in the territorial public service.
"The portion of the credit of hours attributable to the time of the service carried out in the presence of the students is obtained by weighting the credit of hours in relation to the duration of the time of service carried out in the presence of the students and the duration set out in article 1 of the decree of 25 August 2000 already cited or, if applicable, in article 1 of the decree of 12 July 2001 already cited.
"Art. D. 7226-31.-In the case of part-time work, the hour credit shall be reduced pro rata of the relationship between the hours entered in the contract of employment of the employee concerned, according to the provisions of Article L. 3123-14 of the Labour Code, and the legal weekly duration of the work defined in Article D. 7226-32 of this Code.
"In the case of a civil servant governed by titles II, III or IV of the general status of the public service or a non-public official of the State, a territorial authority or their public administrative institutions, who exercises his or her functions on a part-time basis, the credit of hours shall be reduced pro rata from the relationship between the annual duration of the part-time service and the legal annual duration of the work defined in article D. 7226-33.
"Art. D. 7226-32.-To determine the maximum time to which elected employees are entitled under Article L. 7226-9, the legal duration of work for a calendar year shall be assessed on the basis of the weekly legal duration established by the lawful period established by theArticle L. 3121-10 of the Labour Codededucting five weeks of paid leave and holidays.
"However, when it is derogated from this term either by decrees in council of ministers or by agreement or collective agreement under the conditions provided for in theArticle L. 3122-47 of the Labour Code, in the event of an equivalence regime established under the conditions set out in Article L. 3121-9 of the same code, the duration of the work as a result of these exemptions shall be taken into account.
"The weekly duration of work taken into account for employees governed by a temporary employment contract is that fixed in this contract under the terms of 4° of Article L. 1251-43 of the Labour Code.
"Art. O.C. 7226-33.-To determine the maximum period of absence to which, pursuant to Article L. 7226-9, elected officials who have the status of an official governed by titles II, III or IV of the general statute of the public service or of a non-public servant of the State, a territorial authority or their administrative public institutions, the legal duration of the work for a calendar year shall be assessed on the basis of the annual period toArticle 1 of Decree No. 2000-815 of 25 August 2000 or to theArticle 1 of Decree No. 2001-623 of 12 July 2001 or to theArticle 1 of Decree No. 2002-9 of 4 January 2002.
"However, when it is derogated from this annual period, it shall be taken into account the duration of the work as it results from these derogations under the conditions established, as the case may be, by the decree of 25 August 2000 or the decree of 12 July 2001 or the decree of 4 January 2002 already cited.
"Art. D. 7226-34. - Regardless of the cost of teaching which is borne by the community budget, the travel and living expenses of the president and members of the economic, social, environmental, cultural and educational council of Martinique, referred to in Article L. 7226-10, are borne by the community under the conditions defined by the Decree No. 2006-781 of 3 July 2006 setting out the conditions and procedures for the payment of costs caused by the temporary movement of State civilian personnel. »
In section 3 of chapter VII of Book II of Part VII of the Code, Part VII of the Code, a sub-section 4 is created as follows:
"Subsection 4
« Cheque service
"Art. D. 7227-29.-The deliberation by which the Assembly of Martinique grants the financial assistance provided for in Article L. 7227-24 may specify the terms and conditions for the allocation and control of such assistance, including the possible splitting of its payment.
"The President of the Executive Council shall communicate to the Assembly of Martinique, for each calendar year, an individual summary of the assistance provided to the beneficiaries.
"Art. D. 7227-30.-To be eligible for financial assistance under Article L. 7227-24, the elected officials concerned must produce any document justifying the use of a universal service employment cheque in accordance with the aforementioned article.
"Art. D. 7227-31.-The maximum amount of this assistance is equal to the amount determined by theArticle D. 7233-8 of the Labour Code, by calendar year and recipient using one or more services funded by this assistance.
"It cannot exceed the cost of the services provided by the recipient.
"Art. D. 7227-32.-The President of the Executive Board shall communicate to the elected recipient of the financial assistance, before February 1 of the year following that of his or her assignment, a certificate stating the total amount of the aid received and specifying its non-taxable nature.
"The annual declaration provided by theArticle 87 of the General Tax Code subscribed by the local authority of Martinique mentions, for each beneficiary, the amount of assistance granted by the assembly of Martinique. »
In section 4 of chapter VII of Book II of Part VII of the Code, a sub-section 1 is created as follows:
"Subsection 1
“Social security
"Art. D. 7227-33.-Any councillor to the assembly of Martinique or any executive councillor who receives work allowances and who cannot, in the event of illness, maternity, paternity or accident, perform his or her duties beyond a period of fifteen frank days, shall indicate to the territorial community of Martinique the amount of his or her daily allowances which, if any, are paid by his or her social security regime in the amount of compensation
"In the event of overpayment, the community shall rehearse the undue from the receipt of the daily allowances by the elect and the statement of their amount.
"When the elect is not entitled to any day-to-day compensation scheme or fails to meet the conditions to receive compensation from the social security regime under which the electorate operates, the service allowances shall be maintained in full during the period of the work order.
"In the event of cumulative mandates, the provisions in the first paragraph of this section apply to each mandate.
"Art. D. 7227-34.-Where the period of deficiency provided for by the social security regime for which the councilor to the meeting of Martinique or the executive councillor for the payment of the daily allowances is greater than the fifteen-day period set out in section D. 7227-33, he shall be paid in full during the period not giving rise to the payment of any daily allowance. »
Chapter VI of Book IV title III of Part IV of the General Code of Territorial Communities (regulatory part) is repealed.
The Minister of the Interior, the Minister of Decentralization and the Public Service and the Minister of Overseas 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 December 23, 2015.
Manuel Valls
By the Prime Minister:
Minister of Overseas,
George Pau-Langevin
The Minister of the Interior,
Bernard Cazeneuve
Minister of Decentralization and Public Service,
Marylise Lebranchu
