Key Benefits:
Prime Minister,
On the report of the Minister for Social Affairs, Labour and Solidarity, Minister of Foreign Affairs, Minister of Economy, Finance And the Minister for Public Service, State Reform and Spatial Planning,
Given the Labour Code, in particular Articles L. 341-9, R. 341-9 to R. 341-22 and R. 341-24 to R. 341-41;
In the light of Law No. 83-634 of the 13 July 1983 as amended bearing the rights and obligations of civil servants, 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. 86-83 of 17 January 1986 Amending 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;
Vu Decree No. 94-741 of 30 August 1994 on the assimilation of diplomas awarded by other Member States of the European Community or parties to the Economic Area Agreement for access to competitions in the public service of the State European, as amended by Decree No. 98-485 of 12 June 1998;
In view of the opinion of the Joint Technical Committee of the Office for International Migration dated 9 October 2003;
The Council of State (Finance Section) heard,
Clipping:
this Decree lays down the specific provisions applicable Permanent staff of the International Migration Board (IMO) recruited by contract of public law on an open-ended basis. The
provisions applicable to non-state agents of the State provided for in the Decree of 17 January 1986 shall apply to them subject to the provisions of this Regulation. Order in Council.
Where the nature of the duties or the needs of the service require it, in particular in the case of an increase Of temporary nature, the Office for International Migration may recruit agents on a fixed-term basis. The duration of the contract subscribed, renewable by express renewal, may not exceed, potential renewals included, a total duration of six years. The provisions of the decree of 17 January 1986 are applicable to these agents.
Agents of the Office of the International migration shall be appointed by the Director.
the agents referred to in Article 1 shall be divided into the Job frames below:
1. An employment framework I with a second category at twelve levels, a first category at seven echelons and an off-category at five levels, one of which is an exceptional one. This employment framework also includes an assistant director job with four levels and a three-step job as a Chief Medical Officer.
The positions of Assistant Director, Medical Officer, Head of Office and Delegate Regional constitute the functional jobs of the International Migration Board;
2. A Jobs Framework II with a second category at thirteen rungs and a first category at ten rungs;
3. A framework of jobs III with a second category at twelve levels and a first category at twelve levels
It is hereby established, with the Director of the International Migration Board and for each employment framework, a Joint Consultative Commission. Employees recruited by fixed-term contracts are the responsibility of the Joint Consultative Commission for the framework of employment to which their employment is attached. The composition and operating procedures of each committee, as well as the number and method of appointment of staff representatives, shall be determined by decision of the Director of the establishment, after the opinion of the Joint Technical
. Each Joint Consultative Commission shall have jurisdiction in the examination of matters relating to individual situations concerning the officers of the employment framework under which it is established. It can also sit in disciplinary training
I. -The posts to be filled, out of the managerial posts referred to in Article 4 of this Decree, shall be open to candidates holding a degree or diploma, the list of which shall be determined by decision of the Director and whose level, for each framework Employment, is defined below;
1 ° Employment framework I: diploma attesting to the end of the second cycle of higher education or diploma from a school of engineering or management certified by the State;
2 ° Employment framework II: diploma Endorsing the end of the second cycle of secondary education;
3 ° Employment framework III: diploma attesting to the end of the first cycle of secondary education or five years of professional experience in level and
Member States of the European Community or Party to the Agreement on the European Economic Area shall also be eligible to apply for a diploma issued in another Member State of the European Community. The assimilation with one of the required degrees will have been recognised under conditions identical to those established by the aforementioned decree of 30 August 1994.
Recruitment shall be carried out on the basis of selection tests determined by decision of the Director after the opinion of the Joint Technical Committee.
The officers thus recruited shall be subject to a trial period with a duration of six months for the framework of posts III, nine months for the framework of employment II and one year for the framework of employment I. This period may be renewed for a maximum duration equal to the duration of the initial trial period. In the event of an interruption, the trial period shall be extended for a period equal to that of the absence of the agent.
Agents whose trial period is not considered satisfactory are dismissed or, if they previously had the status of a statutory agent Of the institution, reintegrated into their original employment framework. The duration of the trial period is taken into account for promotion rights within the limit of its initial duration.
II. -These posts may also be filled internally by statutory staff of the Office for International Migration, by way of registration on an aptitude list established under the conditions laid down in Article 12, within the limit of one Fraction of the jobs provided under the I of this Article set at 1/8 for the access of the employment framework III to the framework of employment II and to 1/6 for the access of the employment framework II to the employment framework I.
III. -The position of chief medical officer is open to candidates holding a title, certificate or diploma allowing to practise the profession of doctor in France, justifying a professional experience of at least ten years in the medical field and Recognized qualification in public health.
I.-Candidates recruited under Article 6 Who, on the date of their appointment, did not have the status of a statutory officer of the institution, are classified at a step in the 2nd category of their employment framework, taking into account, in addition to the time spent in the compulsory national service, the years Of professional practice previously performed in functions of a comparable and at least equivalent nature, under the conditions specified in the decision of the Director after the opinion of the Joint Technical Committee of the
. -For agents who are nationals of another Member State of the European Community or party to the Agreement on the European Economic Area, the period of compulsory active national service performed in the European Economic Area shall be taken into account within the twelve-month limit Forms provided for by the legislation of the State of which they were responsible at the time they performed this
. -Agents appointed under the conditions laid down in II of Article 6 shall be reclassified under the conditions laid down in Article
. -The candidate recruited under Article 6 shall be classified in the 1st echelon of the category of doctor-head of employment framework I.
The statutory officers of the International Migration Board posted abroad are maintained in their category of jobs and continue their careers in their index grid.
Heads of Missions Abroad, Referred to in Articles R. 341-21 and R. 341-24 of the Labour Code, are appointed by the Director for a period of three years, possibly renewable once.
appointment of heads of mission is subject to the approval of the Minister responsible for Foreign Affairs
The statutory officers of the International Migration Board shall be entitled, after service, to a monthly remuneration calculated on the basis of The index relating to their classification level. The value of the index point is that of the Public Service and follows its evolution. This remuneration shall be in addition, where applicable, to the residence allowance and the family supplement for treatment under the conditions laid down for state officials, as well as allowances the nature of which is fixed by decree.
A joint order of the Ministers responsible for labour, budget and the public service sets the stage Applicable to each of the functional categories and jobs referred to in section 4, as well as the length of time to be spent in each level of these categories and jobs to access the senior level.
The Director of the International Migration Board or the people he delegates An annual assessment of each officer is carried out. This assessment shall include an individual interview conducted by the officer's supervisor.
This interview shall focus, in particular, on the professional results obtained by the person concerned in relation to the objectives assigned to him and his Conditions for the organisation and operation of the service to which it belongs, on its training needs, taking into account, inter alia, the tasks assigned to it, and its prospects for professional development. The
of this evaluation shall be determined by decision of the Director after the opinion of the Joint Technical Committee of the establishment
Subject to the provisions of Article 14, the agents mentioned in Article 1 may benefit Promotions and promotions under the following conditions:
I.-The advancement of the step, which occurs within the same class or employment, from a step at the immediately higher level, at full right, at the end of the Time to be spent at each level set out in the order provided for in section
. -Access to the exceptional level of the outpost of employment framework I shall be, within the limits of a quota fixed by the order provided for in Article 10, open to agents justifying three years' service in the fourth step of the off-category of This framework of employment and entered on a table of progress drawn up after the opinion of the competent Joint Consultative
. -A change of category within the same employment framework may take place, by decision of the director of the establishment, after registration on a promotion board established after the opinion of the competent Joint Consultative Commission, holding Account of the appraisals of the heads of service, the manner of serving the officers and their ability to carry out the corresponding duties, in particular in view of the results of the annual evaluation provided for in Article 11
Attained:
(a) The 7th step of the 2nd category, for access to the 1st category of posts I and III, and the 8th step of the 2nd category, for access to the 1st category of employment framework II;
(b) The 5th level of the 1st category of employment Employment framework I for non-class access to the same employment framework.
IV. -A change in the framework of employment, within the limits laid down in Article 6, by decision of the Director of the institution, after entry on a list of qualifications established after the opinion of the competent Joint Consultative Committee, by holding Account, on the one hand, of the manner of serving agents, in particular, in the light of the results of the annual assessment provided for in Article 11, and, on the other hand, of their ability to carry out the corresponding duties, which may, in particular, require a Specific technical or managerial responsibilities and, with regard to access to employment framework I, their functional and geographical mobility opportunities. For access to the higher employment framework, agents must also justify a minimum seniority of five years in the context of original jobs.
Promoted agents in the higher employment category or framework are classified at a level with an equal index or, failing that, immediately above the level they held in their category and frame Of original jobs. Within the limits of the seniority required for their appointment, they shall retain seniority acquired in their category of origin where the increase in salary resulting from that appointment is less than that which would result from a Progress in their category of origin.
Agents appointed when they have reached the highest level in their category of origin retain their seniority at the level, under the same conditions and limitations, when the increase Of their appointment is less than that resulting from their progress audit.
I. - The appointed officers shall be appointed in a managerial position referred to in Article 4, by decision of the Director, among the officers of the Employment Framework I presenting the skills, qualifications and experience required for the exercise of the Positions considered and having reached at least the sixth increment of the 1st category for the employment of Deputy Director, the 5th step of the 1st category for the position of Chief of Service and the 5th step of the 2nd category for the employment of delegate Regional. These officers are appointed for a term of three years, possibly renewable twice in the same job.
II. -Officers appointed in a managerial position, with the exception of those in the positions of Assistant Director and Chief Medical Officer, continue their careers in their original job category.
Agents appointed to a Director's job The assistant is classified in this employment at the level with an index immediately above that of which they were entitled in their category of origin. They shall retain their seniority in accordance with the conditions and limits laid down in Article
. -Officers in management positions may be removed from employment in the interest of the service
An agent 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 sanction, result in the interruption of payment of remuneration and any compensation, rights to progress and annual leave.
When an officer is absent Irregular, a formal notice to resume his position, including the statement of consequences, shall be sent to him by registered letter with a request for notification of receipt. An officer who, except in cases of force majeure, fails to produce credentials deemed valid or to return to office within 10 days after the date of the recommended letter, shall be considered to have resigned.
I. -By decision of the Director, a statutory officer employed continuously for at least three years may, on his or her application Or with its 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 authority of the head of the administration or agency from whom it is made available.
A signed agreement between the institution and the host organization or organization Provides for the conditions of this provision, in particular its duration and the repayment terms, by the host organisation, of the remuneration received by the agent and of the social charges, as well as the arrangements for monitoring and evaluating the Agent activities made available. It shall be subject to the agreement of the financial supervision of the institution of origin and where it exists, to that of the administration or the host institution.
This provision, the duration of which cannot exceed three years, may Be renewed once in the same maximum limit without exceeding six years, and in accordance with the terms and conditions set out in the agreement referred to in the preceding paragraph.
In this situation, the officer continues to collect the remuneration Corresponding to his employment and shall retain the benefit of the provisions of this
. -Before the expiry of its term, the making available may be terminated at the request of the agent, the institution or the host organisation in accordance with the arrangements laid down in the Convention referred to in the second paragraph of this Article. However, in the event of disciplinary misconduct, the making available without prior notice may be terminated by agreement between the host institution and the host organisation.
At the end of its making available, the agent is, on his request, reassigned, subject to the Operational requirements, in the previously occupied employment or, failing that, in an equivalent job.
When, at the end of the period of making available, the agent did not make known its intentions to the establishment, the latter shall To request its reassignment within one month and inform it of the consequences of its forbearance.
It is terminated, without compensation or prior notice, to the contract of the officer who has not requested its reassignment and, except Case of force majeure, refrained from responding to the notice referred to in the preceding paragraph.
By way of derogation from Article 22 of the aforementioned decree of 17 January 1986, the statutory staff of the International Migration Board, employed continuously for at least three years, may obtain, subject to operational requirements, leave without pay Compensation for personal suitability for a period of six months to three years.
Where the initial period of leave is less than three years, the employee may, at the request of the officer by registered letter one month before The expiry of the current period and subject to operational requirements, be extended within the three-year limit.
A new leave of the same kind may not be requested if the agent does not justify a period of effective service of three Years after the expiry of the previous leave granted under this Article. The total period of leave granted under this heading may not exceed six years in the course of an agent's career.
The request for leave indicating the start date and the duration of the leave shall be at least two months in advance by registered letter.
By way of derogation from the provisions of Article 43 of the Decree of 17 January 1986 The disciplinary sanctions that may be applied to agents of the International Migration Board are as follows:
1. The warning;
2. The blame;
3. Downgrade;
4. Office travel;
5. Temporary exclusion of duties, without pay, for a term not exceeding six months;
6. Dismissal, without notice or compensation.
Sanctions other than the warning and the blame may be imposed only after the opinion of the competent joint advisory committee meeting in disciplinary
. File of a warning or reprimand shall be deleted at the end of a period of three years if no other sanction has occurred during that period
The statutory officers of the institution acting on the effective date of this Order are, on that same date, reclassified In the jobs, categories and jobs referred to in Article 4 in accordance with the following table:
You can consult the table in OJ
No 12 of 15/01/2004 page 1123 to 1126
A Joint Order of Ministers responsible for Labour, Budget and the Public Service sets out the conditions for the implementation of this Article.
Term employees occupying permanent vacancies on the effective date of this Order are eligible for an indefinite contract and are Under the conditions laid down in Article 7.
Agents who, as of the effective date of this Order, are employed as Assistant Director, Chief of Service, Regional Delegate, Head of Mission Abroad or Surgeon General, are, subject to the interest of the service, Maintained in their duties. Within a period of one year from that date, their situation shall, as appropriate, be subject to compliance with the provisions of Articles 8 and 14.
The elections necessary for the establishment of the committees provided for in Article 5 of this Decree shall, after the reclassification of the agents in their jobs and in the Six months from the date of publication of this Order. In the meantime, the joint advisory committees established prior to this exercise shall exercise the powers, in accordance with the correlation table in Article 19.
This Order may be amended by simple order.
The second and third paragraphs of Article R. 341-22 and R. 341-23 of the Labour Code are repealed.
The provisions of this Decree shall apply from the first day of the first month following publication in the Official Journal of the French Republic.
The Minister of Social Affairs, Labour and Solidarity, the Minister for Foreign Affairs, the Minister of Economy, Finance and Industry, the Minister of Public service, the reform of the State and spatial planning and the Minister responsible for the budget and budgetary reform shall each have responsibility for the implementation of this Decree, which shall be published in the Official Journal of The French Republic
Done at Paris, January 14, 2004.
Jean-Pierre Raffarin
By the Prime Minister:
The Minister of Business Social,
du travail et de la solidarité,
François Fillon
The Minister of Foreign Affairs,
Dominique de Villepin
The Minister of Economy,
Finance and Industry,
Francis Mer
The Minister of the Public Service,
of the
and Spatial Planning,
Jean-Paul Delevoye
The Minister Delegate to the
Budget and Budget Reform,
Alain Lambert
