The administrative justice has canceled a provision of the new working time regulations of the PS mayor of Paris Anne Hidalgo which offers three days of additional RTT to its agents under a specific hardship in the capital.
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“
The so-called + city-capital + subjection is tainted with illegality
” and this point of regulation must “
be canceled
”, declared the administrative court of Paris in a judgment rendered on March 24 and of which AFP obtained a copy on Friday.
In December, the judge in chambers of the administrative court of appeal of Paris had already confirmed the order of the administrative court suspending this provision.
It is therefore a new legal setback for the mayor in the so-called 1607 hour file, which has pitted him against the government since July 2021, and the adoption by his left-wing majority of the new work regulations for the 52,000 Parisian agents.
The socialist presidential candidate wanted to enforce the law of August 6, 2019, which put an end to derogatory situations and imposed the 35-hour week on public officials since January 1, while activating "
the maximum possible levers
" to "
limit impact
”.
An average of 33.5 hours per week
According to the Court of Auditors, City officials work an average of 1,552 annual hours instead of the 1,607 required by law.
According to human resources assistant (PS) Antoine Guillou, this represents an average of 33.5 hours per week.
The latter therefore defended this subjection for Parisian agents, exposed, according to the regulations, "
to significant levels of noise and atmospheric pollution and subject to special working conditions due to the oversolicitation of the territory and Parisian public services
".
But for the administrative court, "
the City of Paris does not establish that the nature of their missions and the definition of the resulting work cycles would be such as to justify a reduction in the annual working time
".
The administrative court also canceled the other provision of the regulations, contested by the prefect of Ile-de-France, which provided for a gradual entry into force of the new work cycles during the first half of 2022, or even on September 1, for the administration of school affairs.
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The town hall, which had anticipated this outcome by starting discussions with the unions in January in order to "
limit the impact of this cancellation
", will not appeal the decision because it "
would have delayed things
", explained Antoine Guillou to the AFP.
Among the “
alternative measures
”, the socialist deputy envisages a subjection which “
takes into account the professional wear and tear linked to age
” for arduous jobs, or an increase in the RTT ceiling for agents with variable hours.
Antoine Guillou criticizes the government for a "
particularly imprecise regulatory framework, as evidenced by the great differences in the control of legality
" according to the prefectures, he believes.