Key Benefits:
Public officials concerned: contractual agents of public law of the territorial civil service.
Subject: rules setting out the conditions of employment, management, reclassification and termination of functions of contractual agents of local authorities and their institutions.
Entry into force: the decree comes into force on January 1, 2016. The new rules applicable to termination and termination proceedings and the reclassification obligations are applicable to proceedings initiated after the issuance of the decree. The new provisions for professional maintenance are applicable to post-January 1, 2016.
Notice: The purpose of the decree is to:
- to determine the criteria for remuneration of contractual agents;
- extend professional maintenance to contractual agents recruited on permanent jobs by fixed-term contract for more than one year and organize this professional interview annually;
- specify the conditions for recruitment of contractual agents of foreign nationality;
- complete the mandatory statements to be included in the contract (precise means of recruitment and the hierarchical category of employment);
- supervise the duration of the trial period according to the duration of the contract;
- to align the rules for calculating seniority for the granting of certain rights (rights to leave, training, reassessment of remuneration, access to internal competitions, payment of termination allowance) with those introduced by the Act of 12 March 2012 in the Act of 26 January 1984 for the transformation of fixed-term contracts into indefinite-term contracts;
- provide for the obligation to issue at the end of the contract by the territorial authority an administrative certificate attesting to the duration of the actual services performed;
- clarify the conditions for the renewal of contracts, reclassification obligations and termination and termination procedures.
References: the text amended by this decree can be consulted in its version following this amendment 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 code of social action and families;
Considering the code of entry and residence of foreigners and the right to asylum;
Considering the criminal code;
Considering the social security code;
Considering the labour code;
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 amended Decree No. 87-602 of 30 July 1987 for the application of Act No. 84-53 of 26 January 1984, which contains statutory provisions relating to the territorial public service and relating to the organization of medical committees, the conditions of physical fitness and the regime of sick leave of territorial officials;
Having regard to the amended Decree No. 88-145 of 15 February 1988, adopted pursuant to section 136 of the amended Act of 26 January 1984, establishing statutory provisions for the territorial public service and relating to non-public territorial officials;
Having regard to amended Decree No. 96-1087 of 10 December 1996 on the recruitment of disabled workers in the public service for the purposes of article 38 of Act No. 84-53 of 26 January 1984 on statutory provisions relating to the territorial public service;
Having regard to amended Decree No. 2004-777 of 29 July 2004 on the implementation of part-time in the territorial public service;
In view of the amended Decree No. 2005-904 of 2 August 2005 adopted for the application of Article 38 bis of Act No. 84-53 of 26 January 1984 on statutory provisions relating to the territorial public service;
In view of the amended Decree No. 2007-1845 of 26 December 2007 on vocational training throughout the life of officials of the territorial public service;
In view of Decree No. 2014-1526 of 16 December 2014 on the appraisal of the professional value of territorial officials;
Having regard to the opinion of the Superior Council of the Territorial Public Service dated 1 July 2015;
Considering the advice of the National Standards Assessment Board dated 23 July and 10 September 2015;
The State Council (Section of Administration) heard,
Decrete:
The above-mentioned decree of 15 February 1988 is amended in accordance with the provisions of articles 2 to 54 of this decree.
In the title and the provisions of the decree, the words "non-responsive agents" are replaced by the words "contractual agents".
Section 1 is replaced by the following:
"Art. 1.-The provisions of this Order apply to contractual agents of public law of the communities and establishments referred to in section 2 of the Act of 26 January 1984 referred to above, who are recruited or employed under the conditions defined in sections 3,3-1,3-2,3-3,47,110 and 110-1 of the Act of 26 January 1984 referred to above, or who are held in office under the second or third paragraph of section 139 of section 136,
"They also apply to recruits:
« 1° Pursuant to the seventh and eighth paragraphs of Article 38 of the above-mentioned Act of 26 January 1984, under the conditions laid down in Article 10 of Decree No. 96-1087 of 10 December 1996;
« 2° Under the conditions provided for in Article 14 ter of the above-mentioned Act of 13 July 1983 and Article L. 1224-3 of the Labour Code;
« 3° Pursuant to Article 38 bis of the law of 26 January 1984 referred to above, under the conditions provided for in Article 3 of Decree No. 2005-904 of 2 August 2005;
« 4° To carry out the tasks of a mother's assistant or family assistant provided for in articles L. 421-1 and L. 421-2 of the social action code and families, under the conditions provided for in article R. 422-1 of the same code.
"The provisions of this Order are, however, not applicable to agents engaged in a specific, ad hoc and limited task to the execution of specific acts. »
Section 1-2 is replaced by the following:
"Art. 1-2.-The amount of compensation shall be determined by the territorial authority, taking into account, inter alia, the duties occupied, the qualification required for their exercise, the qualification held by the officer and his experience.
"The remuneration of employees for an indefinite period is subject to re-evaluation at least every three years, particularly in the light of the results of professional interviews provided for in section 1-3 or the evolution of duties. »
Section 1-3 is replaced by the following:
"Art. 1-3.-I.-Recruitment of permanent employment by indefinite contract or fixed-term contract for a term of more than one year shall be carried out annually by a professional interview which shall give rise to a record.
"This interview is conducted by the direct supervisor.
"The date of this interview is fixed by the direct supervisor, in particular, on the schedule of the parity advisory board to which the officer is assessed.
"This interview focuses on the following:
« 1° The professional results obtained by the officer in respect of the objectives assigned to him and the conditions for the organization and operation of the service to which he or she relates;
« 2° The objectives assigned to the officer for the coming year and the prospects for improving his/her professional results, taking into account, where appropriate, predictable changes in the organization and operation of the service;
« 3° How to serve the agent;
« 4° The achievements of his professional experience;
« 5° Where applicable, its managerial capacity;
« 6° The training needs of the officer in respect of, inter alia, his or her assignments, the skills he or she must acquire and his or her professional project;
« 7° His career prospects, including his plans to prepare for public service access competitions and employment frameworks.
"II.-The criteria from which the professional value of the agent is valued, at the end of this interview, are based on the nature of the tasks entrusted to him and the level of responsibility assumed. These criteria, which are set after the advice of the Technical Committee, include:
« 1° The professional results obtained by the agent and the achievement of the objectives;
« 2° Professional and technical skills;
« 3° Relationship qualities;
« 4° The managerial or expertise capacity or, where applicable, to perform functions of a higher level.
"III.-The maintenance report is prepared and signed by the officer's direct supervisor. It has a general literal appreciation expressing the professional value of the latter.
"IV.-The organizational arrangements for professional maintenance are as follows:
« 1° The officer shall be summoned at least eight days before the date of maintenance by the direct supervisor;
« 2° The summons is accompanied by the mailing sheet of the interested person and a copy of the professional maintenance record as the basis for the record;
« 3° The report covers the topics set out in I as well as all other topics that, if any, may have been addressed during the interview;
« 4° Within a maximum period of fifteen days the record is notified to the officer who, if any, completes it by his observations on the conduct of the interview or the various subjects on which he has carried, the sign to certify that he has been aware of it and refers it to his direct supervisor;
« 5° The record, if any, supplemented by the officer's observations, is subject to territorial authority;
« 6° The record is paid to the agent's file by the territorial authority and notified to that agent;
« 7° When the local authority or local public institution is affiliated with a management centre, a copy is provided to the management centre, within the time frame consistent with the organization of the parity advisory boards.
"V.-The territorial authority may be seized by the agent of an application to review the performance report.
"This request for review shall be made within fifteen frank days of notification to the maintenance officer. The territorial authority shall notify its response within fifteen frank days from the date of receipt of the request for a review of the professional maintenance record.
"Parity advisory boards may, at the request of the interested party, subject to the prior application of the request for review referred to in the preceding paragraph, propose to the territorial authority the modification of the professional maintenance record. In this case, communication must be made to the commissions of any useful information. Joint advisory boards must be seized within one month of the date of notification of the territorial authority's response following a request for review.
"The territorial authority shall communicate to the officer, who shall acknowledge receipt, the final report of the professional maintenance. »
Section 2 is replaced by the following:
"Art. 2.-No contractual agent may be recruited:
« 1° If it is subject to a prohibition of all or part of its civic rights pronounced by a court decision based on articles 131-26 and 132-21 of the Criminal Code;
« 2° If applicable:
“(a) If, being of French nationality, the references to Bulletin No. 2 of its criminal record are incompatible with the exercise of the functions;
“(b) If, being of French nationality, he was subjected, in a State other than France, to a condemnation incompatible with the exercise of the functions;
"(c) If, being a foreign national or stateless person, he or she has suffered, in France or in a State other than France, a conviction incompatible with the performance of the duties.
"To this end, the territorial authority verifies that persons of foreign nationality or stateless persons may be recruited by it;
« 3° If it is not in a regular position under the code of the national service of the State of which it is a national;
« 4° If it does not meet the conditions of physical fitness required for the performance of functions, taking into account the possibilities of compensation for the disability;
"The same medical certificates as those required to be appointed to a position of a public servant under the existing regulations must be produced at the time of recruitment.
"In the event that the general medical practitioner has concluded that a further examination is appropriate for the search for one of the conditions eligible for serious sick leave provided for in section 8, the person concerned shall be subjected to the examination of a qualified medical specialist.
"Medical examinations are carried out by registered physicians referred to in Article 1 of Decree No. 87-602 of 30 July 1987 for the purposes of the amended Act of 26 January 1984 providing statutory provisions relating to the territorial public service and relating to the organization of medical committees, the conditions of physical fitness and the regime of sick leave of territorial officials;
« 5° If it fails to provide, where appropriate, work certificates attesting to its formerty of public services issued pursuant to section 38 of this Decree, when it has already been recruited by one of the territorial authorities or one of the public institutions referred to in section 2 of the law of 26 January 1984 referred to above;
« 6° If, being a foreign national, he is not in a regular position with respect to the provisions relating to residence documents of the code of entry and residence of aliens and the right of asylum.
"The condition at 3° does not preclude the recruitment of a foreigner who has been granted refugee status pursuant to Book VII of the Code of Entry and Residence of Aliens and the Right of Asylum and the recruitment of a stateless person to whom the resident card was issued under the conditions set out in Article L. 314-11 of the same Code. »
After Article 2, an article 2-1 is inserted as follows:
"Art. 2-1.- Contractual agents of foreign nationality or stateless persons may not be recruited to fill jobs whose functions are not separable from the exercise of sovereignty, or involve direct or indirect participation in the exercise of prerogatives of public power. »
Section 3 is replaced by the following:
"Art. 3.-The officer is recruited by a written contract. The contract refers to the article of the law of 26 January 1984 referred to on the basis of which it is established. When it is concluded pursuant to sections 3 and 3-3 of the Act of 26 January 1984 referred to above, it specifies the paragraph under which it is established.
"The contract specifies its effective date, duration and, if any, the date on which it terminates. It defines the occupied position as well as the hierarchical category, as defined in the third paragraph of section 5 of the above-mentioned Act of 26 January 1984, whose employment falls.
"This contract also specifies the conditions of employment and remuneration and the rights and obligations of the agent.
"If the community has adopted a document summarizing all opposable service instructions to incumbent and contractual agents, it is attached to the contract.
"The contract entered into for a reason of temporary replacement of absent, temporary employment or temporary or seasonal growth of activities includes a precise definition of the reason for recruitment.
"The specific description of the vacant position to be filled is annexed to the contract concluded to ensure the temporary vacancy of a job under section 3-2 of the Act of 26 January 1984 referred to above.
"The certificates of work issued by the territorial authorities and their public institutions are annexed to the contract under the conditions provided for in Article 38 of this Decree. »
Section 4 is replaced by the following:
"Art. 4.-The contract may include a trial period that allows the territorial community or the public institution to assess the agent's skills and to assess whether the duties of the officer are appropriate to it.
"However, no trial period may be provided where a new contract is entered into or renewed by the same territorial authority with the same agent to perform the same functions as those provided for in the previous contract, or to occupy the same job as that previously occupied.
"The initial duration of the trial period may be modified by a working day per week of contract duration, within the limit:
"-of three weeks when the original contract period is less than six months;
"-a month where the original contract duration is less than one year;
“-of two months when the original contract period is less than two years;
“-of three months where the original contract period is equal to or greater than two years;
"-of three months when the contract is concluded for an indefinite period.
"The trial period may be renewed once for a period of not more than its original duration.
"The trial period and its duration and the possibility of renewing it are expressly stipulated in the contract.
"The termination in progress or at the end of the trial period may only occur after a prior interview in which the officer may be assisted by the person of his or her choice in accordance with the third paragraph of section 42. The termination decision shall be notified to the person concerned by a registered letter with a request for notice of receipt or by a hand-delivered letter against discharge.
"No notice period is required when the decision to terminate the contract occurs during or after a trial period.
"The termination during a trial period must be motivated.
"The termination during or on the expiry of a trial period does not result in the payment of the termination allowance under X."
In the second paragraph of Article 5, the words "as a result of the administration" are replaced by the words "as a result of the territorial authority, in particular because of the definition of the annual leave schedule."
In the first paragraph of Article 6, the words: "Decree No. 85-1076 of 9 October 1985 taken for the purposes of Articles 4.5 and 6 of Act No. 84-594 of 12 July 1984 and relating to the exercise of the right to formation of agents of the territorial public service" are replaced by the words: "Decree No. 2007-1845 of 26 December 2007 on vocational training throughout the life of agents of the territorial public service. »
In the first paragraph of Article 8, the words: "continuously used" are deleted.
I.-The title III: "Health, Maternity, Paternity, Adoption or Occupational Accident Leaves" is replaced by the following title:
« Title III.-Terms for health, maternity, paternity, fostering of a child, adoption or accident of work or occupational disease ».
II.-A Article 10, after the word "paternity", are inserted the words "to a child's welcome leave".
Section 11 is amended as follows:
1° In the first paragraph, after each occurrence of the word: "paternity" are inserted the words: "to receive a child";
2° In the third paragraph the words: "In case" are replaced by the words "In other cases" and the words: "motherhood, paternity or adoption" repeated twice as well as the words: "for maternity, paternity or adoption" are deleted.
Section 12 is amended as follows:
1° After each occurrence of the word "paternity" or the words "paternity" are inserted, respectively, the words ", reception of a child" or the words ", reception of a child";
2° The last paragraph is supplemented by the following provisions: "This referral does not extend the duration of the fixed-term contract. »
Section 13 is replaced by the following:
"Art. 13.-I.-The contracting agent physically fit to resume his or her service after sick leave, severe illness, injury to work, occupational disease, maternity, paternity, childcare or adoption is re-employed under the conditions defined in section 33.
"II.-A temporary contracting agent who is temporarily unfit for health reasons to resume his or her service after sick leave, severe illness, maternity, paternity, child care or adoption is placed on leave without pay for a maximum of one year, which may be extended by six months if it results from a medical notice that the agent will be able to resume his or her duties at the end.
"If the officer is at the end of the leave without pay in the situation set out in sections 9 or 10, the benefit of the leave provided by either of these items is granted to him.
"At the end of his leave without pay as provided for in this II and article 11, the contracting agent physically unfits to resume his service is terminated in accordance with the terms set out in III.
"At the end of his leave without pay entitlements provided for in this II and in section 11, the physically fit contractual agent is re-employed under the conditions defined in section 33. Where the length of such leave is equal to or greater than one year, the contracting agent may only be re-employed if the request is made by registered letter with a request for notice of receipt no later than one month before the leave expires. In the absence of such a request in due course, the agent is considered to be resigned.
"III.-As a result of sick leave, severe illness, injury to work, occupational illness or maternity, paternity, reception of a child or adoption, when it has been medically found by the registered physician that an officer is, in a final manner, attained a physical incapacity to occupy his or her employment, termination can be pronounced only when the reclassification of the employment
« 1° This reclassification applies to staff recruited for permanent employment pursuant to section 3-3 of the Act of 26 January 1984 referred to in an indeterminate or fixed-term contract when the term of the reclassification is later than the date on which the reclassification application is made. The reclassification is then proposed for the remaining period before the contract term.
"It is carried out on a job in the same hierarchical or default category, and subject to the express agreement of the agent, a job in a lower class.
"The proposed job is adapted to the health of the agent and compatible with its professional skills. The proposal takes into account, for this purpose, the medical recommendations regarding the ability of the agent to perform other functions within the community or the institution that employs it.
"The reclassification offer relates to the employment of services under the territorial authority that recruited the agent. The proposed reclassification offer to the agent is written and accurate;
« 2° When the territorial authority intends to dismiss an agent for final physical incapacity, it shall summon the person concerned to a pre-examination in accordance with the terms defined in Article 42. At the end of the consultation with the appropriate parity advisory board, the Commission shall notify the Commission of its decision by registered letter with request for notice of receipt or by hand-delivered letter against discharge.
"This letter specifies the reason for termination and the date on which the termination is to take place, taking into account the remaining annual leave entitlements and the period of notice provided for in section 40.
"This letter also invites the interested party to submit a written request for reclassification within half of the notice period provided for in section 40 and indicates the conditions under which reclassification offers may be sent to the applicant.
"The agent may give up at any time for notice.
« 3° In the event of reclassification, the termination or modification of the prior contract of the agent shall not apply to the termination of the contract under Chapter I or to the termination provisions in Chapter II of Title X;
« 4° When the officer refuses the benefit of the reclassification procedure or in the event of the absence of a request made within the period specified in the penultimate paragraph of 2°, the officer shall be terminated at the end of the notice provided for in section 40;
« 5° In the case that the officer has made an application for reclassification and where the reclassification cannot be proposed before the notice provided for in section 40 is issued, the officer shall be placed on leave without pay, after the notice, for a maximum period of three months pending reclassification under the conditions set out in 1°;
"The employee's placement on leave without pay suspends the effective date of termination. A certificate of suspension of the employment contract by the territorial authority is issued to the agent.
"The officer may at any time, during the three-month period mentioned above, waive his reclassification request. He is then fired.
"In the event of refusal of employment proposed by the territorial employer or in the event of impossibility of reclassification at the end of leave without pay for three months, the officer is terminated.
"IV.-The termination, however, cannot take place before the expiration of a period of four weeks without pay following the termination of maternity, paternity, reception of a child or adoption. Where applicable, termination shall be deferred until the expiry of the rights of the person on maternity leave or paid sickness;
"V.-The termination cannot intervene without the person concerned being able to request the communication of his medical file and his individual file. »
Section 14 is amended as follows:
1° In the first paragraph, the words "used continuously and" are deleted.
2° In the first paragraph, after the word: "paternity" are inserted the words: "to receive a child";
3° The IV is replaced by the following:
"IV.-The duration of parental leave shall be taken into account in its entirety in the first year and for half in the following years, for the calculation of the seniority or the duration of the actual service required for the reassessment or evolution of the conditions of their remuneration, for the opening of the leave entitlements provided for in this decree and the rights related to training, for the recruitment by way of the examinations provided for in the 2nd of the classification of the law of 26 January 1984 »
The I of Article 14-2 is amended as follows:
1° In the second paragraph, the words: "This leave is open to the father and mother" are replaced by the words: "This leave, which is granted right to the agent, is open";
2° The last preambular paragraph shall be replaced by a subparagraph to read:
"During parental leave periods, the contracting agent does not have a pension entitlement. »
Section 14-3 is amended as follows:
1° In the third paragraph of I, the words: "taking into account for the determination of the benefits of seniority. It » are deleted;
2° In IV, the words "may be" are replaced by the word "is".
Section 15 is amended as follows:
1° In the first paragraph, the words: "continuously" and the words: "with a maximum of one year, renewable within the five-year limit" are deleted;
2° The last paragraph is replaced by two subparagraphs:
"This leave is granted for a maximum period of three years. It may be renewed if the conditions required to obtain it are met.
"This leave is granted within a maximum period of two months from receipt of the agent's request. However, in the event of an emergency related to the state of health of the dependent child, the spouse, the partner with whom the agent is bound by a civil solidarity pact, or the ascendant, the leave begins on the date of receipt of the agent's request. »
Section 17 is amended as follows:
1° In the first paragraph, the words: "continuously for at least three years" are replaced by the words: "for an indefinite period" and the words: "of a leave of the same type" are deleted;
2° In the second paragraph:
(a) The words: " Subject to the provisions of section 32, this leave shall be replaced by the words: "This leave";
(b) The words: "six years" are replaced by the words: "ten years";
(c) The word "successful" is replaced by the words: "with the administrations referred to in Article 2 of the Act of 13 July 1983 referred to above. » ;
3° The last preambular paragraph shall be replaced by a subparagraph to read:
"The initial request for this leave must be addressed to the territorial authority by registered letter with a request for notice of receipt at least two months before the commencement of the leave. »
In section 18, the last paragraph shall be replaced by a paragraph to read:
"The request for leave indicating the start date and duration of the leave and the nature of the activity of the undertaking that it is intended to create or resume must be addressed to the territorial authority at least two months before the start of the leave by registered letter with a request for notice of receipt. »
After Article 18, an article 18-1 is inserted as follows:
"Art. 18-1.-I.-For leave under sections 15,17 and 18, the officer shall, at least three months before the end of the leave, request the renewal of his leave or his request for re-employment by registered letter with a request for notice of receipt.
"II.-If the officer, physically fit, has applied for re-employment within the period referred to in I, he is re-employed at the end of the leave under the conditions set out in Part VIII of this Order.
"If the officer has not made his decision known within the time limit referred to in I, the officer is presumed to waive his employment. The territorial authority shall promptly inform the officer, by registered letter with a request for notice of receipt, of the consequences of his silence. In the absence of an agent's response within fifteen days of receipt of the mail, the agent's contract shall be terminated, in full right and without compensation, at the end of the leave.
"III.-The officer may request, under the same conditions as those set out in I, that leave be terminated before the original term. This application is addressed to the territorial authority, following a three-month notice that the officer is re-employed under the conditions set out in Part VIII.
"However, in the event of a serious reason, particularly in the event of a reduction in household income, the re-employment conditions defined in Part VIII apply upon receipt by the agent's re-employment request authority. »
In the last paragraph of section 20, the words: "benefits related to seniority" are deleted.
A new title VI, entitled:
« Title VI: Part-time work »,
including article 21 as follows:
"Art. 21.-The contracting agent may receive a part-time service under the conditions defined in headings II, III and IV of Decree No. 2004-777 of 29 July 2004 on the implementation of part-time in the territorial public service. »
The title VII is replaced by the following title:
"Terms for the opening of rights subject to age. »
Section 27 is replaced by the following:
"Art. 27.-The duration of the leave provided for in sections 5,6,7,8,9,10,14-2,14-3,16 and 20 shall be taken into account for the determination of the seniority or the duration of the effective service required for the reassessment or evolution of the conditions of pay, for the opening of the rights related to training, for the recruitment by means of the competitions provided for in 2° of section 36 of the Act of 26 January 1984 »
Section 28 is replaced by the following:
"Art. 28.-I.-The leave provided for in Articles 5,6,7,8,9,10,14-2,14-3,16 and 20 shall be taken into account in determining the period of service required for the opening of leave entitlements under Parts II, III and IV.
"The leave not listed in the first paragraph does not lose the seniority acquired prior to their grant.
"II.-For contract officers recruited under one of the legal foundations referred to in section 1 of this Order, with the exception of section 3-3 of the above-mentioned Act of 26 January 1984, the period of service required for the opening of leave rights provided for in sections 7.9.10 shall be calculated in the light of all services performed with the territorial community or the public institution that have recruited the public office
"The period of service required for the opening of leave entitlements not mentioned in the preceding paragraph is deducted from the date on which the current contract was originally entered, even if since then it has been renewed.
"III.-For other officers recruited under section 3-3 of the above-mentioned Act of 26 January 1984, the duration of service required for the opening of leave entitlements under headings II, III and IV shall be calculated taking into account all services performed with the territorial community or the public institution that recruited the officer, including those performed prior to the termination of office, provided that the latter does not exceed four months. »
The first paragraph of section 29 is replaced by the following provisions:
"Art. 29.-For officers held in office pursuant to the second or third paragraph of section 136, section 139 or section 139 bis of the Act of 26 January 1984 referred to above, the period of service required for the opening of leave rights provided for in Parts II, III and IV shall be calculated in the light of all services performed with the territorial community or the public institution, including those performed before an involuntary period However, prior services are taken into account if the period of interruption over one year is due to the completion of the national service. »
In section 29-1, the reference to section 20 of Act No. 2005-843 of 26 July 2005 is replaced by the reference to section L. 1224-3 of the Labour Code.
In Article 30, the word "continuous" and the words "to perform part-time service" are deleted.
Title VII bis.-Cessation progressive d'activité-, including sections 32-1 to 32-5, is repealed.
Section 33 is amended as follows:
1° After the word: "paternity", are inserted the words ", welcome of a child";
2° In the last paragraph, the words "articles 47 and 110" are replaced by the words "articles 47,110 and 110-1".
Section 35 is repealed.
The title VIII bis "Disposal and mobility" is replaced by the following title:
« Title VIII bis.-Mobility ».
Section 35-1 is amended as follows:
1° In III, the words: "at 1°, 2° and 3° of Article 136" are replaced by the words: "at 1°, 2°, 3° and 4° of Article 136";
2° In the second paragraph of the IV, after the words: "this convention defines, in particular" the words: "the duration of the provision, the conditions of its renewal,"
3° In VI, the words "six years" are replaced by the words "ten years".
After section 35-2, an article 35-3 is inserted as follows:
"Art. 35-3.-The contracting officer recruited under section 3-3 of the Act of 26 January 1984 referred to above to occupy a permanent job shall, on his request, be granted leave without pay when he is admitted to following either a preparatory cycle for a competition giving access to one of the jobs of public officials mentioned in section 2 of the law of 13 July 1983 referred to above, to a military employment, an officer of the parliamentary assemblies or a judge
"This leave is granted for the duration of the preparatory cycle, the internship and, where applicable, the pre-training period. It is renewed by law when these periods are extended.
"If, at the end of the course, the officer is registered, he is terminated in full right without compensation or notice.
"If the agent is not admitted to the competition, at the end of the preparatory cycle, or is not held at the end of the internship, he is re-employed under the conditions defined in section 33. For staff recruited by fixed-term contract, this re-employment applies for the duration of the remaining commitment. »
The last paragraph of section 36-1 is replaced by the following provisions:
"Every individual decision relating to disciplinary sanctions other than warning and blame is subject to consultation with the parity advisory board provided for in section 136 of the above-mentioned Act of 26 January 1984. The decision to impose a disciplinary penalty must be motivated. »
The title X "Renewal of the undertaking, resignation and termination" is replaced by the following title:.
« Title X-Fin de contrat-Licenciement »
At the top of title X, section 38 is replaced by the following:
"Art. 38.-.- Upon the expiration of the contract, the territorial authority shall issue to the agent a certificate that contains the following exclusively:
« 1° The date of recruitment of the agent and the date of termination of contract;
« 2° The duties of the officer, the hierarchical category of the officer and the duration of the performance of the duties;
« 3° Where applicable, leave periods not equivalent to actual working periods. »
I.-It is created, after section 38, a chapter entitled:
"Chapter I: End of contract."
II.-It is inserted, at the top of chapter I, an article 38-1 as follows:
"Art. 38-1.-Where a contracting agent has been engaged for a specified period of time that may be renewed under the applicable legislative or regulatory provisions, the territorial authority shall notify the territorial authority of its intention to renew or not the undertaking at the latest:
"eight days before the term of engagement for the officer recruited for a period of less than six months;
"one month before the term of appointment for the officer recruited for a period of six months and less than two years;
"-two months before the term of engagement for the officer recruited for a period of more than two years;
"-three months before the term of the undertaking for an agent whose contract is likely to be renewed for an indefinite period under the applicable legislative or regulatory provisions.
"These durations are doubled, within four months, for disabled personnel mentioned in 1°, 2°, 3°, 4°, 9°, 10° and 11° of Article L. 5212-13 of the Labour Code, as the recognition of disability has been previously declared to the employer and within sufficient time.
"The notification of the final decision shall be preceded by an interview where the contract is likely to be renewed for an indefinite period or where the duration of the contract or all contracts concluded on permanent employment in accordance with Article 3-3 of the Act of 26 January 1984 referred to above is greater than or equal to three years.
"Parity advisory boards are obligatoryly consulted on individual decisions relating to the non-renewal of the contract of persons invested with a trade union mandate.
"For the determination of the duration of the notice period, the duration of the appointment referred to in the second, third, fourth and fifth subparagraphs shall be deducted in the light of all contracts with the agent, including those entered into prior to an interruption of duties, provided that the interruption does not exceed four months and is not due to the resignation of the agent.
"When it is proposed to renew the contract, the contracting agent shall have a period of eight days to communicate, if any, its acceptance. The territorial authority shall inform the officer of the consequences of his silence. In the event of a non-response within the time limit, the person concerned is presumed to renounce his or her employment. »
Section 39 is replaced by the following:
"Art. 39.-The contracting agent who resigns is required to respect a notice that is:
"eight days for the officer who justifies with the authority that recruited him from a service period of less than six months;
"-a month for the person who justifies it with the authority who recruited it from a service period between six months and two years;
"-two months for those who justify to the authority who recruited him from a service seniority of at least two years.
An officer who refrains from returning to work after a maternity or adoption leave is required to notify that intention at least fifteen days before the end of the leave.
The resignation is submitted by registered letter with a request for notice of receipt.
For the determination of the duration of the notice, seniority is deducted until the date of the letter of resignation. It is calculated based on all contracts with the agent, including contracts made prior to an interruption of duties, provided that the interruption does not exceed four months and that it is not due to an officer's resignation.
"The leave taken into account for the determination of this age is those set out in section 27. Leaves not taken into account do not lose seniority acquired before they are granted. »
It is inserted, after section 39, an article 39-1 as follows:
"Art. 39-1.-The non-renewal of a residence permit, the loss of civil rights or the prohibition of public employment by court order on the basis of Article 131-26 of the Criminal Code shall, in full right, result in the termination of the contract, without notice or payment of the termination allowance under X.
"However, the agent may apply for re-employment with his previous employer in the event of the issuance of a new residence permit, following the period of deprivation of civic rights or the period of prohibition of public employment, subject to the provisions of section 34 of this Order. »
It is inserted after section 39-1, a chapter title as follows:
Chapter II: Termination.
In the lead of Chapter II of Title X, before Article 40, articles 39-2 to 39-5 are inserted as follows:
"Art. 39-2.-The contracting agent may be terminated for reasons of professional insufficiency.
"The officer must first be able to request the communication of all documents in his individual file, within a sufficient time limit to allow the individual to become aware of them. The right to communication also applies to any documents on which the territorial authority intends to base its decision, even if it is not on the individual file.
"Art. 39-3.-Without prejudice to the provisions relating to dismissal for disciplinary misconduct, for professional insufficiency or for physical incapacity, the dismissal of a contractual officer recruited on permanent employment in accordance with Article 3-3 of the Act of 26 January 1984 referred to above may be justified by one of the following reasons:
« 1° Disappearance of need or termination of employment that justified the recruitment of the agent;
« 2° The transformation of the need or employment that justified the recruitment, when the adaptation of the agent to the new need is not possible;
« 3° Recruitment of an employee when it comes to a job subject to the rule set out in section 3 of the Act of 13 July 1983 referred to above;
« 4° The refusal by the agent of a modification of a substantial element of the proposed contract under the conditions set out in section 39-4;
« 5° The impossibility of re-employment of the officer, under the conditions set out in section 33, following leave without pay.
"Art. 39-4.-In the event of a change in need or employment that justified the recruitment of the contractual agent on a permanent job in accordance with Article 3-3 of the Act of 26 January 1984 referred to above, the authority may propose the modification of a substantial element of the contract of work such as the quotity of the officer's work time, or a change in his place of work. It may propose under the same conditions a modification of the functions of the agent, provided that the agent is compatible with the professional qualification of the agent. When such an amendment is considered, the proposal shall be sent to the agent by registered letter with a request for notice of receipt or by hand-delivered letter against discharge.
"This letter informs the agent that he has one month from the date of his receipt to make known, if any, his acceptance and informing him of the consequences of his silence.
"If there is no response within one month, the agent is deemed to have refused the proposed amendment.
"Art. 39-5.-I.-The termination of employment for one of the reasons provided for in section 39-3, excluding that provided for in the 5th, may only be pronounced when the reclassification of the agent is not possible in any other job other than the law of January 26, 1984 referred to above authorize the provision of a contracting agent and in accordance with the legal provisions governing the recruitment of contracting agents. This reclassification applies to staff recruited on permanent employment in accordance with section 3-3 of the Act of 26 January 1984 referred to above, by indefinite contract or by fixed-term contract when the term of the reclassification is after the date on which the reclassification request is made. The reclassification is then proposed for the remaining period before the contract term.
"It is carried out on a job in the same hierarchical or default category, and subject to the express agreement of the agent, a job in a lower class.
"The reclassification offer relates to the employment of services under the territorial authority that recruited the agent. The proposed reclassification offer to the agent is written and accurate. The proposed job is compatible with its professional skills.
"II.-When the territorial authority intends to dismiss an agent for one of the reasons referred to in I of this article, it shall summon the person concerned to a prior interview in accordance with the terms defined in Article 42. At the end of the consultation of the parity advisory board, provided for in section 136 of the above-mentioned Act of 26 January 1984, the Commission shall notify the Commission of its decision by registered letter with request for notice of receipt or by hand-delivered letter against discharge.
"This letter specifies the reason(s) for the termination and the date on which the termination is to take place, taking into account the remaining annual leave entitlements and the period of notice provided for in section 40.
"This letter also invites the interested party to submit a written request for reclassification, within half of the notice period provided for in section 40, and indicates the conditions under which reclassification offers may be sent to the applicant.
"III.-In the event of reclassification, the provisions relating to the termination of the contract under Chapter I shall not apply to the termination or modification of the prior contract of the agent and to the termination provisions in this chapter.
"IV.-Where the agent refuses the benefit of the reclassification procedure or in the event of an absence of a request made within the period specified in the third paragraph of this section, the officer shall be terminated after the notice provided in section 40.
"V.-In the case that the officer has made an application for reclassification and where the reclassification is not available before the notice provided for in section 40, the officer shall be placed on leave without pay at the end of that period for a maximum of three months, pending reclassification under the conditions provided for in I of this section.
"The employee's placement on leave without pay suspends the effective date of termination. A certificate of suspension of the contract by the territorial authority is issued to the agent.
"The officer may at any time, during the three-month period referred to in the first paragraph of paragraph V of this section, return to his reclassification request. He is then fired.
"In the event of refusal of employment proposed by the territorial authority or in the event of impossibility of reclassification at the end of leave without pay for three months, the officer is terminated.
"The territorial authority shall bring to the attention of the parity advisory board provided for in section 136 of the Act of 26 January 1984 referred to the grounds that, if any, prevent the reclassification of the agent under the conditions laid down in this section and in the III of Article 13. »
Section 40 is replaced by the following:
"Art. 40.-The officer recruited for an indefinite period and the agent who, in a fixed-term contract, is terminated before the term of the contract, is entitled to a notice that is:
"eight days for the officer who justifies with the authority that recruited him from a service period of less than six months;
"-a month for the person who justifies it with the authority who recruited it from a service period between six months and two years;
"-two months for those who justify to the authority who recruited him from a service seniority of at least two years.
"These durations are doubled for disabled personnel mentioned in 1°, 2°, 3°, 4°, 9°, 10° and 11° of Article L. 5212-13 of the Labour Code, to the extent that the recognition of disability has been previously declared to the employer and in sufficient time.
"For the determination of the duration of the notice, the seniority is deducted until the date the notice of termination is sent. It is calculated on the basis of all contracts with the Licensee, including contracts made prior to an interruption of duties, provided that this interruption does not exceed four months and that it is not due to an officer's resignation.
"The leave taken into account for the determination of this seniority is those set out in the first paragraph of Article 28. Leaves not taken into account do not lose seniority acquired before they are granted.
"The date of submission of the recommended letter notifying the termination or the date of handover of the termination letter sets the point of departure of the notice.
"The notice does not apply to terminations under section 4 and IX."
In the first paragraph of Article 41, after the word: "paternity" are inserted the words: "to receive a child. »
Section 42 is replaced by the following:
"Art. 42.-The termination can only take place after a prior interview. The summons to the pre-maintenance shall be carried out by registered letter with a request for a notice of receipt or by hand-delivered letter against discharge. This letter indicates the purpose of the summons.
"The prior maintenance may not take place less than five working days after the submission of the recommended letter or the proper handover of the summons letter.
"The agent can be accompanied by the person of his choice.
"In the course of pre-examination, the territorial authority shall indicate to the officer the reason(s) for termination. In the event of termination for any of the reasons provided for in section 13 or at 1° to 4° of section 39-3, the territorial employer shall inform the officer of the period in which he must submit his written request for reclassification and the conditions under which reclassification offers are presented. »
After section 42, articles 42-1 and 42-2 are inserted as follows:
"Art. 42-1.-When after the maintenance provided for in section 42 and the consultation of the parity advisory board provided for in section 136 of the above-mentioned Act of 26 January 1984, the territorial authority decides to terminate an agent, it shall notify the territorial authority of its decision by registered letter with request for notice of receipt or by hand-delivered letter against discharge. This letter specifies the reason(s) for termination, as well as the date on which the termination must take place, taking into account the remaining annual leave entitlements and the period of notice.
"Art. 42-2.-The consultation of the parity advisory board provided for in section 136 of the above-mentioned Act of 26 January 1984 must take place before the prior maintenance referred to in section 42 in the event of the termination of an agent:
« 1° sitting in an advisory body in which the participation of territorial civil servants and contractual agents is exercised;
« 2° Having obtained in the twelve months preceding this termination a special authorization of absence granted under articles 16 and 17 of Decree No. 85-397 of 3 April 1985 concerning the exercise of the right to organize in the territorial public service;
« 3° Benefiting from a discharge of service activity granted under section III of chapter II of the same decree equal to or greater than 20% of its working time.
"This consultation is also required in the event of termination of the former staff representative referred to in 1°, during the twelve months following the expiration of his or her term of office, or the non-elected candidate, for a period of six months after the date of election for the creation or renewal of the advisory body in which the participation of territorial officials and contractual agents is exercised. »
Section 43 is replaced by the following:
"Art. 43.-In the event of termination not acting as a disciplinary penalty, a termination indemnity shall be paid to the officer recruited for an indefinite period or to the officer recruited for a specified period and terminated before the end of the contract.
"The termination allowance shall also be payable to the Licensee under the conditions provided for in the last paragraph of section 14 ter of the Act of 13 July 1983 referred to above or under the conditions provided for in the last paragraph of section L. 1224-3-1 of the Labour Code. »
Section 44 is amended as follows:
1° At 3°, the words: "the age of sixty" are replaced by the words: "the age of entitlement to a pension referred to in Article L. 161-17-2 of the Social Security Code";
2° The article is supplemented by the following 5° and 6°:
« 5° Reclassified according to the provisions set out in 3° of III of Article 13 or III of Article 39-5;
« 6° Accept an amendment to their contract under the conditions set out in section 39-4. »
In the third paragraph of section 46, the words: "the age of 60" are replaced by the words: "the age of entitlement to a pension referred to in article L. 161-17-2 of the Social Security Code" and the words: "beyond the sixtieth anniversary" are replaced by the words: "complete beyond that age".
Section 47 is repealed.
Section 48 is replaced by the following:
"Art. 48.-The period taken into account for the calculation of the termination indemnity as defined in section 46 shall be deducted from the date on which the contract was originally entered into until the date on which the termination occurred, taking into account, where applicable, the remaining annual leave entitlements and the period of notice. When several contracts have passed without interruption or with an interruption not exceeding two months and the latter is not due to the resignation of the agent, the initial date to be taken into account is the date on which the first contract was entered.
"The services must have been performed on behalf of the same territorial community, one of its administrative public institutions or one of the administrative public institutions in which it participates.
"The services cannot be taken into account when they have already been retained in calculating a previous termination allowance.
"The leave taken into account for the determination of this seniority is those set out in the first paragraph of Article 28. Leaves not taken into account do not lose seniority acquired before they are granted.
"Every period during which the functions were performed part-time is deducted proportionally to the work performed. »
The fixed-term contracts in progress on the date of entry into force of this Order are supplemented, on the occasion of their possible renewal, of the mandatory mentions provided for in the first three paragraphs of Article 3 of the Decree of 15 February 1988 referred to in its drafting by this Order.
Indeterminate contracts shall be completed within a period not exceeding six months from the date of entry into force of this Order.
For the calculation of seniority and effective parental leave services, the extension shall be taken into account for its entirety only if the period of parental leave already obtained does not exceed six months at the date of entry into force of this Order.
Leaves for personal convenience granted to employees recruited by fixed-term contract prior to the date of entry into force of this Order and the renewals of such leave granted after that same date shall remain governed by the provisions of the Decree of 15 February 1988 referred to in its earlier drafting of this Order.
The provisions of the decree of 15 February 1988 referred to above, in its writing before this decree, relating to the maximum duration of the trial period, remain applicable to officers during the trial period on the date of entry into force of this decree.
Staff members placed on leave provided for in articles 15, 17 and 18 of the decree of 15 February 1988 referred to above, on the date of entry into force of this decree, shall remain governed by the provisions of the decree of 15 February 1988 referred to in its earlier drafting of this decree, with respect to the provisions relating to the time limits provided to formulate a request for renewal of leave or a request for re-employment after the same leave.
The procedures for termination of contract and termination prior to the date of entry into force of this decree shall be governed by the rules of the decree of 15 February 1988 referred to in their drafting prior to that of this decree.
The reclassification procedures referred to in the decree of 15 February 1988 referred to above, in its drafting of this decree, are applicable only to the termination proceedings initiated from the coming into force of this decree.
The above-mentioned decree of 29 July 2004 is amended:
1° In the first sentence of Article 10, the words: "continuously" are deleted;
2° At 3° of Article 13, the reference to Article L. 323-3 of the Labour Code is replaced by the reference to Article L. 5212-13 of the Labour Code;
3° The fourth paragraph of Article 15 is replaced by a paragraph as follows:
"For the calculation of the seniority or duration of the actual service required for the reassessment or evolution of the conditions of pay, for the determination of the training rights, for the recruitment by way of the competitions provided for in 2° of section 36 of the above-mentioned Act of 26 January 1984 and for the determination of the ranking of the winners of these contests, part-time services are considered to be full-time services. » ;
4° Section 17 is replaced by the following:
"Art. 17.-For the determination of the duration of the services required to obtain a part-time service, the leave provided for in articles 5 to 10,14-2,14-3,16 and 20 of the decree of 15 February 1988 referred to above shall be assimilated to an effective working period. Parental leave is also equivalent to an effective working period under the conditions set out in Article 14 IV of the aforementioned Decree of 15 February 1988. Other leave does not lose the old age acquired before they are granted.
"For staff recruited under sections 3,3-1,3-2,3-3,47,110 or 110-1 of the above-mentioned Act of 26 January 1984, seniority is deducted from the date on which the recruitment decision or initial contract has taken effect, even if, since then, the commitment has been renewed.
"For the assessment of the duration of the service required either to obtain a serious sick leave, a parental leave, a leave to raise a child, a leave for personal convenience or a leave for the creation of a business, or to perform a part-time service, the agent may only avail itself of the services performed on behalf of the community that employs it or one of its public administrative institutions to which it participates.
"Every day that has given rise to retribution shall be counted for one unit, regardless of the duration of daily use. »
In the first paragraph of Article 3 of the above-mentioned Decree of 2 August 2005, the words "to 42" are replaced by the words "to 42-2".
This Order comes into force on the first day of the month following that of its publication.
The provisions for professional maintenance provided for in section 5 apply to evaluations for activities after January 1, 2016.
The Minister of Finance and Public Accounts, the Minister of the Interior, the Minister of Decentralization and the Public Service and the Secretary of State responsible for the budget are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on December 29, 2015.
Manuel Valls
By the Prime Minister:
Minister of Decentralization and Public Service,
Marylise Lebranchu
Minister of Finance and Public Accounts,
Michel Sapin
The Minister of the Interior,
Bernard Cazeneuve
The Secretary of State in charge of the budget,
Christian Eckert
