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Right to organize in the public service
Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Corresponds to all days of the week except the weekly day of rest (usually Sunday) and public holidays usually not worked in the company
Objective and specific reasons, linked to the continuity of the operation of the service, which may justify the refusal by the administration of a right or benefit to a public official (part-time work, leave, etc.)
The right to organize allows public officials to benefit from trade union information and to exercise trade union activity over their working time.
What applies to you ?
State civil service
The right to organize is guaranteed to every public official.
Officers are free to form a union. Each staff member may freely join and exercise mandates.
No distinction, direct or indirect, may be made between staff members on account of their trade union opinions.
No mention of union opinions or activities may be made in an officer's file or in any other administrative document.
Skills acquired in the exercise of trade union activity shall be taken into account for the acquired professional experience.
Where a building has at least 50 staff members, representative trade unions with a trade union section shall have at least one common room. If possible, the administration shall provide each trade union organization with a separate premises.
Separate premises must be allocated where the number of staff exceeds 500. However, trade unions affiliated to the same federation or confederation shall have a common premises.
FYI
the trade unions considered to be representative are those with at least 1 seat on the social committee for the service concerned or on the ministerial social committee.
The premises contain the necessary equipment for trade union activities. In particular: furniture, telephone line, computer station, internet connection, access to printing facilities and a photocopier, mailbox.
Display, broadcast electronically
Signs reserved for union signage are settled in premises that are easily accessible to staff, but not normally accessible to the public.
Trade unions may also use the intranet and have their own e-mail address to distribute trade union leaflets under the conditions laid down by the administration.
Distribution of leaflets
Union leaflets may be distributed to staff in the administrative premises, outside the premises open to the public.
These distributions must not disrupt the proper functioning of the service.
When it takes place during working hours, leaflets may be distributed only by staff members who are not on duty or who have been discharged from duty.
Briefings
Representative Union
Monthly briefing
The representative trade union organizations may hold monthly information meetings during working hours.
Each staff member shall have the right to attend one of these meetings, up to a maximum of one hour per month.
Trade unions can group their hours by quarter.
The agent must inform his hierarchy of this participation.
Statutory and information meetings
A representative trade union may hold meetings provided for in its statutes and information meetings inside administrative buildings outside or during working hours.
Where meetings are held during working hours, only staff members who are not on duty or who have special leave may attend.
Special briefing
A representative trade union contesting the election of staff representatives to the HEADING: titleContent, to CCP: titleContent or the Social Committee may organize a special information meeting during the six weeks preceding the vote.
Each staff member may participate in a special information meeting within one hour.
FYI
the trade unions considered to be representative are those with at least 1 seat on the social committee for the service concerned or on the ministerial social committee.
Other trade union
Statutory and information meetings
A trade union may hold meetings provided for in its statutes and information meetings inside administrative buildings outside or during working hours.
Where meetings are held during working hours, only staff members who are not on duty or who have special leave may attend.
Special briefing
Any trade union which is a candidate for the election of staff representatives to the HEADING: titleContent, to CCP: titleContent or the Social Committee may organize a special information meeting during the six weeks preceding the vote.
Each staff member may participate in a special information meeting within one hour.
A public official (official or contract staff) may be granted paid leave to attend training organized by an organization on a list fixed by ministerial order.
The duration of the leave is fixed at 12 working days maximum per year. In services and establishments subject to the rhythm of the school year, the reference year is the school year.
The number of staff who can obtain leave is limited in each head office, each foreign service dependent on it, each public establishment of the State.
This number shall be determined on the basis of the number of votes obtained by the trade unions responsible for the formations in the last election of the staff representatives of the HEADING: titleContent, within the limit of 5% of the actual number.
The request for leave must be made in writing to the head of department at least 1 month in advance. If no response is received at least 15 days before the start of the training period, the leave shall be considered as accepted.
Leave shall be granted subject to service requirements. Reasons must be given for any refusal and the reasons must be communicated to the HEADING: titleContent at its next meeting.
On his return from training, the staff member shall provide his head of department with a certificate of attendance issued by the training organization.
Congresses or meetings of management bodies
Special leave of absence shall be granted to representatives of trade union organizations authorized to attend congresses or meetings of the management bodies of which they are members.
Such special leave authorizations shall be granted, subject to service requirements, on presentation of the notice of meeting.
The maximum number of days of leave that can be granted depends on whether or not the union is represented on the Joint Council of the Public Service.
Relevant trade union organizations | Number of days of absence authorizations per agent per year |
|---|---|
- Unions, federations or confederations of trade unions not shown to the Joint Civil Service Council - National and local trade unions and unions affiliated to them | 10 days |
- Union international and unions, federations or confederations represented on the Joint Civil Service Council - National and local trade unions and unions affiliated to them | 20 days |
The 2 limits of 10 and 20 days per year cannot be combined with each other. Any time-lags along the way are added to these ceilings.
Reasons must be given for any refusal to grant leave.
Leave of absence is also granted to trade union representatives authorized to attend congresses or meetings of management bodies of another level (trade union sections) of which they are members. Such leave authorizations shall be deducted from the union time credit quota.
National working meetings or negotiations
Leave of absence is compulsory for trade union representatives who participate in working meetings convened by the administration or national negotiations.
The duration of the leave of absence shall include journey times, the expected duration of the meeting and a time equal to that duration for the preparation and reporting of the work.
Other bodies
Leave of absence is compulsory for trade union representatives, members and alternates, and for experts, who are called upon to sit on other bodies.
Leave of absence shall be granted on presentation of the meeting notice or the document informing about the meeting.
These instances are:
- Joint Civil Service Council and Supreme State Civil Service Council
- Social committees, HEADING: titleContent, CCP: titleContent
- Regional Economic and Social Committees
- Interministerial Committee for Social Action, Regional Interministerial Sections and Ministerial Commissions for Social Action
- Boards of directors of social or mutual organizations, including pension organizations
- Public bodies responsible for promoting diversity in the public service
- Boards of Directors of Hospitals and Educational Institutions
In each ministerial department, meetings of certain consultation bodies fixed by ministerial decree may also give rise to authorizations of absence.
The duration of the leave of absence shall include journey times, the expected duration of the meeting and a time equal to that duration for the preparation and reporting of the work.
Trade unions benefit from a trade union time credit that includes an hours quota and a service activity discharge quota.
The hours quota allows union representatives to benefit of absence authorizations to participate in congresses or meetings of the management bodies at a level other than that which gives entitlement to special leave of absence within 10 or 20 days.
The service activity discharge quota permits trade union representatives to work full-time or part-time, during their hours of service, a trade union activity instead of their administrative activity.
This union time credit shall be determined in each ministry after each election of the staff representatives to the administrative social committee. It shall be renewed each year until the following elections, unless the scope of the ministerial department changes by more than 20% manpower.
The union time credit of each ministry shall be calculated on the basis of the number of staff registered on the electoral roll for election to the social administrative committee according to the following scale:
- 1 FTE per 230 staff up to 140 000
- 1 full-time equivalent per 650 staff, over 140 000
Half of the union time credit is allocated among the unions represented on the social administrative committee according to the number of seats they obtained in the elections.
The other half shall be distributed among all the trade unions which have submitted their candidacy for election to the Administrative Social Committee in proportion to the number of votes obtained.
The trade union shall freely designate among its representatives the beneficiaries of trade union time credits.
Leave of absence shall be granted subject to service requirements.
In the case of discharges of service activities, if the appointment of an agent is incompatible with the proper functioning of the service, the administration shall give reasons for its refusal and shall invite the trade union organization to choose another agent. The HEADING: titleContent or the CCP: titleContent shall be informed of such decision.
FYI
each trade union represented on the Supreme Council of the State Civil Service is also entitled to a number of service discharges fixed by ministerial decree according to the number of seats it has on that council.
A permanent official may be detached to a trade union to exercise a trade union mandate.
Territorial civil service
The right to organize is guaranteed to every public official.
Officers are free to form a union. Each staff member may freely join and exercise mandates.
No distinction, direct or indirect, may be made between staff members on account of their trade union opinions.
No mention of union opinions or activities may be made in an officer's file or in any other administrative document.
Skills acquired in the exercise of trade union activity shall be taken into account for the acquired professional experience.
Where a local authority has at least 50 employees, the territorial authority must provide representative trade unions with a trade union section with a common premises. If it can, it shall make a separate premises available to each organization.
Separate premises must be allocated where the number of staff exceeds 500.
FYI
trade unions are considered to be representative if they are represented on the technical committee (the territorial social committee from 2022) or on the Higher Council of the Territorial Civil Service.
The premises contain the necessary equipment for trade union activities. In particular: furniture, telephone line, computer station, internet connection, access to printing facilities and a photocopier, mailbox.
Display, broadcast electronically
Signs reserved for union signage are settled in premises that are easily accessible to staff, but not normally accessible to the public.
Trade unions may also use the intranet and have their own e-mail address to distribute trade union leaflets under the conditions laid down by the administration.
Distribution of leaflets
Union leaflets may be distributed to staff in the administrative premises, outside the premises open to the public.
These distributions must not disrupt the proper functioning of the service.
When it takes place during working hours, leaflets may be distributed only by staff members who are not on duty or who have been discharged from duty.
Briefings
Representative Union
Monthly briefing
Trade union organizations may hold monthly information meetings during working hours.
Each staff member shall have the right to attend one of these meetings, up to a maximum of one hour per month.
Trade unions can group their hours by quarter.
The staff member must inform his hierarchy of this participation at least 3 days in advance.
Statutory or information meetings
A trade union may hold meetings provided for in its statutes and information meetings inside administrative buildings outside or during working hours.
Where it is not possible to hold meetings inside the administrative buildings, they may take place in external premises made available.
Where meetings are held during working hours, only staff members who are not on duty or who have special leave may attend.
Special briefing
A trade union contesting the election of staff representatives to the HEADING: titleContent, to CCP: titleContent or the Social Committee may organize a special information meeting during the six weeks preceding the vote.
Each staff member may attend a special information meeting within one hour provided that they request it at least 3 days in advance.
FYI
trade unions are considered to be representative if they are represented on the technical committee (the territorial social committee from 2022) or on the Higher Council of the Territorial Civil Service.
Other trade union
Statutory or information meetings
Any trade union may hold meetings provided for in its statutes and information meetings inside administrative buildings outside or during working hours.
Where it is not possible to hold meetings inside the administrative buildings, they may take place in external premises made available.
Where meetings are held during working hours, only staff members who are not on duty or who have special leave may attend.
Special briefing
Any trade union which is a candidate for the election of staff representatives to the HEADING: titleContent, to CCP: titleContent or the Social Committee may organize a special information meeting during the six weeks preceding the vote. Each staff member may attend a special information meeting within one hour provided that they request it at least 3 days in advance.
A public official (official or contract staff) may be granted paid leave to attend training organized by an organization on a list fixed by ministerial order.
The duration of this leave is fixed at 12 working days maximum per year.
In communities or establishments employing at least 100 staff members, the number of staff members who may be granted leave in a given year shall be limited to 5% of the actual number.
The request for leave must be made in writing to the territorial authority at least 1 month before the start of the training period. If no response is received at least 15 days before the start of the training period, the leave shall be considered accepted.
Leave shall be granted subject to service requirements. Any refusal decision must be communicated to the HEADING: titleContent at its next meeting.
On his return from training, the staff member shall provide the territorial authority with a certificate of attendance issued by the training organization.
Congresses or meetings of management bodies
Special leave of absence shall be granted to representatives of trade union organizations authorized to attend congresses or meetings of the management bodies of which they are members.
Such special leave authorizations shall be granted, subject to service requirements, on presentation of the notice of meeting.
Requests for leave of absence must be made at least 3 days before the meeting.
The maximum number of days of leave that can be granted depends on whether or not the union is represented on the Joint Council of the Public Service.
Relevant trade union organizations | Number of days of absence authorizations per agent per year |
|---|---|
- Unions, federations or confederations of trade unions not shown to the Joint Civil Service Council - National and local trade unions and unions affiliated to them | 10 days |
- Union international and unions, federations or confederations represented on the Joint Civil Service Council ai - National and local trade unions and unions affiliated to them | 20 days |
The 2 limits of 10 and 20 days per year cannot be combined with each other. Any time-lags along the way are added to these ceilings.
Reasons must be given for any refusal to grant leave.
Leave of absence is also granted to trade union representatives authorized to attend congresses or meetings of management bodies of another level (trade union sections) of which they are members. Such leave authorizations shall be deducted from the union time credit quota.
National working meetings or negotiations
Leave of absence is compulsory for trade union representatives who participate in working meetings convened by the administration or national negotiations.
The duration of the leave of absence shall include journey times, the expected duration of the meeting and a time equal to that duration for the preparation and reporting of the work.
Other bodies
Leave of absence is compulsory for trade union representatives, members and alternates, and for experts, who are called upon to sit on other bodies.
Leave of absence shall be granted on presentation of the meeting notice or the document informing about the meeting.
These instances are:
- Joint Civil Service Council and Higher Council of Territorial Civil Service
- CNFPT: titleContent
- Social committees, HEADING: titleContent and CCP: titleContent
- Reform Commissions
- Economic, social and environmental council or regional economic, social and environmental councils
- National Fire and Rescue Conference
- Municipal Police Advisory Commission
- Boards of Directors of Pension Organizations
- Boards of directors of social security institutions and mutual societies
- Any other national or local authority for which the presence of representatives of the staff of the territorial civil service is required by law or decree
The duration of the leave of absence shall include journey times, the expected duration of the meeting and a time equal to that duration for the preparation and reporting of the work.
Trade unions benefit from a trade union time credit that includes an hours quota and a service activity discharge quota.
The hours quota allows union representatives to benefit of absence authorizations to participate in congresses or meetings of the management bodies at a level other than that which gives entitlement to special leave of absence within 10 or 20 days.
The service activity discharge quota permits trade union representatives to work full-time or part-time, during their hours of service, a trade union activity instead of their administrative activity.
This union time credit shall be determined in each community after each election of staff representatives to the territorial social committee. It shall be renewed each year until the following elections, unless the scope of the Territorial Social Committee is changed or there is an increase of more than 20% manpower.
The number of hours of discharge of service activities depends on the number of staff registered on the list of electors of the Territorial Social Committee:
Number of voters | Number of service activity offload hours per month |
|---|---|
Less than 100 | Equal to the number of voters |
100 to 200 | 100 |
201 to 400 | 130 |
401 to 600 | 170 |
601 to 800 | 210 |
801 to 1,000 | 250 |
1,001 to 1,250 | 300 |
1 251 to 1 500 | 350 |
1,501 to 1,750 | 400 |
1 751 to 2 000 | 450 |
2 001 to 3 000 | 550 |
3 001 to 4 000 | 650 |
4 001 to 5 000 | 1,000 |
5 001 to 10 000 | 1,500 |
10 001 to 17 000 | 1,700 |
17 001 to 25 000 | 1,800 |
25 001 to 50 000 | 2,000 |
Over 50 000 | 2,500 |
The quota of leave authorizations shall be calculated at the rate of one hour of leave authorization per 1 000 hours of work completed by the staff members on the list of electors of the Territorial Social Committee.
Half of the union time credit shall be allocated among the trade unions represented on the territorial social committee on the basis of the number of seats they have obtained in the elections.
The other half shall be distributed among all the trade unions which have submitted their candidacy for election to the Territorial Social Committee in proportion to the number of votes obtained.
The union designates the beneficiaries of this union time credit among its representatives active in the community or establishment.
Leave of absence shall be granted subject to service requirements.
With regard to discharges of service activities, if the appointment of a staff member is incompatible with the proper functioning of the service, the territorial authority shall give reasons for its refusal and shall invite the trade union organization to choose another staff member.
Please note
By agreement, the management center and one or more non-obligatorily affiliated bodies or establishments may, at the request of the trade union organizations, pool the trade union time credits that they have not used during the year. The remainder is used in the signatory communities or institutions the following year.
A permanent official may be detached to a trade union to exercise a trade union mandate.
It can also be made available a representative trade union.
It may not be made available less than half-time.
Hospital civil service
The right to organize is guaranteed to every public official.
Officers are free to form a union. Each staff member may freely join and exercise mandates.
No distinction, direct or indirect, may be made between staff members on account of their trade union opinions.
No mention of union opinions or activities may be made in an officer's file or in any other administrative document.
Skills acquired in the exercise of trade union activity shall be taken into account for the acquired professional experience.
An establishment of at least 50 staff members must provide a common room for the following trade unions which so request:
- Trade unions with a trade union section in the establishment
- Representative unions in the institution or represented on the Higher Council of the Hospital Public Service (CSFPH)
An establishment of at least 200 employees must allocate a separate premises to the following trade unions:
- Unions represented at the CSFPH
- Representative trade unions in the establishment
An establishment of less than 50 employees may also make a common room available to trade unions having a trade union section in the establishment.
The premises include equipment essential to the exercise of trade union activity (furniture, telephone line, computer station, connection to the Internet, access to printing facilities and a photocopier, mailbox, etc.).
FYI
the trade unions considered to be representative in the establishment are those with at least 1 seat on the technical establishment committee.
Display, broadcast electronically
Signs reserved for union signage are settled in premises that are easily accessible to staff, but not normally accessible to the public.
Trade unions may also use the intranet and have their own e-mail address to distribute trade union leaflets under the conditions laid down by the administration.
Distribution of leaflets
Union leaflets may be distributed to staff in the administrative premises, outside the premises open to the public.
These distributions must not disrupt the proper functioning of the service.
When it takes place during working hours, leaflets may be distributed only by staff members who are not on duty or who have been discharged from duty.
Briefings
Union represented at the FHSC or representative in the establishment
Monthly briefing
Trade union organizations may hold monthly information meetings during working hours.
Each staff member shall have the right to attend one of these meetings, up to a maximum of one hour per month.
Trade unions can group their hours by quarter.
The agent must inform his hierarchy of this participation.
Statutory or information meetings
A trade union may hold meetings provided for in its statutes and information meetings inside administrative buildings outside or during working hours.
Where it is not possible to hold meetings inside the administrative buildings, they may take place in external premises made available.
Where meetings are held during working hours, only staff members who are not on duty or who have special leave may attend.
Special briefing
A trade union contesting the election of staff representatives to the HEADING: titleContent, to CCP: titleContent or the Social Committee may organize a special information meeting during the six weeks preceding the vote.
Each agent can participate in a special information meeting within one hour.
FYI
the trade unions considered to be representative in the establishment are those with at least 1 seat on the technical establishment committee.
Other trade union
Statutory or information meetings
Any trade union may hold meetings provided for in its statutes and information meetings inside administrative buildings outside or during working hours.
Where it is not possible to hold meetings inside the administrative buildings, they may take place in external premises made available.
Where meetings are held during working hours, only staff members who are not on duty or who have special leave may attend.
Special briefing
Any trade union which is a candidate for the election of staff representatives to the HEADING: titleContent, to CCP: titleContent or the Social Committee may organize a special information meeting during the six weeks preceding the vote.
Each agent can participate in a special information meeting within one hour.
A public official (official or contract staff) may be granted paid leave to attend training organized by an organization on a list fixed by ministerial order.
The duration of this leave is fixed at 12 working days maximum per year.
In each institution, there is a limit on the number of staff members who can be granted leave in the same year.
This number shall be determined, within the limit of 5% the actual number of staff, on the basis of the average number of votes obtained by the trade unions responsible for the formations in the establishment, at the time of the elections, of the staff representatives in the HEADING: titleContent departmental.
Where the establishment has fewer than 20 staff members, the number of days of leave shared by the trade unions shall not exceed 5% the number of staff multiplied by 12.
The request for leave must be made in writing to the director of the institution at least 1 month before the start of the internship. If no response is received at least 15 days before the start of the training period, the leave shall be considered accepted.
Leave shall be granted subject to service requirements. Reasons must be given for any refusal and the reasons must be communicated to the HEADING: titleContent at its next meeting.
On his return from training, the staff member shall provide the director of the establishment with a certificate of attendance issued by the training organization.
Congresses or meetings of management bodies
Special leave of absence shall be granted to representatives of trade union organizations authorized to attend congresses or meetings of the management bodies of which they are members.
Such special leave authorizations shall be granted, subject to service requirements, on presentation of the notice of meeting.
Requests for leave of absence must be made at least 3 days before the meeting.
The maximum number of days of leave that can be granted depends on whether or not the union is represented on the Joint Council of the Public Service.
Relevant trade union organizations | Number of days of absence authorizations per agent per year |
|---|---|
- Unions, federations or confederations of trade unions not shown to the Joint Civil Service Council - National and local trade unions and unions affiliated to them | 10 days |
- Union international and unions, federations or confederations represented on the Joint Civil Service Council ai - National and local trade unions and unions affiliated to them | 20 days |
The 2 limits of 10 and 20 days per year cannot be combined with each other. Any time-lags along the way are added to these ceilings.
Reasons must be given for any refusal to grant leave.
Leave of absence is also granted to trade union representatives authorized to attend congresses or meetings of management bodies of another level (trade union sections) of which they are members. Such leave authorizations shall be deducted from the union time credit quota.
National working meetings or negotiations
Leave of absence is compulsory for trade union representatives who participate in working meetings convened by the administration or national negotiations.
The duration of the leave of absence shall include journey times, the expected duration of the meeting and a time equal to that duration for the preparation and reporting of the work.
Other bodies
Special leave of absence shall be granted to trade union representatives, members and alternates, and to experts, who may sit on other bodies.
Leave of absence shall be granted on presentation of the meeting notice or the document informing about the meeting.
These instances are:
- Joint Civil Service Council and Hospital High Civil Service Council
- National Advisory Committees
- Social Committees
- HEADING: titleContent
- Departmental commissions for the reform of local government officials
- Establishment Medical Commissions
- National Center for the Management of Hospital Practitioners and Management Staff of the Hospital Public Service
- National and Local Committees of the Fund for the Integration of Persons with Disabilities into the Public Service
- Boards of directors of pension organizations, social security organizations and mutual societies
- Economic, Social and Environmental Council and Regional Economic, Social and Environmental Councils
- National Agency for Continuing Professional Development
The duration of the leave of absence shall include journey times, the expected duration of the meeting and a time equal to that duration for the preparation and reporting of the work.
Trade unions benefit from a trade union time credit that includes an hours quota and a service activity discharge quota.
The hours quota allows union representatives to benefit of absence authorizations to participate in congresses or meetings of the management bodies at a level other than that which gives entitlement to special leave of absence within 10 or 20 days.
The service activity discharge quota permits trade union representatives to work full-time or part-time, during their hours of service, a trade union activity instead of their administrative activity.
This union time credit shall be determined in each establishment after each election of the staff representatives to the social committee of establishment. It shall be renewed annually until the following elections.
The union time credit of each establishment comprises 2 separate volumes of hours:
- 1 volume of hours calculated at the rate of one hour per 1 000 hours worked by the agents registered on the list of electors of the social settlement committee
- and 1 volume of hours which depends on the number of staff on the list of electors of the Social Settlement Committee.
The second volume of hours shall be determined according to the following scale:
Number of agents | Number of hours per month |
|---|---|
Less than 100 | Equal to the number of staff holding full-time permanent employment |
100 to 200 | 100 |
201 to 400 | 130 |
401 to 600 | 170 |
601 to 800 | 210 |
801 to 1,000 | 250 |
1,001 to 1,250 | 300 |
1 251 to 1 500 | 350 |
1,501 to 1,750 | 400 |
1 751 to 2 000 | 450 |
2 001 to 3 000 | 550 |
3 001 to 4 000 | 650 |
4 001 to 5 000 | 1,000 |
5 001 to 6 000 | 1,500 |
Over 6 000 | 100 hours overtime for 1,000 additional staff |
Half of the union time credit is allocated among the unions represented on the Social Settlement Committee according to the number of seats they obtained in the elections.
The other half shall be distributed among all the trade unions which have submitted their candidacy for election to the social committee of establishment in proportion to the number of votes obtained.
The trade union time credit shall be used, at the choice of the trade union, in the form of discharges of service activity or in the form of hour credits.
The trade union shall designate the beneficiaries of the trade union time credits among its representatives active in the establishment. They shall forward the list of names to the school director. This list shall specify the amounts of trade union time credit distributed in the form of discharges of service activity and in the form of hours credits.
If the appointment of a member of staff is incompatible with the proper functioning of the service, the head of establishment shall invite the trade union organization, after consulting the HEADING: titleContent, to choose another agent.
A permanent official may be detached to a trade union to exercise a trade union mandate.
It may also be totally or partially made available a trade union to exercise a trade union mandate at national level.
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