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BOOK I: ORGANISATION OF THE DEPARTMENT

Article R3121-1 of the French General Code of Local Authorities

In the case provided for in Article L. 3121-4, the compulsory resignation of members of departmental councils is pronounced by the administrative court. The president of the departmental council, after refusal established under the conditions provided for in article L. 3121-4, shall refer the matter to the administrative tribunal within a period of one month, on pain of forfeiture. Failing to reach a decision within the time limit set in…

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Article R3121-2 of the French General Code of Local Authorities

The special report on the activity of the State services in the department also includes an assessment of the action of the State’s public establishments that contribute to it. This report focuses in particular on actions to simplify the action of the State’s devolved services and on the modernisation of their organisation in consideration of local specificities and with a concern for the quality of service provided to users.

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Article R3123-1 of the French General Code of Local Authorities

In order to benefit from the time required to attend and participate in the sittings and meetings referred to in article L. 3123-1, an elected member of a departmental council who is an employee shall inform his employer in writing as soon as he is aware of the date and duration of the planned absence(s).

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Article R3123-2 of the French General Code of Local Authorities

In order to benefit from the credit for hours provided for in article L. 3123-2, an elected member of a departmental council who is an employee shall inform his employer in writing at least three days before his absence, specifying the date and duration of the planned absence as well as the duration of the time credit to which he is still entitled in respect of the current quarter.

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Article R3123-3 of the French General Code of Local Authorities

The provisions of articles R. 3123-1 and R. 3123-2 are applicable, where they do not benefit from more favourable provisions, to civil servants governed by Titles I to IV of the General Civil Service Regulations and to contractual employees of the State, local authorities and their public administrative establishments who hold elective public office.

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Article R3123-5 of the French General Code of Local Authorities

Given the requirements of the public education service, the weekly service of staff belonging to teaching bodies or job categories who benefit from a credit of hours in accordance with article L. 3123-2 is subject to adjustment at the beginning of the school year. The duration of the hours credited is divided between the service time spent in the presence of pupils for which they are statutorily responsible and the…

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Article R3123-6 of the French General Code of Local Authorities

In the case of part-time work, the credit of hours is reduced in proportion to the ratio between the working hours set out in the employment contract of the employee concerned, in accordance with the provisions of article L. 3123-6 of the French Labour Code, and the legal weekly working time defined in article R. 3123-7 of this code. In the case of a civil servant governed by titles II,…

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Article R3123-7 of the French General Code of Local Authorities

To set the maximum time of absence to which elected representatives who have the status of employees are entitled pursuant to article L. 3123-3, the legal working time for a calendar year is assessed on the basis of the legal weekly working time set by article L. 3121-27 of the Labour Code (1), deducting five weeks’ paid holiday as well as public holidays. However, when there is a derogation from…

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