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Order Of January 20, 2004 With Application In Public Institutions To Scientific Character

Original Language Title: Arrêté du 20 janvier 2004 portant application dans les établissements publics à caractère scienti

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Keywords

NATIONAL EDUCATION , PUBLIC FUNCTION OF THE STATE , SCIENTIFIC RESEARCH , PUBLIC ESTABLISHMENT HAS SCIENTIFIC AND TECHNOLOGICAL CHARACTER , EPST , EMPLOYMENT-STUDY CENTRE , STAFF , CHANGE IN WORKING TIME , ARTT , JOB , REDUCTION OF WORKING TIME , RTT , EMPLOYEE , NON-INCUMBENT AGENT , THIRTY-FIVE HOURS , DURATION OF ACTUAL WORK , TIME SAVINGS ACCOUNT , TIME CAPITAL , RIGHT A CONES , ACCUMULATION , REMUNERATION , CALCULATION MODE


JORF No. 26 of 31 January 2004 Page 2230
Text #7


ARRETE
Decree of 20 January 2004 on application in public establishments of a scientific and technological nature and at the Employment Studies Centre of Decree No. 2002-634 of 29 April 2002 establishing The time savings account in the public service of the state

NOR: MENF0302653A ELI: http://www.legifrance.gouv.fr/eli/arrete/2004/1/20/MENF0302653A/jo/texte


The Minister of Social Affairs, Labour and Solidarity, the Minister of Youth, National Education and Research, the Minister of Economics, Finance and Industry, the Minister of Equipment, Transportation, Housing, Tourism and the Sea, the Minister of Health, Family and Disability, the Minister of Agriculture, Food, Fisheries and Rural affairs, the Minister of the Public Service, the reform of the state and spatial planning and the minister delegated to cooperation and the Francophonie,
Given the rural code, in particular Articles R. 831-1 to R. 831-15 relating to The Institut national de la recherche agronomique et ses Articles R. 832-1 to R. 832-9 relating to the Centre national du machinisme agricole, du génie rural, des eaux et des forêts;
In view of Act No. 79-587 of 11 July 1979 on the motivation of Administrative acts;
In view of the law n ° 82-610 of 15 July 1982 as amended policy and programming for the research and technological development of France;
In the light of Law No. 83-634 of 13 July 1983 amended on rights and Civil servants' obligations, together with the amended Act No. 84-16 of 11 January 1984 laying down statutory provisions relating to the public service of the State;
In the light of Decree No. 82-993 of 24 November 1982 amending the organisation and the Operation of the National Centre for Scientific Research;
In light of Decree No. 83-975 of 10 November 1983 on the organization and operation of the National Institute of Health and Medical Research;
Given the Decree No. 84-430 of 5 June 1984 amending the organisation and functioning of the Research Institute for Development;
In view of Decree No. 84-972 of 26 October 1984 on the annual leave of officials of the State;
Given Decree No. 85-831 On 2 August 1985 on the organization and operation of the National Institute for Research in Computer Science and Automatic;
In light of Decree No. 85-984 of 18 September 1985 establishing and organizing the National Research Institute on the Transport and their safety;
In light of Decree No. 86-382 of 12 March 1986 on the organisation and operation of the National Institute for Demographic Studies;
In view of Decree No. 86-399 of 12 March 1986, as amended by Decree No. 93-632 of 23 March 1993 and by Decree No. 2000-860 of 1 September 2000 on the organisation and operation of the employment centre;
In view of Decree No. 94-874 of 7 October 1994 laying down the common provisions applicable to trainees of the State and its trainees Public institutions;
In view of Decree No. 2000-815 of 25 August 2000 on the development and reduction of working time in the public service of the State;
In view of Decree No. 2002-634 of 29 April 2002 on the creation of an account Saving-time in the public service of the State;
In view of the decree of 31 August 2001 on the development and reduction of working time in public establishments of a scientific and technological nature and at the centre of employment studies ;
In view of the opinion of the Ministerial Joint Technical Committee on Higher Education and Research dated October 21, 2003,
Stop:

Item 1 Read more about this Article ...


This Order applies to all non-incumbent and non-incumbent staff employed in public establishments of a scientific and technological nature and at the centre of employment studies, therefore They have been employed continuously for at least one year in a State administration or public institution by reporting.

Article 2 Read more about this Article ...


The agents mentioned in Article 1 above may request the opening of a time savings account, since they do not already benefit from such an account previously opened with a service or Public establishment under the responsibility of the Minister responsible for research or other administration of the State or of a public institution.
Subject to the provisions of Article 2 of the decree of 29 April 2002, the account Time savings shall be open for the year corresponding to the date of filing of the application by the administrative authority designated by the Director General or the director of the institution holding a count of the days of leave taken by the The agent.
It shall inform the agent once a year of the rights saved and consumed, the balance of days available on the time savings account, and, where applicable, the date of expiry of the period laid down in Article 6 (1) of the Decree of 29 April 2002 above.

Article 3 Learn more about this Article ...


The agent assigned in one of the public institutions mentioned in Article 1, who already has an account savings account with another administration of the State or a public institution by reporting, Retain accrued leave entitlements under the time savings account, and continue to feed and use the account in accordance with the management terms and conditions set out below which become applicable to the account.

Article 4 More about this Article ...


For the purposes of saving the time savings account, the year used as a reference for calculating vacation entitlements is the calendar year.
Within the limits indicated below, the agent may request, a Each year at the end of the reference calendar year and by 31 December at the latest, on his savings-time account the days of annual leave and the days of reduction of working time not taken by that date.

Article 5 Learn more about this Item ...


The unit of account for days saved and consumed in the savings-time account is the working day.
For a part-time agent, the number of days that can populate the time savings account is assigned The same as that applicable to the agent's working time.

Article 6 Learn more about this Article ...


The use of days saved in the time savings account is subject to the following cumulative conditions:
-the agent must have been informed by the administrative authority referred to in Article 2 of the He has saved at least forty working days on his savings-time account for the first time since the account was opened;
-the agent must submit his/her request for leave in respect of the time savings account to his or her head of service in Within a period of not less than twice the duration of the leave requested, without this period being less than one month or more than six months;
-regardless of the service quotity worked by the agent, the total duration of the leave is not Not less than five consecutive working days;
-the request cannot have the effect of making the balance of the savings account negative;
-the time taken for the time savings account must be compatible with the Operational requirements.

Item 7 Read more about this Section ...


If any of the conditions of section 6 above are not met, the Chief of Service may object to the officer's request or request the amendment. Such a decision must be reasoned within the meaning of the aforementioned Act of 11 July 1979.

Article 8 Learn more about this Article ...


Leave vested in the savings-time account shall be exercised before the expiry of the period provided for in Articles 6 and 7 of the Decree of 29 April 2002, which shall be counted from the date on That the agent has been informed by the administrative authority referred to in Article 2 above that he has at least 40 days save on his account. On that date, the officer may request the use of leave without pay under the conditions set out in this Order.

Article 9 Learn more about this Article ...


At the end of the time period referred to in item 8 above, the time savings account must be ended.
Leave not taken due to the agent at the closing date of the savings-time account is lost.
The agent who, By reason of the administration, has not been able to use the days saved on his savings-time account at the closing date of the account, has the full right before that date, on his request, and, if he so wishes, on an ongoing basis. It shall be informed of this right within a time limit which allows the exercise thereof, and at least three months before the effective date of the start of the leave.

Article 10 Read more about this Article ...


During his time off on behalf of the Time Savings Account, the officer retains his or her rights to leave under Section 34 of the aforementioned Act of January 11, 1984. On receipt of one of these leave, the leave in progress under the savings-time account shall be suspended.
Parental leave, long-term leave, long-term leave and the traineeship period provided for in the decree of 7 October 1994, extending the ten-year period for the exercise of the savings-time account for a period equal to that of the said leave or the traineeship. During the period of such leave or the traineeship, the agent shall not be able to supply his savings-time account nor use days previously saved.
The period of leave taken under the savings-time account shall not be entitled to the days of reduction Working time.

Item 11
Agents who wish to pay on a time savings account, under the conditions set out in this Order, the days of annual leave and the days of reduction in working time not taken in respect of the year 2002 and 2003 and not postponed, have three months from the date of publication of this Order to apply for the opening and feeding of their savings-time account with the administrative authority Mentioned in Article 2 above.

Article 12
The Directors-General and Director of Scientific and Technological Public Establishment and the Centre for Employment Studies shall each have responsibility for the execution of this Order, Which will be published in the Official Journal of the French Republic.


Done at Paris, January 20, 2004.


The Minister of Youth,

of National Education and Research,

Luc Ferry

The Minister of Business Social,

du travail et de la solidarité,

François Fillon

Finance and Industry Minister



Francis Mer

The Minister of Equipment, Transport,

Housing, Tourism and the Sea,

Gilles de Robien

The Minister of Health, Family

and People with Disabilities,

Jean-François Mattei

The Minister of Agriculture, Food,

Fisheries and Rural Affairs,

Hervé Gaymard

The Minister of the Public Service,

of the Reform of the

and Spatial Planning,

Jean-Paul Delevoye

The Minister Delegate to the

cooperation and the Francophonie,

Pierre-André Wiltzer


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