Process: Rights and Compensation’s Employees

  • Issued by: Human ressources Departement
  • Date approved: May 1st, 2022
  • Review Dates: January 1st, 2017 - December 3rd, 2018 - April 2nd, 2019 - November 25th, 2019 - June 26th, 2020 - September 18th, 2020
  • Approved by: President of IMT Atlantique Christophe Lerouge
  • Contact:
Key Relevant documents

Scope

This process applies to all employees.

Purpose of the process

This process is available for employees to appeal for their rights and compensation and for resolving any employment relationship problems.

Information points

  1. The joint consultative committees (CCP) are consulted for individual questions concerning contractual employers (questions relating to dismissals occurring at the end of the probationary period, disciplinary sanctions other than warning and reprimand, etc. .).
    For public service employers, for contractual employees governed by the management framework, for contractual employees governed by decree 2000-677 of July 18, 2000, IMT Atlantique has created  joint consultative committees with the management authorities of the ministerial department. Decree n ° 86-83 of January 17, 1986 relating to the general provisions applicable to contractual agents of the State adopted for the application of article 7 of law n ° 84-16 of January 11, 1984 on statutory provisions relating to the State civil service (article 1-2).
  2. The purpose of the internal regulations of the joint consultative committee (CCP IMT) is to set, within the framework of the laws and regulations in force, the operating methods of the joint consultative committee.
  3. The joint consultative committee is responsible for examining the individual situations of IMT Atlantique employees governed by the management framework. Its role is in particular to examine:
    • disputes relating to the execution of contracts and respect for the rights of agents,
    • individual appeals, particularly in matters of evaluation, remuneration, career development and promotion.
      This commission sits on a staff disciplinary council.
  4. “Any employee subject to the Institute's management framework may, after having exhausted the non-contentious means of appeal, seize the CCP as an appeal body, by reasoned written request, addressed to the president of the CCP, on questions of individual order, in particular relating to
    • the application of the provisions appearing in the employment contracts;
    • disciplinary sanctions other than those giving rise to compulsory consultation;
    • refusal of leave for union training, leave for personal reasons, leave for professional training or any other leave provided for by the management framework;
    • the conditions of re-employment after leave;
    • refusals of authorization to perform a part-time service and the conditions for exercising part-time work;
    • refusals of leave of absence to follow an action to prepare for a competition or a training action;
    • refusal of authorization for teleworking and the conditions for exercising telework;
    • the assessment relating to the manner of serving the agent and the report of the professional interview concerning him;
    • changes in their remuneration or the notified bonus level;
    • the non-renewal of his secondment;
    • promotion or lack of promotion.

    From receipt of the request, the president of the CCP has fifteen days to respond to the referral request. When the referral is well-founded, the president must convene the Institute's CCP within two months of the referral letter. The employee who seizes the committee is summoned by the chairman of the committee at least fifteen days before the date of the meeting by registered letter with acknowledgment of receipt.”
    Extract from Rules of procedure of the joint consultative committee (CCP) of IMT.

  5. Appeal Procedure in case of Refusal of Authorization of teleworking
    "In accordance with decree n ° 2020-524 of May 5, 2020 modifying decree n ° 2016-151 of February 11, 2016 relating to the conditions and modalities for the implementation of telework in the public service and the judiciary, you have the possibility of entering the joint administrative committee or joint consultative committee responsible for refusing your request for teleworking."
  6. IMT 2020 management framework 
    Article 68 bis: Legal Protection of Employees
    In performing their duties, employees may be exposed to certain risks. They then benefit from legal protection according to the principles defined by article 11 of law n ° 83-634 of July 13, 1983, this protection, as of right for employees having a public law employment contract with the establishment. , being extended to employees with a private law employment contract.
    The benefit of this protection can be granted by the head of the establishment if the following two conditions are met:
    First, the facts for which the employee finds his criminal responsibility questioned must have a direct and indisputable link with the functions he performs. An employee cannot therefore claim this protection for acts committed in the context of personal activities, or foreign with the service or relating to his private life.
    Second, the facts, decisions, acts or omissions leading to the search for the criminal liability of an employee must not be in the nature of personal fault.
    If it appears, during the criminal proceedings that an employee enjoys protection when the facts in question are not likely to relate to the exercise of his functions or that a personal fault can be characterized, this protection is then suspended. In such a case, the employee as well as the counsel responsible for the defense of his interests are informed of this suspension.” Extract for the - IMT 2020 management framework

*This policy is written in English to make our commitments visible internationally