Child protection
Published on: 01/29/2024 Last Updated: 01/29/2024 By: Gwénaël Bailliard
[TRIBUNE] Neither MECS nor host family, the living and reception areas are original structures, a little “off the beaten track”. The rules are different and allow greater flexibility to support young people. Gwénaël Bailliard, president of the FNLV (Federation of Places of Living and Hospitality) summarizes the many particularities of this little-known working environment.
« Is it normal for me to work 80 hours in a week? And they don’t pay me overtime?
I work nights and public holidays without receiving a pay increase, is this normal?
My employer asks me to do the cleaning and laundry even though I am a special education teacher, …is this normal? »
Well yes, it is within the standard for living and welcoming places and it is legal.
The incomprehension of employees who discover this particular universe:
It often happens that people, whether qualified or not, discover work in a living environment without having its particularities explained to them. This causes a large number of misunderstandings and some people come to complain about it, among other things, on social networks. Young graduates already have little knowledge of the work environment in general and collective agreements, so when it comes to LVA… it’s a disaster.
The fruit of a long history
As a reminder, Living and Reception Places are authorized structures, outside of calls for projects and departmental social organization plans and which very often work in child protection. Their activity can be between the host families with whom they share “living with” and the MECS for whom they have all the responsibilities. They are under the responsibility of a “Permanent manager” who can be assisted by employees. In short, after having operated without framework or control until 1983, they then existed on the margins, without real legal recognition. They were fully recognized with Law 2002-2 and specific legislation has since been created for them. They deviate from the labor code on certain points including that of the 35 hours.
LVAs do not depend on health, social and medico-social sector agreements, nor on collective agreements such as CCN 66, CCN 51 or that of the Red Cross. There is therefore no salary progression grid. This is the result of a negotiation with his employer.
Which allows “Living with” and permanence
To explain the matter, an employee in LVA has a Permanent status, either “Permanent responsible” or “Permanent assistant”, whether he or she is qualified or not. He can be Resident or Non-Resident. We come to simply speak of Permanent because the functions of Manager or Assistant do not influence the framework of the LVA’s work.
- The Permanent Representative is considered a Resident when he regularly stays on the site for 72 consecutive hours. He benefits from a day pass of maximum 258 days per year. Each day, regardless of the number of hours worked, counts as one day.
- The Permanent is considered a Non-Resident if he does not complete 72 consecutive hours in a cycle, he must then, “for the sole purposes of calculating the maximum working times and rest times provided for in L316-1 of the CASF”, s ensure that he does not work more than 48 hours per week on average smoothed over a period of four consecutive months. The hours being smoothed, this type of contract does not allow the payment of overtime.
Apart from counting attendance time, all other points of the working framework fall under the general regime.
Another form of welcome
Said like that, it’s surprising! But this is what allows us to obtain the means to “live with” and permanence. I recently heard the testimony of a young person who said: “ If you need someone at 4 a.m., it will necessarily be the permanent staff in charge who will manage it because they have no choice. » Translation, you can count on them.
The employee, the Permanent assistant must understand and accept these different rules if he wants to flourish in this job. The effects of this permanence are measured in the construction of a relationship that can be translated as “counting for” and “counting on” the permanent. They would not be possible to obtain them with the rules of the CCN66. LVAs can go on vacation (transfers) for more than a week, without breaking the law. They can cook with young people without being subject to protocol, have animals and many other things… So yes, the permanent employee can do the cleaning as well as the dishes and everything related to daily life. He can also invite his friends over for dinner while he works. The Melchiorre report cited several examples of young people in LVA who testify to the impression they have of having a normal life there: they can invite friends without submitting a project.
This particular context has been summarized for you but deserves more development. This is why we invite you to contact us if necessary.
>>> To find out more: the FNLV website
2024-01-29 21:46:14
#LVAs #working #framework #serving #ethic #Tribune
