Since 2008, municipalities have been required to ADM for pupils, during school time, when 25% or more of the teachers in a primary school are on strike. In this context, the mayor must draw up a list of the persons who can provide this shelter (see below). In addition to municipal officials, the legislature has allowed the use of childminders, organizers of associations that manage leisure centers, members of family associations, retired teachers, students, parents of pupils…” We had compiled this list, but we very quickly realized how it was difficult to keep it up to date,” said Gilles Robin, director of the population services department of La Crau (180 agents, 18,800 inhabitants, Var) .
Few communities have lent themselves to the exercise. “This list is complicated to put together! We are already struggling to meet the management quota. So find more people…” said Florian Glay, HRD of Pantin (1,800 officers, 59,800 inhabitants, Seine-Saint-Denis).
In practice, the SMA is thus ensured by the extracurricular counselors and the specialized territorial agents of the kindergartens. “They get paid overtime. We have no trouble finding volunteers,” says Florian Glay. What happens if the territorial themselves go on strike? “There are never 100% attackers. We always have the option of reassignment. If necessary, we can call on the employees of the association that organizes extracurricular activities on behalf of the municipality, so that they can accompany the children during lunch,” explains Gilles Robin explains: “I myself have already served meals in canteens. Re-use of resources in compliance with the legal framework is not prohibited. Agents have a rank, not a function,” Florian Glay recalls.
Cities are calling on sports educators, or even contractors they’ve already engaged. “Elected officials who come to hand out meals in the cafeteria, that also happens,” adds Marie Mennella, national secretary of Interco-CFDT. But as a general rule, if it is impossible to guarantee minimal and safe supervision of the pupils, “town halls often prefer to close the schools rather than risk handing the children over to someone else.” trust,” she continues.
Negotiate a rate for striking agents
The possibility to introduce a minimum after-school service and canteen service in the event of a strike since 2019, combined with the obligation for officers to register as striker forty-eight hours in advance, should facilitate continuity services in schools. “Even when the officers were not obliged to warn, some did, aware of the inconvenience caused,” notes Josiane Denoual, secretary of the CFDT branch of the city, the Municipal Center for Social Action and the Rennes Metropolis (43). municipalities, 4,600 agents, 451,800 inhabitants). In the absence of an obligation, however, this is by no means the case everywhere.
As for the minimum service strictly speaking, “with the 2019 law it is different from the SMA, we cannot place any agent in a position. We negotiate a rate of agents who cannot strike,” says Marie Mennella. a city in the east of Paris with 38,000 inhabitants set the minimum rate at 70% to ensure continuity of services in schools The community must provide for the replacement of strikers by first using non-striking volunteers and then by strikers to set.
A list of chaperones responsible for looking after the children should be drawn up
the ADM, established by the law of 20 August 2008, requires the mayor to draw up a list of persons who can supervise children, to ensure that they have the necessary qualities to supervise them. But no qualifications are required. Nor is a minimum fee for student counseling imposed. However, the scientific inspectorate checks whether the names on the list do not appear in the national computerized judicial file of perpetrators of sexual or violent crimes. Not drawing up this list does not release the municipality from its obligation to organize the SMA (Reference: education code art. L.133-7).
“Some mayors are against”
Bernard Maillard, vice-chairman of theAndev
” De ADM is far from generalized. Even today, some municipalities do not implement it. Either because they are struggling to organize it, due to lack of sufficient staff during an interprofessional strike, and at the moment even more so because of the Covid. Or, quite simply, for ideological reasons. Some mayors are against it. The difficulty of insuring the SMA also has to do with the professionalization of the supervisors. This system, which is nothing more or less than “childcare”, undermines the recognition of their profession. They also take on the role of ‘strike breaker’ towards the teachers. In some municipalities it has happened that trade unions have filed a strike notice for not providing the SMA. When the law was passed in 2008, there were checks and the prefects sometimes reminded mayors of their obligations and asked them to provide the list of people likely to provide shelter. But today I have no knowledge of control, much less of sanctions. †
Legal : The local authority may enter into negotiations with the trade unions with a view to signing an agreement to ensure the continuity of public services in certain essential sectors (Art. 7-2 of Law No. 84-53 of January 26, 1984, instituted by the law of transformation of the public service of August 6, 2019).