One in two communities today works less than 1,607 hours per year, as revealed by a survey carried out by the SNDGCT in the summer of 2020. However, this legal working time period, which is binding on the private sector, is now the norm in the public service. The law on the transformation of the public service of 6 August 2019 (article 47) abolishes the agreements derogating from working time in the territorial public service (FPT): a measure applicable from this month of March 2021 for agents of the local block. In addition to the practical difficulties posed by this new rule – negotiation with representative trade unions, refusal by certain municipalities to apply it, etc. – a question arose: what deadline should be respected in order to take the deliberations relating to these new schedules? Legally, the communities had one year, from the renewal of their deliberative assemblies, to deliberate on this new organization of working time, under the conditions set out in Article 7-1 of Law No. 84-53 of January 26, 1984. But the health crisis led to the postponement of the electoral dates, to March 15 for the first round and to June 28 for the second round, and de facto postponed the entry into office of local elected officials. In response to a question from the National Federation of Management Centers, the General Directorate of Local Authorities (DGCL) specifies that the renewal to be taken into account is the general renewal, for the year 2020, of the municipal councils as a whole (and not that of each municipal council, taken individually). Either the date of proclamation of the results of the second round, that is to say June 28, 2020.
But the reality is a bit more complex. Because the municipal councils elected in full during the first round of municipal elections took office on May 18, 2020. For these municipalities, the starting point of the one-year period allowing the new work cycles to be defined is therefore established at 18 May 2020; it is set for June 28, 2020 for the other municipalities.
EPCIs follow the same rule. For those in which all of the member municipalities have had their municipal council fully provided following the first round, the one-year period began to run on May 18, 2020. For EPCIs in which at least one of the member municipalities needed a second round, it is June 28, 2020 that must be taken into account.
It now remains to concretely apply the new working time modalities. “The territorial universe will know, as it always has done and even more since the beginning of 2020, to transform the constraint into an opportunity, specifies Stéphane Pintre, national president of the SNDGCT. More than a purely regulatory approach, the implementation of these 1,607 hours or the grooming of their application promises to be a key moment in the start of a mandate to build or establish an organizational culture; a strong moment of social dialogue more necessary than ever ”. The organization of working time could even become a managerial lever and a factor of attractiveness and, in all cases, an instrument of quality of life at work. The SNDGCT published at the end of 2020 the memorandum ” Goal 1,607 », On which communities can rely to manage this important project.
Marie Gasnier
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Link the reflection to that on RIFSEEP Definition and organization of working time, management of absences, must be integrated into the internal regulations of the community. For arduous working conditions or rhythms, the local authority may exceptionally reduce the duration of working time, by granting ARTT but in no case by additional days of leave. A reflection should be carried out to link the criteria giving rise to the right to this exemption with the RIFSEEP . |
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