35 hours: the plans of the town hall of Paris called into question by the State

The City of Paris is invited to review its copy within 29 hours. In a letter sent on 28 July to the socialist mayor of the capital, Anne Hidalgo, and which “Les Echos », Marc Guillaume, the prefect of Ile-de-France and Paris, makes several observations on the new working time regulations for his agents. Adopted at the beginning of July by the Council of Paris, this text should allow the Parisian community to comply with the legal regime of 1. 552 annual working hours on 1 st January 2022, as required by the public transformation law of August 2019.

Politically opposed to this law putting an end to the derogatory regimes, the City of Paris has sought to limit as much as possible the impact for its agents. They currently work on average 1. 552 hours, according to a report from the Ile-de-France Regional Chamber of Accounts of 2017.

Principle of equal treatment While the Town Hall will, on the one hand, eliminate 8 days of extra-legal leave, its new regulations also create 3 days of leave with the introduction of a new “Subjection” linked to “the intensity and the particular work environment specific to the capital city” of the agents of the Parisian community.

“A subjection of this nature, of general application, which is moreover not justified, does not comply with the provisions of the aforementioned decree and is, as such, illegal, ”writes Marc Guillaume. According to him, these provisions “contravene the principle of equal treatment within the civil service”. “This city-capital subjection cannot in fact claim an impact of the level of noise and pollution which would apply exclusively to the agents of the City of Paris and not to all the civil servants and public agents who work there” , he explains in detail in his letter.

The “staggered” entry into force of the work cycles between 1 er January 2022 and July 1 2022 and the “deferred” entry into force of 1 st September 2022 for those relating to the direction of school affairs are moreover “not in conformity” with the law of August 2019, he points out.

The Prefect also warns that he will not be able to make “a final assessment of the legal compliance of all of the regulations that ‘following the adoption by the Paris Council of the annexes relating to the work cycles of the various departments ”. It is in fact planned at the start of the discussions, direction by direction, to adapt the work cycles of more than 300 professions in the City with the new regulations, with a view to a presentation of the final mechanism at the Paris Council in November.

Politically sensitive issue “The City will respond to the Prefecture of the Ile-de-France region on all the points mentioned in this letter”, we told the Town Hall of Paris. Highly sensitive on the social level, this file is also on the political level.

“I can tell you that the prefect will write to the mayor of Paris for him. say that it is not legal ”, had herself declared on 12 July on Europe 1 Amélie de Montchalin, Minister of Transformation and Civil Service. “When we say we are left, when we say we are committed to equality between public officials, we enforce the law of the Republic in Paris as in the rest of France ”, she tweeted in the wake.

In a dated letter of 27 July and obtained by “Les Echos”, Antoine Guillou, the deputy (PS) in charge of resources human beings, told him of his “astonishment”. Referring to another letter from the end of April, he also reminded him that “you invite the City of Paris to take full advantage, within the framework of the implementation of the law, of each of the exemptions provided for by the legislator to take account of the specific constraints to which certain public officials are subject ”.