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44041
Question 44041 — teaching
Introduced
1 August 2022
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posée
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Source updated
1 August 2022
Summary
Mr. Florian Bachelier draws the attention of the Minister of National Education, Youth and Sports to the need to harmonize the position of the State and the OGEC in the event of part-time work stoppage of management staff of private establishments under contract. As part of an association contract with the State of a private educational establishment, the director, if he or she also exercises functions teaching, is remunerated by the OGEC, a management body in the form of an association under the 1901 law, for her position as director, with monthly remuneration paid by the OGEC. However, for health reasons, the teaching director can benefit from a therapeutic part-time work stoppage, whether he or she chooses to inform only the academy rectorate, so that only his or her status as a teacher, paid by the State, is concerned. But in the event that this staff has not informed the OGEC of this work stoppage, on the pretext that they are continuing their management mission, not being subject to either timetables or day packages, the question of liability may arise. Indeed, for the State, its employer, this staff is considered to be on part-time leave, for their teaching function, but not for the OGEC, a private employer. In these conditions, how can it be part-time if, despite the justification for his work stoppage, he is present full-time at school, while delegating certain tasks to a colleague, but not his responsibility? In the event that he had informed the OGEC of his part-time work stoppage, it would have been necessary to entrust the management function to another person, but the legitimate question of the possibility of transfer of executive responsibility would arise. In this case, the OGEC finds itself having to pay a full-time director with a half-time work stoppage invoked with the State, only, in respect of his teaching function. He therefore asks what measures should be taken to require directors of private schools under contract with the State to inform, in the event of part-time work stoppage, both the State and the OGEC, ensuring that the same position with both employers is established.
Machine translation from French. The official text remains authoritative.
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- Official source: https://www.assemblee-nationale.fr/dyn/15/questions/QANR5L15QE44041
- Open data entity: https://www.assemblee-nationale.fr/dyn/opendata/QANR5L15QE44041