Making the civil service “both more open and more efficient” is the objective pursued by the government with the law of 6 August 2019 on the transformation of the civil service. This extends the powers to recruit contract staff. The principle that permanent posts are filled by officials remains enshrined in the General Staff Regulations, but the scope of derogations is considerably extended. Opening of contracts for management jobs, project contracts. The law of 6 August 2019 on the transformation of the civil service facilitates the recruitment of contract workers by administrations. For the purposes of applying Title I(4) of Title I(4 ©) of the General©©Staff Regulation, in the event of termination of the employment relationship, the official shall, if necessary, be transferred to a post with a temporary surplus in© his or her home body. ©By way of derogation from article 19 of Law No. 84-16 of 11 January 1984 laying down legislation on the civil service of the State, access to the organs of Civil Servants whose specific statutes provide for© recruitment by external means may be opened©©by reserved recruitment methods that evaluate professional performance; under the conditions©laid down in this©chapter and prescribed©by decree©©of the Council of State, for a period©of four years from the date of publication of this©Law. The cases likely to justify the recruitment of a contract agent are also extended in the FPH (Article 19) and the FPT (Article 21), which no longer differentiate according to the category, to recruitment into permanent posts where the nature of the functions or the needs of the services justify it.
2 ° reserve of competitionscivil©©agents of the State, the military and, under the conditions provided for by the special statutes, officials© of permanent public law of the State or territorial districts exercising their functions in the territory of Valais and Futunas, ®judges and civil servants and agents of local authorities and public bodies©©, as well as permanent staff under public law in the territory of the territory, who perform their duties in the territory of the islands of®Wall and Futuna, ©in the context of an activity©, secondment, parental leave or military© service, as well as candidates working in an international intergovernmental organisation. Candidates for these competitions must have completed a certain part©of the civil service and©©, where appropriate, have received training. A line point shall be inserted in accordance with Article 3(6) of that law: `Staff members holding employment in a public institution or administrative©body appearing on the lists annexed to the letters referred©©©to©©© in Articles 2 ° and 3 of this Article and whose inclusion on that list is deleted shall continue to be employed©©©©© under the conditions©laid down in the specific rules applicable to public contractors and, ©where appropriate, ©© for these©bodies and keep the provisions©©of the contract they have concluded. Where such staff©are recruited©© on a permanent basis, that contract shall be© renewed©© in accordance with©Article 6a. If the child is hospitalized at© the end of the sixth week following the delivery, the official may postpone, in whole or in part, the contracts© provided for in the two preceding paragraphs©©©, which he may still accept© until the end of the child`s hospital©stay. © The government has recently introduced a reform aimed at, among other things, expanding employment opportunities for contract employees in the public sector. It is expected that permanent staff on all three sides of the civil service will remain in the majority for a long time, but the prospect of a further increase in the proportion of permanent staff prompts the Court to make five recommendations aimed in particular: with the exception of members representing© civil servants` unions and representatives©of territorial employers, the respective members of the Joint Civil Service Council, the Higher Council of©the Civil Service, the Higher Council of©the Territorial Civil Service and the Higher©Council of the Civil Service for hospitals are appointed in each of the categories©they represent©, subject to a minimum proportion of 40% of persons©© of each sex. ©This Article shall apply to the next extension of the members of the Joint Council for the Civil Service, the Higher©Council for the Civil Service, the Higher©Council for the Territorial Civil Service and the Higher©Council for the Civil Service for Hospitals. The staff member may be required to make© temporary assignments on behalf of his or her administration or another administration. The tasks that are then entrusted to it must be©part of©the tailor-made project©.
The main criteria taken into account to determine the remuneration of temporary agency workers in the public sector of the State and hospitals have so far been determined by the regulatory authority. If, as a result of a change in©his state© of©health, an official is found unfit for the performance of his duties, the post assigned© to him shall be adapted to© his©state of© health. If it is not possible to adapt the post, the official may be transferred© to a post in another post or in another manager of priority jobs in his home administration or, failing that©, in an administration or©public body referred©to© in article 2 of Law No. 83-634 of 13 July 1983 on the rights and obligations of civil servants; if it has been©© declared©© capable of performing the corresponding functions. Why this “standard” definition? Because of the principle that the civil service employs only civil servants. The exception is the use of contract agents for a limited period of time and, in some cases, provided for by law. The “non-incumbent” had no future in the public service in this capacity. He should either one day become a public servant or retire from the public service. It does not apply to jobs created by the State in the State civil service or to certain management jobs in hospitals and the territorial civil service. After the second paragraph©of Article 9b of Law No 83-634 of 13 July 1983 ©©, a paragraph©is inserted as follows©©©: “The annual report referred©© to in the last subparagraph©of paragraph I of Article L. 323-8-6-1 of the Labour Code shall be submitted to the Joint Council of the Civil Service.
According to an INSEE©study published on 15 March 2021, the number of fixed-term contracts©©© (CDD) has increased to©the detriment of legal employment in the public sector. The precariousness©© of temporary workers is increasing. However, the answer to©ministerial question©No 27123 recalls all the measures taken in recent years©to combat this©phenomenon. At the end of the period©of separation from national service, the official shall©be automatically reinstated©©, even if necessary. On an experimental basis©, a contract concluded pursuant to Article 4(1) of Law No 84-16 of 11 January 1984 on legislation governing the civil service of the State may be concluded©on an experimental basis for an indefinite period of©©©four years from the date of publication of this©Law. No later than six months before the end of the experiment©, the Government shall submit a report on its implementation to©the Higher©Council of the State Civil Service for evaluation. Note to entrepreneurs, there is something new for them. One of the stated objectives of the Civil Service Transformation Act of 6 August 2019 is to modify and simplify the management of human resources within the three public services. Where the possibilities©of transfer to their institution are not sufficient, officials shall be separated from©©their spouses for professional reasons, officials who are separated©©for professional reasons from the partner with whom they are bound©by a civil© solidarity agreement and disabled officials©©belonging to one of the categories referred©to in point 1 shall be 2 °, 3 °, 4 °, Article L. 5212-13 of Articles 9 °, 10 ° and 11 ° of the Labour Code may, in so far as this is compatible with the operational©©needs of the service, taking into account their particular situation, benefit in priority© from the seizure of Article 45 and©the direct©integration©© defined©in Article©63a of that©right and, where appropriate©©, the provision©within the meaning of Article 41 of that Title.
3. Civil servants who perform their duties for a certain period of time and in accordance with the procedures©laid down©©©in the Council of State©in a neighbourhood where social and security© problems are particularly difficult; Upon completion of his right to provide a part-time service for therapeutic reasons©, an official may©©obtain a new authorisation on the same basis after a©minimum period. .