Question 15153 — associations and foundations

Summary

Ms. Pauline Cestrières draws the attention of the Minister of Labor and Solidarity to the conditions of application of the representation leave provided for in articles L. 3142-60 et seq. of the Labor Code, in the field of child protection. This system allows employees designated to sit in a body established by a legislative or regulatory provision with a State authority or a local authority of benefit from the time necessary to carry out this mission. It aims to reconcile associative commitment and the continuity of professional activity, with the aim of involving civil society in the development and evaluation of public policies. In the field of child protection, the associations mentioned in article L. 224-11 of the code of social action and families, representing the people welcomed or formerly received by child welfare, are called upon to sit on bodies established by law or regulation. Their participation contributes to improving the systems intended for the children and young people concerned, by providing user expertise from backgrounds directly linked to protection measures. However, in this sector, difficulties in applying representation leave have been reported. They relate in particular to divergent interpretations of the scope of the system, to uncertainties relating to the conditions for maintaining remuneration and to the organization of employee replacement, as well as to questions concerning the coverage of costs linked to representation. These situations can, in practice, restrict the exercise of a right recognized by law. In a context of strengthening guarantees procedural and institutional in favor of protected children, the effective implementation of mechanisms allowing associative representation appears decisive for the quality of public decision-making in matters of child protection. He therefore asks whether the Government intends to specify, where appropriate by regulation or circular, the conditions for articulation between the provisions of the labor code relating to representational leave and the missions entrusted to the associations mentioned in Article L. 224-11 of the Social Action and Families Code and whether it plans to evaluate the application of this right in this field in order to guarantee uniform implementation throughout the territory.

Machine translation from French. The official text remains authoritative.

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