Pas de protection fonctionnelle pour un agent déchargé pour activités syndicales ?!

FlickR - CGT - Yvan BrodierVoici une décision bien curieuse ((TA Rennes, 3ème chambre, 11 mars 2009, n°055568, AJFP 2010, p. 35.)) qui s’est prononcée en défaveur d’un fonctionnaire hospitalier qui réclamait le bénéfice des dispositions protectrices de l’article 11 de la loi du 13 juillet 1983, autrement dit la protection fonctionnelle. Curieuse est la décision non pas parce que je considère personnellement les syndicalistes comme de gentils Bisounours, mais parce que la présente espèce conduit à instaurer une dichotomie difficilement justifiable entre les salariés du secteur privé et les salariés du secteur public, lorsqu’ils sont investis d’un mandat syndical.

Qu’on en juge par les faits.

Un incident a opposé le syndicaliste (conducteur automobile hors catégorie et secrétaire général adjoint du syndicat CGT du CHU de Nantes) à l’attachée d’administration hospitalière, responsable du service de reprographie dudit centre hospitalier, à propos du retrait de l’original d’une affiche que le syndicat désirait faire reproduire. Propos injurieux et menaces se sont échangés. Qui a commencé les hostilités ? Les témoignages contradictoires issus du dossier ne permettent pas de répondre à cette question avec précision.

Toujours est-il que l’attachée, après avoir déposé plainte contre son collègue, a demandé et obtenu la protection fonctionnelle. Le conducteur syndicaliste a formulé la même demande mais il a essuyé un refus de la part du directeur général par intérim du CHU, au motif que les faits en cause ne sont pas intervenus dans le cadre de l’exercice de ses fonctions administratives ou d’évènements de sa vie privée à raison de son activité professionnelle mais dans celui de l’exercice de son mandat syndical.

Les dispositions de l’article 11 de la loi du 13 juillet 1983 limitent le champ d’intervention de l’administration aux cas de fonctionnaires victimes de menaces, violences, voies de fait et injures à l’occasion de leurs fonctions.

En droit privé, et plus précisément dans le code du travail, la notion de « salarié protégé » est extrêmement prégnante et son respect fait l’objet d’une attention particulière des juridictions judiciaires. Pourquoi n’en serait-il pas de même des juridictions administratives ?

This Post Has 5 998 Comments

  1. yopute momde dit :

    pvK56l It as actually a great and helpful piece of info. I am glad that you shared this useful info with us. Please keep us up to date like this. Thanks for sharing.

  2. A round of applause for your article post.Really looking forward to read more.

  3. Many thanks for this amazing posts. I was curious about whether you were planning
    of publishing related posts to this. Continue writing superb articles!

  4. VOD dit :

    very couple of websites that happen to be comprehensive below, from our point of view are undoubtedly well really worth checking out

  5. I am often to blogging and i really appreciate your content. The article has really peaks my interest. I am going to bookmark your site and keep checking for new information.

  6. Proandpro.It dit :

    You actually make it seem so easy with your presentation but I find this matter to be really something which I think I would never understand.
    It seems too complicated and extremely broad
    for me. I am looking forward for your next post, I will try to get the hang of it!

  7. Of course, what a splendid website and instructive posts, I definitely will bookmark your website.Have an awsome day!

  8. Hello! I must say, I’m amazed with your website. I had no trouble navigating through all the
    information. I discovered what I wanted in no time at all.

    Pretty awesome. Would appreciate it in case you add forums or something, it would be a great means for your clients
    as well as other visitors to interact. Great job.

  9. male extra dit :

    Thanks for the nice blog. It was very beneficial for me. Keep sharing such
    thoughts in the future as well. This was really what I was
    trying to find, and I’m glad I got here! Thanks for sharing
    the such information here.

  10. Outstanding work on behalf of the owner of this web site, excellent post.

  11. etumax dit :

    This especially helped my examine, Cheers!

  12. VOD dit :

    please stop by the websites we adhere to, like this a single, because it represents our picks through the web

  13. Super-Duper website! I am loving it!! Will be back later to read a lot more.
    I am bookmarking your feeds as well.

  14. I do not even understand how I stopped up right
    here, but I believed this submit used to be
    good. I don’t recognize who you’re but definitely you are going
    to a famous blogger for those who aren’t already.

  15. SEO services dit :

    It’s really a great and useful piece off information. I’m happy that
    you simply shareed this useful information with us. Plrase kep us informed like this.
    Thank you for sharing.

  16. Isla dit :

    I don’t know whether it’s just me or if perhaps everyone else encountering issues with your blog.
    It appears as if some of the written text within your content are running off the screen. Can somebodyy eose please comment annd let me know if
    this is happening to them as well? This may bee a problem with
    my web browser because I’ve had this haplpen previously.

  17. SEO services dit :

    Wow, thus paragralh is nice, my younger sister iss analyzing these kinds of things, thus
    I am going to tell her.

  18. SEO Guide dit :

    I have read several excellent stuyff here. Certaimly
    value bookmarking for revisiting. I surprise how much attempt you set to make any such fantastic informative web site.

  19. obat sipilis dit :

    I do believe all the concepts you’ve offered in your post. They’re really convincing and can definitely work. Still, the posts are too brief for starters. May you please lengthen them a bit from subsequent time? Thanks for the post.|

  20. Аnd thе storjes woulԁ get ample time or pages.

  21. Nicole dit :

    Hey there, I think your website might be having browser compatibility issues.
    When I look at your blog site in Opera, it looks fine but
    when opening in Internet Explorer, it has some overlapping.
    I just wanted to give you a quick heads up!
    Other then that, very good blog!

  22. obat sipilis dit :

    It is not my first time to pay a quick visit this site, i am browsing this website dailly and get good data from here all the time.|

  23. Sibyl dit :

    Very soon this site will be famous among all blogging people,
    due to it’s nice articles or reviews

  24. Elvira dit :

    Hi there are using WordPress for your blog platform?
    I’m new to the blog world but I’m trying to get started and create my own.
    Do you need any coding expertise to make your own blog?

    Any help would be really appreciated!

  25. Hey there! I know this is kinda off topic but I was wondering which blog platform are you using for this site? I’m getting fed up of WordPress because I’ve had problems with hackers and I’m looking at options for another platform. I would be awesome if you could point me in the direction of a good platform.|

  26. I’m pretty pleased to uncover this site. I need to to thank you for your time for this particularly wonderful read!! I definitely savored every part of it and i also have you bookmarked to check out new stuff in your blog.|

  27. Wow, amazing blog layout! How long have you been blogging for?
    you make blogging look easy. The overall look of your site is wonderful,
    as well as the content!

  28. Right here is the perfect website for everyone who hopes to find out about
    this topic. You realize so much its almost tough to argue with you (not that
    I actually would want to…HaHa). You certainly put a brand new
    spin on a topic that’s been discussed for decades. Great stuff, just

  29. What’s up Dear, are you really visiting this web page
    on a regular basis, if so then you will absolutely take fastidious knowledge.

  30. Very good article.Thanks Again. Great.

  31. Hey there, I think your blog might be having browser compatibility issues.
    When I look at your blog in Safari, it looks fine but when opening
    in Internet Explorer, it has some overlapping. I just wanted to
    give you a quick heads up! Other then that, superb blog!

  32. I was suggested this blog by my cousin. I am not sure whether this post is
    written by him as nobody else know such detailed about my problem.
    You are incredible! Thanks!

  33. The following time I read a blog, I hope that it doesnt disappoint me as a lot as this one. I mean, I know it was my choice to learn, but I really thought youd have one thing fascinating to say. All I hear is a bunch of whining about one thing that you might repair if you happen to werent too busy on the lookout for attention.

  34. Aileen Guire dit :

    I am curious to find out what blog system you’re using?

  35. Dash Cam Dave dit :

    My developer is trying to convince me to move to .net from
    PHP. I have always disliked the idea because of the costs.
    But he’s tryiong none the less. I’ve been using Movable-type on a number of websites for about
    a year and am concerned about switching to another platform.
    I have heard great things about
    Is there a way I can transfer all my wordpress content into
    it? Any help would be greatly appreciated!

  36. Good post. I be taught one thing more challenging on totally different blogs everyday. It is going to at all times be stimulating to read content from different writers and apply slightly one thing from their store. I’d want to make use of some with the content material on my weblog whether or not you don’t mind. Natually I’ll provide you with a link in your web blog. Thanks for sharing.

  37. Greetings, I think your site might be having browser compatibility issues. When I take a look at your web site in Safari, it looks fine however when opening in IE, it’s got some overlapping issues. I just wanted to provide you with a quick heads up! Other than that, excellent site!

  38. This excellent website truly has all of the info I needed about this subject and didn’t know who to ask.

  39. Hayley dit :

    If you are going for most excellent contents like me, just go to see this web site every day as it provides
    quality contents, thanks

  40. You are so awesome! I do not think I’ve read something like this before. So wonderful to discover someone with a few unique thoughts on this subject matter. Really.. many thanks for starting this up. This website is one thing that is required on the internet, someone with a little originality!

  41. Hey there just wanted to give you a quick heads
    up. The text in your post seem to be running off the screen in Internet explorer.

    I’m not sure if this is a format issue or something to do with browser compatibility but I thought I’d post to let you know.
    The design look great though! Hope you get the issue resolved
    soon. Cheers

  42. Viagra dit :

    Magnificent beat ! I would like to apprentice while you amend your web site, how can i subscribe for a blog website? The account helped me a acceptable deal. I had been tiny bit acquainted of this your broadcast offered bright clear concept|

  43. dog training dit :

    Hmm it looks like your site ate my first comment (it was extremely long) so I guess I’ll just sum it up what I had written and say, I’m thoroughly enjoying your blog. I as well am an aspiring blog blogger but I’m still new to everything. Do you have any tips for first-time blog writers? I’d genuinely appreciate it.|

  44. web page dit :

    Aw, this was a very nice post. Taking the time and actual
    effort to produce a superb article… but what can I say… I hesitate a lot and never seem to get nearly anything done.

  45. This piece of writing presents clear idea for the new users of blogging, that genuinely how to do blogging and site-building.|

  46. Great article, just what I needed.

  47. Viagra dit :

    Fantastic blog! I really love how it’s easy on my eyes and also the information are well written. I am wondering how I could be notified whenever a new post has been made. I have subscribed to your rss feed which ought to do the trick! Have a nice day!

  48. Yes! Finally something about keyword1.|

  49. of course like your web-site but you need to take a look at the spelling on quite a few of your posts. Many of them are rife with spelling issues and I to find it very troublesome to inform the reality on the other hand I’ll surely come again again.|

  50. The Best Kona Coffee took 16 centuries to arrive Online. The best Kona coffee online is still brewed as a drink prepared from the Kona roasted cherry.

  51. Viagra dit :

    I’m still learning from you, as I’m trying to reach my goals. I absolutely love reading everything that is posted on your blog.Keep the tips coming. I loved it!

  52. It’s awesome to visit this site and reading the views of all friends about this post, while I am also eager of getting knowledge.|

  53. Free porn dit :

    Very insteressting, i’m going to add your blog on my directory. Great job !

Leave A Reply