Decree No. 2003 - 1370 31 December 2003 Laying Down The Provisions Applicable To Contract Agents Of Public Law Of The National Agency For Employment

Original Language Title: Décret n° 2003-1370 du 31 décembre 2003 fixant les dispositions applicables aux agents contractuels de droit public de l'Agence nationale pour l'emploi

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Legislation Decree of 31 December 2003 on the application of articles 19, 22, 42 and 44 of Decree No. 2003-1370 of 31 December 2003 laying down the provisions applicable to contract agents of public law of the National Agency for employment Decree of 31 December 2003 on the application of articles 19, 22, 42 and 44 of Decree No. 2003-1370 of 31 December 2003 laying down the provisions applicable to contract agents of public law of the National Agency for employment Decree No. 2003-1369 of 31 December 2003 concerning the entry into force of decrees and orders Decree No. 2003-1373 of December 31, 2003 relating to the system of allowances of contractual agents of public law of the National Agency for employment Decree No. 2004-385 of 28 April 2004 amending Decree No. 2003-1370 31 December 2003 laying down the provisions applicable to contract agents of public law of the National Agency for employment Decree No. 2004-386, April 28, 2004 relating to the system of allowances of contractual agents from public law of the National Agency for employment summary amendment of art. R. 311-4-21 of the code of labour (art. 2 of Decree 87-442). Repeal of the amended Decree 90-543.
Partially repealed text: art. 2, 5, 6, 12, 15, 10, 43-47.
Keywords Social Affairs, AGENCE NATIONALE POUR L'EMPLOI, ANPE, PERSONNEL, recruitment, staff NON owner, AGENT contract, PUBLIC law, AGENT contract governed by PUBLIC law, treatment, REMUNERATION, level, timing INDICIAIRE, advancement, improvement of career links subsequent Decree No. 2004-385 of 28 April 2004 amending Decree No. 2003-1370 31 December 2003 laying down the provisions applicable to contract agents of public law of the National Agency for employment JORF n ° 1 of January 1, 2004 page 33 text no. 11 Decree Decree No. 2003-1370 31 December 2003 laying down the provisions applicable to contract agents of public law of the National Agency for employment NOR: SOCF0312021D ELI: http://www.legifrance.gouv.fr/eli/decret/2003/12/31/SOCF0312021D/jo/texte to Alias: http://www.legifrance.gouv.fr/eli/decret/2003/12/31/2003-1370/jo/texte Prime Minister, on the report of the Minister of Social Affairs, labour and solidarity., Minister of the economy Finance and industry and the Minister of public service, the reform of the State and the development of the territory, seen the labour code, particularly articles L. 311 - 7 and R. 311-4-1 to r. 311-4-22;
Pursuant to law No. 83 - 634 of 13 July 1983 as amended on rights and obligations of officials, all amended Act No. 84-16 of 11 January 1984 on the statutory provisions on the public service of the State;
Mindful of Decree No. 75-205 of March 26, 1975 as amended taken for the purposes of article 43 of Act No. 71-575 of 16 July 1971 on the organisation of continuing vocational training in the context of education permanent non-incumbent civil servants of the State and public institutions of the State not having the character industrial and commercial;
Mindful of Decree No. 84-38 of 18 January 1984 amended fixing the list of public institutions of the State administrative nature under 2 ° of article 3 of Act No. 84-16 of 11 January 1984;
Having regard to Decree No. 86 - 83 of 17 January 1986 as amended relating to the General provisions applicable to non-incumbent officials of the State taken for the purposes of article 7 of Act No. 84-16 of 11 January 1984 containing statutory provisions relating to public service of the State;
Mindful of Decree No. 94-741 of 30 August 1994 relating to assimilation, for access to competitions for public service of the State, of the diplomas awarded in other Member States of the Community European or parties to the agreement on the European economic area, as amended by Decree No. 98-485 of June 12, 1998;
Mindful of Decree No. 95 - 606 of 6 May 1995 establishing advisory bodies to the National Agency for employment;
Having regard to the opinion of the national Joint Advisory Committee of the National Agency for employment dated June 19, 2003;
Having regard to the opinion of the Board of Directors of the National Agency for employment dated June 20, 2003;
The Council of State (finance section) heard, enacts as follows: title I:: Chapter I General provisions: scope of application Article 1 this order lays down special provisions applicable to the permanent staff of the national employment agency (ANPE) recruited by public law to indefinite contract. They are referred to as statutory agents of the institution.
General provisions applicable to non-incumbent officials of the State envisaged by the Decree of 17 January 1986 referred to above are applicable, subject to the provisions of this Decree.


Article 2 where the nature of the functions or the needs of the service so require, the ANPE can recruit term contract agents. Subject to the provisions of article 7 of the Decree of 17 January 1986 referred to above relating to contracts for casual or seasonal, needs the subscribed, renewable contract by express renewal period cannot exceed, including any renewals, a total of six years.

Chapter II: Article 3 job Classification the agents referred to in article 1 are distributed, given their jobs, in one of the following levels: I, II, III, IV A, IV B, V A, V B and subject to the provisions of the third paragraph, in one of the following sectors: Council for employment, support and management, information systems and operational management.
Production and employment Council support and management-information systems have five levels of employment, level I to level IV B, and the operational management sector includes two IV A and IV B employment levels. Senior management and Executive jobs are off track and V A and V(b) levels. Deputy Director general and Director General Directorate employment have a functional character.
The classification of jobs in different levels is stopped by decision of the Director general, after consultation with the national Joint Advisory Committee.

Chapter III: Committees joint section 4 I. - established with the Director general of the ANPE following national boards: 1 ° a national joint commission for each of the levels of jobs I to IV B;
2 ° a common national joint commission for V A and V(b) employment levels.
Commissions joint national instituted for IV B, V A and V(b) employment levels are competent to give their opinions on individual decisions taken pursuant to the provisions of this Decree providing for their consultation. The national boards of employment I to V B levels sit in disciplinary board.
II. - Shall be established with each regional delegate, each departmental delegate in the overseas departments and to the Director of the competent local joint commissions agency headquarters to give an opinion on the individual decisions of agents belonging to each levels of jobs I to IV A taken in pursuance of the provisions of this Decree providing for their consultation.
III. - The composition, the duties and the modalities of operation of the joint commissions are fixed by decision of the Director general, after consultation with the national Joint Advisory Committee. The representatives of the staff to these commissions are designated under the conditions laid down in article 14 of the aforementioned law of January 11, 1984.

Title II: Recruitment Article 5 no cannot be recruited on the basis of this decree if it does not meet the conditions laid down in article 3 of the Decree of 17 January 1986 above and it justifies titles, diplomas and, where appropriate, experience required for level which is considered employment and for statutory agents, if they do not meet the conditions respect, by articles 7, 8 and 9.


Article 6 for the jobs I level referred to in article 3, agents are recruited in each of the support and management sectors and information as a result of an open external selection systems: has) on tests to candidates justifying one of degrees or diplomas provided for in article 13;
(b) on events with a professional character, to candidates possessing professional experience recognised in the conditions laid down in the penultimate paragraph of article 13.


Article 7 to II and IV A employment levels referred to in article 3, the agents are recruited in each sector in the following manner: 1 ° by an open or external selection: has) on proofs, to supporting candidates, for the required level of diplomas or mentioned in article 13;
(b) on events with a professional character, candidates not having statutory of ANPE and justifying officer quality, to the required level, professional experience recognised in the conditions laid down in the penultimate paragraph of article 13;
2 ° by a selection internal tests aimed at assessing the ability to perform the corresponding functions open:
(a) statutory staff employed under the level immediately below and having previously met occupational attainments and skills assessment tests referred to I of article 10;
(b) the statutory staff employed under the level immediately below and justifying the validation of skills and professional achievements of their level laid down in article 20;
(c) to the agents don't have occupant and statutory agents at the ANPE employment falling within the same level.
In addition, the agents referred to in 2 ° of this article must justify times for services, as a public official within the ANPE, established by decision of the Director general after consultation with the national Joint Advisory Committee.


Article 8 for the levels III and IV referred to in article 3 B jobs, agents are recruited in each sector in the following manner: 1 ° by an external securities selection open to candidates who are not of the ANPE statutory agent and justifying, to the required level, either from one of degrees or diplomas mentioned in article 13, or recognized professional experience under the conditions laid down in the penultimate paragraph of the same article.
2 ° by a selection internal professional events open: has) statutory officers employed within the immediately lower level in the same industry and having previously satisfied tests for assessment of skills and vocational experience mentioned in the I of article 10;
(b) the statutory staff employed within the immediately lower level in the same industry and justifying the validation of skills and professional achievements of their level laid down in article 20;
(c) to the agents not having the quality of statutory agent at the ANPE employment within the same level.
In addition, the agents referred to in 2 ° of this article must justify times for services, as a public official within the ANPE, established by decision of the Director general after consultation with the national Joint Advisory Committee.


Article 9 for levels of V A and V(b) mentioned in article 3 jobs, agents are recruited in the following manner: 1 ° by an external securities selection open to candidates who are not of the ANPE statutory agent and justifying, to the required level, either from one of degrees or diplomas mentioned in article 13, or recognized professional experience under the conditions laid down in the penultimate paragraph of the same article;
2 ° to the choice, after receiving the opinion of the competent national joint commission, among the statutory agents of ANPE IV B level for access to 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 laid down in article 20. In addition, they must justify services as statutory agent durations laid down by decision of the Director general after consultation with the national Joint Advisory Committee.


Article 10. - The nature of the selection tests and evaluation of the skills and professional qualification laid down in articles 6 to 9, the conditions and rules for the General organisation of these events, the composition of the Board as well as the distribution of jobs to be filled under the terms of recruitment are laid down by decision of the Director-general.
For external recruitment to jobs I to IV levels, the Executive Director may delegate his powers of organization, advertising, review applications, establishment of the list of candidates admitted to compete, appointment of members of juries and staging of events, with regional delegates, to the departmental delegates in the overseas departments and to the Director of the headquarters of the ANPE.
A decision of the Director general authorizes the opening of external recruitment devolved in jobs I to IV A levels. It specifies the number of positions offered by level and by sector, as well as their distribution between the regional delegations, departmental delegations in the French overseas departments and the direction of headquarters.
II. - At the end of the tests, Board lists in alphabetical order the candidates found suitable for the exercise of functions. An additional list is established, aimed at allowing until the next recruitment and the maximum for a period of two years, the replacement of candidates registered on the main list that cannot be recruited, or possibly, to provide for a holiday in the range of two recruitment.
III. - The overall internal promotion rate may vary between 1.3% and 2% of the total strength of the ANPE within the limits of the jobs to be filled, without however that external recruitment speaking of 1 ° of article 7 could be less than 40% of the jobs to be filled and that external recruitment speaking of 1 ° of articles 8 and 9 can be higher than 20% of the jobs to be filled. These proportions are fixed by decision of the Director-general after consultation with the national Joint Advisory Committee.


Article 11 i. - For levels I and II jobs, there is hereby established a pre-recruitment by an external selection on events open to candidates with a level of diploma allowing them in two years of study up followed by alternating, access to one of the degrees or diplomas required in article 13 for each of the considered employment levels. The selected agent was recruited by contract of full-time incomplete pre-recruitment with a proportion of time working and training adapted to the arrangements for his studies.
The agent performs a probationary period equal to the duration of the training provided by the contract for the recruitment of the level of employment for which he is recruited, augmented by six months. During this probationary period, he receives a calculated remuneration in proportion to the percentage of working time provided for in the contract, by reference to the vrcpi to the 1st step of the level of jobs for which he was recruited. At the end of this period, the agent which the internship is considered satisfactory and which has obtained the required diploma is engaged on a permanent contract. Agent who has not obtained the diploma required within the maximum period of two years or whose probationary period is not considered satisfactory terminated without notice or compensation.
II. - In the levels of jobs IV A and IV B, there shall be a pre-recruitment by an internal selection on events open to agents for lasting minimum services and a level of diploma allowing them to access two years maximum to one of degrees or diplomas required by section 13 for each of the levels of jobs. The selected agent follows an alternating training on his time working for the acquisition of a diploma. During this period, the agent collects pay at its level of classification. Obtaining the required diploma or title allows the agent to access the level of jobs for which the selection was made.
III. - A decision of the Director general, after consultation with the national Joint Advisory Committee, lays down detailed rules for the application of the provisions of this article, the nature of the selections and the length of the services provided in II.


Article 12 by way of derogation from the provisions of article 2, workers persons with disabilities by the commission guidance and professional reclassification provided for in article l 323 - 11 of the labour code, and whose disability has been considered compatible with the job applied, can be recruited as an agent under term contracts, for a period of a duration equal to the duration of the probationary period provided for each level of jobs in article 14. Applicants must meet the requirement diploma or professional experience referred to in article 13 for the recruitment in the considered level of jobs.
At the end of the contract, the professional ability of the agent is assessed by the Director general in the light of the record of the person concerned and after a discussion of it with a jury designated by the authority responsible for the recruitment. If the agent is declared fit for the exercise of functions, it is committed. If, without be proved unfit, it did not evidence of sufficient professional capacities, the contract may be renewed once for a duration equal to that of the original contract. If, at the end of the contract initial or renewal, the assessment of the ability of the agent reveals insufficient professional skills, the contract is not renewed.
If the person is recruited, the initial duration of the contract term is taken into account for its advancement.


Article 13 for recruitment in application of articles 6 to 9, the conditions titles, diplomas, professional experience or seniority of required services appreciate the closing date entries.
Recruitment speaking on article 6, the has of 1 article 7 ° and 1 ° of articles 8 and 9 are open to candidates holding a title or degree whose Executive Director sets the list by decision and whose level is defined as: 1 ° level of jobs I: Diploma for the end of the second cycle of secondary education;
2 ° level of jobs II: Diploma for the end of the first cycle of higher education or diploma at least equivalent;
3 ° level of jobs III: licence or diploma at least equivalent;
4 ° level IV jobs: master's degree or diploma at least equivalent;
5 ° IV B, V A and V(b) employment levels: Diploma of postgraduate education or diploma at least equivalent.
May also be allowed to attend the selection tests for candidates with a diploma issued in another Member of the Community European or party to the agreement on the EEA European, whose assimilation with the required diplomas will be recognized in conditions comparable to those provided for by the Decree of 30 August 1994 referred to above.
May also be eligible to take these tests of selection candidates holding a degree in one State other than those mentioned in the preceding paragraph, as the assimilation of their diploma with one of the required diplomas will be recognized in conditions comparable to those provided for by the Decree of 30 August 1994 referred to above.
Candidates possessing professional experience recognized by a commission established by the Director general, after consultation with the national Joint Advisory Committee, and attesting to a level comparable to the mentioned above, graduates can be admitted to the selections on titles and professional tests laid down in article 6 and 1 ° of items 7 to 9.
The manner of filing of applications and the documentation are laid down by decision of the Director-general after consultation with the national Joint Advisory Committee. The minimum duration of the professional experience is set at two years for access to level I, to three years for access to level II, to five years for access to levels III and IV A and IV B, V A and V(b) levels eight years. This minimum is reduced to two years where the candidate warrants a title of a level immediately below the required diploma. For recruitment in the information systems industry, the Executive Director may, having regard to the operational requirements of the service, reduce the minimum duration of the professional experience.

Title III: Training and classification Article 14 I. - the staff in application of articles 6 and 7 and of 1 ° of article 8 are required during the probationary period to an initial job training with the acquisition of theoretical knowledge and learning in work situations. This training is carried out within the Agency and, where appropriate, undertaking. At the end of the probationary period, agents must meet a control of fitness taking into account the validation of professional knowledge and appreciation on the way to serve. The conditions for organization of this initial training and the ability control are laid down by decision of the Director-general after consultation with the national Joint Advisory Committee.
The duration of the probationary period is fixed at six months for levels of jobs I, II and III, and to one year for employment IV A and IV B levels. The absence of the agent for a reason deemed valid interrupts the initial probationary period. It is then extended by the duration of the interruption in the limit of a duration equal to the initial period. During the probationary period, the administrative home of the agent may be provisional.
To the course or at the expiration of the probationary period, the contract may be terminated at the initiative of one or other of the parties, without notice or compensation, by registered letter with request for acknowledgement of receipt. Depending on the results of the control of fitness, if the probationary period is deemed satisfactory, the agent was hired by express decision by the Director-general. Otherwise, the probationary period may be renewed at the initiative of the ANPE for a period more than half of the initial period. At the end of this renewal, the person concerned must meet a new aptitude control. If, at the end of the initial probationary period, where applicable, the renewal period, results are considered inadequate, the agent contract without notice or compensation, by registered letter with request for acknowledgement of receipt. However, the agent who was previously a statutory agent for the Agency is reintegrated into employment corresponding to its original level.
The initial duration of the probationary period is taken into account for the progress of the agent.
II. - The duration of the trial period of the staff pursuant to article 2 is fixed by their contract.


Article 15 the candidates recruited in respect of articles 6 to 9 which, to the date of their recruitment, had not the acting as statutory agent of the Agency, are classified at a level of their level of jobs taking into account, on the basis of the times planned for the level to which they access, in addition to time spent in compulsory national service, the years of previous professional experiences carried out duties of a similar nature and level at least equivalent , within the limits of two-thirds of their term but shall not exceed eight years. Detailed rules for the application of the provisions of this paragraph are specified by decision of the Director-general after consultation with the national Joint Advisory 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, is also taken into account, within the limit of 12 months, the period of compulsory national service accomplished in the manner prescribed by the legislation of the State in which they were at the time where they have done such service.


Article 16 the statutory staff of ANPE recruited into a level of jobs higher than that which they were are classified, without seniority, to the level immediately above that with an index equal or, failing that, immediately superior to the index held in their level of employment of origin.
However: a) the provisions of paragraph 1 of this article may lead to classify an agent in exceptional levels of home employment level;
(b) where the change in level of employment is accompanied by a change of administrative residence, officers retain seniority in step previously held within the limits of time to spend in the new step.

Title IV: REMUNERATION Article 17 the number of levels in each of the levels of employment referred to in article 3 shall, 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 in exceptional levels of each of the seven levels of jobs may not exceed 10% of the total population of each level.


Article 18 regional delegate jobs, Assistant regional Commissioner and departmental delegate have a functionality.
Four functional levels are created in the V A level which are accessible to agents carrying out the functions of departmental delegate and two functional levels are created in the V B level that are accessible to the officers carrying out the functions of regional delegate and Deputy regional delegate.
The departmental and regional delegations of ANPE are classified into two groups, depending on the importance and the complexity of functions, by decision of the Director-general referred to the State controller.
Agents accessing functional levels are classified at level with an index one held with conservation of the seniority within the limits of the time to spend in the functional level.
However, when the application of the provisions of this section led to their reclassification to a level with a subscript that previously held, the agent retains the benefit of this index.
Only the V A level officers appointed to ensure departmental delegate functions in a departmental delegation of the first group access the 4th corresponding functional level and only the level of jobs V B officers appointed to ensure the functions of regional delegate in a regional delegation in the first group have access to the 2nd corresponding functional level.
The appointment to functions allowing access to functional levels is pronounced for a duration of four years, renewable at the same administrative residence for a total maximum of seven years, after the opinion of the competent national joint commission. Thus accomplished services are taken into account in the oldness of the agent who finds his initial classification.


Article 19 more on this article...

The ANPE agents have law, after service at a monthly remuneration calculated on the basis of their level of classification-related index. The value of the index point is that public service and follows its evolution.
This compensation is added, where appropriate, a residence allowance and the family supplement treatment in the conditions prescribed for officials of the State, as well as allowances as provided by Decree.
A joint Ministers, respectively, employment, budget and fixed public service, for each level of jobs, as well as for functional jobs mentioned in article 18, the staggering scale and the length of time in each level to access the upper echelon.

Title V: EVALUATION, training and advancement chapter I: Evaluation Article 20 persons delegated by the Director general shall carry out periodic evaluation of each agent. This assessment, which gives rise to a personal interview, must include an appreciation of the way to serve the professional competence and achievements of continuing education.
It is the subject of a report communicated to the agent.
It may, in addition, include at the request of agents: 1 ° an appreciation of the skills developed to acquire in-depth skills internal certificates;
2 ° validation internal skills and professional experience corresponding to the sector and the level of jobs occupied.
Detailed evaluation, certification of skills, the validation of skills and professional experience and the conditions for taking account of the evaluation in the management of the career of the officers are laid down by decision of the Director-general of the Agency, after consultation with the national Joint Advisory Committee.

Chapter II: Rights and obligations Article 21 training training actions organised by ANPE have purposes: 1 ° the training of officers changing sector, which is compulsory;
2 ° the formation of accompaniment to the acquisition of certificates of competence in conditions established by decision of the Director general after consultation with the national Joint Advisory Committee.

Chapter III: Progress Article 22 I. - increment in each level of jobs is one step to the next higher level.
In the limit of an annual quota which the terms of calculation are laid down by order provided for in article 19, is conducted, annually, after opinion of the competent Joint Committee, in each level of jobs, the allocation of reductions of seniority to a maximum of one year, but shall not exceed half of the length of time to spend in the level.
The conditions of these advancements, which take particular account of the development skills and the results of the assessment provided for in article 20 are specified by decision of the Director-general after consultation with the national Joint Advisory Committee.
For rights to advancement, work periods part-time in application of title IX of the Decree of 17 January 1986 referred to above are assimilated to full-time made services.
II. - The statutory staff of the ANPE in complete discharge of service for the exercise of a trade-union office qualify for level advancement, in retirement savings equal to the average of the reductions enjoyed by agents in activity of the same level of job and length of service in this level.


Article 23 in each level job and within the limits of the quota provided for in article 17, may access at exceptional levels, choice and by decision of the Director-general after consultation with the competent joint commission officers who have reached the level of corresponding jobs in one step with an index at least equal to the index of the 1st exceptional step.
The conditions for access to exceptional levels, taking particularly into account the results of the assessment referred to in article 20, are specified by decision of the Director-general after consultation with the national Joint Advisory Committee.

TITLE VI: MUTATION. -PROMOTION. -Mobility Chapter I: Mutation. -Promotion Article 24 vacancies are published in all services of the ANPE. These positions may be filled by mutation, internal promotion or external recruitment.
The mutation is constituted by a change of administrative residence, either by a change in sector employment at the same level. It is open to the agents referred to in article 1.
The mutation at the request of the agent is pronounced after the opinion of the competent joint commission, under the conditions specified by decision of the Director-general after consultation with the national Joint Advisory Committee.
Changes in workplaces within a same administrative residence are delivered by decision of the Director-general before consideration of the transfer requests.
The promotion is done by industry for access to jobs in levels III and IV B and regardless of industry for access to jobs in levels II and IV A, terms defined by decision of the Director-general after consultation with the national Joint Advisory Committee.
For the application of the provisions of this section, the administrative residence means the territory of the commune where the assignment of the agent, or in the case of multi-communal urban areas within the meaning of the INSEE service, from Commons a list group arrested by the Director general. However, when the assignment of the agent service has several locations, all these places, regardless of their geographical location, constitute a single administrative residence.

Chapter II: Making available, leave for personal reasons and leave in the interest of the service Article 25 by decision of the Director general, a statutory agent of the ANPE may, with his consent, be placed at the disposal of an administration of the State, a territorial collectivity, a public institution or a public or private, french or foreign body, charged with a mission of general interest.
In this situation, the agent is placed under the direct functional authority of the head of administration or agency with which it is made available. An agreement signed between the ANPE and the host organization provides the conditions of this provision, including the duration and repayment by the host organization of the remuneration received by the agent and payroll, as well as the modalities of control and evaluation of the activities of the agent available. She is previously covered by the controller of State of ANPE and, when there is, by the financial controller or the controller of State of the host organization.
This provision, whose initial duration shall not exceed three years, can be renewed once in the same maximum limit and, where appropriate, extended by express decision of the Director general.
In this situation, the agent remains governed by the provisions of this Decree. Executive Director of ANPE exercising disciplinary authority, may be seized by the administration or the host organization.
Before the expiration of its term, provision may be terminated at the request of the agent, the ANPE or of the administration or the host organization, terms provided for in the convention referred to in the first paragraph of this article. However, in the event of disciplinary, it can be terminated without prior notice provision by agreement between the administration or the host organization and the ANPE.
At the end of available agent is re-employed on the job previously held, or failing, on an equivalent employment of its level and its subsidiary, in its Department of origin or, failing that, in its region.


Article 26 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, used continuously for at least three years, may obtain, subject to operational requirements, leave without pay for personal reasons for a maximum term of three years renewable once. The application for leave indicating the start date and the duration of it is made at least one month in advance by registered letter.
Agents who make the request by registered letter within a period of two months before the expiration of the leave in progress, are, at the end of it and after receiving the opinion of the competent joint commission, reinstated in their jobs or, failing that, in another vacant job at the same level, to the extent permitted by the necessities of the service. Absence of application within the above time limit, agents are considered to be quitters. Officer who refuses three proposals for re-employment is dismissed.


Article 27 officers referred to in article 1 called in the interest of ANPE to positions with an outside body can obtain leave without pay for a maximum of five years. This leave is revolving in the same maximum limit, at the request of the parties concerned submitted before the expiration of the current leave.
Agents who make the request by registered letter within a period of two months before the expiration of the leave they enjoy, are, at the end of it, reinstated in their jobs or, failing that, in another job at the same level. Absence of application within the above time limit, agents are considered to be quitters. Officer who refuses three proposals for re-employment is dismissed.
The duration of this leave is taken into account for the length of service and advancement within the ANPE.
Title VII: DISCIPLINE chapter I:: penalties Article 28 by way of derogation from the provisions of article 43 of the Decree of 17 January 1986 referred to above, the disciplinary sanctions that may be applied to the employees of the Agency are divided into four groups: first group: a) warning;
b) blame.
Second group: a) relegation in step;
(b) the temporary exclusion of functions for a maximum period of six months;
c) office moving.
Third group: has) the reclassification in the immediately lower level of jobs;
(b)) the temporary exclusion of functions for a period of six months to two years.
Fourth Group: the dismissal without notice or compensation.
Only warning is not registered in the agent folder.

Chapter II: Exercise of disciplinary power Article 29 disciplinary authority belongs to the Director general who shall exercise it in accordance with the provisions of article 44 of the Decree of 17 January 1986 referred to above.
The Director-general can give delegation to regional delegates, departmental delegates in the overseas departments and the Director of the headquarters of the Agency in order to impose the sanctions of the first group.
Other sanctions are imposed by decision of the Director-general after consultation with the National Joint Committee reviewing disciplinary board.
All sanctions are imposed by reasoned decision.


Article 30 when the Director-general decides to initiate proceedings against an officer, he is informed by registered letter with acknowledgement of receipt; This letter informed him of his right to obtain full disclosure of his personal file and all supporting documents and to be assisted by a counsel of choice. It has a period of 15 days from the receipt of this letter to submit written comments.

Chapter III: Disciplinary board Article 31 the national joint commission reviewing disciplinary board is seized by a report from the authority with disciplinary authority.
This report shall indicate the facts complained to the agent and specify the circumstances in which they occurred.
The pursued agent can appear before the disciplinary board of the written or oral submissions, call witnesses and to be assisted by a counsel of choice. The right to call witnesses also belongs to the hotel.
Pursued Constable is convened by the Chairman of the disciplinary board eight days at least before the date of the meeting, by registered letter with acknowledgement of receipt.
The disciplinary board deliberates in private outside the presence of the pursued agent, counsel and witnesses.


Article 32 if is judged not sufficiently informed about the circumstances in which these events took place, the disciplinary board may, in the majority of the members present, a supplementary investigation. The results of this investigation should be brought to the attention of the agent and the disciplinary board within a period of one month.
The disciplinary board, on the basis of the written submissions produced before him and taking into account, where appropriate, oral statements of the person concerned and witnesses and the results of the investigation to which he could have been, issued a reasoned opinion on the follow-up which in its opinion need to be reserved for the disciplinary proceedings.


Article 33 the disciplinary board shall take a decision within the time limit of two months from the day where it was seized by the report of the authority having disciplinary authority. This period is extended to three months when it is carried out further inquiries.
Where agent is the object of criminal proceedings, the disciplinary board may, at the majority of the members present, propose to suspend disciplinary proceedings until the intervention of the tribunal's decision.
However, if the Director general decides to proceed, the Commission must take a decision within the time limits referred to in the first subparagraph, as from the notification of this decision.


Article 34 any reference to the folder of the blame to an agent is cleared after three years if no other sanction is reached during this period.
Non-licensed agent who made subject to one disciplinary penalty other than blame may, after ten years of service effective from the date of the disciplinary sanction, submit to the Director-general a request that no trace of the pronounced penalty remains on his record. Executive Director decides on this request, after receiving the opinion of the competent national joint commission.

Chapter IV: Suspension Article 35 in cases of misconduct serious committed by an officer, whether a breach of his professional obligations or of an offence under ordinary law, the author of this fault may be suspended by the Director general that captures the disciplinary board.
The suspended officer retains its treatment, residence allowance and the family supplement treatment. Its location must be definitively settled within four months. If, on expiry of that period, no decision was taken by the authority with disciplinary authority, the person concerned, unless it is the subject of criminal proceedings, is reinstated.
Subject to the provisions of the last two paragraphs of article 33, the officer who due to criminal prosecution, is not resumed his duties may undergo a deduction that may not exceed half of the remuneration mentioned in the preceding paragraph. In any case, it continues to collect all of the supplements for dependants.

Chapter V: Absences irregular Article 36 officer who does not attend his service is deemed in irregular absence if it does not supporting documents deemed valid within a period of 48 hours. The irregular absence causes, regardless of a possible disciplinary action, termination of payment of the remuneration and compensation, rights to increment and annual leave.
When the agent is in irregular absence, a formal notice to resume his position with reference to the incurred consequences is addressed to him by registered letter with acknowledgement of receipt.
Agent which, except in cases of force majeure, fails to produce supporting documents deemed valid or resume his position, within ten days of the submission of the registered letter, is considered to have resigned.

Title VIII: Provisions miscellaneous Article 37 the level of jobs IV B statutory agents may ask to be temporarily relieved of their responsibility. This request through the chain of command to the Director-general must be motivated.
The Director general, after consultation with the National Joint Committee, may decide to place the officer concerned to immediately lower employment levels. In this situation, the agent is classified at the base level with an index equal or, Alternatively, immediately above with conservation of his seniority within the limit of the length of time to spend in the level of home. If the interested had an index of pay higher than in the last step of the level of employment in which it is temporarily placed, the Director-general database related index, after opinion of the Committee joint competent national, may decide to maintain it, exceptionally, with its index earlier until, as a result of access to exceptional levels, it holds an index at least equal.
The agent temporarily relieved of his liability may request review of its situation. The Director general, after consultation with the National Joint Committee, may decide to replace the person concerned in its location of origin. It is then classified at level with an index equal or, failing that, immediately higher with conservation of its seniority within the limit of the length of time to spend in this level.


Article 38 reclassification of agents known medically unfit for the exercise of their functions is made after the doctor's prevention and consultation of the competent joint commission, in a manner defined by decision of the Director-general after consultation with the national Joint Advisory Committee.


Article 39 in the case of reduction of the workforce, the Director-general shall establish a social reclassification plan on which it shall seek the opinion of the national Joint Advisory Committee.
Agents are, to the extent consistent with the needs of the service affected by priority at a vacant job at the same level, after eventual formation.
Otherwise, the ANPE search other modalities for reclassification, where appropriate after training, including within public institutions or organizations linked to the Agency by convention.
In the event of impossibility of reclassification in the manner provided by this article, the dismissal is pronounced.


Article 40
To take account of the particular nature of the conditions for the exercise of missions of the ANPE in the overseas departments, detailed rules for the application of this order to the officers of the departments of overseas will be specified, as appropriate, by order joint Ministers responsible for employment, budget and public service, made after consultation with the trade unions representative and the national Joint Advisory Committee.


Section 41 for the implementation of this Decree Executive Director may delegate to the regional delegates to the departmental delegates in the overseas departments and to the Director of headquarters acts of management agents of employment I to IV A levels. The decision of the Director-general may reserve his delegation for certain acts of management.

Title IX: Provisions transitional and final Article 42 A the effective date of this Decree, it is created, as a transitional measure, a level I bis and, until June 30, 2004, a level IV B bis. Level I bis has twelve levels including an exceptional level accessible to the staff of this level with three years ' seniority in the 11th step. Level IV B bis has sixteen levels which five exceptional levels accessible to agents who have reached in this level a level with an index at least equal to the exceptional level-related index. The length of time in each of the levels of both IA and IV B bis, as well as the index timing in these two levels are fixed by the order referred to in article 19.
Classified agents, provisionally, in the bis bis I and IV B levels can benefit from reductions in the duration of time to spend in the echelons in the conditions laid down in article 22.


Article 43 the statutory agents of ANPE are classified in levels of jobs created in sections 3 and 42 in accordance with the following correspondence table: you can consult the table in OJ No 1 of 01/01/2004 page 33 to 40 interested parties are classified in the level of jobs corresponding to identity level with preservation of seniority, within the limit of time to spend in the home level. The Director-general divides agents in chains imposed by this order taking into account jobs that they occupy, in accordance with the classification of jobs provided for in article 3.
July 1, 2004, officers classified in level IV B bis are integrated at level IV B under the conditions provided for in article 44.
Services performed in the frames of original jobs includes services achieved in the level of employment for reclassification.


Section 44 for a period of two years from the effective date of this order, and within the limits of an annual quota listed for each of these two years, in the budget of the ANPE, officers classified in levels IA-III in accordance with the provisions of article 43 may, under the conditions specified in the following paragraph, be appointed to a job covered by the next higher level after registration on a list adopted by the Director general After notice of a commission of reclassification, who sits with regional, departmental delegates delegates in the overseas departments and to the Director of the headquarters of the Agency for access to levels I-IV A, with the Director-general for access to level IV B. Therefor, it is attributed to recipients of this article a package of index points according to their level of employment. This package is determined by the order referred to in article 19.
At the end of the period of time in the step occupied at the effective date of this order, the agents referred to in the first paragraph of this article are reclassified in the level immediately higher employment and the level immediately above that has an index equal or, failing that, immediately superior to the index held in their level of employment of origin plus the package specified in the previous paragraph.
The composition of the commission of reclassification established pursuant to paragraph 1 of this article and the rules for consideration of the business records submitted are laid down by decision of the Director-general after consultation with the national Joint Advisory Committee.


Article 45 the members of the joint committees set up pursuant to the Decree of 29 June 1990 laying down the staff regulations applicable to contract agents of the National Agency for employment remain in office until the expiry of their mandate and perform their functions in accordance with the correlation table set out in article 43, with the exception however of members of the joint commission of the framework of employment of senior advisors who exercise the powers of the representatives of introduced employment III and IV A levels in article 3.


Article 46 for a period of two years from the effective date of this order, reductions in the amount of time to spend in the level provided for in article 22 can be understood between six and 36 months but shall not exceed, for each allocation of reductions of seniority, the remainder in the level. A decision of the Director general after consultation with the national Joint Advisory Committee, specifies the conditions for the application of the provisions of this article.


Article 47 the winners of last external competitions in accordance with the Decree of 29 June 1990 supra may be recruited for a period of two years from the effective date of this Decree in accordance with the following correspondence table: you can consult the table in OJ No 1 of 01/01/2004 page 33 to 40 staff in application of the provisions of the Decree of 29 June 1990 supra and probationary period to the effective date of this order continue their placement in employment levels referred to in article 3 in accordance with the correlation table set out in article 43 and in the conditions laid down in article 14.
Registered agents on promotion to choose lists or the winners of competitions in accordance with the Decree of 29 June 1990 supra can be promoted for a period of two years from the effective date of this Decree in accordance with the following correspondence table: you can consult the table in OJ No 1 of 01/01/2004 page 33 to 40 Article 48 I. - Notwithstanding the provisions of article 2 agents in contract term in office on the effective date of this order or recipient on the same date of the leave provided for by the Decree of 17 January 1986 referred to above continue to be used under the conditions in force on the date of their commitment.
II. - Agents in contract term in office on the effective date of this order, may be recruited, as statutory agent, by vocational selection, in the level of jobs which they fall, for a period of two years from the effective date of this order, subject to the following conditions: 1 ° justify actual services for a period equivalent to six years of service time full to the Agency on the date of closing entries;
2 ° meet the conditions laid down in articles 5 and 13.
The nature of events, professional selection, conditions or rules of General Organization as well as the composition of the Board are laid down by decision of the Director-general.


Article 49 with the exception of the provisions of articles 5 and 12 and 25 to 28, this order may be amended by simple decree.


Article 50 in article r. 311-4-21 of the code of the work, the words: 'The Decree of August 10, 1966 above' are replaced by the words: 'Decree No. 90-437 of 28 May 1990 modified.


Article 51 Decree No. 90-543 of 29 June 1990 laying down the staff regulations applicable to contract agents of the Agency is hereby repealed.


Article 52 the Minister of Social Affairs, labour and solidarity, the Minister of economy, finance and industry, 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 December 31, 2003.
Jean-Pierre Raffarin by the Prime Minister: the Minister of Social Affairs, labour and solidarity, François Fillon Minister of economy, finance and industry 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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