Question 8443 — water and sanitation

Summary

Since April 1, 2018, the jobs of water agencies have come out of the derogation system provided for in article 3 2° of law 84-16 of January 11, 1984 establishing statutory provisions relating to the public service of the State, which allowed these establishments to recruit contractual agents on indefinite-term contracts, managed by the provisions of decree no. 2007-832 of May 11, 2007. In this context, some of the agents will be able, at least end of the reserved competitions provided for by Law No. 2012-347 of March 12, 2012 relating to access to permanent employment and the improvement of the conditions of employment of contract agents in the public service, integrate a body of civil servants. Contractual agents of water agencies have the possibility, for 3 years, to take a job reduction competition under the so-called Sauvadet system. However, those who wish can maintain their current status. They benefited from individualized support from their local human resources office and from simulations of the effects on their current and future salaries. In order to support the exit of water agencies from the exemption system, frequent meetings are held between the services of the Ministry of Ecological and Inclusive Transition, human resources department, management of water and biodiversity, and trade union organizations. The exit from the exemption regime for water agency staff is also one of the priority projects listed on the ministerial social agenda for the 2017-2019 period. To respond to the concerns of contract agents remaining employed regarding the quasi-status and conditions of employment in the event of mobility, it is specified that in the event of removal or transformation of employment for agents recruited for a permanent need, permanent contract (CDI) and fixed-term contract (CDD) when the end of the contract is after the date on which the request for reclassification was made, the water agency must seek a reclassification job, in application of article 45-5 of decree no. 86-83 of January 17, 1986 relating to the general provisions applicable to agents state contractual workers. Where applicable, the reclassification of contractual staff is carried out in a job in the same hierarchical category or, failing that, and subject to the express agreement of the agent, in a job in a lower hierarchical category, according to article 45-5-I of the aforementioned 1986 decree. Remuneration is guaranteed in both situations. Any solution will be sought to enable staff, whose employment evolves, to find another job either in their own agency, in another agency or in an establishment or service falling within the ministerial scope, or even interministerial if necessary. In application of this article 45-5, the scope of the reclassification obligation concerns the services falling under the recruitment authority of the agent, in this case the employing water agency. However, if no reclassification solution is available possible within the water agency having recruited the agent within a suitable time frame, the job offer will be systematically extended to services and operators in the ministerial sphere located within the perimeter of the agent's administrative residence. Indeed, the Ministry of Ecological and Inclusive Transition (MTES) wishes to best support water agencies which would be obliged to propose reclassification in order to offer a job corresponding to the level of skill and limit, as far as possible, geographical mobility. The regional directorates for the environment, planning and housing, as well as the interregional directorates in Île-de-France, as heads of governance zones, the regional platforms for interministerial support for human resources management (PFRH) and the resources directorate human resources of the MTES may also be requested to identify lists of vacant positions in the employment areas concerned. In this context, the MTES and the Ministry of Action and Public Accounts (MACP) recalled, by circular, the guarantees applicable to contractual agents of water agencies in the context of mobility. Applications from contract workers for non-derogatory jobs within the agency network must be examined in the same way as civil servants and without order of priority. In addition, the MTES has put in place support measures for the mobility of these agents within its services, whether during mobility leave, the agent is recruited on a fixed-term contract but maintains a link with their employer, or on a permanent contract, the agent retains the indefinite term commitment and the seniority acquired to assert certain rights to leave, but is subject to the conditions of employment of his new employer in the State civil service. Finally, as part of the consultation on the sharing of missions within water agencies, discussions will take place between the administration, at national level, and trade union organizations, in order to specify the guarantees granted to staff and the support compensation schemes that could be activated. in addition, voluntary departure compensation or bonuses linked to restructuring.

Machine translation from French. The official text remains authoritative.

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