Decree No. 2003 - 1373 Of December 31, 2003 Relating To The Allowance System For Contract Agents Of Law Of The National Agency For Employment

Original Language Title: Décret n° 2003-1373 du 31 décembre 2003 relatif au régime indemnitaire des agents contractuels de droit public de l'Agence nationale pour l'emploi

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An implementing Decree of December 31, 2003, with application of Decree No. 2003 - 1373 of December 31, 2003 relating to the allowance system for contract agents of law of the National Agency for employment Decree No. 2003 - 1369 of December 31, 2003 relating to the entry into force of decrees and orders abstract Application of art. 19 of the Decree 2003-1370 and 6 of Act 84-16.
Keywords SOCIAL AFFAIRS, NATIONAL AGENCY FOR EMPLOYMENT, Employment, PERSONNEL, RECRUITMENT, STAFF NO OWNER, AGENT CONTRACT, PUBLIC LAW, PUBLIC LAW, TREATMENT, COMPENSATION CONTRACT AGENT, PREMIUM, PREMIUM FUNCTION, COMPENSATION, ATTRIBUTION, PAYMENT and RECIPIENT links subsequent Decree No. 2004-386 of 28 April 2004 on the allowance system for contract agents of law of the National Agency for employment JORF n ° 1, January 1, 2004 page 42 text no. 14 DECREE Decree No. 2003-1373 of December 31, 2003 relating to the allowance system contract agents of law of the National Agency for employment NOR: SOCF0312022D ELI: http://www.legifrance.gouv.fr/eli/decret/2003/12/31/SOCF0312022D/jo/texte Alias: http://www.legifrance.gouv.fr/eli/decret/2003/12/31/2003-1373/jo/texte 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 public service the reform of the State and development of the territory, considering Decree No. 2003 - 1370 31 December 2003 laying down the provisions applicable to contract agents of law of the National Agency for employment, and in particular article 19;
Considering the opinion of the national Joint Advisory Committee of the National Agency for employment dated June 19, 2003;
See the opinion of the Board of Directors of the National Agency for employment as of June 20, 2003, Decree: Article 1 more on this article...

Within the limits of appropriations for this purpose, the contract agents of law of the National Agency for employment (ANPE), with the exception of agents recruited in accordance with the second paragraph of article 6 of Act No. 84-16 of 11 January 1984 bringing statutory provisions on the public service of the State for casual or seasonal needs can benefit premiums and benefits defined in this Decree.
These premiums and benefits are indexed to the value of the public service point.

Chapter I: Premium Article 2 feature a bonus function is attributed to the agents referred to in article 1 according to the level of jobs in which the agents are classified. This bonus is paid monthly.
The amounts of the premium service may be increased when officers perform their duties at the direction of the audit, the mission headquarters of the ANPE overseas departments, are affected the conduct of the service cars at the headquarters of the ANPE of permanently, in mobile teams or functions of installation and maintenance of computer equipment in units.

Chapter II: Premium associated with attendance, how to serve or individual performance section 3 a variable related to attendance, how to serve or individual performance can be attributed to the agents referred to in article 1.
Attendance monthly amounts are set by employment levels. They can be subject to deductions in the case of absenteeism.
Monthly amounts related to the manner of use are set by employment levels and depending on the results of the assessment on how to serve. They are paid semi-annually.
Officers in jobs involving special responsibilities management, coordination or animation, laid down by decision of the Director general after consultation with the national Joint Advisory Committee, perceive these amounts as a transitional measure and until 31 December 2003.
The amounts of the individual assignments related to attendance and how to serve may not exceed a maximum amount set by employment levels.
The annual amounts of individual assignments related to individual performance are determined in function including the evaluation of the individual performance of agents, which is carried out in the light of the results obtained during the period of reference compared to the objectives and taking account of the manner in which they were obtained.
They cannot exceed a fixed limit:-by job class or functions for workers in jobs with specific responsibilities of leadership, coordination and animation;
-by functions for departmental delegates, Deputy regional delegates and regional delegates.
The benefit of amounts related to individual performance is exclusive of amounts related to the way of serving.

Chapter III: One-time management Article 4 premium a premium annual and flat management, intended to recognize the progress in the appropriation of skills related to the post in the context of professional mobility, is attributed to agents performing the functions of departmental, regional Commissioner Assistant or regional delegates.
The average annual amounts of the flat-rate premium of direction are set according to the classification of departmental delegations and regional delegations in one two groups defined in article 18 of the Decree of December 31, 2003 referred to above.
The amount of individual awards cannot exceed the double of the average amount.
For assistant regional delegates and regional delegates, it is determined by the Director general. For departmental delegates, it varies in a degressive manner based on seniority in the post.

Chapter IV: Premium associated with certified skills Article 5 a premium associated with certified skills can be attributed to agents who obtain a certificate of internal expertise, which is designed to validate and certify a particular effort of skills development in one of the areas of expertise interesting ANPE and defined by decision of the Director-general after consultation with the national Joint Advisory Committee.
The lump sum of the premium varies according to the level of the acquired certificate.
Every two years, the agent who obtained a first certificate can apply to prepare a new.

Chapter V: Bonus linked to the assignment in a unit serving a sensitive urban area Article 6 a specific bonus is attributed to the agents referred to in article 1 assigned in units serving in sensitive urban areas, of which the list is fixed by decision of the Director general after consultation with the national Joint Advisory Committee.
The monthly amount of this bonus is set by the level of jobs in which the agents mentioned in this article are classified.
Agents made available to external structures at the unemployment OFFICE and who carry a large part of their activity in the direction of public areas classified in sensitive urban areas also receive this allowance for the duration of their provision.

Chapter VI: Benefits of mobility Article 7 agents classified in levels of jobs BA IV or IV B, V A and V B provided for in articles 3 and 42 of the Decree of 31 December 2003 above and transferred in the interests of the service can collect representative compensation charges, linked to geographic mobility as part of the professional courses to develop skills and control responsibilities.
Agents referred to in the preceding paragraph, transferred to title transitional and full-time to lead a project of national interest, validated by the Director-general and within their area of expertise, can collect severance pay representative fees, related to the specific constraints generated by the implementation of the projects. This compensation is awarded for a period limited to the project but may not exceed a maximum period of three years from the date of post.
Amounts and procedure for the allocation of the allowances provided for in this article are fixed by decision of the Director general after consultation with the national Joint Advisory Committee.


Article 8 classified in levels of jobs I, II, III, and IV A provided for in article 3 of the Decree of December 31, 2003 referred to above who achieve travel frequent and remote at least forty kilometres from their administrative residence agents receive a fixed compensation of base. The mileage threshold is reduced to twenty kilometers in the overseas departments.
These allowances are not caused when movements are intended participation as a trainee or facilitator in training, participation in meetings of service, when they result from a permanent sharing of the working time of the agent concerned between several places of work, or when travel are necessitated by the acting from a position of Manager compensation pursuant to article 11.
Payments provided for in this article are made when the agent has made a minimum number of moves within a month.


Article 9

A specific allowance is attributed to the agents transferred to the community of Mayotte. The monthly amount of the allowance is fixed by decision of the Director general.

Chapter VII: Penalties Article 10 A lack of compensation in the form of compensatory rest, a lump sum is paid to officers assigned to certain jobs from the national center of information processing as well as those responsible for supervising physical surveillance and the security of the premises of the branch of the ANPE and the attached buildings, night, Saturday , Sundays and holidays, which are subject to fines and must perform procedures.
Amounts and procedure for the allocation of those allowances, paid monthly, are fixed according to the nature of the subjection by decision of the Director general after consultation with the national Joint Advisory Committee.
The various allowances provided for in this article can not be cumulated by the same agent over the same period. They are exclusive of hourly compensation for additional work instituted by Decree No. 2002-60 of 14 January 2002 on hourly compensation for additional work.

Chapter VIII: Other allowances Article 11 the replacement of an officer of a hierarchical responsibility by an agent of the same level of jobs or the next lower level of jobs open right to interim monthly flat-rate compensation, whose amount is dependent on the level of employment of the officer replaced.
The list of jobs for managers entitled is fixed by decision of the Director general after consultation with the national Joint Advisory Committee.
Do not give rise to compensation replacements for annual leave and absences whose duration is less than thirty consecutive calendar days.


Article 12 workers recognized agents with disabilities by the Commission guidance and vocational rehabilitation under article l 323 - 11 of the labour code and travel by public transport or by personal means are rendered difficult because of their disability can benefit, after consultation with the doctor in charge of the prevention, of a lump sum intended to cover transportation expenses between their home and their place of work.
The compensation covers 80% of these expenses but may not exceed a ceiling set by day, after agreement of the Director general on the mode of transport used. It is paid monthly on production of the invoice from the carrier.
This compensation cannot be cumulated with the indemnities or benefits the same nature attributed by external organizations to the ANPE.
It can be paid to support the expenses resulting from the use of a personal vehicle.


Article 13 officers ensuring, as an ancillary occupation, the functions of officer in charge of the development of the skills of the ANPE agents receive, in a daily ceiling of compensation by effective time of training.


Article 14 joint an order Ministers responsible for employment, budget and public fixed the amount of the premiums and benefits, as well as the nature of the penalties and actions provided for in this Decree.
The implementing of the provisions of this order are specified as appropriate by decision of the Director general after consultation with the national Joint Advisory Committee.


Article 15 the provisions of this order take effect on the date of entry into force of Decree No. 2003-1370 of 31 December 2003 laying down the provisions applicable to contract agents of law of the National Agency for employment.


Article 16 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 loaded, each which is concerned, enforcement of this order which will be published in the Official Journal of the French Republic.

Done at Paris, on 31 December 2003.
Jean-Pierre Raffarin by the Prime Minister: the Minister of Social Affairs, labour and solidarity, François Fillon the Minister of economy, finance and industry Francis Mer the Minister of public service, reform of the State and territory management, Jean-Paul Delevoye the Minister delegate for the budget and budget reform, Alain Lambert

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