Learn more about this text ...

Text information

Summary

Application of Council Directive 93 /104/EC of 23 November 1993 concerning certain aspects of the organisation of working time. Art. 3 of Decree 2000-815 of 25 August 2000 on the organisation and duration of work in the public service of the State, in point I the minimum guarantees which must be complied with, as from 1 January 2002, in the organisation of the Work in the state services. These minimum guarantees shall be: (a) the weekly working week, including overtime, may not exceed 48 hours in the same week, or 44 hours on average over any period of 12 consecutive weeks, (b) the Weekly rest, including in principle on Sunday, may not be less than 35 hours, (c) the daily duration of work may not exceed 10 hours, (d) the maximum amplitude of the working day is set at 12 hours, (e) night work Includes at least the period from 22 hours to 5 hours or any other period of 7 consecutive hours between 22 hours and 7 hours. Point II of the same art. 3 indicates that it may be derogated from these minimum guarantees on the one hand in the event of exceptional circumstances, by decision of the head of service, and, on the other hand, where the subject matter of the public service in question requires it on an ongoing basis, in particular for the Protection of persons and property, by decree, taken after the opinion of the hygiene and safety committee, where appropriate, of the Joint Ministerial Technical Committee and the Public Service Board of Governors, which determines the counterparties granted to the Categories of agents involved. The purpose of this Decree is to clarify the cases and the conditions for derogations from the minimum guarantees applicable to certain agents of Meteo-France. It distinguishes between three categories of possible derogations. These three categories are: (a) derogations in the case of activities relating to a programmed work organisation (Title I of this Decree), (b) derogations in the case of random intervention (Title II of this Decree), (c) Derogations in case of exceptional circumstances (Title III of this Decree). Title I specifies the activities which, within the framework of an organisation of programmed work, require that the daily duration of work, the daily amplitude and the weekly working time exceed those laid down in the decree of 2000, supra. These activities include: (a) weather observing and forecasting activities, including aviation and other specialized weather forecasts such as marine or avalanches; and (b) equipment supervision and maintenance Necessary for the activities defined above. These activities are essential to the exercise of the responsibilities of Météo-France in the framework of the protection of persons and goods, in the field of civil safety as well as in the fields of assistance to aeronautics and the navy. They shall be carried out in the framework of a scheduled work organisation, either in permanent service every day of the year, or in semi-permanent service during a time range which may include hours of nights, and, as appropriate, Saturdays, Sundays or public holidays. These services are organized by vacations, and result in the establishment of a service board established by the Head of Service. At the international level, Météo-France has an obligation to apply the standard procedure defined by the World Meteorological Organization which imposes a cycle of observation at altitude of the atmosphere at the main synoptic hours of 00 hours and 12 UTC hours. The richness of the ground and altitude observation networks at these hours, coupled with the data of the polar orbiting satellites provided at the same frequency, rates the output of numerical prediction models of the major centres of World weather forecasts. The parallel interest in following the weather situation over a sufficiently long period to better understand the evolution of sensitive phenomena has led most meteorological services to adopt an organization in shift work H24 It is based on a 12-hour cycle and therefore vacations of 12 hours and 15 minutes to allow for the transfer of technical instructions to each succession. This maximum duration of 12h15 is also long enough to allow semi-permanent services, covering only daytime vacations, to ensure aeronautical safety on the hourly range corresponding to the movements of aircraft on Almost all of the day's open airport platforms. On this basis of a maximum working time of 12h15 the maximum daily amplitude of the working time must also be extended to 12.15. Experience shows that in order to optimally manage absences for annual leave, sickness, vocational training, union or social activities, or other activities, the service tables are usefully organised according to a cycle Four weeks on a regular basis involving four officers. In these circumstances, staff may be required to perform four vacations of 12h15 over a given week, while at the same time enjoying the minimum duration imposed by the aforementioned decree of 2000. For this reason, it is proposed to increase the maximum weekly working time to 49 hours. This value does not affect the average weekly duration of 12 weeks, which must not exceed 44 hours. It is therefore proposed to use derogations from the maximum working hours, in the case of activities under a scheduled work organisation, for the performance of security activities, in particular for assistance to Aeronautics, marine and civil safety, under the following conditions: (1) the maximum daily working time may be as high as 12.15 p.m.; (2) the maximum daily working amplitude may be as high as 12.15 p.m.; (3) the maximum duration of the work Work week can be up to 49 hours. In return for the hardship resulting from the derogations from the minimum guarantees and the organisation of the programmed work, compensation is provided for such staff under the conditions laid down by the joint decree of the Minister Responsible for meteorology, the Minister responsible for the Public Service and the Minister responsible for the budget. Title II concerns the derogations necessitated by random interventions, carried out in particular during stand-by periods, and which enable the requirements of continuity of service to be met or to meet the safety requirements in cases Defined by order. These derogations authorise the interruption of continuous daily and weekly rest periods. However, the officer benefits from a new daily or weekly rest period after his or her random intervention. Title III concerns derogations from minimum guarantees in the event of exceptional situations characterised by the establishment of a crisis management system. It provides guarantees to agents in relation to these exceptional derogations. These episodes require continuous intervention, for limited periods of time, which require the passing of the usual hours of work, to maintain continuity of public service and to ensure the safety of persons and Protection of goods within the framework of arrangements for civil protection. In such cases, officers shall remain available to the Head of Service for periods of up to 72 hours, subject to daily rest periods which may not be lower, in 24-hour increments, at 7, 8 and 9 hours, respectively. The officer shall have a continuous rest period of 35 hours after a 72-hour intervention period.

Keywords

EQUIP , PUBLIC FUNCTION OF THE STATE , CENTRAL ADMINISTRATION , FOCUS SERVICE , EPA , METEO-FRANCE , STAFF , EMPLOYEE , CHANGE IN WORKING TIME , ARTT , WORKING TIME , REDUCTION OF WORKING TIME , RTT , THIRTY-FIVE HOURS , ORGANISATION OF WORKING TIME , WORK DAY , REST , MINIMUM REST , WEEKLY WORKING WEEK , DEROGATION , MINIMUM WARRANTY

---

JORF No. 1 of January 1, 2003 Page 47
Text No. 40


DECRET
Decree n ° 2002-1623 of 30 December 2002 on derogations from the minimum guarantees of working hours and rest periods applicable to certain personnel of Météo-France

NOR: EQUI0200466D ELI: http://www.legifrance.gouv.fr/eli/decret/2002/12/30/EQUI0200466D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2002/12/30/2002-1623/jo/texte

Prime Minister,
On the report of the Minister of Economy, Finance and Industry, Minister of Equipment, Transportation, Housing, Tourism and the Sea And the Minister for Public Service, State Reform and Spatial Planning,
Having regard to Council Directive 93 /104/EC of 23 November 1993 on certain aspects of the organisation of working time;
In view of Decree No. 2000-815 of 25 August 2000 on the development and reduction of working time in the public service of the State, in particular Article 3;
In view of the opinion of the Central Health and Safety Committee of Météo-France as of 30 October 2001 ;
In view of the Opinion of the Joint Technical Committee of 27 February 2002;
Having regard to the opinion of the Senior Council of the State Civil Service of 12 February 2002;
The State Council (Finance Section) Heard,
:

• TITLE I: PROVISIONS APPLICABLE TO ACTIVITIES UNDER AN ORGANIZATION OF WORK Article 1

  
  For meteorological observation and forecasting activities and for the supervision and maintenance of the equipment necessary for these activities which take place according to an organisation of the programmed work, intended to ensure the continuity of the Service and whose schedules are laid down in advance at the level of each service, it may be derogated from the minimum guarantees of working time and rest periods laid down in Article 3 of the Decree of 25 August 2000 referred to above, under the following conditions
  a) The weekly working hours in a single week may be extended to forty-nine hours in accordance with the average duration of forty-four hours over a period of twelve consecutive weeks;
  (b) Duration Day of work and the maximum amplitude of the working day can be laid at twelve hours fifteen minutes.

  Item 2

  
  In return for the hardship imposed on them, the agents who carry out the activities referred to in Article 1 shall be entitled to compensation in the form of rest or allowances, under conditions laid down by the Minister's joint order Responsible for meteorology, the Minister responsible for the Public Service and the Minister responsible for the budget.

• TITLE II: PROVISIONS APPLICABLE TO CASUAL INTERVENTIONS Article 3

  
  A random intervention is intended to respond to an uncertain or unpredictable event, occurring suddenly, that requires immediate action Necessary to ensure continuity of service or the protection of persons and property.
  In the case of random interventions, in particular in periods of periodic penalty payments, the minimum guarantees laid down in Article 3 of the Decree of the August 25, 2000, under the following conditions:
  a) Weekly rest may be interrupted or reduced. If, at the end of the random intervention, it is found that the agent has had a continuous weekly rest period of less than 24 hours, he shall be granted a new weekly rest period after his last intervention. The following service is delayed accordingly;
  (b) Minimum daily rest can be interrupted or reduced. If, after a random intervention, it is found that the agent has had a daily rest period of less than seven hours, he shall be given a new daily rest at the end of his last intervention. The following service outlet is delayed accordingly.

• TITLE III: PROVISIONS APPLICABLE TO THE CASE OF RESTRICTED ACTIONS Article 4

  
  Enhanced action is an intensive, unscheduled intervention required by an event requiring the mobilization of all personnel responsible for performing meteorological security missions and requiring, For a limited period, exceeding the usual hours of work. As part of the enhanced actions, the minimum guarantees provided for in Article 3 of the Decree of 25 August 2000 may be waived under the following conditions:
  Agents may remain for a maximum period of seventy-two Hours to the permanent provision of the hierarchical authority subject to continuous daily rest, which shall not be less than, for a period of twenty-four hours, seven hours in the first instalment, eight hours in the second instalment And nine hours during the third installment.
  At the end of the seventy-two hour period, the officer shall be granted a rest period of forty-eight consecutive hours.

  Section 5

  
  The Minister of Economy, Finance and Industry, the Minister of Equipment, Transportation, Housing, Tourism and the Sea, the Minister of the Public Service, Reform of the State and spatial planning and the Minister responsible for the budget and budgetary reform shall each have responsibility for the implementation of this Decree, which shall be published in the Official Journal of the Republic French.

Done at Paris, 30 December 2002.

Jean-Pierre Raffarin

By the Prime Minister:

The Minister of Equipment, Transport,

Housing, Tourism and the Sea,

Gilles de Robien

Finance and Industry Minister,



Francis Mer

The Minister of the Public Service,

The reform of the

and spatial planning,

Jean-Paul Delevoye

The Minister Delegate to the

Budget and Budget Reform,

Alain Lambert

---

Download the document in RTF (weight < 1MB) Facsimile (format: pdf, weight < 3.5 MB) Download document to RDF (format: rdf, weight < 1MB)