Question 1012 — territorial civil service

Summary

Mr. Yves Jégo draws the attention of the Minister of Action and Public Accounts concerning the working time of agents in the employment frameworks of territorial professor of artistic education (article 2 of decree no. 91-857 of September 2, 1991) and territorial assistant of artistic education (article 3 of decree no. 2012-437 of March 29, 2012) including the statutes of the territorial public service set the amount of work respectively at 4 p.m. and 8 p.m. per week. The National Center for the Territorial Civil Service (CNFPT) has defined the main activities and conditions of exercise that can be carried out by employment executives of the territorial civil service, referenced in the “job sheet 03/D/31 - artistic teacher”. If cultural policies remain essential actions for maintaining the social cohesion, the personal development of each person and the promotion of social diversity, local authorities are increasingly confronted with problems enabling their implementation. Indeed, case law states that the deliberative body does not have the possibility of annualizing working time for teachers and artistic teaching assistants (CAA of Bordeaux, September 9, 2001, “Commune of Talence”; CE, July 13, 2006, no. 26692, "communes of Ludres c/Ms. Voindrich", question-answer no. 59409 of August 3, 2010 to the National Assembly), furthermore breaking the equality of treatment with the employment executives of other sectors of the territorial public service for which the annualization of working time is authorized. On the other hand, the statutes do not provide for any exemption for leave. Agents of teacher job executives and artistic teaching assistant remain attached to Decree No. 85-120 of November 26, 1985 relating to annual leave for civil servants. Nothing prevents communities from assigning agents of these employment frameworks to statutory missions during school holidays, so as to develop cultural activities (question-answer no. 5226 of March 17, 1994 from the Senate, question-answer no. 109865 of August 16, 2011 of the National Assembly, question and answer no. 4121 of January 24, 2013 from the Senate). Recent case law from the Nantes Administrative Court of Appeal dated July 21, 2017 (judgment number 17NT00464) states in its conclusions “that it follows from article 2 of the decree of September 2, 1991 that a specialized territorial assistant in artistic education recruited on the maximum weekly basis of 20 hours is not required to work 20 hours per week than during the periods, representing approximately 36 weeks, corresponding to school activity, even though his remuneration is paid over 12 months. However, no mention of 36 weeks of actual work is made in the article of the said decree, thus giving a discriminatory character to the calculation of the working time of agents in the cultural sector compared to other sectors of the territorial public service, at the time even where the Government and public institutions such as the Court of Auditors recommend to public employers demanding, rigorous and vigilant treatment of the working time of territorial agents. Several local authorities have initiated consultations with their agents in the cultural sector in order to set an annual work quota, which can be called "variable hours" like other employment frameworks, and making it possible to carry out exceptional public actions, recurring or not, in connection with the statutory missions of employment executives, requiring an activity spread over a school year such as participation in the music festival, the creation of a show... The calculation of this work quota is proposed as follows: 52 weeks - 36 weeks corresponding to school activity - 5 weeks of annual leave = 11 weeks x 16 hours of weekly teaching for the teaching teacher employment framework, i.e. 176 variable hours per year (220 variable hours per year for artistic teaching assistants calculated as follows: 11 weeks x 20 hours of weekly activities). The amount of variable hours varies depending on the working time of the agent concerned (full time or not full time). This concerted measure would make it possible to allocate a portion of effective and paid work that cannot be carried out during school holidays, to actions to promote and develop cultural practice in a territory. He would therefore like to know the Government's position on the methods of calculating and implementing the annual working time of territorial agents in the job frameworks of professor and artistic teaching assistant.

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