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173 of July 27th, 2005 page 19143
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LAWS


LAW 2020 863 of July 26th, 2005 carrying various measurements of transposition of the Community legislation to the civil service (1)

NOR:


The National Assembly and the Senate adopted,

The promulgates the law whose content follows:


chapter

Promotion of the equality enters the women and the men

and fights against discriminations


Article 1


The first subparagraph of article 8 of the law 75-3 of January 3rd, 1975 carrying various improvements and simplifications as regards boarding houses or allowances of the surviving spouses, the mothers and the elderly persons is thus written:

“The age limits for the access to public employment are not opposable to the mothers and to fathers of three children and more and to the people raising only one or more children. ”


Article 2


With article 21 of the law 69 690 of July 9th, 1976 carrying various Protective measures social of the family, words: “of the women raising their child or” are replaced by the words: “of the people raising or”.


Article 3


Article 24 of the law 03 636 of the bearing July 13rd, 1983 rights and obligation of the officials is supplemented by a subparagraph thus written:

“When, pursuant to his particular status containing one period of obligatory formation preliminary to establishment, an official subscribed the commitment to be useful during one minimum duration, its intake with the retreat, before this commitment is honoured, involves an obligation of settlement of the fixed amounts by the applicable regulation, according to procedures determined by decree as a Council of State. This obligation is, however, opposable neither with the official found hard-working handicapped by the Commission mentioned with the item L. 146-9 of the code of the social action and the families, nor with the erased official of the executives by anticipation for disability. ”


Article 4


With article 2 of the law 91 994 of July 1st, 1980 carrying various provisions in favor of certain categories of women and people in charge of family, the words: “of family” are replaced by the words: “and fathers”.


Article 5


In the item L. 711-9 of the code of the social security, the words: “of the fourth subparagraph” are replaced by the words: “of the fourth and fifth subparagraphs”.


Article 6


I. - article 6 of the law 03 636 of the above mentioned July 13rd, 1983 is thus amended:

1° After the fifth subparagraph, it is inserted a 1° thus written:

“1° the fact that it underwent or refused to undergo contrary intrigues with the principles stated with the second subparagraph of this item; ”

2° the sixth subparagraph is thus amended:

a) The reference: “1°” is replaced by the reference: “2°”;

b) Words: “the principles stated with the second subparagraph of this item” are replaced by the words: “these principles”;

3° At the beginning of the seventh subparagraph, the reference: “2°” is replaced by the reference: “3°”;

4° In the last paragraph, after the word: “proceeded”, the words are inserted: “or to proceed”;

5° It is added a subparagraph thus written:

“The provisions of this item are applicable to the nontitular agents of public law. ”

II. - Article 6 (a) of the same law is thus amended:

1° In the first subparagraph, after the word: “distinction”, are inserted the words: “, direct or indirect,”;

2° is added six subparagraphs thus written:

“No measurement in particular relating to recruitment, establishment, the formation, the notation, the discipline, promotion, the assignment and the transfer can be taken with regard to an official while taking into account:

“1° the fact that it underwent or refused to undergo contrary intrigues with the principles stated with the first subparagraph;

“2° the fact that he formulated a recourse near an hierarchically superior or engaged an legal action aiming at making adhere to these principles;

“3° Or the fact that he testified to contrary intrigues to these principles or that he reported them.

“To a disciplinary action any agent having proceeded or to proceed to the intrigues defined Is liable above.

“The provisions of this item are applicable to the nontitular agents of public law. ”

III. - Article 6 B of the same law is thus amended:

1° After the 1°, it is inserted a 2° thus written:

“2° the fact that he formulated a recourse near an hierarchically superior or engaged an legal action aiming at putting an end to these intrigues; ”

2° At the beginning of the third subparagraph, the reference: “2°” is replaced by the reference: “3°”;

3° In the last but one subparagraph, after the word: “proceeded”, the words are inserted: “or to proceed”.

IV. - In the last but one subparagraph of article 6 of the same law, after the words: “having proceeded”, the words are inserted: “or having to proceed”.


Article 7


The 5° of article 34 of the law 84-16 of the bearing January 11th, 1984 statutory provisions relative to of the State is thus amended:

1° the first subparagraph is supplemented by three sentences thus written:

“The right to the leave of adoption is opened to the mother or the adoptive father. When the two joint ones work, either one of both gives up its right, or the leave is distributed between them. In this last case, the duration of the aforementioned is increased and split according to the procedures provided for by the legislation on the social security. ”;

2° In the last paragraph, the words: “or of adoption” are abolished;

3° It is added a subparagraph thus written:

“With the expiry of each vacation mentioned with the two preceding subparagraphs, the official is automatically reallocated in his old employment. If the aforementioned cannot be to him proposed, the official is affected in an equivalent employment, nearest to his last work place. If he asks it, he can also be affected in the use nearest to his residence subject to the respect of the provisions of article 60; ”.


Article 8


The 5° of article 57 of the law 84-53 of the bearing January 26th, 1984 statutory provisions relating to the territorial public function is thus amended:

1° the first subparagraph is supplemented by three sentences thus written:

“The right to the leave of adoption is opened to the mother or the adoptive father. When the two joint ones work, either one of both gives up its right, or the leave is distributed between them. In this last case, the duration of the aforementioned is increased and split according to the procedures provided for by the legislation on the social security. ”;

2° In the last paragraph, the words: “or of adoption” are abolished;

3° It is added a subparagraph thus written:

“With the expiry of each vacation mentioned with the two preceding subparagraphs, the official is automatically reallocated in his old employment. If the aforementioned cannot be to him proposed, the official is affected in an equivalent employment, nearest to his last work place. If he asks it, he can also be affected in the use nearest to his residence subject to the respect of the provisions of article 54; ”.


Article 9


The 5° of article 41 of the law 86-33 of the bearing January 9th, 1986 statutory provisions relative to hospital is thus amended:

1° the first subparagraph is supplemented by three sentences thus written:

“The right to the leave of adoption is opened to the mother or the adoptive father. When the two joint ones work, either one of both gives up its right, or the leave is distributed between them. In this last case, the duration of the aforementioned is increased and split according to the procedures provided for by the legislation on the social security. ”;

2° In the last paragraph, the words: “or of adoption” are abolished;

3° It is added a subparagraph thus written:

“With the expiry of each vacation mentioned with the two preceding subparagraphs, the official is automatically reallocated in his old employment. If the aforementioned cannot be to him proposed, the official is affected in an equivalent employment, nearest to his last work place. If he asks it, he can also be affected in the use nearest to his residence subject to the respect of the provisions of article 38; ”.




Chapter II

Opening of to the nationals

Community and mobility of the agents






Article 10


Article 5 (a) of the law 03 636 of the bearing July 13rd, 1983 rights and obligation of the officials is thus amended:

1° the first subparagraph is thus written:

“Nationals of the Member States of the European Community or another State left to the agreement on European Economic space others that France have access, under the conditions provided for with the general status, with the bodies, frameworks of employment and employment. However, they do not have access to employment whose attributions either are not separable exercise of sovereignty, or contain a direct or indirect participation in the exercise of prerogatives of public power of the State or other communities. ”;

2° the seventh subparagraph is thus amended:

a) The first sentence is abolished;

b) Words: “These particular statuses also specify” are replaced by the words: “The particular statuses specify”.


Article 11


After article 13 of the law 03 636 of the above mentioned July 13rd, 1983, it is inserted article 13 (a) thus written:

“Article 13 (a). - All the bodies and frameworks of employment are accessible by channel from detachment under the conditions provided for by their particular statuses, provided, when the exercise of the corresponding functions is subordinated to the detention of a bond or a specific diploma, detention of this bond or this diploma. ”




Chapter III

Fight against precariousness






Article 12


Article 4 of the law 84-16 of the bearing January 11th, 1984 statutory provisions relative to of the State is thus amended:

1° the fourth subparagraph is thus written:

“The agents thus recruited are engaged by limited time contracts, one three years maximum duration. These contracts are renewable, by renewal . The duration of the successive contracts cannot exceed six years. ”;

2° is added two subparagraphs thus written:

“If, at the conclusion of six years the maximum period mentioned with the preceding subparagraph, these contracts are renewed, they can the being only by decision and for one unlimited duration.

“The provisions of the preceding subparagraph are not implemented to the contracts concluded for the implementation from a training program, insertion, reconversion professional or vocational training of training. ”


Article 13


I. - When the agent, recruited on an established post, is in function with the publication date of this law or profits, on this date, of a leave, pursuant to the provisions of the decree mentioned in article 7 of the law 84-16 of the bearing January 11th, 1984 statutory provisions relating to the civil service of the State, the renewal of its contract is forwarded to the conditions provided for with the fourth, fifth and sixth subparagraphs of article 4 of the same law.

When, with the publication date of this law, the agent has been in function for at least six years, in a continuous way, its contract cannot, in its term, being takes back that by decision and for one unlimited duration.

II. - The contract, with the publication date of this law, is transformed into permanent contract, if the satisfied agent, on June 1st, 2004 or at the latest at the end of its contract in progress, in the following conditions:

1° To be at least fifty years old;

2° To be in function or to profit from a leave pursuant to the provisions of the decree mentioned in article 7 of the law 84-16 of the above mentioned January 11th, 1984;

3° To justify one effective working life at least equal to six years during the eight last years;

4° To occupy an use pursuant to article 4 or of the first subparagraph of article 6 of the law 84-16 of the above mentioned January 11th, 1984, in the services of the State or of its administrative public establishments.


Article 14


I. - article 3 of the law 84-53 of the bearing January 26th, 1984 statutory provisions relating to the territorial public function is thus amended:

1° the third subparagraph is replaced by three subparagraphs thus written:

“Notwithstanding the principle given in article 3 of the bond of the general status, of the established posts can be busy by contract employees in the following cases:

“1° When there does not exist framework of uses of officials likely to provide the corresponding functions;

“2° For the uses of the level of the category has, when the nature of the functions or the needs for the services justifies it. ”;

2° With the last paragraph, words: “for one limited duration and renewed by renewal ” are abolished;

3° is added two subparagraphs thus written:

“The agents recruited in accordance with the fourth, fifth and sixth subparagraphs are engaged by limited time contracts, one three years maximum duration. These contracts are renewable, by renewal . The duration of the successive contracts cannot exceed six years.

“If, at the conclusion of six years the maximum period mentioned with the preceding subparagraph, these contracts are renewed, they can the being only by decision and for one unlimited duration. ”

II. - In the second sentence of the first subparagraph of article 34 of the law 84-53 of the above mentioned January 26th, 1984, the words: “three last paragraphs” are replaced by the words: “fourth, fifth and sixth subparagraphs”.


Article 15


I. - When the agent, recruited on an established post, is in function with the publication date of this law or profits, on this date, of a leave pursuant to the provisions of the decree mentioned in article 136 of the law 84-53 of the bearing January 26th, 1984 statutory provisions relating to the territorial public function, the renewal of its contract is forwarded to the conditions provided for with the seventh and eighth subparagraphs of article 3 of the same law.

When, with the publication date of this law, the agent has been in function for at least six years, in a continuous way, its contract cannot, in its term, being takes back that by decision for one unlimited duration.

II. - The contract, with the publication date of this law, is transformed into permanent contract, if the satisfied agent, on June 1st, 2004 or at the latest at the end of its contract in progress, in the following conditions:

1° To be at least fifty years old;

2° To be in function or to profit from a leave pursuant to the provisions of the decree mentioned in article 136 of the law 84-53 of the above mentioned January 26th, 1984;

3° To justify one effective working life at least equal to six years during the eight last years;

4° To occupy an employment pursuant to the fourth, fifth or sixth subparagraphs of article 3 of the law 84-53 of the above mentioned January 26th, 1984 in a community or an establishment mentioned in article 2 of the same law.


Article 16


Article 9 of the law 86-33 of the bearing January 9th, 1986 statutory provisions relative to hospital is thus amended:

1° After the first subparagraph, is inserted three subparagraphs thus written:

“Employment at one duration noncomplete time lower than the half-time and agent with a permanent need are occupied by contract employees.

“The agents thus recruited can be engaged by contracts one unlimited duration old or determined. The limited time contracts mentioned above are one three years maximum duration. These contracts are renewable, by decision . The duration of the successive contracts cannot exceed six years.

“If, at the conclusion of the period of renewal mentioned with the preceding subparagraph, these contracts are renewed, they can the being only by decision and for one unlimited duration. ”;

2° the three last paragraphs are abolished.


Article 17


After article 9 of the law 86-33 of the above mentioned January 9th, 1986, it is inserted article 9-1 thus written:

“Article 9-1. - The establishments can recruit contract employees to ensure the temporary replacement hospital officials inalienable or authorized to exert their part-time functions. The agents thus recruited are engaged by one limited duration old contracts.

“They can also recruit contract employees to temporarily face and for one one year maximum duration at the vacancy of an employment which cannot be immediately provided under the conditions provided for by this bond.

“They can, in addition, recruit contract employees to exert occasional functions for one one year maximum duration. ”


Article 18


With article 10 of the law 86-33 of the above mentioned January 9th, 1986, words: “conditions provided for in article 9” are replaced by the words: “conditions provided for in articles 9 and 9-1”.


Article 19


I. - When the agent, recruited on an established post, is in function at the date of the publication of this law or profits, on this date, of a leave pursuant to the provisions of the decree mentioned in article 10 of the law 86-33 of the bearing January 9th, 1986 statutory provisions relating to the hospital civil service, the renewal of its contract is forwarded to the conditions provided for with the third and fourth subparagraphs of article 9 of the same law.

When, with the publication date of this law, the agent has been in function for at least six years, in a continuous way, its contract cannot, in its term, being takes back that by decision and for one unlimited duration.

II. - The contract, at the date of the publication of this law, is transformed into permanent contract if the satisfied agent, on June 1st, 2004 or at the latest at the end of its contract in progress, in the following conditions:

1° To be at least fifty years old;

2° To be in function or to profit from a leave pursuant to the decree mentioned in article 10 of the law 86-33 of the above mentioned January 9th, 1986;

3° To justify one effective working life at least equal to six years during the eight last years;

4° To occupy an employment pursuant to article 9 of the law 86-33 of the above mentioned January 9th, 1986 in the establishments mentioned in article 2 of the same law.


Article 20


When the activity of an economic entity employing of paid private law is, by transfer of this entity, taken again by a public person within the framework of an administrative public service, it rests on this person public to propose with these employees a contract of public law, at limited duration or unspecified according to the nature of the contract of which they are titular.

Except lawful legislative measure or or general terms of remuneration and use of the nontitular agents of the contrary public person, the contract which she proposes takes again the substantial clauses of the contract whose employees are titular, in particular those which relate to remuneration.

In the event of refusal of the employees to accept the amendments of their contract, the public person proceeds to their dismissal, under the conditions provided for by the law the labor and their contract.


Article 21


Article 63 of the law 74 286 of July 12th, 1999 relating to the reinforcement and the simplification of the inter-commune co-operation is repealed.


Article 22


In the item L 7426 67 of the general code of the autonomous regions, the reference: “article 63 of the law 74 286 of July 12th, 1999 relating to the reinforcement and the simplification of the inter-commune co-operation” is replaced by the reference: “article 20 of the law 2020 863 of July 26th, 2005 carrying various measurements of transposition of the Community legislation to the civil service”.




Chapter IV

Final provisions






Article 23


The items 1st, 2 and 4 are implemented to the open contests as from the first day of the fifth month following the publication of this law.

Article 3 is implemented to the officials recruited as from the first day of the fifth month following the publication of this law.

Article 11 between in force the first day of the seventh month following the publication of this law.


Article 24


The first subparagraph of II of article 90 of the law 66 0593 of December 16th, 1996 relating to employment in the one and various measurements of a statutory nature is replaced by two subparagraphs thus written:

“The public body is managed by a board of directors and is directed by a managing director. The board of directors votes the budget of it.

“The and the chief executive officer are appointed by decree. ”


Article 25


The ordinance 2109 857 of June 30th, 2005 carrying various relative tendencies with simplification of the administrative Commissions is ratified.

The present law will be carried out like law of the State.



Fact in Paris, on July 26th, 2005.



Jacques Chirac



By the :



The ,

Dominique de Villepin

The minister of state, home secretary

and of town and country planning,

Nicolas Sarkozy

The Minister for the economy,

finances and industry,

Thierry Breton

The Minister for health and solidarity,

Xavier Bertrand

The Minister for the one,

Christian Jacob

The Minister for the crop

and of the communication,

Renaud de

The deputy secretary with the budget

and with the reform of the State,

government spokesman,

Jean-François Cope

The deputy secretary with the territorial collectivities,

Brice






(1) Law 2020 863.

- Community Directives:

Directive 89/48 of directing December 21st, 1988 of the Council known as the “vat + 3” relative to a system of reconnaissance of the post-graduate advanced degrees which sanction one three years minimum duration professional trainings;

Directive 92/51 of June 18th, 1992 of the Council relative to a second general system of reconnaissance of vocational trainings, which supplements Directive 89/48;

Directive 99/70 of June 28th, 1999 of the Council concerning the outline agreement THESE, and on work at limited duration;

Directive 2001/23/CEE of the Council of March 12th, 2001 concerning the approximation of the laws of the Member States relating to the hold of the rights of the workers in the event of transfer of firms, establishments or parties of firms or establishments;

Directive 2000/43 of June 29th, 2000 of the Council relating to the implementation of the principle of equal treatment enters the people without reference of race or ethnic origin;

Directive 2000/78/CE of the Council of the bearing November 27th, 2000 creation of a general framework in favor of the equal treatment de employment work;

Directive 2002/73/CE of the European Parliament and the Council of September 23rd, 2002 amending the Directive 76/207/CEE the Council the implementation of the principle of equal treatment between men and women with regard to the access to employment, the formation and promotion professional, and the work conditions.

- Preliminary Works:

Senate:

Bill 198 2058 2005 ;

Report of Mrs. Jacqueline , on behalf of the Commission of the laws, 711 2096 2202 ;

Discussion and adoption on March 23rd, 2005.

National Assembly:

Bill, adopted by the Senate, 2210;

Report of Mr. Pierre Usher, on behalf of the Commission of the laws, 2222;

Discussion and adoption on April 6th, 2005.

Senate:

Bill, amended by the National Assembly, 146 2994 2095 ;

Report of Mrs. Jacqueline , on behalf of the Commission of the laws, 460 2604 2107 ;

Discussion and adoption on July 11th, 2005.

National Assembly:

Bill, adopted with amendments by the Senate in second reading, 2465;

Report of Mr. Pierre Usher, on behalf of the Commission of the constitutional laws, 2468;

Discussion and adoption on July 13rd, 2005.

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