Question 15837 — civil servants and public agents

Summary

Mr. Jérôme Legavre questions the Minister of National Education and Youth on obtaining the retroactive payment of the hardship compensation provided for by Decree No. 2015-1087 of August 28, 2015 amended by Decree No. 2022-1534 of December 8, 2022 which provides for a specific compensation scheme in favor of staff working in schools or establishments covered by the “Education Network” programs reinforced priority” and “Network priority education”. Decree No. 2022-1534 of December 8, 2022 included AESH and AED among the personnel covered by this compensation plan. The steps taken to assert this right should therefore be a simple formality. The request addressed to the competent authority should trigger the payment of compensation within a reasonable time frame. In fact, dozens or even hundreds of personnel encounter the greatest difficulties in achieving this. For example, an AESH from Clichy-sous-Bois in Seine-Saint-Denis was recruited on a fixed-term contract in the Créteil academy by the management of departmental national education services (DSDEN) of 93 on January 7, 2009. As of January 8, 2015, her contract was reclassified as a permanent contract. She has always worked in “Education Network reinforced priority”. This AESH thus meets the conditions to benefit from hardship compensation. Relying on the judgments of the Paris administrative court of December 14, 2022, no. 2103242 and the Montreuil administrative court of May 11, 2023, no. 2112376, which made it possible to regularize the applicants' situation, it therefore sent a request to the competent department before December 26, 2023, by registered letter with acknowledgment of receipt. receipt, so that the compensation is paid retroactively. After two months of waiting, she has not received a response from her administration, which amounts to an implicit decision to reject her request. Such a response is incomprehensible in view of the file of this AESH who will have no other choice than to refer the matter to the administrative court to assert its right. He questions her about the measures she intends to implement in order to facilitate obtaining retroactive payment of this hardship compensation to personnel meeting the conditions of the decree and who request it.

Machine translation from French. The official text remains authoritative.

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