Key Benefits:
The Prime Minister,
On the report of the Minister of Social Affairs, Labour and Solidarity, the Minister of Economy, Finance and Industry and the Minister of The civil service, the reform of the state and spatial planning,
Given the Labour Code, in particular Articles L. 311-7 and R. 311-4-1 to R. 311-4-22;
Law No. 83-634 of 13 July 1983 amended rights and obligations Officials, together with the amended Act No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State;
Having regard to Decree No. 75-205 of 26 March 1975, as amended, for the purposes of section 43 of the Act N ° 71-575 of 16 July 1971 on the organisation of continuing vocational training in the framework of continuing education for non-incumbent civil servants of the State and public establishments of the State which do not have the industrial character and Commercial;
In light of Decree No. 84-38 of 18 January 1984, amending the list of state institutions of the administrative state provided for in the 2 ° of Article 3 of Act No. 84-16 of 11 January 1984;
In light of Decree No. 86-83 of 17 January 1986 as amended on the general provisions applicable to non-incumbent agents of the State taken for the purposes of Article 7 of Act No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State ;
In view of Decree No. 94-741 of 30 August 1994 on the assimilation of diplomas awarded in other Member States of the European Community or parties to the agreement on the space for access to competitions in the public service of the State European Economic, as amended by Decree No. 98-485 of 12 June 1998;
In light of Decree No. 95-606 of 6 May 1995 establishing advisory bodies to the National Employment Agency;
In view of the opinion of the National Joint Consultative Committee The National Employment Agency as of 19 June 2003;
In view of the opinion of the Board of the National Employment Agency dated 20 June 2003;
The Conseil d' Etat (Finance Section) heard,
Describes:
This Order Lays down the special provisions applicable to permanent staff of the National Employment Agency (ANPE) recruited by contract of public law on an indeterminate basis. They are referred to as statutory agents of the institution.
The general provisions applicable to non-incumbent agents of the State provided for in the aforementioned Decree of 17 January 1986 shall apply to them, subject to the provisions of this Decree.
When the nature of the functions or the needs of the service require it, the ANPE can recruit agents by Fixed-term contract. Subject to the provisions of Article 7 of the aforesaid Decree of 17 January 1986 relating to contracts concluded to meet occasional or seasonal requirements, the duration of the contract subscribed, renewable by express renewal, cannot Exceed, potential renewals included, a total duration of six years.
The agents referred to in Article 1 shall be allocated, taking into account their employment, in one of the following levels of employment: I, II, III, IV A, IV B, V A, V B and, subject to the provisions of the third subparagraph, in one of the sectors The following: employment counselling, support and management, information systems and operational management.
Employment counselling, support and management and information systems have five levels of employment, from Level I to Level IV B, and The operational management sector comprises the two levels of employment IV A and IV B. Senior management and management jobs are off-stream and include levels V A and V B. The jobs of Deputy Director General and Director General direction are functional.
The classification of jobs at different levels shall be decided by the Director General, after the opinion of the National Joint Consultative Committee.
I.-It is hereby established with the Director-General of the ANPE the national joint committees :
1 ° A national parity committee for each level of employment I to IV B;
2 ° A joint national joint committee for the employment levels V A and V B.
National Joint Committees established for the Levels of employment IV B, V A and V B are competent to give their opinion on individual decisions taken pursuant to the provisions of this Decree, which provide for their consultation. The national parity committees of employment levels I to V B sit on the Disciplinary Board.
II. -It is hereby established with each regional delegate, of each departmental delegate in the overseas departments and with the head of the headquarters of the Agency of the competent local joint committees to give an opinion on the decisions Individual officers belonging to each level of employment I to IV A taken pursuant to the provisions of this Order that provide for their consultation.
III. -The composition, powers and procedures of the Joint Committees shall be determined by decision of the Director General, after the opinion of the National Joint Consultative Committee. Staff representatives to these committees shall be appointed under the conditions laid down in Article 14 of the aforementioned Law of 11 January 1984.
No person can be recruited under this Order if he does not meet the conditions set out in Article 3 of the aforementioned decree of 17 January 1986 and if he does not Justifies qualifications, diplomas and, where appropriate, the professional experience required for the level of employment under consideration and, for the statutory agents, if they do not comply with the conditions laid down by the Articles 7, 8 and 9.
For the level of jobs I mentioned in Article 3, the agents are recruited in each of the support channels And management and information systems following an open external selection:
(a) On tests, to candidates justifying one of the titles or diplomas provided for in Article 13;
(b) On tests of a professional nature, to the candidates justifying Professional experience recognised under the conditions laid down in the penultimate paragraph of Article 13.
For Levels of employment II and IV A mentioned in Article 3, the officers are recruited in each stream according to the following procedures:
1. An open external selection is:
(a) On tests, to the candidates justifying, for the required level, One of the diplomas or diplomas referred to in Article 13;
(b) On tests of a professional nature, to candidates who do not have the status of a statutory officer of the ANPE and justifying, for the required level, a professional experience recognised in The conditions laid down in the penultimate paragraph of Article 13;
2 ° By an internal selection on tests to assess the ability to perform the relevant functions open:
(a) To statutory staff employed in a job Under the immediately lower level and having previously passed tests for the assessment of the competences and acquired professionals referred to in Article 10 (1);
(b) To the statutory staff employed at the level Immediately below and justifying the validation of skills and professional achievements of their level provided for in Article 20;
(c) Agents who do not have the status of a statutory officer and occupy the same employment as the ANPE Level.The
mentioned in paragraph 2 of this Article must, in addition, justify periods of service, as a public official within the ANPE, fixed by a decision of the Director General after the opinion of the National Joint Consultative Committee.
For job levels III and IV B mentioned in Article 3, officers are recruited in each sector according to the The following terms and conditions:
1 ° By an external selection on titles open to candidates who do not have the status of a statutory officer of the ANPE and justifying, for the required level, either one of the titles or diplomas referred to in Article 13, or Professional experience recognised under the conditions laid down in the penultimate paragraph of that same article.
2 ° By internal selection on open professional tests:
(a) To the statutory staff employed at the level Immediately below the same sector and having previously passed tests for the assessment of the skills and acquired professionals referred to in Article 10 (1);
(b) To the statutory staff employed at the level Immediately below the same chain and justifying the validation of skills and professional qualifications of their level provided for in Article 20;
(c) To servants who do not have the status of a statutory official occupying the ANPE a job under the The same level.
The agents mentioned in 2 ° of this Article must, in addition, justify periods of service, as a public official within the ANPE, fixed by decision of the Director General after consulting the Joint Consultative Committee National.
For employment levels V A and V B mentioned in Article 3, officers are recruited according to the terms and conditions :
1 ° By an external selection on titles open to candidates who do not have the status of a statutory officer of the ANPE and justifying, for the required level, either one of the titles or diplomas referred to in Article 13, or of an experiment Recognised under the conditions laid down in the penultimate subparagraph of this Article;
2 ° On the choice, after the opinion of the competent national Joint Committee, among the statutory officers of the ANPE belonging to level IV B for access Level V A and level V A for access to level V B and justifying the validation of skills and professional achievements of their level provided for in Article 20. In addition, they must justify periods of service as a statutory agent fixed by a decision of the Director General after the opinion of the National Joint Consultative Committee.
I.-The nature of the selection tests and the tests for the evaluation of the skills and acquired professionals provided for in Articles 6 to 9, the conditions and rules of organisation The composition of the selection board, as well as the distribution of the posts to be filled according to the terms of recruitment, shall be fixed by decision of the Director General.
For external recruitments at job levels I to IV A, The Director General may delegate his powers of organisation, in relation to advertising, the examination of applications, the establishment of the list of candidates admitted to the competition, the appointment of members of juries and the conduct of tests, Regional delegates, departmental delegates in the overseas departments and the director of the headquarters of the ANPE.
A Director General's decision authorizes the opening of external recruitments in levels of employment I to IV A. It specifies the number of posts offered by level and sector, as well as their distribution among the regional delegations, the departmental delegations in the overseas departments and the headquarters.
II. -At the end of the tests, the jury shall draw up in alphabetical order the list of candidates deemed suitable for the performance of the duties. A supplementary list shall be drawn up, intended to allow up to the next recruitment and maximum for a period of two years, the replacement of candidates on the main list who may not be recruited, or possibly To fill vacancies in the range of two recruitments.
III. -The overall internal promotion rate may vary between 1.3 and 2 % of the total strength of the ANPE within the limit of the posts to be filled, although external recruitments under Article 7 may be less than 40 % Posts to be filled and external recruitments under Articles 8 and 9 may be more than 20 % of the jobs to be filled. These proportions shall be determined by decision of the Director General after the opinion of the National Joint Consultative Committee.
IFILE. - For the levels of employment I and II, pre-recruitment shall be instituted by an external selection on tests open to candidates justifying a degree of diploma allowing them in two years of study to the maximum followed in rotation, to access one The titles or diplomas required under Article 13 for each level of employment considered. The selected agent is recruited by an incomplete pre-recruitment contract with a number of hours of work and training adapted to the terms of his studies.
The officer performs a probationary period equal to the duration of the scheduled training By the recruitment contract for the level of employment for which he is recruited, increased by six months. During this probationary period, he shall receive a calculated remuneration, in proportion to the amount of time worked under the contract, by reference to the index relating to the 1st step in the level of employment for which he is recruited. At the end of this period, the officer whose traineeship is found to be satisfactory and who has obtained the required degree is engaged on an indefinite contract. An officer who has not obtained the required degree within the maximum period of two years or whose probationary period is not considered satisfactory shall be dismissed without notice or compensation.
II. -In levels of employment IV A and IV B, pre-recruitment is instituted by an internal selection on tests open to the agents justifying a minimum duration of services and a degree of diploma giving them access to two years of study Maximum to one of the titles or diplomas required under Article 13 for each level of employment. The selected agent is trained on alternating hours of work for the purpose of acquiring a diploma. During this period, the officer collects the remuneration for his or her classification level. Obtaining the required degree or diploma allows the officer to access the level of employment for which the selection was made.
III. -A decision of the Director General, taken after the opinion of the National Joint Consultative Committee, shall lay down the arrangements for the application of the provisions of this Article, the nature of the selections and the duration of the services provided for in II.
By way of derogation from the provisions of Article 2, persons recognised as disabled workers by the steering committee And occupational reclassification provided for in Article L. 323-11 of the Labour Code, and whose disability has been found to be compatible with the post-application period, may be recruited as an agent under fixed-term contract, for a period of time Equal to the duration of the probationary period provided for each level of employment in Article 14. Candidates must meet the requirement of qualification or professional experience provided for in Article 13 for recruitment in the level of employment concerned.
At the end of the contract, the professional ability of the agent is assessed by the Director General in view of the person's file and after an interview with a selection board appointed by the Recruitment Authority. If the officer is declared fit for duty, he or she is engaged. If, without being unfit, he has not shown sufficient professional capacity, the contract may be renewed once for a period equal to that of the original contract. If, at the end of the initial contract or its renewal, the assessment of the agent's suitability reveals insufficient professional capacity, the contract shall not be renewed.
If the contracting party is recruited, the initial duration of the contract will be Term is taken into account for its advancement.
For recruitments involved in the application of articles 6 to 9, the conditions of qualifications, diplomas, professional experience or seniority of required services are appreciated by the closing date of the entries.
Recruitments under Article 6, Article 7 (1) and 1 ° of Articles 8 and 9 shall be open to candidates holding a degree or diploma for which the Director General establishes the list by decision and whose level is thus defined:
1 ° Employment level I: diploma attesting to the end of the second cycle of Secondary education;
2 ° Job level II: diploma attesting to the end of the first cycle of higher education or diploma at least equivalent;
3 ° Job level III: bachelor's degree or diploma at least equivalent;
4 ° Level Jobs IV A: master's degree or diploma at least equivalent;
5 ° Employment levels IV B, V A and V B: post-graduate degree or diploma at least equivalent.
Can also be allowed to run for tests Selection of candidates with a diploma issued in another Member State of the European Community or party to the Agreement on the European Economic Area, whose assimilation with one of the required diplomas will have been recognised in Conditions comparable to those provided for in the aforementioned decree of 30 August 1994.
Alternatively, candidates with a diploma issued in a State other than those mentioned in the paragraph may be admitted to these selection tests. As soon as the assimilation of their degree with one of the required degrees will have been recognised under conditions comparable to those laid down in the aforementioned decree of 30 August 1994.
Candidates with professional experience Recognised by a committee established by the Director General, after the opinion of the National Joint Consultative Committee, attesting to a level comparable to the diplomas mentioned above, may be allowed to stand for the selections on title and on Professional tests provided for in Articles 6 and 1 of Articles 7 to 9.The
for the filing of applications and for the establishment of files shall be determined by decision of the Director General after the opinion of the National Joint Consultative Committee. The minimum duration of this professional experience is set at two years for access to level I, three years for access to level II, five years for access to levels III and IV A and eight years for levels IV B, V A and V B. This Duration Minimum is reduced to two years when the candidate justifies a qualification of a level immediately below that of the required degree. For recruitments in the information systems sector, the Director General may, having regard to operational requirements, reduce the minimum duration of this work experience.
I.-Officers recruited pursuant to Articles 6 and 7 and 1 ° of Article 8 shall be required to Period of initial on-the-job training involving the acquisition of theoretical knowledge and work-related learning. This training shall be carried out within the Agency and, where appropriate, in undertakings. At the end of the probationary period, officers must comply with a proficiency check taking into account the validation of professional knowledge and an assessment of how to serve. The conditions for the organisation of this initial training and of the proficiency check shall be determined by decision of the Director General after the opinion of the National Joint Consultative Committee.
The duration of the probationary period is set at six months for Levels of employment I, II and III, and one year for levels of employment IV A and IV B. The absence of the agent for a valid reason interrupts the initial probationary period. This is then extended for the duration of the interruption within the limit of an initial period of time. During the probationary period, the administrative residence of the agent may be temporary.
In the course of or upon expiry of the probationary period, the contract may be terminated at the initiative of either party, without notice or compensation, by Registered letter with a request for notification of receipt. Depending on the results of the proficiency check, if the probationary period is considered satisfactory, the officer shall be engaged by an express decision of the Director General. If not, the probationary period may be renewed at the initiative of the ANPE for a period not more than half that of the initial period. At the end of this renewal, the person concerned must comply with a new aptitude check. If, at the end of the initial period of the traineeship or, where applicable, the period of renewal, the results are deemed insufficient, the contract of the agent shall be terminated without prior notice or compensation, by registered letter with the request for notification of receipt. However, the agent who previously had the status of a statutory agent at the agency is reinstated in the employment corresponding to his level of origin.
The initial duration of the probationary period is taken into account for the advancement of the agent.
II. -The duration of the trial period for officers recruited under Article 2 shall be fixed by their contract.
The Candidates recruited under Articles 6 to 9 who, on the date of their recruitment, did not have the status of a statutory agent of the Agency, are classified at a step in their level of employment taking into account, on the basis of the duration provided for in the Level at which they access, in addition to the time spent on compulsory national service, the years of prior work experience carried out in functions of a comparable nature and at least equivalent, within the limit of two-thirds of Their duration without exceeding eight years. Detailed rules for the application of the provisions of this paragraph shall be specified by decision of the Director General after the opinion of the National Joint Consultative Committee. For agents who are nationals of another Member State of the European Community or of a State Party to the Agreement on the European Economic Area, the period of compulsory national service shall also be taken into account within the twelve-month limit Carried out in the forms provided for by the legislation of the State of which they were responsible at the time when they performed the service.
The statutory officers of the ANPE recruited at a higher level of employment than the one to which they reported are classified, without seniority, at the level immediately above that with an equal index or, failing that, immediately Exceeds the index held in their original job level.
However:
(a) The provisions of the first paragraph of this article may not lead to the classification of an agent in exceptional levels of the level of host employment;
(b) When the change in the level of employment is accompanied by a change in administrative residence, the officers shall retain the seniority of the level previously held within the time limit to be moved to the new level.
The number of levels in each of the employment levels referred to in Article 3 shall be, subject to The provisions of Article 18, fixed as follows:
You can consult the table in OJ
No 1 of 01/01/2004 page 33 to 40
The number of agents classified at exceptional levels of Each of the seven levels of employment cannot exceed 10 % of the total strength of each level.
Delegate jobs Regional, deputy regional delegate and departmental delegate have a functional character.
Four functional steps are created in Level V A that are only accessible to departmental delegate functions and two Functional levels are created in Level V B, which are only available to officers serving as Regional Delegates and Assistant Regional Delegates.
Departmental delegations and ANPE regional delegations are Classified into two groups, depending on the importance and complexity of the functions, by decision of the intended Director General of the State Comptroller.
Agents accessing functional levels are ranked at the level with an index Immediately superior to that held with the retention of seniority seniority within the limit of the duration to be transferred to the functional level.
However, where the application of the provisions of this Article leads to their reclassification to a The agent retains the benefit of this index, with an index less than the one previously held.
Only level V-level officers appointed to perform the functions of departmental delegate in a departmental delegation Group access to the corresponding 4th functional level, and only the officers in the V B job level appointed to act as regional delegate in a regional delegation of the first group access the second functional step Corresponding.
Appointment in functions permitting access to functional levels is pronounced for an initial period of four years, renewable in the same administrative residence for a total period of up to seven years, after Opinion of the competent national joint committee. The services thus performed are taken into account in the seniority of the agent who finds his initial classification.
The persons delegated by the Director General shall carry out a periodic evaluation of each officer. This assessment, which gives rise to an individual interview, requires an assessment of the way in which it is to be used, of professional competence and of the achievements of continuing education.
It is the subject of an account communicated to The agent.
It may, in addition, include at the request of the agents:
1 ° An assessment of the skills developed for the acquisition of internal certificates of in-depth competence;
2 ° Internal validation of skills and Professional experience corresponding to the sector and the level of employment.
The terms of the evaluation, the certification of competencies, the validation of skills and professional achievements and the conditions of the taking into account The assessment in the management of the career of the agents shall be determined by decision of the Director General of the Agency, after the opinion of the National Joint Consultative Committee.
Training activities organised by the ANPE include:
1 ° Employment training Changing sector agents, which is compulsory;
2 ° Accompanying training for the acquisition of in-depth certificates of competence under conditions defined by the Director General's decision after advice of the Joint Consultative Committee National.
I.-Progress in each level of jobs Is done from a step to the next step.
Within the limit of an annual quota, the calculation of which shall be laid down in the order laid down in Article 19, shall be carried out each year after the opinion of the Joint Committee Competent, in each level of employment, for the award of seniority reductions of up to one year, without being able to exceed one half of the length of time to be spent at the level.
The conditions for granting these promotions, which Take into account, in particular, the development of the competences and the results of the evaluation provided for in Article 20, shall be specified by decision of the Director General after the opinion of the National Joint Consultative Committee.
For promotion rights, Periods of work completed on a part-time basis pursuant to Title IX of the Decree of 17 January 1986 shall be assimilated to services performed on a full-time basis.
II. -The statutory officers of the ANPE in total discharge of service for the exercise of a trade union mandate benefit, in the field of progress, of reductions in seniority equal to the average of the reductions enjoyed by the active agents The same level of employment and seniority of service at this level.
In each job level and in the Limit of the quota provided for in Article 17, may have access to the exceptional levels, at the choice and by decision of the Director General after the opinion of the competent Joint Committee, the agents having reached the corresponding level of employment Level with an index at least equal to the 1st step index.
The conditions for access at exceptional levels, taking into account the results of the assessment provided for in Article 20, shall be specified by decision of the Director General after advice of the National Joint Consultative Committee.
Vacation vacancies are published in all services of the ANPE. These positions may be filled by deployment, internal promotion or external recruitment.
The transfer consists of either a change in administrative residence or a change of course in a job at the same level. It shall be open to the agents referred to in Article 1.
The transfer at the request of the agent shall be delivered after the opinion of the competent Joint Committee, subject to the conditions specified by the decision of the Director General after the opinion of the Committee National Joint Consultative Group.
Changes in places of work within the same administrative residence are made by decision of the Director General prior to examination of transfer requests.
Promotion is by channel for Access to posts at levels III and IV B and without distinction of sector for access to posts at levels II and IV A, in accordance with the modalities defined by the decision of the Director General after the opinion of the National Joint Consultative Committee.
For The application of the provisions of this Article, the administrative residence shall mean the territory of the commune where the service of assignment of the agent is situated or, in the case of multi-communal urban agglomerations within the meaning of the INSEE, the group of On a list drawn up by the Director General. However, where the officer's assignment service has several locations, all of these locations, regardless of their geographical location, constitute a single administrative residence.
By decision of the Director General, a statutory officer of the ANPE may, with his agreement, be made available to an administration of the State, a territorial community, a public institution or a public or private body, French or foreign, responsible for A mission of general interest.
In this situation, the officer is placed under the direct functional authority of the head of the administration or agency from which the officer is made available. A convention signed between the ANPE and the host organisation provides for the conditions of this provision, in particular the duration and the reimbursement by the host organisation of the remuneration received by the agent and the social charges, as well as the The monitoring and evaluation of the activities of the agent being made available. It is previously covered by the State Controller of the ANPE and, where it exists, by the financial controller or the State Controller of the host organisation.
This provision, the initial duration of which may not exceed three years, may be Once in the same maximum limit and, where appropriate, extended by an express decision of the Director General.
In this situation, the officer remains governed by the provisions of this Order. The Director General of the ANPE, who exercises disciplinary authority, may be seized by the administration or the host organization.
Before the expiration of its term, the making available may be terminated at the request of the officer, the ANPE or the The administration or the host organisation, in accordance with the arrangements laid down in the Convention referred to in the first subparagraph of this Article. However, in the event of disciplinary misconduct, the provision may be terminated without prior notice by agreement between the administration or the host organisation and the ANPE.
At the end of its making available the officer is re-employed on employment Previously occupied or, failing that, on equivalent employment of its level and sector, in its department of origin or, failing that, in its region.
By way of derogation from the provisions of Article 22 of the decree of 17 January 1986 referred to above, the agents referred to in Article 1, employed continuously for at least three years, may obtain, subject to Operational requirements, leave without pay for personal reasons for a maximum period of three years, renewable once. The request for leave indicating the start date and the duration of the leave shall be formulated at least one month in advance by registered letter.
Agents who request it by registered letter within two months of the expiration of the leave Shall, after the opinion of the competent Joint Committee, be reinstated in their employment or, failing that, in another vacant position of the same level, to the extent permitted by operational requirements. In the absence of an application submitted within the time limit mentioned above, the officers are considered to have resigned. The officer who refuses three re-employment proposals is dismissed.
The agents mentioned in item 1 called in The interest of the ANPE in performing duties with an outside organization may be granted leave without pay for a maximum period of five years. Such leave shall be renewable within the same maximum limit, at the request of the persons concerned before the expiry of the leave in progress.
Agents who request it by registered letter within two months of the expiration of the leave They benefit, are, at the end of the latter, reinstated in their employment or, failing that, in another employment of the same level. In the absence of an application submitted within the time limit mentioned above, the officers are considered to have resigned. The officer who refuses three re-employment proposals is dismissed.
The duration of this leave is taken into account for service seniority and advancement within the ANPE.
Notwithstanding the provisions of Article 43 of the aforementioned Decree of 17 January 1986, the Disciplinary sanctions that could be applied to agency officers are divided into four groups:
First group:
a) Warning;
b) blame.
Second group:
a) scaling down;
b) Temporary exclusion of duties for up to six months;
(c) Office displacement.
Third group:
a) The reclassification in the job level immediately below;
b) The temporary exclusion of features for Six months to two years.
Fourth group:
Dismissal without notice or compensation.
Only the warning is not written to the agent folder.
The disciplinary power shall belong to the Director General who exercises it in accordance with the provisions of Article 44 of the Decree of 17 January 1986 above.
The Director General may give delegation to regional delegates, departmental delegates in the overseas departments and the director of the headquarters of the Agency for the purpose of imposing the sanctions of the first Group.
Other sanctions shall be imposed by decision of the Director General after the opinion of the competent national Joint Committee sitting on the Disciplinary Board.
All sanctions are imposed by reasoned decision.
When the Director General decides to initiate proceedings against an agent, he is informed by registered letter With notice of receipt; this letter informs him of his right to obtain the complete communication of his individual file and of all attached documents and to be assisted by a defender of his choice. It shall have a period of fifteen days from the receipt of that letter for the submission of written observations.
The National Joint Committee sitting on the Disciplinary Board is seized by a report from the Disciplinary Authority.
This report must indicate the facts The agent and specify the circumstances in which they occurred.
The continued agent may make written or oral representations to the Disciplinary Board, call witnesses and be assisted by a counsel of His choice. The right to call witnesses shall also belong to the establishment.
The officer shall be summoned by the Chair of the Disciplinary Board at least eight days before the date of the meeting, by registered letter with acknowledgement of receipt.
On The Disciplinary Board shall deliberate in camera outside the presence of the agent pursued, his counsel and witnesses.
If
is not sufficiently informed about the circumstances in which these facts occurred, the Disciplinary Board may, by a majority of the members present, order a further investigation. The results of this investigation must be brought to the attention of the officer and the Disciplinary Board within one month.
The Disciplinary Board shall, in the light of the written observations submitted to it and take into account, where appropriate, the Oral statements by the person concerned and the witnesses, as well as the results of the investigation to which he may have been carried out, shall issue a reasoned opinion on the action which it considers necessary to be reserved for the disciplinary proceedings initiated.
The Disciplinary Board shall decide within two months from the day on which it was seized by the report. Authority with disciplinary authority. This period shall be extended to three months when further investigation is carried out.
Where the officer is subject to criminal proceedings, the Disciplinary Board may, by a majority of the members present, propose to suspend the proceedings Disciplinary until the intervention of the court decision.
However, if the Director General decides to continue the procedure, the Council shall take a decision within the time limits referred to in the first subparagraph, from the notification of that Decision.
Any reference to the reprimand of an agent shall be deleted after three years if no other Sanction did not occur during this period.
An unlicensed officer who has been subject to disciplinary action other than the reprimand may, after 10 years of effective service from the date of disciplinary action, introduce To the Director General, requesting that no trace of the sanction imposed shall remain on his file. The Director General shall act on that request, after the opinion of the competent national Joint Committee.
In the event of a serious misconduct by an agent, whether it is a breach of his or her professional duties or a common law offence, the perpetrator may be suspended by the Director General Who seizes the Disciplinary Board.
The suspended agent retains its salary, residence allowance and family supplement for treatment. The situation must be definitively settled within the four-month period. If, at the end of that period, no decision has been taken by the disciplinary authority, the person concerned, unless he is the subject of criminal proceedings, shall be reinstated.
Subject to the provisions of the last two Section 33, an officer who, by reason of criminal proceedings, is not reinstated in his or her duties, may be subject to a deduction that cannot be greater than one-half of the remuneration referred to in the preceding paragraph. In any event, he continues to collect all the surcharges for family expenses.
An officer who does not present himself or her service is deemed to be in an irregular absence if he or she does not produce evidence that is valid within forty-eight hours. Irregular absence shall, irrespective of possible disciplinary action, entail the interruption of the payment of remuneration and of any compensation, the rights to the advancement of the echelon and the annual leave.
When the agent is out Irregular, a formal notice to resume his position with the statement of consequences is sent to him by registered letter with notice of receipt.
Agent who, except in cases of force majeure, fails to provide evidence Considered valid or to resume his or her position within ten days of the date of the recommended letter, shall be considered to have resigned.
Staff level IV B agents may request to be temporarily discharged from their responsibility. This request from the line of command to the Director General must be substantiated.
The Director General, after the opinion of the competent national Joint Committee, may decide to place the appropriate officer in the level of employment immediately Lower. In this situation, the agent is classified at the base level with an equal index or, failing that, immediately superior with retention of seniority within the limit of the length of time to be spent at the reception level. If the person concerned has an index of remuneration in excess of the index relating to the last basic step of the level of employment in which he is provisionally placed, the Director General, after the opinion of the competent national Joint Committee, May decide to maintain, on an exceptional basis, its previous index until, as a result of access to exceptional levels, it has at least an equal index.
The agent temporarily discharged from his or her responsibility may request that That the situation be re-examined. The Director General, after the opinion of the competent national Joint Committee, may decide to place the person concerned in his or her original position. It is then classified at the level with an equal index or, failing that, immediately superior with the conservation of its seniority of echelon within the limit of the length of time to pass in that echelon.
The reclassification of agents who are medically unfit to perform their duties shall be carried out after the opinion of the doctor of prevention and consultation of the Competent Joint Committee, in accordance with the modalities defined by the Director General's decision after the opinion of the National Joint Consultative Committee.
In the event of a reduction in the number of staff, the Director General shall draw up a social plan for reclassification, on which he shall obtain the opinion of the National Joint Consultative Committee.
Agents are, to the extent compatible with The requirements of the service, assigned by priority to a vacant position of the same level, after training.
In the absence of this, the ANPE is looking for other modalities of reclassification, if necessary after training, particularly in public institutions Or agency-related bodies by convention.
In the event of impossibility of reclassification in the forms provided for in this Article, the dismissal is pronounced.
To take account of the special nature of the conditions for the exercise of the missions of the ANPE in the overseas departments, the procedures for applying this Decree to the officers The overseas departments shall be specified, as appropriate, by joint order of the Ministers responsible for employment, the budget and the public service, taken after consultation with the representative trade unions and the opinion of the Committee National Joint Consultative Group.
For the purposes of this Order, the Director General may delegate to Regional delegates, the departmental delegates in the overseas departments and the director of the headquarters, the management acts concerning the staff of levels of employment I to IV A. The decision of the Director General may restrict his delegation to certain management acts.
On the effective date of this Decree, a level I bis and, until 30 June 2004, a level IV B bis is hereby established. Level I bis has twelve echelons, one of which is an exceptional level accessible to officers of this level with three years of seniority in the 11th echelon. Level IV B bis has sixteen rungs, five of which are exceptional levels accessible to officers who have reached at least one level with an index at least equal to the first step index. The length of time to be spent in each level of levels I bis and IV B bis and the indicial stages in these two levels shall be fixed by the order referred to in Article 19.
Officers classified, on a temporary basis, at levels I Bis and IV B bis may benefit from reductions in the length of time to be spent in the echelons under the conditions laid down in Article 22.
ANPE's statutory officers are classified in the job levels created in sections 3 and 42 according to the following match table:
You can view the table in the OJ
n ° 1 of 01/01/2004 page 33 to 40
Interested persons are classified in the level of jobs corresponding to the seniority identity with retention of seniority, within the limit of time to be taken to the level of reception. The Director General shall distribute the officers in the channels established by this Decree in the light of the jobs they occupy, in accordance with the job classification provided for in Article 3.
As of July 1, 2004, agents classified in Level IV B bis are integrated into level IV B in accordance with the conditions laid down in Article 44.
Services performed in the original employment framework are assimilated to services performed in the occupational level of reclassification.
For a period of two years from the effective date of this Order, and within an annual quota In respect of each of these two years, the officers classified in levels I bis to III in accordance with the provisions of Article 43 may, under the conditions laid down in the following paragraph, be appointed to a job falling within the scope of the Level immediately higher after entry on a list drawn up by the Director General, after notice of a reclassification commission, which sits with regional delegates, departmental delegates in the overseas departments and To the Director of the headquarters of the Agency for access to levels I to IV A, with the Director General for access to level IV B. For this purpose, the beneficiaries of this Article shall be awarded a number of points of index according to their Level of employment. This package is fixed by the order referred to in Article 19.
At the end of the period of time spent on the scale occupied by the effective date of this Order, the officers referred to in the first paragraph of this Article shall be reclassified to the level Immediately above and above the level with an equal index or, failing that, immediately above the index held in their original employment level plus the package provided for in the preceding paragraph.
The The composition of the reclassification commission established pursuant to the first paragraph of this Article and the procedures for the examination of the professional files referred to it shall be determined by decision of the Director General after the opinion of the National Joint Consultative Committee.
Members of joint committees established pursuant to the Decree of the 29 June 1990 laying down the Staff Regulations of the Contract Agents of the National Employment Agency shall remain in office until the expiry of their term of office and shall carry out their duties in accordance with the correlation table Article 43, with the exception, however, of the members of the Joint Employment Framework Committee of the principal advisers who exercise the powers of the representatives of the levels of employment III and IV A introduced in Article 3.
For a period of two years from the effective date of this Order, reductions in the time to be spent Provided for in Article 22 may be between six months and thirty-six months without being able to exceed, for each assignment of seniority reductions, the remaining time to run in the echelon. A decision of the Director General, taken after the opinion of the National Joint Consultative Committee, shall specify the arrangements for the application of the provisions of this Article.
The winners of the last external competitions organised pursuant to the Decree of 29 June 1990 may be recruited for a period of two years from the date of Effect of this Order in accordance with the following table of correspondence:
You can view the table in OJ
No. 1, 01/01/2004, page 33 to 40
Agents recruited under the Provisions of the Decree of 29 June 1990 and on probation on the date of effect of this Decree shall continue their traineeships in the levels of employment referred to in Article 3 in accordance with the correlation table in Article 43 and in The conditions laid down in Article 14.
Agents registered on promotion lists or winners of closed competitions pursuant to the Decree of 29 June 1990 may be promoted for a period of two years from the date of the Effective date of this Order in accordance with the following correspondence table:
You can view the table in OJ
No 1, 01/01/2004, page 33 to 40
I.-Notwithstanding the provisions of Article 2, officers on fixed-term contracts in office on the effective date of this Decree or Beneficiary That same date of one of the leave provided for in the aforementioned decree of 17 January 1986 shall continue to be employed under the conditions in force on the date of their commitment.
II. -Agents on fixed-term contracts, in office at the date of effect of this Decree, may be recruited, as a statutory agent, by occupational selection, in the level of employment for which they are responsible, for a period of two years From the effective date of this Decree, subject to the following conditions:
1 ° Justify effective services of a duration equivalent to six years at least of full-time service to the Agency at the closing date of the Registration;
2 ° Meeting the conditions set out in Articles 5 and 13.
The nature of the professional selection tests, the conditions and rules of general organisation and the composition of the selection board shall be fixed by decision of the Director General.
With the exception of sections 5 to 12 and 25 to 28, this Order may be amended by Simple decree.
In Article R. 311-4-21 of the Labour Code, the words "The Decree of August 10, 1966" are Replaced by the words: "Decree No. 90-437 of 28 May 1990 amended".
Decree No. 90-543 of 29 June 1990 fixing the Status applicable to contract agents of the Agency is repealed.
The Minister of Social Affairs, Labour and Solidarity, the Minister for the Economy, Finance and Industry, the Minister for the Public Service, the reform of the state and spatial planning and the Minister responsible for the budget and budgetary reform are responsible, each in Concerning the execution of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, 31 December 2003.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister of Business Social,
du travail et de la solidarité,
François Fillon
Minister of the Economy,
Finance and Industry,
Francis Mer
The Minister of the Public Service,
of the Reform
and Spatial Planning,
Jean-Paul Delevoye
Delegate Minister for Budget
and Budget Reform,
Alain Lambert
