Key Benefits:
The Minister of Employment and Solidarity and the Minister for Public Service and Reform of the State,
In view of the Public Health Code, Part I, and in particular Book II, Title V, Chapter II, and Part V, Book III, Title XI, Chapter III;
In view of 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. 82-451 of 28 May 1982 Amendments relating to the joint administrative committees;
Having regard to Decree No 86-83 of 17 January 1986 as amended on general provisions applicable to non-state agents of the State taken for the purposes of Article 7 of the Law No. 84-16 of 11 January 1984 as amended;
In light of Decree No. 98-372 of 14 May 1998 laying down the rules applicable to public contract employees under contract for indefinite duration of the French Establishment of Registries,
:
The Joint Consultative Commission provided for in Article 3 of the Decree of 14 May 1998 is composed as follows:
1. Tier I Job Category
Administrative Representatives:
1 full member;
1 alternate member.
Staff Representatives:
1 titular member;
1 alternate member.
2. Level II and Level III job category
Administrative representatives:
2 full members;
2 alternate members.
Staff representatives:
2 full members;
2 members Alternate.
3. Level IV and V Employment Category
Administrative Representatives:
2 full members;
2 alternate members.
Staff representatives:
2 full members;
2 alternate members.
The members of the Joint Consultative Commission are appointed for a period of three years. Their terms of reference may be renewed.
Upon renewal of the Joint Consultative Commission, new members shall take office on the date on which the term of office of the members to which they succeed expires.
Representatives of the Administration, full or alternate members of the Joint Consultative Commission, coming in during the above-mentioned period Of three years, as a result of resignation, lay-off or any other cause than promotion, to cease the duties by reason of which they have been appointed or who no longer meet the conditions required by this Order to make Part of the Joint Consultative Commission shall be replaced in the form indicated in Article 5.
The term of office of their successors shall expire, in this case, upon the renewal of the Joint Committee.
Personnel representatives are designated to represent the category of employment to which they belong.
Where a incumbent representative is Who is unable to perform his or her duties, his or her alternate shall be appointed as the holder and shall be replaced by the first unelected candidate of the same list.
Where an alternate representative is unable to carry out his duties, he shall be Replaced by the first unelected candidate of the same list.
Where a list is unable to provide, under the conditions set out in the two preceding paragraphs, to the seats of the incumbent or alternate members to whom it Shall be entitled in a category of employment, the vacant seats shall be allocated in accordance with the procedure described in the last paragraph of Article 16 (b) of this Order where the remaining term of office is less than or equal to one third of the duration Provided in the first paragraph of Article 2. Where the remaining term of office is more than one third of the duration provided for in the first subparagraph of Article 2, the committee shall be renewed for the duration of the term of office remaining.
Representatives of the administration, holders and substitutes, within The commission shall be appointed, by decision of the Director General of the French Registry of Registries, within 15 days after the declaration of the results of the elections provided for in Chapter III of this
. Officers performing a managerial or responsible function within the institution
Except in the case of early renewal of the commission, elections shall be held at least four months before the expiration of the term of office of its members in Exercise, such as this date is determined in section 2 above. The date of these elections shall be fixed by the Director General of the French Establishment of Registries.
Are electors the Agents recruited under contract on an indeterminate basis in activity or on parental leave.
Eligible under the Joint advisory committee for agents who fulfil the conditions for voting and who are not affected by one of the disabilities imposed by Articles L. 5 to L. 7 of the Election Code.
Each candidate list contains as many names as there are vacancies, incumbents and substitutes, for a category of employment or several categories The
must be filed by the representative trade unions within the meaning of 1 ° and 2 ° of Article 14 of the Act of 11 January 1984 referred to above at least six weeks before the date fixed for the elections and carry the Name of a delegated list officer who is authorized to represent him or her in all election operations, including the exercise of the election under section 16. The Director General shall fix the deadline for the filing of lists.
The filing of each list shall, in addition, be accompanied by a declaration of application signed by each candidate. The deposit shall be the subject of a receipt issued to the list delegate.
No list may be filed or amended after the Deadline provided for in the preceding Article.
However, if, within a period of three clear days following the deadline for the filing of the lists, one or more candidates registered on a list are recognised as ineligible, the administration shall inform without delay The list delegate. The latter may then, within three days after the expiration of the three-day period referred to above, make the necessary corrections.
If one or more candidates on a list are not corrected Recognised as ineligible, the list concerned shall be deemed not to have submitted any candidates for the relevant category or categories of employment.
If the reason for ineligibility occurred after the deadline for the filing of the lists, the Failing candidate may also be replaced, without any change to the date of the elections.
The lists established under the conditions set out in this Order shall be posted as soon as possible at each site.
No other Withdrawal of applications may not be made after the application of the lists of applications.
Where, by the deadline for the filing of the lists, no list has been filed, the procedure laid down in Article 19 of this Decree shall be used.
When multiple union organizations affiliated with the same union of unions have filed competing lists for a Administration shall inform, within three clear days from the deadline for the filing of the lists, the delegates of each of the lists. The latter then have three clear days to make the necessary changes or withdrawals.
If, after the expiry of the latter period, those amendments or withdrawals have not occurred, The administration shall inform, within a period of three clear days, the union of trade unions whose lists are in demand. The Commission shall then have a period of five clear days to indicate to the administration, by registered letter with the request for a notice of receipt, the list which may avail itself of the membership of the Union for the application of this
. The absence of that indication, the trade union organisations having lodged the lists in question cannot benefit from the provisions of Article 14 of the aforementioned Law of 11 January 1984 and cannot avail themselves of membership in a union for The application of the second paragraph of section 12 of this Order.
Ballots and envelopes are Established, at the expense of the administration, based on a model model provided by the administration. The ballot paper shall refer to the possible membership of the trade union organization, on the date of the filing of the lists, to a union of unions of a national character.
Ballots and envelopes shall be given to the Director of Each site from which a polling station is located, at least equal, for each list, to the number of electors on the list of electors for that office. They are transmitted by the care of the administration to the agents allowed to vote in the polling stations.
A polling station Central is established on the site where the seat of the institution is installed.
Delegated polling stations may be set up, by decision of the Director General of the institution, according to the importance of the number of voters on each
The polling stations delegated, when they are established, carry out the counting of the votes and transmit the results to the central polling station.
The central polling station shall observe the number of voters and proceed to the Vote count and the proclamation of results.
The central polling station and the delegated polling stations each include a president and a secretary designated by the Director General of the French Registry of Registries. One delegate from each list in the presence.
Election operations take place publicly on the premises of
Voting takes place by secret ballot and under envelope.
Voters can only vote for an entire list, without deleting or adding names, and without changing the order of presentation of the Candidates. Any bulletin issued without knowledge of any of these conditions shall be null and void.
Voting may take place by correspondence, in accordance with the conditions to be determined by the Director General of the French Transplantation Establishment. The envelopes sent by the electors must arrive at the polling station before the closing time of the poll.
The Central polling station determines the number of votes obtained by each list. It shall also determine the electoral quota by dividing the total number of votes validly expressed by the number of incumbents to be elected for the whole body.
Staff representatives in the Joint Consultative Commission are elected to the secret ballot by proportional representation. The appointment of the holding members shall be made in the manner specified in this Article.
(a) The total number of seats of the incumbent representatives assigned to each list:
Each list shall be entitled to so many seats of holders That the number of votes collected by it contains the electoral quota;
The seats of any incumbents remaining to be filled are allocated according to the highest average rule.
b) Fixing of categories Of jobs in which the lists have representatives:
The list entitled to the largest number of seats chooses each of them in a different category of employment provided that they do not prevent by their choice another list To obtain the number of seats to which it is entitled in the categories of jobs for which it had submitted candidates;
The other lists then successively elect in descending order of the number of seats to which they are They can claim under the same conditions and on the same reserves;
In the case of equality of the number of seats obtained, the order of choice is determined by the respective number of votes obtained by the lists in attendance. In the event of an equal number of votes, the order of choice shall be determined by drawing of lots;
Where the above procedure has not allowed one or more lists to fill all the seats to which it may have been entitled, the Seats are allocated to the list which, for the categories of jobs whose representatives remain to be designated, has obtained the greatest number of votes;
In the event that no list has submitted candidates for a category of employment Representatives of this category of employment shall be designated by drawing of lots among the agents holding this category of employment. If the designated officers do not accept their appointment, the vacant seats of the staff representatives shall be assigned to representatives of the administration.
c) Designation of the representatives holding each category of employment:
The incumbent representatives are designated according to the order of presentation of the list.
(d) Special provisions:
Where, for the allocation of a seat, the lists have the same average, the seat is allocated to the list that has received the Greater number of voices. If the lists in question have received the same number of votes, the seat shall be allocated to the one who submitted, in accordance with the first paragraph of Article 9 of this Order, the largest number of candidates to be elected under the Advisory Committee Parity. If several of these lists have obtained the same number of votes and have presented the same number of candidates, the seat is assigned to one of them by lot.
Each list and job category is assigned a number of seats of alternate representatives, equal to that of the elected representatives elected under this list, For the representation of the category of employment under consideration.
Elected representatives are appointed according to the order of presentation of the list. A record of the electoral operations shall be established by the central polling station and immediately transmitted to the Director General of the French establishment of the Registries and to the agents authorised to represent the lists of candidates.
A new ballot is held when no list has been filed by the representative trade union organizations or When the number of voters, observed by the central polling station from the events on the voters list, is less than half the number of registered voters. If the number of voters is less than half the number of registered voters, the first ballot shall not be counted.
This new ballot shall be held within a period of not less than six weeks or more than ten Weeks from the date of filing, provided for in Article 9 of this Order, where no representative trade union organization has made a list, or from the date of the first ballot, when the participation in that poll has been Below the above rate. For the second ballot, any trade union organization may file a list.
Without prejudice to the provisions of the eighth Paragraph of Article 14 of the Act of 11 January 1984 referred to above, challenges to the validity of electoral operations shall be brought, within five days of the declaration of the results, before the Director General of The French establishment of the registries and then, if applicable, before the administrative court
The Joint Consultative Commission is consulted on individual issues concerning:
1. Evaluation challenges;
2. Advancement proposals and challenges;
3. Deployment challenges;
4. Dismissals during the probing period;
5. Denial of leave for union training;
6. Refusal of leave for family reasons, for personal reasons and for business creation, as provided for in Title V of the aforementioned decree of 17 January 1986;
7. Refusal of leave to take action to prepare for administrative or training competitions and refusals of training leave;
8. Denial of authorization to perform part-time service and disputes relating to part-time conditions;
9. The disciplinary sanctions provided for in article 43 of the decree of 17 January 1986, except for blame and warning
The Joint Consultative Commission is chaired by the Director General of the French Transplantation Establishment. If the Chairman is unable to act, the Commission shall be chaired by the representative of the oldest administration in the highest grade.
The Committee shall draw up its rules of procedure in accordance with the model regulation provided for in Article 29 of the aforementioned decree of 28 May 1982. It is subject to approval by the Director General of the French Transplantation Establishment.
The secretariat is provided by a representative of the administration who may not be a member of the Commission.
A staff representative is appointed By the committee within it to carry out the duties of an assistant secretary.
Minutes shall be drawn up after each sitting. It is signed by the President and countersigned by the Secretary and the Deputy Secretary and forwarded within one month to the members of the Commission.
The Joint Consultative Commission shall meet at least twice a year upon convocation by its President, on its own initiative or, within the maximum period of two months, upon written request of at least half of the Representatives holding staff.
The committee meets either in plenary or in limited training when it deliberates on items 1, 2, 4 and 9 of section 20 of this Order.
When the Commission sits in formation Restricted, only the members representing the category of employment to which the officer concerned belongs and the members representing the immediately above category and an equal number of representatives of the administration shall be called to Sit.
Where the officer whose case is being examined by the Commission is in the Level 1 category of employment, the single representative sits with his or her alternate who is then deliberative.
Alternates may attend the meetings of the committee without being able to take part in the proceedings. The
of the Commission may summon experts at the request of the Administration or at the request of the staff representatives so that they may be heard on a The
may attend only the part of the debate, excluding the vote, on the questions for which their presence has been requested.
The panel shall be entered by its chairperson or upon written request signed by at least half of the staff representatives of all matters within its jurisdiction. It shall deliver an opinion to the majority of the members present.
If a vote is taken, it shall be held by show of hands. However, at the request of one of the members holding the committee, the vote shall be held in secret ballot. In the event of a tie, the opinion shall be deemed to have been given or the proposal. Abstentions shall be allowed.
Where the competent authority takes a decision contrary to the opinion or proposal issued by the committee, that authority shall inform the Committee of the reasons which will lead to the failure to comply with the opinion or proposal. Proposal.
Panel sessions are not public.
Staff representatives cannot To sit on the committee when it is called upon to deliberate on their individual situation.
Where, for a given category, no representative of the staff or substitute staff can validly sit, it shall be applied Drawing procedure provided for in the b of Article 16 of this Order.
In the event of a refusal to sit or challenge the representatives designated by the fate, the representation of that category shall not be assured in the committee.
All facilities must be given to the Joint Advisory Board by the Administration to enable it to complete Its powers. In addition, communication shall be given to it from all documents and documents necessary for the performance of its mission at least eight days before the date of the meeting
Allow to participate in the meetings of this committee, on the simple presentation of their convocation. The duration of this authorisation shall be calculated taking into account road delays. The foreseeable duration of the meeting, and increased by a time equal to that duration, in order to put the persons concerned in a position to ensure the preparation and record of the work of the committee, without that time exceeding two days
Members of the Joint Consultative Commission shall be subject to the obligation of professional secrecy with regard to all the facts and documents which they have been aware of in this capacity.
In case of difficulty in the operation of the Joint Consultative Commission, the Director General of the French Transplantation Establishment shall make it The Minister responsible for health.
The Commission validates only on the condition that the rules of Constitution and operation laid down by the aforementioned Decree of 14 May 1998, this Order, as well as by its Rules of Procedure.
In addition, at least half of the members shall be present at the opening of the meeting. When this quorum is not reached, a new summons shall be sent within the eight-day period to the members of the commission who then validly seat, half of its members are present.
Members of the Joint Advisory Panel receive no compensation because of their duties in this commission.
However, they are Compensation for their travel and subsistence expenses under the conditions laid down in Decree No 90-437 of 28 May 1990 laying down the conditions and procedures for the settlement of the costs of the movement of civilian personnel on the Metropolitan territory of France when they are responsible for the State budget, national public institutions of an administrative character and certain subsidised bodies.
The Director General, Personnel and Budget, Ministry of Employment and Solidarity, the Director General of Administration and Of the Public Service and the Director General of the French Establishment of Registries shall each be responsible for the execution of this Order, each of which shall be published in the Official Journal of the French Republic
Done at Paris, November 20, 2001.
The Minister of Employment and Solidarity,
For the Minister and delegation:
By preventing the
Director from General administration,
staff and budget:
The head of the human resources department,
R. Lambert
The Minister for Public Service
and State Reform,
For the Minister and By delegation:
By preventing the Director General
from administration and public service:
The Deputy Director,
Y.
Chevalier
