Decree No.. 2001-1381 Of 31 December 2001 Establishing Exceptions Minimum Guaranteed Hours Of Work And Rest For Some Officers Of The Ministry Of Justice

Original Language Title: Decree No. 2001-1381 of 31 December 2001 establishing exceptions minimum guaranteed hours of work and rest for certain officers of the Ministry of Justice

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Implementing legislation Decree No.. 2001-1369 of 31 December 2001 on the entry into force of decrees and summary Application of the Directives 89/391 / EEC of 12 June 1989 on the implementation of measures to encourage improvements in the safety and health of workers at work and 93/104 / EC of 23 November 1993 concerning certain aspects of the organization of working time. In pursuant to Article 3 of Decree 2000-815 of 25 August 2000 on the organization and reduction of working time in the public service of the State, work organization must meet the minimum guarantees defined in Title I.Cependant when the object of the public service in question requires the permanent, including the protection of persons and property, perennial exemptions established by decree , and after consultation with the Higher Council of the Public Service, can be implemented, then the decree establishing the minimum warranties for considered. It's agents and the Ministry of Justice, it is intended to derogate from Article 3, I for certain categories of personnel of the prison service and the judicial protection of youth. Thesis staff working in direct contact with particularly difficult people and should meet the public service continuity requirements which strongly constrain the organization of working time. Their working time and also characterized by a relative unpredictability. They come well within the scope of article 3, II, a) if they are to ensure permanently held a monitoring mission or support for young people. Personnel concerned and different spending1 derogations) The Personal prison officials monitoring working in shifts and unsociable hours, day and night, including Sundays and public holidays, subject to the provisions of Ordinance 58-696 of 6 August 1958 on the special status of civil servants external services of the prison administration, following the hand following derogations: weekly hours actually worked may not exceed 65 hours during a week or 60 hours over a period of 12 weeks, duration of daily work and maximum amplitude of the working day may not exceed 1.15 p.m. and 12: 00 enjoy the 15-night minimum daily rest of 10 hours. No. pause when the duty cycle does not exceed 7 pm 15. Pause least 20 minutes for all graduate to 7 h 15, the dwell time within the countdown effectif.2 working time) of the Personal judicial protection of youth engaged in educational support functions, supervision and monitoring, in direct contact with minors, within collective or individual accommodation units are not subject to certain minimum guarantees. The main measures that apply to them are the following 50 in maximum hours a week, daily working hours and maximum amplitude can not exceed 12 hours, duration increased to maximum 15 hours on Saturday or Sunday, minimum daily rest 8 hours, break times can not be taken during vacation.3) The staff of the judicial protection of youth involved in educational centers derogate strengthened on several points with the minimum guarantees (: working week not exceeding 72 hours in the same week, or 48 hours over a period of 12 weeks, duration and daily maximum amplitude of the working day not exceeding 15 hours, daily rest period of eight hours, break times can not be taken during vacation. 4) Educational technical officers and staff working at night (Judicial Youth Protection), including weekends and holidays (, can work up to 12 hours daily and amplitude of the day work can not exceed 15 hours once a week, their break time can not be taken during vacation.5) The staff of the judicial protection of youth engaged in taking office in educational management, coaching and followed direct contact with minors, as part of measures carried out in an open environment , can work up to 12 hours daily and amplitude of the working day may not exceed 13 hours. In consideration of constraints and under Article 3 II of the aforementioned decree, the agents mentioned in this Decree benefit from compensatory rest defined in the decree on the definition of work cycles. They have, moreover, an exemption from the annual duration of working time made under section 1 of the Decree, duration fixed at 1560 hours. Keywords JUSTICE, PUBLIC STATE, OFFICIAL SERVICE decentralized PRISON ADMINISTRATION, staff, supervisory staff, LEGAL PROTECTION OF YOUTH, EDUCATION TECHNICAL OFFICER, organization OF WORKING TIME, WORKING HOURS, shorter working week, REDUCED TIME WORK, RTT, THIRTY-FIVE HOURS ORGANIZATION OF WORKING TIME, DAY OF WORK, REST, REST MINIMUM TERM WEEKLY WORK, PROVIDED, MINIMUM GUARANTEE DIRECTIVE TRANSPOSING EC JORF No.. 1 of January 1, 2002 page 52 text n DECREE Decree No. 38. 2001-1381 of 31 December 2001 on derogations minimum guaranteed hours of work and rest for some officers of the Ministry of Justice NOR: JUSG0160099D ELI: http: / / www.legifrance.gouv. en / eli / decree / 2001/12/31 / JUSG0160099D / OJ / Text AKA: Premium http://www.legifrance.gouv.fr/eli/decret/2001/12/31/2001-1381/jo/texte to Minister, On the report of the Minister of Justice, Minister of Justice, the Minister of the Economy, Finance and Industry and the Minister of Public Service and State Reform, Having regard to Directive 89 / 39 / EEC of 12 June 1989 on the implementation of measures to encourage improvements in the safety and health of workers at work; Having regard to Directive 93/104 / EC of 23 November 1993 concerning certain aspects of the working time; Considering Decree No.. 2000-815 of 25 August 2000 on the organization and reduction of working time in the public service of the State, and in particular Article 3 thereof; After consulting the Joint Ministerial Technical Committee dated November 5, 2001; Considering the opinion of the High Council of State Public Service dated December 4, 2001; The Council of State (Finance section) heard, Decrees: Article 1 Learn more about this product... For the organization of work of employees of the Prison Service working unsocial hours, day and night, there including Sundays and holidays, there is a derogation to the minimum guarantees mentioned in I of Article 3 of the Decree of 25 August 2000 referred to above, under the following conditions: a) weekly hours of actual work, including overtime, can not exceed or 65 hours in a 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 working hours shall not exceed 1.15 p.m. for day shifts and 12.15 for night shifts. The agents have a minimum daily rest of 10 hours; c) The maximum amplitude of the working day may not exceed 1.15 p.m. for day shifts and 12.15 for night shifts; d) Personal mentioned in this article whose daily working time does not exceed seven hours and fifteen minutes do not receive pause. Beyond seven hours and fifteen minutes, the agents have a rest break of a minimum of twenty minutes. This pause in between calculating the actual working time, because of the duties and mode of work organization, and the resulting absolute necessity for agents to remain permanently at the disposal of the use. Article 2 More about this article... To work organization personal judicial protection of youth, exercising their functions in contact with minors, within collective or individual accommodation units, it is derogated minimum guarantees mentioned in I of Article 3 of the Decree of 25 August 2000 referred to above, under the following conditions: a) weekly hours of actual work, including overtime, can not exceed 50 hours in any one week , in compliance with the average duration of 44 hours in any period of twelve consecutive weeks; b) The duration of daily work and the maximum amplitude of the working day may not exceed 12 hours. These times are increased to a maximum of 15 hours when the service is performed on Saturday or Sunday. The agents have a minimum daily rest 8:00; (c) The vacation does not entitle a break. Article 3 More about this article... To work organization personal judicial protection of youth involved in reinforced educational centers are waived with minimum guarantees mentioned in I of Article 3 of the Decree of August 25, 2000 referred to above, under the following conditions: a) The weekly hours of actual work, including overtime, can not exceed either 72 hours in any one week or 48 hours on average over any period of twelve consecutive weeks. The weekly rest period may not be less than 24 hours; b) The maximum amplitude of the working day or daily working hours of the working day may not exceed 15 hours. The agents have a minimum daily rest 8:00; (c) The vacation does not entitle a break. Article 4 More about this article... For the organization of the work of technicians and staff of the judicial youth protection exercising at night, including Saturdays and Sundays and public holidays, it is derogated minimum guarantees mentioned in I of Article 3 of the Decree of 25 August 2000 referred to above, under the following conditions: a) The duration of daily work can not exceed 12 hours. The maximum amplitude of the working day may be extended to 15 hours once a week. (b) The vacation does not entitle a break. Article 5 More about this article... To work organization personal judicial protection of youth, exercising their functions in contact with juveniles within custodial units, it can be waived mentioned minimum guarantees in I of Article 3 of the Decree of 25 August 2000 referred to above for the duration of daily work can not exceed 12 hours and the maximum amplitude of the working day can not exceed 13 hours. Article 6 More about this article... In consideration of the constraints that result from their duties, the officers mentioned in Articles 1, 2, 3, 4 and 5 receive compensatory rest under conditions set by decree of the Minister of Justice, Minister of Justice, defining work cycles in the services concerned. Article 7 More about this article... The Minister of the Economy, Finance and Industry, the Minister of Justice, Minister of Justice, Minister of Civil Service and State Reform and Secretary of State in the budget shall, in each looks to the execution of this decree, which will be published in the Official Journal of the French Republic. Done at Paris, 31 December 2001. Lionel Jospin By the Prime Minister: The Minister of Justice, Minister of Justice, marylise lebranchu, The Minister of Economy, Finance and Industry, Laurent Fabius Minister of the public function and state reform, Michel Sapin Secretary of State for budget Florence Parly

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