Staff regulations for NUCLEAR ENERGY
INDUSTRIES, uranium mines, and nuclear
Staff regulations for nuclear energy industries, URANIUM MINES, and nuclear energy research organisations
TITLE 1 – Preamble
Recognising that rigour of operation and the quality of relations at work constitute two of the essential aspects making it possible to ensure the safety of nuclear facilities and confirming that nuclear safety is guaranteed thanks to human individuals and not in spite of them, the stakeholders in the peaceful exploitation of nuclear energy have decided by common agreement to establish a collective agreement defining the status of the employees of the nuclear energy industries, their rights and their obligations, applicable to all the member-countries of the International Atomic Energy Agency.
The present statute governs the relationships between the businesses, the research bodies, the mining operations, and the facilities handling the by-products of the nuclear fuel cycle and the end of that cycle, involved in nuclear energy and their salaried personnel.
The signatories undertake to comply with the spirit of the « Atoms for Peace » address delivered to the 470th Plenary Meeting of the United Nations by Dwight Eisenhower, President of the United States of America, on 8th December 1953;
The signatory parties undertake to deploy all the measures necessary for the purpose of having their members apply the present statute.
TITLE 2 - Area of application – Duration – Revision – Monitoring committee
Article 2-1 — Area of application
The present statute applies to all the personnel (labourers, employees, supervisors, administrative and technical managers, engineers, researchers, senior managers and executives) in activity or retired, the businesses, mining operations, facilities handling the by-products of the nuclear fuel cycle and the end of that cycle and bodies involved in fundamental or applied research, whose purpose is the peaceful use of nuclear energy.
The enterprise undertakes not to take into consideration the fact of membership or non-membership of a trade union, not to take account of sex, political or philosophical opinions, religious beliefs, social or racial origins or family situation, to determine decisions concerning enlistment, the running or the distribution of work, disciplinary, redundancy or promotion measures, and the attribution of premiums. Employees with equal professional capacities will not suffer prejudice due to handicap.
A copy of this statue will be handed to every statutory servant from the moment of his or her admission into the afore-mentioned personnel.
Article 2-2 — Duration
The present statute is agreed with no limitation on its duration, dating from the moment it comes into force.
Article 2-3 —Revision
All the signatory parties to the present statute can at any moment make a request for the revision of certain provisions of the statue, by registered letter with acknowledgement of receipt, with a view to the agreeing of amendments, notably for the adaptation of the text to new international regulatory arrangements.
Five copies of present statute will be registered with the International Atomic Energy Agency (I.A.E.A.) in Vienna (Austria), the World Health Organisation (W.H.O.) in Geneva (Switzerland), the International Labour Organisation (I.L.O.) in Geneva (Switzerland), the United Nations Scientific Committee on the Effects of Atomic Radiation in Vienna (Austria) and with the World Council of Nuclear Workers (WONUC) in Paris (France).
Furthermore, three copies will be registered with the Offices of the Clerk of the Regional Court of First Instance of the Republic and Canton of Geneva (Greffe du Tribunal d’Instance de la République et Canton de Genève) (Switzerland).
Article 2-5 – Monitoring committee
A statute monitoring committee will be established. It will be composed of two representatives from each of the signatory parties. It will be chaired by a representative of the International Atomic Energy Agency.
It will meet at least once per year in the headquarters of the International Atomic Energy Agency at the request of the Chairman or of two of the signatory parties.
Article 2-6 – Litigation
Litigation between the parties that cannot be resolved by negotiation will be subjected to the appropriate legal courts of the Republic and Canton of Geneva (Switzerland) which have sole jurisdiction and rule in the first resort.
THE RIGHT TO ORGANISE
chapter 3.1 - PREAMBLE
Article 3.1.1. Preliminary declaration
Trade union activity and the representation of personnel are inherent in the life of an enterprise. The exercise of representation mandates is carried out freely, in compliance with the fundamental rights of the employees to whom this responsibility is entrusted.
Article 3.1.2. Representative character
By union organisation representative of the employees of the nuclear energy industries, we mean the trade union organisations affiliated to one of the signatory parties, a majority of whose members are employees of the nuclear energy industries.
Any employee present for over one year in the enterprise may claim the right to exercise a union mandate or mandate as an elected representative of the personnel.
Employees are free to join any legally established union organisation, as they prefer.
Article 3.1.3. – Representation of the personnel
The personnel is represented by:
CHAPTER 3.2 – UNION REPRESENTATION
Article 3.2.1. Senior Union Steward and Establishment Union Steward
Each union organisation, representative according to the terms of Article 3.1.2, will be able to designate a senior union steward, an employee of the Enterprise, authorised to represent the union organisation in dealings with the General Management.
Each union organisation, representative according to the terms of Article 3.1.2, will be able to designate an Establishment union steward, an employee of the establishment, in each establishment of the enterprise. This person in the trade union organisation’s spokesperson in dealings with the local management of the enterprise.
The senior and establishment union stewards exercise their functions full time. They benefit from the maintenance of their remuneration for the duration of their mandate.
A protocol is established between the union organisations, representative according to the terms of Article 3.1.2, for the purpose of governing the particular management modalities applicable to union stewards.
At the end of the exercise of their functions, the union stewards return to their former position of employment or, failing that, an analogous position, preferably in the establishment from which they came.
The representatives of the union organisations are necessarily the employees of the Enterprise.
Article 3.2.2. Resources
Resources (premises, equipment) are provided for local trade union groups under conditions to be determined at the level of each establishment.
Article 3.2.3. Paid day-release
Each union steward has at his or her disposal the time necessary for the exercise of his of her functions according to modalities that will be determined with regard to the size of the establishment where the union steward is called upon to exercise his or her responsibilities. This time is paid as working time.
In the performance of their duties and in accordance with the legal conditions and eventual obligations of confidentiality, union stewards can move freely around their establishment on the condition that they observe the rules relative to safety and the protection of secrecy of information relative to strategic national interests.
With regard to the application of insurance policies, the union stewards travelling in the exercise of their mandate will be considered as carrying out a mission on behalf of the enterprise, subject to compliance with the regulations in force. When they are convened by the General management, their costs will be reimbursed under the conditions provided for in the regulations.
Article 3.2.4. Meetings in the workplace
Union organisations can organise meetings for their members and supporters, on the premises of the enterprise, outside work areas.
Following agreement with the Management of the establishment, staff meetings for the dissemination of information on professional questions of general interest may be organised. These meetings are normally held outside the working hours of the main participants.
In cases of emergency or special difficulty, appreciated conjointly by the Management of the establishment and the union delegates, these meetings can be held during working hours, on the condition they do not adversely affect the proper functioning of the nuclear facilities. However, the staff on duty, responsible for the safety of the establishment and the proper functioning of the facilities will not be authorised to leave their posts.
The modalities of the organisation of these meetings will be established on a case-by-case basis, by common agreement between the management and union representatives.
Article 3.2.5. Union dues
Collection of union dues may be undertaken in the workplace.
CHAPTER 3.3 – THE CENTRAL WORKS COUNCIL (central council) AND ESTABLISHMENT WORKS COUNCILS (works committees)
Article 3.3.1. Union stewards
The elections of union stewards to the central works councils and establishment works councils will take place every two years from a list, according to a separation into two electoral colleges, one representing the technicians, supervisors, administrative site officers and related workers, the other representing engineers and management.
Article 3.3.2. Eligibility conditions
All the employees present in the enterprise for a period of at least one year, who enjoy their civil rights, can create an electoral list to exercise the mandate of union steward. Union organisations, representative according to the terms of Article 3.1.2., are invited to present lists in each establishment.
The employees claiming the exercise of a local mandate must be employed in the corresponding establishment.
Article 3.3.3. Conditions of enrolment on electoral lists
All the employees of an enterprise who have completed their trial period are enrolled on the electoral lists and have the same right to vote irrespective of their position in the hierarchy, including senior management and executives.
Article 3.3.4. Number of union representatives and their deputies
The number of trade union representatives is established by common agreement between the management of the enterprise and the senior union stewards.
The modalities of the elections, the verification of the electoral lists and the eligibility of the participants will be the subject of an electoral agreement between the management of the enterprise, the management of the establishments and the senior and local union stewards.
Article 3.3.5. The functioning of the different committees
The time spent by the trade union representatives sitting on the different committees is considered as being time worked and is remunerated as such. Consequently, the costs resulting from their participation in these meetings are reimbursed.
The interior regulations defining the functional modalities of the different committees are established by common agreement between the management of the enterprise and the senior union stewards.
Article 3.3.6. Career management for staff representatives
The Managements of establishments will ensure that the rights of employees exercising staff representation functions will be complied with. They will pay particular heed to questions of remuneration and professional career in order that the performance of these mandates does not generate discrimination with regard to remuneration or professional career development.
Article 3.3.7. Monitoring of staff representatives’ remuneration
The monitoring of the remuneration and career of staff representatives and union stewards whose time devoted to missions of staff representation is superior to 49% of effective working time, is ensured by the Management of the establishment, linked to the direct hierarchy of the interested parties and the establishment’s union steward;
The appreciation undertaken by the Management of the establishment will take into account the specific skills acquired during the performance of the staff representation mandate.
Staff representatives benefit from a career and progression guarantee equal, at minimum, to the average evolution seen over the preceding three years for the employees belonging to the same category in the establishment.
Article 3.3.8. The Central council – Composition and functioning
The number of elected members of the central council, elected representatives and deputies, is established according to a protocol signed between the management of the enterprise and the union organisations, representative according to the terms of Article 3.1.2. It depends on the total numbers of personnel habitually present in the enterprise.
Article 3.3.9 Attributions of the Central council
The Central council will be qualified to examine the budget and the general organisation of the enterprise, the volume and the structure of work, the social and cultural activities of the enterprise, and the industrial and research policy of the enterprise.
There will be created, within the Central council:
- a commission on training and employment;
- a commission on social and cultural activities.
The central council can create the necessary commissions. During the vote creating the commissions, the management representative has a right of veto.
Article 3.3.10 — Allocation for social, cultural and sports activities
The enterprise will pay an annual allocation to the central council for staff social, cultural and sports activities, which will be distributed among all the works committees according to the numbers of staff habitually present in the establishments.
The amount of this allocation will be negotiated between the general management and the union organisations, representative according to the terms of Article 3.1.2.
The enterprise will be responsible for paying for the material and human resources enabling the proper management of this allocation.
The enterprise has the right to supervise the proper utilisation of the allocation for social, cultural and sports activities.
CHAPTER 3.4. THE CENTRAL HEALTH, SAFETY, SECURITY, RADIOPROTECTION, WORKING CONDITIONS, AND ENVIRONMENTAL MONITORING COMMITTEE
THE ESTABLISHMENT’S HEALTH, SAFETY, SECURITY, RADIOPROTECTION, WORKING CONDITIONS, AND ENVIRONMENTAL MONITORING COMMITTEE
Article 3.4.1. The Central health, safety, security, radioprotection, working conditions and environmental monitoring committee – Duties.
The central health, safety, security, radioprotection, working conditions and environmental monitoring committee has authority over all the general health, safety, security, radioprotection, working conditions and environmental monitoring issues concerning the enterprise. Issues of external security do not come within its remit.
It will supply its opinion of the policies of the enterprise with regard to the enterprise’s policies on health, safety, notably in case of fire, security, radioprotection, working conditions and environmental monitoring. It will be informed of the policy with regard to occupational medicine.
It can organise briefing meetings on issues around health, safety, security, radioprotection, working conditions and environmental monitoring.
It will respond to questions asked by the establishment health, safety, security, radioprotection, working conditions and environmental monitoring committees
It will make recommendations to the general management, which will be required to reply.
It can carry out briefing missions in all the establishments of the enterprise.
It will carry out the necessary studies, inform the establishments of evolutions in techniques and regulations, co-ordinate the initiatives of the establishments’ nuclear safety engineers, radioprotection managers, and environmental monitoring managers.
Article 3.4.2. - Composition of the Central health, safety, security, radioprotection, working conditions and environmental monitoring committee
The central health, safety, security, radioprotection, working conditions and environmental monitoring committee includes, by rights:
- the representative of the general management, who performs the duties of the chairman;
- the enterprise’s medical superintendent;
- the enterprise’s head pharmacist-biologist;
- the engineer in charge of the enterprise’s nuclear safety;
- the enterprise’s head of radioprotection;
- the enterprise’s environmental monitoring supervisor;
- the enterprise’s fire safety manager;
- the secretary of the enterprise’s central council.
- staff representatives designated by the union organisations, representative according to the terms of Article 3.1.2., from among the staff representatives, elected or not. Their number will be established in agreement with the general management and the union organisations, representative according to the terms of Article 3.1.2.
The staff representatives will designate from amongst their number the secretary of the central health, safety, security, radioprotection, working conditions and environmental monitoring committee, who will occupy this position full-time.
Only the representative of the general management and the staff representatives participate in voting in the central health, safety, security, radioprotection, working conditions and environmental monitoring committee. The other members will take part in the deliberations in an advisory capacity.
The deputies attend sessions in an advisory capacity. The officers, and the deputies when replacing an absent officer, will be entitled to vote.
The central health, safety, security, radioprotection, working conditions and environmental monitoring committee can call on any person it esteems to be suitably qualified, by reason of his or her competency with regard to health, safety, security, radioprotection, working conditions and environmental monitoring, for occasional advice, depending on the agenda.
Upon request from the staff representatives, those persons responsible for the administration of public health, fire safety, working conditions or environmental conditions can attend the meetings of the central health, safety, security, radioprotection, working conditions and environmental monitoring committee, in an advisory capacity.
Article 3.4.3. – Functioning of the Central HSRWC committee
The managing director of the enterprise must convene the Central HSRWC committee at least every six months.
For the performance of their duties, the staff representatives on the Central HSRWC committee will have time-off rights that will vary with the size of the enterprise and its characteristics. Staff representatives can distribute amongst themselves the time made available to them. They will inform the establishment’s director.
The agenda will be drawn up conjointly by the chairman of the Central HSRWC committee and the secretary.
The drafts minutes will be submitted for approval before distribution to the different members of the Central HSRWC committee.
Recommendations will be delivered upon absolute majority of the members present. Minority recommendations will be attached in the appendix. They may be annotated by the author. The minutes will be available to the supervisory authorities of the enterprise in the domains concerned. Certain parts of minutes may be classified as “confidential”. They will not be able to be divulged to third parties except upon written authorisation from the State authorities responsible for the protection of its strategic interests.
The cost of the functioning of the Central HSRWC committee will be paid for by the enterprise.
Articles 3.4.4. Recommendations by the HSRWC committee
The recommendations of the Central HSRWC committee will be the subject of a provisional budget, which will be examined and dealt with as a priority by the enterprise concerned by the work to be undertaken.
The managements of the establishments concerned by these items of work will report on their state of progress to the Central HSRWC committee and to their establishment’s HSRWC committee
Article 3.4.5. Resources of the HSRWC committee
The resources made available to the secretary of the HSRWC committee for the performance of its duties will be the subject of a discussion with the trade union organisations. These resources, in secretariat and equipment, will take account of the nature and the importance of the tasks for which the secretary is responsible. They will be determined in such a way as to ensure the functioning of the committee in the best and most suitable conditions.
The staff representatives on the Central HSRWC committee can, in the performance of their duties and legally, move freely around the establishments, subject to observance of the rules relating to security and the protection of the secrecy of information bearing on the strategic interests of the State.
The staff representatives on the Central HSRWC committee will benefit from training enabling them to perform their duties. When this is rendered necessary by a modification in legislation or regulations with regard to hygiene, security, radioprotection, or working conditions, they will be encouraged by the management to participate in courses approved by the International Atomic Energy Agency.
The enterprise will pay the cost of this training.
Article 3.4.6. Nuclear safety
In order to ensure the safety of the facilities in its charge, the enterprise will have at its disposal structures specialised in protection and nuclear safety engineers.
Under the direct responsibility of the manager of the nuclear site concerned, the safety engineers will be authorised to have knowledge of the general health and safety and working safety issues with regard to nuclear risks. They will inform the units in the establishment and will be responsible for ordering the implementation of the means appropriate for the prevention of these risks.
Article 3.4.7. Security engineers
A security engineer will be appointed in each establishment to the director of the establishment and placed under his authority. He will advise him on the implementation of the means for preventing non-nuclear risks.
Article 3.4.8. Nuclear medicine
The director of the establishment will take all the measures necessary to enable the medical officers and pharmacist-biologists appointed to his establishment to have at their disposal all the means necessary for the performance of their duties.
The doctors and pharmacists-biologists are required solely to comply with the deontology peculiar to the medical professions.
Article 3.4.9. Establishment HSRWC committee – Duties
The HSRWC committee delegates its duties locally, at the level of each establishment, to the establishment HSRWC committee.
Article 3.4.10. Composition, resources of the establishment HSRWC
Each establishment HSRWC committee includes, by rights:
- the director of the establishment or his representative, who fulfils the duties of the chairman;
- the establishment’s medical officer or officers;
- the establishment’s pharmacist(s)-biologist(s);
- the establishment’s security engineer;
- the establishment’s head of radioprotection;
- the establishment’s environmental monitoring supervisor;
- the establishment’s security manager;
- the works committee secretary;
- staff representatives designated by the union organisations, representative according to the terms of Article 3.1.2, from among the elected or un-elected staff representatives. Their number will be established in agreement with the general management and the union organisations, representative according to the terms of Article 3.1.2
The staff representatives will designate one of their number as secretary of the HSRWC committee.
The establishment’s director or his representative and the staff representatives will be entitled to vote. The other members of the establishment HSRWC committee participate in deliberations but will not have voting rights.
The deputies attend sessions in an advisory capacity.
Furthermore, each HSRWC can call on any person it deems suitably qualified, by reason of his or her competency with regard to health, safety, security, working conditions and environmental monitoring, for occasional advice, depending on the agenda.
Upon request from the staff representatives, those persons responsible for the administration of public health, fire safety, or working or environmental conditions can attend the HSRWC committee meetings, in an advisory capacity.
It will be possible to create auxiliary HSRWC committees specifically dedicated to the proper functioning of a part of the establishment.
Article 3.4.11. – Functioning of the establishment HSRWC committees
The establishment manager is required to bring together the HSRWC committee(s) at least every three months.
In production facilities with over three hundred employees, on request from the works committee and in view of the problems encountered, each HSRWC committee may be convened more frequently.
For the performance of their duties, the staff representatives on the HSRWC committee will have time-off rights varying according to the size of the establishment and its characteristics. Staff representatives can distribute amongst themselves the time they have at their disposal. They will inform the establishment’s director.
The cost of the functioning of the HSRWC committee(s) will be paid for completely by the enterprise.
Article 3.4.12. Resources
The resources made available to the secretary of the HSRWC committee for the performance of its duties will be the subject of a discussion with the trade union organisations at the level of each establishment. These resources, in secretariat, equipment, and time-off rights, will take account of the nature and the size of the tasks for which the secretary is responsible. They will be determined in such a way as to ensure the functioning of the committee in the best and most suitable of conditions.
The staff representatives on the HSRWC committee can, in the performance of their duties and legally, move freely around their establishment subject to observance of the rules related to security and the protection of the secrecy of information bearing on the strategic interests of the State.
The staff representatives on the HSRWC committee will benefit from training enabling them to perform their duties. When this is rendered necessary by a modification in legislation or regulations with regard to hygiene, security, radioprotection, or working conditions, they will be encouraged by the management to participate in courses approved by the International Atomic Energy Agency.
The enterprise will pay the cost of these training courses.
Each HSRWC committee in the enterprise will be able to designate, from amongst its members, a representative who, depending on the agenda of the other HSRWC committees of the enterprise, will be authorised to attend the meetings of the latter, as an observer.
Article 3.4.13. – General meeting of the establishments’ HSRWC committees
For the purpose of supplying complete and reciprocal information on questions concerning one or several establishments, the representatives of the establishments’ HSRWC committees will meet twice per year under the chairmanship of the managing director of the enterprise, in the presence of the chief medical officer, the head pharmacist-biologist, the head of radioprotection and the head of environmental monitoring.
Each establishment HSRWC committee, with its secretary, will designate amongst its members, two staff representatives to participate in these meetings.
Each trade union organisation, representative according to the terms of article 3.1, will moreover delegate a representative to these meetings.
The chairmen and secretaries of the HSRWC committees will be summoned, at least one month before the date planned for the general meeting, to a preparatory meeting in order to fix the agenda. The preparatory documents will be transmitted to the designated representatives at least 15 days before the date planned for the meeting.
The designated representatives will have the possibility of expressing opinions or making suggestions on the issues raised.
The establishment HSRWC committees will conserve their entire authority; the general meeting of the HSRWC committee can under no circumstances substitute for it, nor serve as a review body.
The staff representatives mandated to participate at the general meeting of the HSRWC committees will benefit from leave of absence, covered by a mission statement with reimbursement of costs.
Article 3.4.14. Participation in international bodies
The enterprise will encourage the participation of staff representatives who are members of its HSRWC committees in the international bodies dealing with subjects corresponding to their mission.
TITLE 4 - PROFESSIONAL OBLIGATIONS
Article 4.1. Professional confidentiality
All employees are subject to the obligation of discretion with regard to information of a confidential nature, whatever their nature (scientific, technical, commercial, financial, legal etc.) of which they have knowledge in the performance of their duties.
Article 4.2. - Other paid activity
Beyond their functions and except in the case of written authorisation from the enterprise, the employees cannot practice any other paid activity.
However, the function of teacher-researcher, in higher education institutes, will be encouraged inasmuch as its exercise does not perturb the proper functioning of the enterprise.
Article 4.3. Patents, inventions
The employees of the enterprise are subject to the general regulations concerning inventions resulting from national legislation on invention patents.
TITLE 5 – PROFESSIONAL TRAINING
Article 5-1 – General principles
On-going professional training is part of continuing education. Its aim is to enable employees’ adaptation to changes in techniques and working conditions, to promote their social betterment via access to different levels of culture and professional qualification, and their contribution to cultural, economic and social development.
It enables the promotion of professional equality between women and men.
It can be provided for employees who hold a contract providing for work-linked training.
It is done on a voluntary basis.
It is rewarded with promotion when it has been acquired within the context of training leading to a diploma.
Article 5.2. Applicable provisions
Apart from the national legislative and regulatory provisions, the practical modalities of this provision, with regard notably to absences for training leave are defined, in each establishment, by particular provisions established following recommendations from the works committee’s professional training and employment commission.
Article 5.3 – Security training
From the moment of their employment or in the case of a change of posting or working technique, employees will follow practical training in security matters aimed at instructing them in the precautions to be taken to ensure their own security, that of the other people in the establishment and that of the surrounding populations.
The employees who are to occupy postings of a technical nature related to production or maintenance will furthermore follow, systematically, prior to taking up their duties, an in-depth training programme adapted to the problems of security involved in their duties.
The works committees and the HSRWC committees will be informed of the initiatives rolled out during the past year. Feedback on these courses will be ensured by the HSRWC committees. A summary of this feedback will be transmitted to the International Atomic Energy Agency for information.
Article 5.4 Transmission of knowledge – conservation of knowledge
In harmony with the recommendations of the International Atomic Energy Agency, the enterprise will implement a plan for the preservation and the transmission of the knowledge acquired.
TITLE 6 - REMUNERATION AND FINANCIAL ADVANTAGES
The provisions concerning remuneration and financial advantages come under the sole authority of the enterprises. It is however suggested to enterprises that they proceed in this very sensitive domain rather more in consultation with the trade union organisations, representative in accordance with the terms of Article 3.1.2.
TITLE 7 – WORKING TIME – LEAVE
Article 7.1. Hours of work
The duration of working hours is the legal working time in force in the country concerned.
Article 7.2. Stand-by for emergency duties
Stand-by for emergency duties can be established according to the needs of each establishment.
The organisational mode and the modalities of compensation for these stand-by duties will be the subject of a special agreement.
Article 7.3. Leave
Prescriptions with regard to leave will comply with the legislation in force. They can be the subject of particular provisions negotiated between the general management and the trade union organisations, representative according to the terms of Article 3.1.2
Article 7.4. Overtime
Prescriptions regarding overtime will comply with the legislation in force in the country concerned. They can be the subject of special provisions negotiated between the general management and the trade union organisations, representative according to the terms of Article 3.1.2.
TITLE 8 - SPECIAL PROVISIONS FOR CONTINUOUS SHIFT-WORK AND ARDUOUS WORK, MINING EXTRACTION AND WORK IN EXPOSED AREAS
Article 8.1. Requisite conditions
In order to be able to apply the provisions of the present Chapter 8, service in the facilities concerned must be operational at least five days per week, regularly, throughout the year, except for interruptions of limited duration for maintenance work, development or annual holidays.
Article 8-2 – Organisation of work in continuous shifts
In the case of service necessity, the personnel of the enterprise can be required to work by day and by night outside normal working hours, in such a way as to ensure by rotation the uninterrupted functioning of the service, except in the case of medical inaptitude for this type of work.
In the hypothesis where an employee working under normal working hours is called, for the necessities of the service, to work in the above conditions, other than for replacements, he will benefit from a priority with regard to an eventual return to a vacant post involving normal working hours if he fills this post’s requirements.
If the interested party does not accept the work in continuous shift-work, and in the case of impossibility of re-employing him or her in another position within the same establishment preferably, or of another establishment, the work contract will be terminated with payment of indemnities in lieu of notice and redundancy compensation.
Continuous shifts are organised after consultation with the works committee depending on the needs of the service and in such a way as to enable the employees to work, on average over a complete cycle of work, the conventional weekly number of working hours.
Article 8.3. – Professional training
For the personnel on continuous shift-work, the professional training and improvement courses will be adapted to the requirement of these services, subject to legal provisions governing the matter.
Article 8.4. – Career development
Particular care will be accorded to the career development, and the financial advancement, of personnel in continuous shift-work and arduous work in order to take account of their early retirement.
Moreover, the knowledge acquired during training courses pursued in the interests of the service will be taken into consideration.
Article 8.5. Overtime
Overtime in continuous shift-work must be exceptional and only imposed when no other solutions can be retained.
It is forbidden to allocate an employee to two successive teams, except in exceptional circumstances and for pressing reasons related to functioning or security. The family of the employee must, as far as is possible, be informed at his request.
The overtime thus worked by the employees not replaced at the end of their shift or in the case of replacement are integrally compensated for in rest time, at the beginning of the following shift if the interested party requests it, and as far as is possible, except in the case of pressing service necessity.
In the case where integral rest-time compensation exceptionally cannot be granted, half of the overtime may be paid, the other half being compulsorily compensated for with rest-time.
Recovery by rest should occur within the subsequent four to twelve weeks. In as far as is possible, account will be taken of the interested party’s requests.
Article 8.6. Redeployment to normal working hours
Employees having worked in continuous shift-work can, after 15 years of continuous service or 50 years of age and upon their request, be redeployed as a priority to normal working hours in a position corresponding at least to their classification.
Article 8.7. Compensatory rest
The employees working in the context of certain more specially constraining continuous shift work, or effecting work whose arduous character results from the particular conditions imposed by radioprotection, benefit from compensatory rest.
Article 8.9 Provisions specific to agents responsible for the piloting of nuclear installations
Article 8.9.1. Preamble
In nuclear power stations, it is now recognised that the remarkable talents of investigation of the piloting teams and their thirst for knowledge explain the exceptional levels of security obtained in the piloting of systems as complex as those represented by nuclear facilities. Whereas recourse to procedures makes it possible to optimise resources and gain in vigilance, it cannot be a substitute for the deployment of the cognitive capacities of the agents responsible for the piloting of the nuclear facilities notably in cases of the emergence of intermediary situations, and the recognition of the said capacities.
Article 8.9.2. Certificate of competency in the piloting of a nuclear facility
A Certificate of Competency in the Piloting of Nuclear Facilities has been created, the content of which and the means of obtaining which will be validated by the International Atomic Energy Agency.
Any agent intervening directly in the piloting of a nuclear facility will be required to possess a currently valid version of this certificate of competency. Any agent deprived of his Certificate of Competency in the Piloting of Nuclear Facilities will not be authorised to intervene directly or indirectly in the piloting of a nuclear facility.
The duration of validity of the certificate of competency will be limited in time. Examinations whose frequency is yet to be defined with the governing authorities in partnership with the International Atomic Energy Agency will make it possible to ensure that those who possess a certificate have the expertise, competency and human qualities required for the proper performance of their duties.
Article 8.9.3. Composition
Piloting is the responsibility of a team led by an operations manager. In general, and barring particular situations, it is composed of two technical managers who manage a necessary number of operators and patrolmen. Piloting is organised in eight-hour shifts, three teams relaying each other in every 24-hour period. The control room houses the technical command and control systems, as well as the prescriptive texts.
Resources from outside the control room can be mobilised, in particular the safety engineer or maintenance.
Article 8.9.4. Functioning
The piloting of a nuclear facility is not a well-ordered succession of actions with a clearly identified beginning and end. The activities are marked by the unforeseen, complexity and sometimes ambiguity. Many activities take place in parallel and overlap, periods of accumulation of tasks alternating with moments of calm. The work combines piloting, the coordination of interventions, surveillance, reading, writing and communication.
Article 8.9.5. Exercise of authority. Responsibilities.
The piloting agents of nuclear facilities are personally responsible for the proper running of the nuclear facilities for which they have responsibility. As concerns their proper management, they answer only to the governing authority of the country where the nuclear facility is situated and to the agents of the International Atomic Energy Agency. The enterprise responsible in law for the nuclear facility must comply with the technical requirements to which the piloting agents of the nuclear facilities may be required to answer. Any refusal will require justification.
In the case of permanence of a disagreement between the piloting agents and the representatives of the enterprise responsible in law for the nuclear facility, the disagreement will initially be taken up with the national governing body. The trade union organisations signatory to the present agreement will be associated in the amicable resolution of this conflict.
As a last recourse, the arbitration of the International Atomic Energy Agency may be requested by any of the parties. In this case, the International Atomic Energy Agency will be authorised to require any technical measures that will appear to it essential to ensure the proper functioning of the nuclear facility, even to proceed with the provisional shut-down of the nuclear facility, even impose financial penalties on the party at fault. The decisions of the International Atomic Energy Agency are final.
TITLE 9 - Social security and welfare provision, maternity, occupational accidents and occupational disease
Article 9.1. Services, salaries.
In the case of illness or wounding not covered by reason of legislation on accidents in the work place, the employees of the enterprise subject to the present statue and consequently finding themselves unable to work, have the right, for the duration of their incapacity to work, to their entire salary, allocations and advantages, of all types included, to the exclusion of special duty allowances, for:
At the end of these periods of leave, the individual situation of the agents who are still inapt for work will be examined by commission known as the “national invalidity commission”, for the purpose of:
The national invalidity commission is composed:
Article 9.2. Accidents in the workplace – Professional illness.
The statutory servant who falls victim to an accident in the workplace, or suffering from a professional illness, will conserve his or her entire salary until his or her wound is healed or until his or her recovery.
Article 9.3. Maternity leave
Maternity leave on full pay is eight weeks before the presumed date of birth and ten weeks after it, the interested party having in any case the right, due to her confinement, to a total leave on full pay of eighteen weeks. The paternity leave provided for by the labour code will be taken on full pay under the attribution conditions stipulated in the said code.
Article 9.4. Employment contract
Illness or absence because of illness is not a cause of termination of the employment contract, subject to provisions relative to disability.
Notice of termination of an employment contract cannot be pronounced against employees while they are benefiting from the provision in articles 9-1.
Article 9.5. Inaptitude of professional origin - Contestation of the inaptitude of professional origin
The employee and/or the enterprise can refer to the establishment’s medical officer to have him or her examine whether the employee possesses the aptitudes necessary for his or her work.
During this examination, the medical officer will give his opinion on the necessity of changing the employment of the interested party.
The employee can contest the conclusions adopted subsequent to the recommendations of the medical officer, within a period of six months, counting from their notification, supported by reasons, in writing, by the production of a certificate established by a doctor of his or her choice.
In the case of litigation, the medical officer will refer to the inspecting medical officer for his recommendations.
If it is acknowledged by the medical officer that the employee is no longer in possession of the medical aptitudes required by his position of employment, and in the case of it being impossible to adapt the post, the enterprise will seek another posting for the employee, preferably in the same establishment.
In the case of permanent total or partial physical inaptitude, the employee will be awarded the benefit of the provisions concerning invalidity provided for by the legislation in force.
Article 9.7. Financial cover
The benefit cover provided for in Title 9 of the present statutes, which is not paid for by the general social insurance scheme, will be covered by contributions financed by the enterprise.
Article 9.8. Welfare insurance, risks, invalidities, death
The enterprise directly covers the risks of invalidity-death.
TITLE 10 - DISCIPLINE
Article 10.1. — Prerequisite procedure
Any employee risking a sanction, in case of serious misconduct could be summoned by the authority inflicting the sanction or by its representative in order to allow him to present his explanations. He or she can be accompanied by one or two persons of his or her choice.
For all sanctions other than warnings, the employee will be required to have received a written summons indicating to him completely the grievances held against him, the nature and the motivations for the sanction envisaged, reminding him or her of his or her right to be accompanied by one or two staff representatives of his choice or third parties, belonging to the enterprise or not.
Before any decision is taken with regard to suspension or dismissal, the Managing Director or his/her representative will receive the employee who requests an audience, accompanied as he or she wishes by one or two staff representatives of his or her choice or by third persons, belonging to the enterprise or not. This request by the employee should be addressed at the most eight full working days after the date of the preliminary interview.
Article 10.2- Serious misconduct
The fact of committing an act considered to constitute serious misconduct, according to the jurisprudence in force, may result in dismissal with neither notice nor redundancy compensation.
The following are notably likely to constitute serious misconduct of a nature resulting in dismissal with neither notice nor redundancy compensation:
TITLE 11 RETIREMENT
Article 12.1. Principle
The modalities of retirement will comply with the legal provisions in force.
TITLE 12 – OUTSIDE BUSINESSES, subcontracting, temporary work
Article 13-1 – Outside businesses – technical assistance – temporary work
The provisions of the present agreement are applicable to the personnel of outside enterprises from the moment their principal, habitual and effective place of work is situated within the establishments of the enterprise, and when these enterprises are charged with ensuring and are responsible for operational, functional or maintenance tasks, of a sustainable character that the enterprise has decided not to ensure itself.
Contracts between the outside enterprises, whose personnel is addressed in the present chapter, and the enterprise must include the provision that they undertake to apply all the legal and regulatory provisions with regard to labour law including union rights, and security, safety, radioprotection and environmental protection regulations in force within and outwith the establishment.