The CGT Éduc’action supported a comrade AESH in her actions against the rectorate of the Reims academy over the non-application of the law. The Administrative Court of Châlons-en-Champagne has just ruled.
AESH are entitled to 2 days of splitting
Thus the decision of October 23, 2024 of the Administrative Court of Châlons-en-Champagne* confirms that the public employer cannot deduct the days of splitting of related hours, nor impose the annualization of the two days, nor oppose the granting of the 2 days of splitting to which agents are entitled.
This decision applies to all academies which do not grant split days by invoking illegal subterfuges, either by deducting the 2 days from “related hours” (hours which are not in the student presence time), or by deducting “at source” the 14 hours (2 days) of the 1607 hours, on the basis of a full-time equivalent to the contract.
The CGT Éduc’action is determined to continue its action to improve the working conditions of AESH. The TA’s decision following the appeal of our comrade AESH will force the rectorate of the Reims academy to apply the law!
-The CGT Éduc’action now encourages all AESH who are refused the benefit of these 2 days of splitting to take up the decision of the administrative court of Châlons en Champagne to oblige their rectorate to respect the law, an additional step in the conquest of new rights and obtaining a status for recognition of their profession.
*“Based on the rule set by the academic working group on November 18, 2023 according to which the days of splitting were deducted flat rate from the agent’s working time, while this document has no regulatory value and the provisions of article 1 of the decree of October 26, 1984, the content of which is also included in circular no. 2019-090 of June 5, 2019 of Minister of National Education and Youth, provide for the granting of two days of additional leave for split days when agents meet the conditions required to benefit from it, the inspector of national education in charge of The school adaptation and schooling of disabled students tainted its decision of February 13, 2023 with an error of law. »
