Question 11803 — judicial and legal professions

Summary

Mr. Thibaut Monnier draws the attention of the Minister of Labor and Solidarity to the current impossibility for judicial agents for the protection of adults practicing independently (MJIPM) to ensure a replacement in the event of temporary unavailability. In fact, the legislation in force does not provide for any system allowing these professionals, whose mandate is strictly personal, to be replaced during sick leave or maternity leave. This situation creates serious difficulties, particularly in emergency situations or to ensure continuity of monitoring of protected persons. It leads certain agents to actually give up any leave, or to continue to work despite a work stoppage, to the detriment of their health and the quality of support. Unlike tutelary associations, which can delegate a mandate to another member of the structure, the MJIPM practicing independently find themselves in a situation of legal isolation. The personal nature of their mandate, associated with the absence of a legal framework for replacement, creates professional and social insecurity incompatible with the nature of their missions, essential to the protection of the most vulnerable people. This situation amounts, in fact, to depriving these professionals of the exercise effectiveness of fundamental social rights, particularly in terms of leave, maternity and sickness, unless protected adults are exposed to the risk of a loss of care. He therefore wishes to know what measures the Government intends to take to establish a real temporary replacement system for MJIPMs practicing independently, making it possible to ensure the continuity of legal protection for adults while guaranteeing these professionals the full exercise of their social rights. He asks in particular if the Government plans to create a secure legal framework for replacement or pooling between agents and according to what timetable such a reform, which has become urgent in view of the needs, could be undertaken.

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