Decree No. 2002 - 1623 Of 30 December 2002 Concerning Derogations To Minimum Guarantees Of Time Of Work And Rest Periods Applicable To Certain Personnel Of Weather-France

Original Language Title: Décret n° 2002-1623 du 30 décembre 2002 portant dérogations aux garanties minimales de durée du travail et de repos applicables à certains personnels de Météo-France

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Summary of directive 93/104/EC of the Council of 23 November 1993 concerning certain aspects of the organisation of working time. Art. 3 of Decree No. 2000-815 of 25 August 2000 concerning development and the hours of work in the public service of the precise State, in point (I) minimum guarantees which must be respected, effective 1 January 2002, in the Organization of work in the service of the State. These minimum guarantees are: a) the length of effective working week, overtime included, may not exceed 48 hours in one week, or 44 hours on average over a period any of 12 consecutive weeks, b) the weekly rest period, including in principle on Sunday, cannot be less than 35 hours, c) the daily hours of work may not exceed 10 hours ((, d) the maximum work day amplitude is set at 12 o'clock, e) night work includes at least the period between 10 p.m. and 5 hours or any other period of 7 consecutive hours between 10 p.m. and 7 a.m.. Section II of the same art. 3 indicates that derogations may be made to these minimum guarantees on the one hand in exceptional circumstances, by decision of the Chief of service, and on the other hand where the very object utility in question requires at all times, including for the protection of persons and property, by Decree, taken after the opinion of the Committee for hygiene and safety where appropriate, Ministerial Joint Technical Committee and the Board of Governors of the public service which determines counterparties granted to categories of staff concerned. This order is intended to prescribe the circumstances and conditions of exemptions to the minimum guarantees applicable to certain weather-France agents. It distinguishes three categories of possible derogations. These three categories are the following: a) the derogations in the case of activities covered by an organisation of the programmed work (title I of this Decree), b) derogations in the case of random intervention (title II of this Decree), c) derogations in exceptional circumstances (title III of this Decree). Title I specifies the activities which, in the context of a programmed work organisation, require the daily hours of work, the daily amplitude and the weekly hours of work exceed those laid down by the Decree of 2000 supra. These activities are: a) the activities of observation and weather forecast, including aeronautical and other weather forecast like the Navy or the avalanche; (b)) the supervision and maintenance of the equipment necessary for the activities defined above. These activities are essential to the exercise of the responsibilities of weather-France under the protection of persons and property, as well as civil security in the areas of assistance to aviation and the Navy. They are carried out within an organization the work programmed, either service permanent 24/24 every day of the year or in semi-permanent service during a timeslot that may include hours nights, and, as appropriate, on Saturdays, Sundays, or holidays. These services are organized by vacations and give rise to the establishment of an array of service stopped by the head of Department. At the international level, weather-France has obligation to apply the standard procedure defined by the World Meteorological Organization that imposes a high altitude atmosphere observation cycle on the main synoptic hours of 00 and 12 hours UTC. The wealth of observational networks on the ground and aloft in these hours, to which is added the satellite data provided on the same frequency, polar-orbiting pace model of numerical prediction of the main centres of weather forecast of the world output. The interest parallel to monitor the weather situation over a sufficiently long period to gain a better understanding of the evolution of sensitive phenomena has led most of the weather to adopt an organization in shift work H24 based on a 12 hour cycle and therefore the vacations of 12 hours and 15 minutes to enable procurement of each survey technical instructions. This maximum time from 12:15 is also sufficiently long to allow services semi-permanent, covering of vacations only day, to ensure aviation security on the time range corresponding to the movement of aircraft on airport platforms open day almost. On this basis of a maximum duration of work from 12:15 maximum daily amplitude of the duration of the work must also be given at 12:15. Experience shows that to manage optimally the absences for vacation, illness, vocational training, labour or social activities or other service tables are usefully organized according to a regular cycle over four weeks, involving four officers. In these circumstances, staff may be asked to perform four vacations from 12 h 15 on any given week, while benefiting from rest of minimum terms imposed by the above-mentioned Decree of 2000. For this reason, it is proposed to increase the maximum weekly working time to 49 hours. This value has no effect on the average weekly over 12 weeks, which shall not exceed 44 hours. It is therefore proposed to have recourse to derogations from the maximum duration of work, in the case of activities within an organization programmed of work, for the exercise of security activities, including for assistance to aeronautics, Navy and civil security, under the following conditions: 1 °) the maximum daily work can reach 12 h 15; 2 °) daily maximum amplitude of labour can reach 12.15; 3 °) the weekly maximum hours of work can reach 49 hours. In consideration of the constraints resulting from the derogations to minimum guarantees with the programmed work organisation, it is expected that offsets are granted to such personnel under the conditions specified by the Minister in charge of meteorology joint order of the Minister responsible for the public service and the Minister in charge of the budget. Title II concerns derogations required by random interventions, made especially in period of periodic penalty payment, and which allow to cope with the requirements of continuity of service or respond to the imperatives of security in the cases defined by Decree. These exemptions allow the interruption of daily and weekly rest ongoing. However, the agent is then of a new period of rest daily or weekly, at the end of its random intervention. Title III concerns derogations from the minimum guarantees in the event of exceptional situations characterized by the establishment of a crisis management system. It allows to provide guarantees to agents from these exceptional derogations. These episodes require continuous interventions, for limited periods, requiring regular work times exceeded, to maintain the continuity of the public service and to ensure the safety of persons and the protection of property under arrangements contributing to emergency preparedness. In these cases, agents remain at the disposal of the head of service for periods up to 72 hours, subject to daily rest which shall not be less, in increments of 24 hours, respectively at 7, 8 and 9 hours. The agent enjoys a continuous rest period of 35 hours at the end of a period of 72 hours intervention.
Keywords equipment, public service of the State, Central Government, decentralized SERVICE, EPA, MÉTÉO-FRANCE, staff, employee, management of working time, ARTT, working time, REDUCTION of time of work, RTT, thirty-five hours, time of work, working day, rest, rest MINIMUM, weekly working time, DEROGATION, guarantee minimum JORF n ° 1 of 1 January 2003 page 47 text no. 40 Decree Decree No. 2002-1623 of 30 December 2002 concerning derogations from the minimum hours of work guarantees and rest for some weather-France NOR personal: EQUI0200466D ELI: http://www.legifrance.gouv.fr/eli/decret/2002/12/30/EQUI0200466D/jo/texte to Alias: http://www.legifrance.gouv.fr/eli/decret/2002/12/30/2002-1623/jo/texte Prime Minister, on the report of the Minister of the economy, the finance and industry, the Minister of equipment, transportation, housing, tourism and sea and the Minister of public service reform of the State and the development of the territory, having regard to directive 93/104/EC of the Council of 23 November 1993 concerning certain aspects of the organisation of working time;
Considering Decree No. 2000 - 815 of 25 August 2000 on the development and the reduction of working time in the public service of the State, particularly article 3 thereof;
Having regard to the opinion of the central Committee for hygiene and safety of weather-France dated October 30, 2001;
Having regard to the opinion of the Technical Committee joint ministerial dated February 27, 2002;
Having regard to the opinion of the High Council of the public service of the State dated February 12, 2002;
The Council of State (finance section) heard, enacts as follows:
TITLE I: Provisions applicable to the activities under one organization of work programmed Article 1 to the activities of observation and weather forecast and for the supervision and maintenance of the equipment necessary for these activities occurring with an arrangement of the work programmed, intended to ensure the continuity of the service and whose schedules were arrested prior to each service level (, may be waived in the minimum duration of labour and rest guarantees laid down in the I of article 3 of the Decree of 25 August 2000 referred to above, under the following conditions: a) the weekly hours of effective work during a single week can be extended to forty-nine hours in respect of the average duration of forty-four hours over a period of 12 consecutive weeks;
(b) the daily hours of work and the maximum amplitude of the working day can be brought to twelve hours fifteen minutes.


Article 2 in consideration of the constraints imposed on them, the agents engaged in the activities referred to in article 1 receive compensation in the form of rest or allowances, under conditions laid down by joint order of the Minister in charge of meteorology, the Minister responsible for the public service and the Minister in charge of the budget.

Title II: Provisions applicable to the case of INTERVENTIONS random Article 3 random intervention is intended to respond to an uncertain or unpredictable event occurring suddenly, that requires further action immediately to ensure the continuity of the service or for the protection of persons and property.
If random intervention, including call, may be waived the minimum, provided security to I of article 3 of the Decree of 25 August 2000 referred to above, under the following conditions: a) the weekly rest period may be interrupted or reduced. If, on the basis of random intervention, it is found that the officer had a continuous weekly rest period less than 24 hours, he enjoys a new weekly rest period at the end of his last speech. The following service is postponed accordingly;
(b) the minimum daily rest period may be interrupted or reduced. If, at the end of a random intervention, it is found that the officer had a less than seven hours daily rest period, it enjoys a new daily rest period at the end of his last speech. The next service taken shall be postponed accordingly.

Title III: Provisions applicable to the case of ACTIONS reinforced Article 4 a reinforced action is an unscheduled intensive intervention required by an event requiring the mobilisation of all the personnel responsible for providing meteorological security missions and for a limited period, which requires regular work times exceeded. In the context of reinforced actions, may be waived to the minimum guarantees laid down in article 3 of the Decree of 25 August 2000 above I under the following conditions: agents may remain for a maximum period of 72 hours at the permanent disposal of the hierarchical authority subject to continuous daily rest which shall not be less, per twenty-four hours seven hours during the first instalment, eight hours during the second instalment and nine hours during the third round.
At the end of the period of 72 hours, the agent enjoys a rest period of 48 consecutive hours.


Article 5 the Minister of economy, finance and industry, Minister of equipment, transportation, housing, tourism and the sea, the Minister of public service, the reform of the State and the development of the territory and the Minister delegate for the budget and budget reform are responsible, each in relation to the implementation of this Decree which will be published in the Official Journal of the French Republic.

Done at Paris, on 30 December 2002.
Jean-Pierre Raffarin by the Prime Minister: the Minister of equipment, transportation, housing, tourism and the sea, Gilles de Robien of the economy, finance and Industry Minister Francis Mer the Minister of public service, the reform of the State and the development of the territory, Jean-Paul Delevoye Minister delegate for the budget and budget reform Alain Lambert

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