Decree No.. 2002-155 Of 8 February 2002 Derogating Minimum Guaranteed Hours Of Work And Rest For Some Agents Of The Ministry Of Economy, Finance And Industry

Original Language Title: Decree No. 2002-155 of 8 February 2002 derogating minimum guaranteed hours of work and rest for some agents of the Ministry of Economy, Finance and Industry

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Summary Implementation of Directive 89/391 / EEC of 12 June 1989 on the implementation of measures to encourage improvements in the safety and health of workers at work. The Decree 2000 - 815 of August 25, 2000 determines, in Article I-3, a number of minimum guarantees of hours of work and rest arising, for the vast majority of them the transposition of Directive 93/104 / EC of 23 November the Council 1993. Section 3 - II, the abovementioned Decree provides for two possible exemptions to these guarantees: permanent exceptions defined by a decree (3A-II art) and involved waivers for a limited period in exceptional circumstances by decision of the head of service (Art. II - b - 3). The exceptions in art. 3-II-a must intervene if the subject of the public service always requires, in particular for the protection of persons and property. The Ministry of Economy, Finance and Industry, exceptions of this type are necessary to ensure security missions, economic and health and safety. This Decree defines one hand, agents of the Ministry of Economy, Finance and Industry brought to derogate permanently, to one or more minimum guarantees, taking into account specific conditions for the exercise of their duties, on the other hand, granted. It their counterparties is: has) officers of the Directorate-General of Customs and Excise - art 1: As part of the programming of working ranges and operation of the service as a rating service established 10 days in advance, for the fortnight or the month before intended to reconcile the requirements of the service and the pace of life agents. The extension to 12 hours per day as part of a service rating only concern long vacations as they exist today. This programming mode will not be extended to other services - Article 2: in the context of the exercise of their oversight and investigations, to address specific constraints imposed by the Customs Code and to implement procedures not possible to meet the minimum guarantees: thus, service extensions can occur as a result of legal proceedings (Article 324 of the Customs Code) and the imperative necessities of service (for example (: devices BSE crisis, dioxin, vigipirate..) and for the implementation of the judicial police powers conferred on certain customs agents by Article 28-1 of the Code of Criminal Procedure. Moreover, in the context of state action at sea, customs officers should respond immediately to the demands which they are subject (eg rescue and assistance, prevention and repression of marine pollution),-Article 4: to organize the examination of goods made under Article 102-1 of the Customs Code. The customs administration is able to maintain supply to international traders has competitive and attractive public service fully adapted to the clearance requirements 24 h / 24 of marchandises.b) agents ensuring the keeper and trades first guard box at the Paris property and security officer in charge of guarding functions of the monetary institution Pessac Executive of coins and medals (Article 6); (c) officers of the security service Headquarters of the Ministry of Economy, Finance and Industry (Article 5), officers of the internal service, agents Automotive Service of headquarters of the Ministry of Economy, Finance and Industry, ensuring monitoring and safety functions (Article 7), assigned to the operation of motor vehicles (Article 8). The counterparties are either granted exemptions from the annual duration of 1600 hours, or financial compensation and / or compensatory leave. Keywords ECONOMICS, FINANCE, INDUSTRY, PUBLIC STATE, HEADQUARTERS, OFFICIAL staff, MANAGEMENT OF WORKING TIME, WORKING HOURS, shorter working week, REDUCTION OF WORKING TIME, RTT, THIRTY-FIVE HOURS, THE ORGANIZATION WORKING TIME, WORKING DAY, MINIMUM REST PERIOD WEEKLY WORK, PROVIDED, MINIMUM GUARANTEE THIS DIRECTIVE TRANSPOSITION Journal official. 35 of 10 February 2002 2735 page 3 text DECREE Decree No.. 2002-155 of February 8, 2002 derogating minimum guaranteed hours of work and rest for some agents of the Ministry of Economy, Finance and Industry NOR: ECOP0100525D ELI: http://www.legifrance.gouv.fr/eli/decret/2002/2/8/ECOP0100525D/jo/texte to AKA: http://www.legifrance.gouv.fr/eli/decret/2002/2 / 8 / 2002-155 / OJ / Text Prime Minister, On the report of the Minister of Economy, Finance and Industry and the Minister of Public Service and State Reform , Pursuant to the Directive 89/391 / EEC of 12 June 1989 on the implementation of measures to encourage improvements in the safety and health of workers at work; Having regard to Directive 93/104 / EC of 23 November 1993 concerning certain aspects of the organization of time working; Given the Customs Code; Considering the code of criminal procedure; Given the book of tax procedures; Considering Decree No.. 2000-815 of 25 August 2000 on the organization and reduction of working time, in particular Article 3 thereof; Considering the opinion of the committee on health and Departmental Security dated November 9, 2001; After consulting the Joint Ministerial Technical Committee dated 19 November 2001; Considering the opinion of the High Council of State Public Service dated December 4, 2001; The Council of State (Finance section) heard, Decrees: Article 1 Learn more about this product... For the organization of work of the officers of the General Directorate of Customs and Excise, the derogations from the minimum guarantees mentioned in I of Article 3 of the Decree of 25 August 2000 referred to above, under the following conditions: a) The duration of daily work may be increased to noon; b) The minimum daily rest period may be set at eight hours. Article 2 More about this article... For the organization of the work of agents of the Directorate-General of Customs and Excise exerting control activity and investigation, minimum the guarantees mentioned in I of Article 3 of Decree of 25 August 2000 referred to above do not apply when work schedules vary according to related needs, firstly, to the implementation of the powers granted to these agents by the Customs Code the book of tax procedures and the Criminal Procedure Code and, secondly, to the exercise of the tasks under the state action at sea. Article 3 More about this article... The agents mentioned in Articles 1 and 2 receive, in consideration of constraints imposed on them by the provisions of these blogs is a derogation from the effective annual working time of 1600 hours, under the third paragraph of Article 1 of the decree of August 25, 2000 referred to above, granted either compensatory rest, for equal time individually. Article 4 More about this article... For the organization of the work of agents of the Directorate-General of Customs and Excise charged, under the provisions of Article 102 - 1 of the Customs Code, the audit of goods are waived with minimum guarantees mentioned in I of Article 3 of the Decree of 25 August 2000 referred to above, under the following conditions: a) The duration of daily work may be increased to fourteen hours; b) The minimum daily rest period may be set at six hours. The officers concerned by these exemptions benefit in exchange for their subjection functions of financial compensation fixed by order of the Minister for the Budget. Article 5 More about this article... For the organization of work of the security service officers of the central administration of the Ministry of Economy, Finance and Industry, are waived with minimum guarantees mentioned in I of Article 3 of the Decree of 25 August 2000 referred to above, under the following conditions: a) weekly hours of actual work may be raised during the same week seventy-two hours in respect of the average duration oven and forty hours in any period of twelve consecutive weeks; b) The duration of daily work may be increased to twenty-four hours minimum rest. The agents involved in these exemptions have, in consideration for their functions constraints, besides a minimum rest forty-eight consecutive hours after every guard, of financial compensation. Article 6 More about this article... For the organization of the work of agents of the Directorate of coins and medals ensuring the keeper of features and first to establish lodge keeper and Paris security officer responsible for the caretaking functions of the establishment of Pessac, are waived with minimum guarantees mentioned in I of Article 3 of the Decree of 25 August 2000 referred to above for daily working time , which is increased to eleven and ten minutes during the day and twelve hours and ten minutes at night, the Saturday and Sunday. The officers in question shall receive, in consideration for their constraints functions, minimum of two days and a maximum of three days of compensatory rest upon the decision of their managers, who appreciates the concrete conditions of the exemption and may make the taking compensatory rest requirements of the service. Article 7 More about this article... For the organization of the work of agents of the internal service of the Ministry of Economy, Finance and Industry providing monitoring and security functions are waived with guarantees Minimum mentioned in I of Article 3 of the Decree of 25 August 2000 referred to above, under the following conditions: a) weekly hours of actual work may be raised during the same week to sixty hours in respect of the average duration oven and forty hours in any twelve-week period; (b)) The duration of daily work may be increased to twelve hours. The officers concerned by these exemptions benefit in exchange for their subjection functions of financial compensation. Article 8 More about this article... For the organization of the work of agents of auto service headquarters of the Ministry of Economy, Finance and Industry assigned to the driving motor vehicles, by Notwithstanding the minimum guarantees mentioned in I of Article 3 of the Decree of 25 August 2000 mentioned above, the minimum daily rest period is set at ten. The officers in question shall receive, in consideration for their functions constraints, compensation under the benefits system applicable to them. Article 9 More about this article... The Minister of the Economy, Finance and Industry, the Minister of Public Service and Reform of the State and the Secretary of State to the budget are loaded each in regards to the execution of this decree, which will be published in the Official Journal of the French Republic. Done at Paris, February 8, 2002. Lionel Jospin By the Prime Minister: The Minister of Economy, Finance and Industry, Laurent Fabius The Minister of Civil Service and State Reform, Michel FIR The Secretary of State for budget Florence Parly

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