Acts No. 2005-843 dated July 26, 2005 and 2012-347 dated March 12, 2012 have resulted in some progress in the status of non-permanent staff of the Public hired for a fixed term, opening the possibility of concluding contracts indefinite.
What principals tourist office?
By Mathilde Peraldi Lawyer.
Now, after an effective service life of 6 years, the contract holder of the non-public agent is hired on a temporary contract renewed indefinitely.
NB: the contract is not automatically transformed into a CDI, it is still necessary that the administration proposes to renew the contract in such a case, can not be an indefinite duration.
These provisions constitute compliance with Community law which considers that the open-ended contracts "are and will remain the general form of employment relationship between employers and workers."
This compliance is not yet all non-tenured public officials.
So is it the directors of the tourist office. Indeed, Article R. 133-11 of the Tourism Code provides:
"The director of the tourist office is recruited by contract.
He is appointed by the President, after consulting the committee.
The contract is concluded for a period of three years, renewable for express renewal; it may be terminated without notice or compensation during the first three months of exercising the function.
The age limit is that the director intended for non-holders of common agents.
In case of non-renewal, the applicant receives a severance payment calculated according to the provisions relating to the dismissal of civil servants not of state administrations agents.
In all cases, the dismissal or non-renewal of the contract is made by the President after consultation with the committee. "
This article provides that the contract may be renewed does not specify whether the term of an effective period of 6 years, the contract is concluded for an indefinite period.
And for good reason, according to a ministerial response dated November 10, 2009:
"Director operates the tourist office under the authority of the president." It is also stated that it is "appointed under the conditions laid down by decree" and that his "appointment and dismissal are subject to the opinion of the Executive Committee." Article R. 133-11 of the Code provides that "the Director of the Office of Tourism is recruited by contract (...) concluded for a period of three years, renewable for express renewal." Thus, the contract of a director tourist office should be provided for a period of three years is not a maximum but the fixed term of the contract as provided by the Code of Tourism. Finally, do not fall under the new provisions introduced by the Act of July 26, 2005 as the only non-permanent staff of the local government service is the foundation of commitment based on paragraphs 4, 5 and 6 of Article 3 of the Law 26 January 1984. the Directors of the tourist office, with recruitment for their own legal basis does not refer to section 3 above, are therefore not affected by the new provisions "(departmental Response published in OJ November 10, 2009.
To believe this ministerial response, the tourist office managers are recruited on a standalone basis what the Tourism Code, they can not benefit from the provisions of the General Staff of the Public Service and in particular the law of January 26, 1984 for the renewal of contracts in CDI.
On this point, it is true that the law of 26 January 1984 does not refer to the Code of Tourism and vice versa. Moreover, the case of openings in recruitment of non-contractual employees of Article 3 of that Act does not cover the post of director of the tourist office. It is in any case difficult to relate the position of director of the tourist office positions referred to in Article 3.
However, the non-renewal of these contracts CDI not he is a manifest disregard of the aforesaid Community provisions?
It is in this context that the member Jean-Louis Christ took the Foreign Minister of craft, trade and tourism a question about the nature of the employment contracts of directors tourist offices established in public institutions industrial and commercial:
"According to the network of tourist offices in France, this system provides a precarious situation and that these directors, especially the non-renewal is discretionary and not motivated. To bring our law into line with European law and to ensure fair treatment of those managers with colleagues associative structures, the network of tourist offices in France proposes a modification of code in tourism and changing the terms of Article R. 133-11 of the Code: "The contract is concluded for a period of three years, renewable for express renewal; at the end of a period of 6 years, the extended contract shall be compulsory as a contract of indefinite duration. "
He asked what steps the Government intends to take this proposal the network of tourist offices in France, regarding the employment contracts of directors tourist offices, constituted as EPIC "(Question No. 35614 published JOAN on August 6, 2013 and renewed page: 8295).
The courts have not decided this point, the ball of the fight against insecurity in the camp is full power!
What principals tourist office?
By Mathilde Peraldi Lawyer.
Now, after an effective service life of 6 years, the contract holder of the non-public agent is hired on a temporary contract renewed indefinitely.
NB: the contract is not automatically transformed into a CDI, it is still necessary that the administration proposes to renew the contract in such a case, can not be an indefinite duration.
These provisions constitute compliance with Community law which considers that the open-ended contracts "are and will remain the general form of employment relationship between employers and workers."
This compliance is not yet all non-tenured public officials.
So is it the directors of the tourist office. Indeed, Article R. 133-11 of the Tourism Code provides:
"The director of the tourist office is recruited by contract.
He is appointed by the President, after consulting the committee.
The contract is concluded for a period of three years, renewable for express renewal; it may be terminated without notice or compensation during the first three months of exercising the function.
The age limit is that the director intended for non-holders of common agents.
In case of non-renewal, the applicant receives a severance payment calculated according to the provisions relating to the dismissal of civil servants not of state administrations agents.
In all cases, the dismissal or non-renewal of the contract is made by the President after consultation with the committee. "
This article provides that the contract may be renewed does not specify whether the term of an effective period of 6 years, the contract is concluded for an indefinite period.
And for good reason, according to a ministerial response dated November 10, 2009:
"Director operates the tourist office under the authority of the president." It is also stated that it is "appointed under the conditions laid down by decree" and that his "appointment and dismissal are subject to the opinion of the Executive Committee." Article R. 133-11 of the Code provides that "the Director of the Office of Tourism is recruited by contract (...) concluded for a period of three years, renewable for express renewal." Thus, the contract of a director tourist office should be provided for a period of three years is not a maximum but the fixed term of the contract as provided by the Code of Tourism. Finally, do not fall under the new provisions introduced by the Act of July 26, 2005 as the only non-permanent staff of the local government service is the foundation of commitment based on paragraphs 4, 5 and 6 of Article 3 of the Law 26 January 1984. the Directors of the tourist office, with recruitment for their own legal basis does not refer to section 3 above, are therefore not affected by the new provisions "(departmental Response published in OJ November 10, 2009.
To believe this ministerial response, the tourist office managers are recruited on a standalone basis what the Tourism Code, they can not benefit from the provisions of the General Staff of the Public Service and in particular the law of January 26, 1984 for the renewal of contracts in CDI.
On this point, it is true that the law of 26 January 1984 does not refer to the Code of Tourism and vice versa. Moreover, the case of openings in recruitment of non-contractual employees of Article 3 of that Act does not cover the post of director of the tourist office. It is in any case difficult to relate the position of director of the tourist office positions referred to in Article 3.
However, the non-renewal of these contracts CDI not he is a manifest disregard of the aforesaid Community provisions?
It is in this context that the member Jean-Louis Christ took the Foreign Minister of craft, trade and tourism a question about the nature of the employment contracts of directors tourist offices established in public institutions industrial and commercial:
"According to the network of tourist offices in France, this system provides a precarious situation and that these directors, especially the non-renewal is discretionary and not motivated. To bring our law into line with European law and to ensure fair treatment of those managers with colleagues associative structures, the network of tourist offices in France proposes a modification of code in tourism and changing the terms of Article R. 133-11 of the Code: "The contract is concluded for a period of three years, renewable for express renewal; at the end of a period of 6 years, the extended contract shall be compulsory as a contract of indefinite duration. "
He asked what steps the Government intends to take this proposal the network of tourist offices in France, regarding the employment contracts of directors tourist offices, constituted as EPIC "(Question No. 35614 published JOAN on August 6, 2013 and renewed page: 8295).
The courts have not decided this point, the ball of the fight against insecurity in the camp is full power!
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