Key Benefits:
Prime Minister,
On the Report of the Seals, Minister of Justice, Minister of Economy, Finance and Industry, and the Minister of the Function Public and state reform,
Having regard to Council Directive 89 /39/EEC of 12 June 1989 on the implementation of measures to promote the improvement of the safety and health of workers at work;
Given the Directive 93 /104/EC of 23 November 1993 concerning certain aspects of the organisation of working time;
Having regard to Decree No. 2000-815 of 25 August 2000 on the development and reduction of working time in the public service of the State, And in particular Article 3;
Having regard to the opinion of the Joint Ministerial Technical Committee dated 5 November 2001;
In view of the opinion of the State Civil Service Council of 4 December 2001;
The Council of State (section on Finances) heard,
Describes:
For the organization of the work of the staff of the prison administration working in staggered hours, day and night, including Sundays and holidays, the minimum guarantees are waived Referred to in Article 3 of the Decree of 25 August 2000 referred to above, under the following conditions:
a) The weekly working hours, including overtime, shall not exceed 65 hours in the same week, or 60 hours On average over any period of twelve consecutive weeks. The weekly rest period may not be less than 24 hours;
(b) The daily duration of the work may not exceed 1315 hours for day vacations and 1215 hours for night vacations. Officers shall have a minimum daily rest period of 10 hours;
(c) The maximum amplitude of the working day shall not exceed 1315 hours for day vacations and 12.15 hours for night vacations;
(d) The personnel mentioned in the This article whose daily working time does not exceed seven hours and fifteen minutes do not have a break time. Beyond seven hours and fifteen minutes, the agents have a break time of at least twenty minutes. This break enters into the counting of the actual working time, due to the nature of the functions and the way in which the work is organised, as well as the absolute need for agents to remain permanently at the disposal of Employer.
For the organisation of the work of the staff of the judicial protection of young people carrying out their duties in contact with minors, within collective or individualised accommodation units, the Minimum guarantees referred to in Article 3 of the Decree of 25 August 2000 mentioned above, under the following conditions:
a) The weekly working hours, including overtime, may not exceed 50 hours during the same period. Week, in respect of the average duration of 44 hours over any twelve consecutive weeks;
(b) The daily duration of the work and the maximum hours of work may not exceed 12 hours. These durations are extended to a maximum of 15 hours when the service is performed on Saturday or Sunday. Officers have a minimum daily rest period of 8 hours;
c) The vacation is not eligible for a break.
For the organisation of the work of the staff of the judicial protection of youth involved in reinforced education centres, the minimum guarantees referred to in Article 3 of the Decree of 25 August 2000, subject to the following conditions:
(a) The weekly working hours, including overtime, may not exceed 72 hours in the same week or 48 hours on average over a period of time Any twelve consecutive weeks. The weekly rest period may not be less than 24 hours;
(b) The maximum amplitude of the working day or the daily working time of the working day shall not exceed 15 hours. Officers have a minimum daily rest period of 8 hours;
c) The vacation is not eligible for a break.
For the organisation of the work of the technical staff and the staff of the judicial protection of youth working at night, including Saturday and Sunday and holidays, there is no derogation from the guarantees The minimum requirements referred to in Article 3 of the Decree of 25 August 2000, under the following conditions:
(a) The daily duration of the work may not exceed 12 hours. The maximum amplitude of the workday can be extended to 15 hours once a week;
b) The shift does not qualify for a break time.
For the organisation of the work of the staff of the judicial protection of young people who perform their duties in contact with minors in units of open environment, there may be exceptions to guarantees Of Article 3 of the Decree of 25 August 2000 referred to above for the daily duration of work which may not exceed 12 hours and for the maximum amplitude of the working day, which may not exceed 13 hours.
In return for the hardship caused by their duties, the agents referred to in Articles 1, 2, 3, 4 and 5 shall be entitled to compensatory rest under conditions laid down by the custody of the seals, Minister of Justice, defining work cycles in the services concerned.
The Minister of Economy, Finance and Industry, the Minister of Justice, the Minister of Justice, the Minister of Public Service and State Reform and the Secretary of State for the Budget are responsible. Each in respect of the execution of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, 31 December 2001.
Lionel Jospin
By the Prime Minister:
Seals, Minister of the Justice,
Marylise Lebranchu
Minister of the Economy,
Finance and Industry,
Laurent Fabius
Public Service Minister
and state reform,
Michel Sapin
Budget Secretary,
Florence Parly
