Machine Translation of "<Span About="http://www.legifrance.gouv.fr/eli/decret/2002/2/4/ateg0190095D/jo/texte/fr" Property="eli:title" Typeof="el..." (France)

Decree No. 2002-141, February 4, 2002 With Exceptions To The Minimum Guarantees Of The Length Of The Tr

Original Language Title: Décret n° 2002-141 du 4 février 2002 portant dérogations aux garanties minimales de la durée du tr

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Summary

Application of Council Directive 93 /104/EC of 23 November 1993 on certain aspects of the organisation of working time. Decree 2000-815 of 25 August 2000 on the development and reduction of working time In the public service of the State fixed in Article 3 of the minimum guarantees in the field of working time. It does, however, provide for the possibility of derogating from these minimum guarantees by decree of the same Article in Article 1 of this Decree, which sets out in its Article 1 the circumstances in which it will be possible to derogate, in the services of the Ministry The Directive covers activities which tend to occur during the year in a recurrent way in situations of crisis affecting the protection of persons. And property or the integrity of the media, during periods of standby or intervention. These include periods of flooding which involve the agents responsible for the announcement of floods. The b concerns exceptional police operations, which may in particular require the use of brigades from several departments, in particular Liaison with the gendarmerie services, in special circumstances (hunting for doves in forbidden periods, for example).The interventions cited in the c concern the agents of the National Hunting Office, the higher council of the Fishing and national parks. They require the presence of agents on the ground for a limited period of time, but for a duration that exceeds the usual hours of work, including water quality measurement campaigns that take place within 24 hours. Minimum.Article 2 of this Decree provides for the replacement, in the above circumstances, of the common law thresholds by new terminals for organising the work by mobilising 2 teams per 24 hours. The maximum daily working time could thus reach 12 hours (instead of 10 hours), the maximum amplitude of the working day 14 hours (instead of 12 hours), the actual working week 60 hours on a Isolated week (instead of 48 hours).Article 3 of this Decree provides that the agents concerned by such derogations may benefit in return for the hardship imposed on them, in addition to the duration of the work Effectively calculated as the observed hourly exceedance of a coefficient fixed at 1.1.

Keywords

AMENAGEMENT OF TERRITORY , ENVIRONMENT , PUBLIC FUNCTION OF THE STATE , EMPLOYEE , STAFF , FOCUS SERVICE , PUBLIC ESTABLISHMENT HAS ADMINISTRATIVE CARACTERE , EPA , CHANGE IN WORKING TIME , WORKING TIME , ARTT , REDUCTION OF WORKING TIME , RTT , THIRTY-FIVE HOURS , ORGANISATION OF WORKING TIME , WORK DAY , REST , MINIMUM REST , WEEKLY WORKING WEEK , DEROGATION , MINIMUM WARRANTY , TRANSPOSITION OF DIRECTIVE THIS

JORF No. 32 of 7 February 2002 Page 2517
Text No. 28

DECRET
Decree n ° 2002-141 of 4 February 2002 concerning derogations from the minimum guarantees of working hours and rest periods applicable to certain agents in relation to the Ministry of the Environment

NOR: ATEG0190095D ELI: http://www.legifrance.gouv.fr/eli/decret/2002/2/4/ATEG0190095D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2002/2/4/2002-141/jo/texte

The Prime Minister,
On the report of the Minister of Economy, Finance and Industry, the Minister of Spatial Planning and the Environment and the Minister of The civil service and the reform of the state,
Having regard to Council Directive 93 /104/EC of 23 November 1993 on certain aspects of the organisation of working time;
Having regard to Decree No. 2000-815 of 25 August 2000 on development and Reduction of working time in the public service of the State, and in particular Article 3;
In view of the opinion of the ministerial health and safety committee of 3 October 2001;
In view of the opinion of the ministerial Joint Technical Committee 4 October 2001;
In view of the opinion of the Senior Council of the Public Service of 25 October 2001;
The Council of State (Finance Section) heard,
Clipping:

Item 1 Read more about this Article ...

The services of the Ministry responsible for the environment and its public establishments may derogate from the minimum guarantees mentioned in the I of Article 3 of the decree of 25 August 2000, in the circumstances
a) During periods of standby or intervention made necessary to ensure the protection of persons and property or the integrity of natural environments during events that occur on a recurring basis during Year;
(b) In environmental police operations of particular importance;
(c) To proceed, one or more times a year, for the enumeration of animal populations or the capture of protected or harmful animals;
(d) For Collect data requiring special monitoring on the ground.

In the services and in the circumstances described above:
(a) The weekly working hours may be extended to sixty hours in the same week in accordance with the average duration of the Forty-four hours over any period of twelve consecutive weeks;
(b) The daily hours of work may be extended to twelve hours;
(c) The maximum hours of work may be extended to fourteen hours.

Item 3 Read more about this Article ...

Without prejudice to the application of the provisions relating to the specific compensation for night work, Sunday or public holidays and overtime, the agents concerned by the derogations Referred to in Article 2 shall, to the extent of the hardship imposed on them, benefit from a counterparty in time calculated at the time limit established, assigned a coefficient of 1.1.

Item 4 Learn more about this Article ...

The Minister of Economy, Finance and Industry, the Minister for Spatial Planning and the Environment, the Minister of Public Service and State Reform, and the Secretary of State for Budget shall each be responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.

Done at Paris, February 4, 2002.

Lionel Jospin

By the Prime Minister:

The Minister for Planning

and Environment

Yves Cochet

Minister of the Economy,

Finance and Industry,

Laurent Fabius

The Minister of the Public Service

and the Reform of State,

Michel Sapin

Budget Secretary,

Florence Parly

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