Key Benefits:
Publics concerned: contracting agents of public law of the State and its public institutions.
Subject: rules establishing the conditions of employment, the purpose of duties, reclassification and remuneration of contract agents of the State and its public institutions.
Entry into force: the text comes into force on the day after its publication. The new rules applicable to termination and termination proceedings and the reclassification obligations are applicable to proceedings initiated after the issuance of the decree.
Notice: the decree defines the grounds for dismissal for contracting agents of the State. It organizes the reclassification obligations of these agents and the rules of procedure applicable in case of termination of contract.
The text further regulates the duration of the trial period that is fixed on the basis of the duration of the contract and determines the remuneration criteria of contract agents while setting the rules for periodic re-evaluation of their remuneration.
References: the decree is taken in application of theArticle 49 of Act No. 2012-347 of 12 March 2012 relating to access to full employment and the improvement of the conditions of employment of contractual agents in the public service, the fight against discrimination and various provisions relating to the public service; the text amended by this decree can be accessed, in its version, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Decentralization and Public Service,
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State, including Article 7;
Vu le Decree No. 86-83 of 17 January 1986 amended on general provisions applicable to contract agents of the State taken for the application of theArticle 7 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State;
Considering the opinion of the Supreme Council of the State Civil Service of 22 July 2014;
The State Council (Section of Administration) heard,
Decrete:
Article 1-2 of the aforementioned Decree 17 January 1986 is amended as follows:
1° In the third paragraph, after the words: "at the trial period", the words: "to the non-renewal of the contract of persons invested with a trade union mandate" are inserted;
2° The third paragraph is supplemented by a sentence as follows:
"The administration shall bring to the attention of the boards the reasons which, if any, prevent the reclassification of the officer under the conditions set out in 3° of Article 17 and 45-5. »
Section 1-3 of the same Order is replaced by the following provisions:
"Art. 1-3.-The amount of compensation shall be determined by the administrative authority, taking into account, inter alia, the duties occupied, the qualification required for their exercise, the qualification held by the officer and his experience.
"Indeterminate employees' salaries are subject to re-evaluation at least every three years, particularly in view of the results of professional interviews provided for in section 1-4 or the evolution of duties.
"The remuneration of employees recruited on a fixed-term contract with the same employer, pursuant to sections 4 and 6 of the Act of 11 January 1984, is subject to re-evaluation at least every three years, provided that this period has been carried out on a continuous basis, particularly in the light of the results of the professional interviews provided for in section 1-4 or the evolution of the duties. »
Article 9 of the same decree is replaced by the following provisions:
"Art. 9.-The contract or undertaking may include a trial period that allows the administration to assess the officer's skills in his or her work and the officer to assess whether the duties are appropriate to him or her.
"However, no trial period may be provided where a new contract is entered into or renewed by the same administrative authority with the same officer to perform the same functions as those provided for in the previous contract, or to occupy the same job as that previously occupied.
"The initial duration of the trial period may be modified by a working day per week of contract duration, within the limit:
"-of three weeks when the original contract period is less than six months;
"-a month where the original contract duration is less than one year;
“-two months where the original contract period is less than two years;
“-of three months when the original contract period is greater than or equal to two years;
"-of four months in the contract is concluded for an indefinite period.
"The trial period may be renewed once for a period of not more than its original duration.
"The trial period and the possibility of renewing it are expressly stipulated in the contract or undertaking.
"The termination in progress or at the end of the trial period can only occur after a prior interview. The termination decision shall be notified to the person concerned by a registered letter with a request for notice of receipt or by a hand-delivered letter against discharge.
"No notice period is required when the decision to terminate the contract is in progress or at the expiry of a trial period.
"The termination during a trial period must be motivated.
"The termination during or on the expiry of a trial period does not result in the payment of compensation under Part XII. »
In the first paragraph of Article 10 of the same Decree, after the words: "as a result of the administration", the words are inserted: "in particular because of the definition by the head of service of the annual leave schedule".
Article 16 of the same decree is amended as follows:
1° In the second paragraph, the word "or" is deleted;
2° In the second paragraph, the words: "be terminated if the inability to work is permanent;" are deleted;
3° At the end of the second preambular paragraph, a sentence should read:
"The provisions of the 3rd of Article 17 shall apply to it when the inability to work is permanent. »
Article 17 of the same decree is thus amended:
1° The third paragraph of the second paragraph is supplemented by the words: "in accordance with the terms set out in the third paragraph of the same article";
2° The 3° is replaced by the following:
« 3° After sick leave, severe illness, injury to work, occupational illness or maternity, paternity or adoption, when it was medically found by the registered physician that an officer is permanently incapacitated to work, termination can only be pronounced when the reclassification of the officer in a job other than a job Act No. 84-16 of 11 January 1984 allows to be filled by a contractual agent and in accordance with the legal provisions governing the recruitment of such officers, is not possible.
“(a) This reclassification applies to staff recruited for permanent needs by indefinite contract or fixed-term contract where the term of the term is after the date on which the reclassification request is made. The reclassification is then proposed for the remaining period before the contract term.
"It is carried out on a job in the same hierarchical or default category, and subject to the express agreement of the agent, a job in a lower class.
"The proposed job is adapted to the health of the agent and compatible with its professional skills. The proposal takes into account, for this purpose, the medical recommendations regarding the ability of the agent to perform other functions in his or her administration.
"The reclassification offer relates to the employment of services under the authority that recruited the officer. The proposed reclassification offer to the agent is written and accurate;
“(b) When the administration intends to terminate a final physical incapacity agent, it shall summon the person concerned to a prior interview in accordance with the terms defined in section 47. At the end of the consultation of the parity advisory board provided for in Article 1-2, the Commission shall notify the Commission of its decision by registered letter with request for notice of receipt or by hand-delivered letter against discharge.
"This letter specifies the reason for the termination and the date on which the termination must take place, taking into account the remaining annual leave entitlements and the period of notice provided in section 46.
"This letter also invites the interested party to submit a written request for reclassification, within half of the period of notice provided for in section 46 and indicates the conditions under which reclassification offers are likely to be sent to it.
"The agent may give up at any time for the notice referred to in the second paragraph of the b;
"(c) In the event of reclassification, the termination or modification of the prior contract of the agent shall not apply to the termination of the contract under Chapter I or to the termination provisions in Chapter II of Title XI;
"(d) When the officer refuses the benefit of the reclassification procedure or in the event that a request is not made within the period specified in the last paragraph of the b, the officer shall be terminated at the end of the notice provided for in section 46;
“e) In the case that the officer has made an application for reclassification and where the reclassification cannot be proposed before the notice provided for in section 46 is issued, the officer shall be placed on leave without pay, at the end of that period, for a maximum of three months pending reclassification under the conditions provided for in section 46;
"The employee's placement on leave without pay suspends the effective date of termination. A certificate of suspension of the employment contract by the administration is issued to the agent.
"The officer may at any time, during the three-month period referred to in the first paragraph of the e, return to his reclassification request. He is then fired.
"In the event of refusal of employment proposed by the administration or in the event of impossibility of reclassification at the end of the leave without pay for three months, the officer is terminated. » ;
3° The same article is supplemented by a sub-item:
« 5° The termination may not take place without the person concerned being able to request the communication of his medical file and his individual file. »
The third paragraph of Article 18 of the same Decree is supplemented by a sentence thus written: "This referral does not extend the duration of the fixed-term contract. »
After Article 44-1 of the same decree, a chapter is inserted as follows: "Chapter I.-Fin of the contract".
Article 45 of the same above-mentioned decree is thus amended:
1° The second sentence of the fifth paragraph is deleted;
2° The sixth preambular paragraph is replaced by two sub-items:
"The notification of the decision must be preceded by an interview where the contract is likely to be renewed for an indefinite period or where the duration of the contract or all contracts entered into to meet a permanent need is greater than or equal to three years.
"For the determination of the duration of the notice period, the duration of the appointment referred to in the second, third and fourth paragraphs shall be deducted in the light of all contracts with the agent, including those made prior to an interruption of duties, provided that the interruption does not exceed four months and is not due to a resignation of the agent. »
After Article 45 of the same decree, an article 45-1 is inserted as follows:
"Art. 45-1.-The non-renewal of a residence permit, the loss of civic rights or the prohibition of public employment by court decision on the basis of theArticle 131-26 of the Criminal Code shall be entitled to terminate the contract without notice or payment of compensation under Part XII.
"However, the officer may apply to the recruiting authority that collects the notice of the parity advisory board provided for in section 1-2, for re-employment, in the event of the issuance of a new residence permit, following the period of deprivation of civic rights or the period of prohibition of public employment, subject to the provisions of section 33 of this decree. »
After Article 45 of the same decree, a chapter is inserted as follows:
“Chapter II
« Termination
"Art. 45-2.-The contracting agent may be terminated for reasons of professional insufficiency. The officer must first be able to request the communication of all documents in his or her individual file, within a sufficient time limit to allow the individual to become aware of them. The right to communication also applies to any document on which the administration intends to base its decision, even if it is not on the individual file.
"Art. 45-3.-Without prejudice to the provisions relating to dismissal for disciplinary misconduct, for professional insufficiency or for physical incapacity, the termination of a contract officer recruited to meet a permanent need must be justified by one of the following reasons:
« 1° The removal of the need or employment that justified the recruitment of the agent;
« 2° The transformation of the need or employment that justified the recruitment, when the adaptation of the agent to the new need is not possible;
« 3° Recruitment of an employee when it comes to a job subject to the rule set out in section 3 of the Act of 13 July 1983 referred to above;
« 4° The refusal by the agent of a modification of a substantial element of the proposed contract under the conditions set out in section 45-4;
« 5° The impossibility of re-employment of the officer, under the conditions set out in section 32, on leave without pay.
"Art. 45-4.-In the event of a change in the need or employment that has justified the recruitment of the contracted agent for a permanent need, the administration may propose the modification of a substantial element of the contract of work such as the quotity of the officer's work time, or a change in his place of work. It may propose under the same conditions a modification of the functions of the agent, provided that the agent is compatible with the professional qualification of the agent. When such an amendment is considered, the proposal shall be sent to the agent by registered letter with notice of receipt or by hand-delivered letter against discharge.
"This letter informs the agent that he has one month from the date of his receipt to make known, if any, his acceptance.
"If there is no response within one month, the agent is deemed to have refused the proposed amendment.
"Art. 45-5.-I.-The termination for one of the reasons provided for in 1° to 4° of Article 45-3 can only be pronounced when the reclassification of the agent, in another job than the reclassification of the agent Act No. 84-16 of 11 January 1984 permits to be provided by a contracting officer and in accordance with the legal provisions governing the recruitment of non-registrant officers, is not possible. This reclassification applies to staff recruited for permanent needs by indefinite contract or fixed-term contract where the term of the term is after the date on which the reclassification request is made. The reclassification is then proposed for the remaining period before the contract term.
"It is carried out on a job in the same hierarchical or default category, and subject to the express agreement of the agent, a job in a lower class.
"The reclassification offer relates to the employment of services under the authority that recruited the officer. The proposed reclassification offer to the agent is written and accurate. The proposed job is compatible with its professional skills.
"II.-When the administration intends to dismiss an agent for one of the reasons referred to in I of this section, it shall summon the person concerned to a prior interview in accordance with the terms and conditions defined in section 47. At the end of the consultation of the parity advisory board provided for in Article 1-2, the Commission shall notify the Commission of its decision by registered letter with request for notice of receipt or by hand-delivered letter against discharge.
"This letter specifies the reason(s) for termination and the date on which the termination is to take place, taking into account the remaining annual leave entitlements and the period of notice provided for in section 46.
"This letter also invites the interested party to submit a written request for reclassification, within half of the period of notice provided for in section 46 and indicates the conditions under which reclassification offers are likely to be sent to it.
"III.-In the event of reclassification, the provisions relating to the termination of the contract under Chapter I and those relating to termination under Chapter II shall not apply to the termination or modification of the prior contract of the agent.
"IV.-Where the agent refuses the benefit of the reclassification procedure or in the event of an absence of a request made within the period specified in the third paragraph of II, the officer is terminated after the notice provided in section 46.
"V.-In the case that the officer has made an application for reclassification and where the reclassification is not available before the notice provided for in section 46, the officer shall be placed on leave without pay at the end of that period for a maximum of three months, pending reclassification under the conditions provided for in I.
"The employee's placement on leave without pay suspends the effective date of termination. A certificate of suspension of the employment contract by the administration is issued to the agent.
"The officer may at any time, during the three-month period referred to in the first paragraph of the V, return to his reclassification request. He is then fired.
"In the event of refusal of employment proposed by the administration or in the event of impossibility of reclassification at the end of the leave without pay for three months, the officer is terminated. »
The last paragraph of Article 46 of the Decree is replaced by the following provisions:
"The notice does not apply to termination cases provided for in section 9 and title X."
Article 47 of the same decree reads as follows:
"Art. 47.-The termination can only take place after a prior interview. The pre-maintenance summons is carried out by registered letter or hand-delivered letter against discharge. This letter indicates the purpose of the summons.
"The prior maintenance may not take place less than five working days after the submission of the recommended letter or the proper handover of the summons letter.
"The agent may be accompanied by the person or persons of his choice.
"In the course of the pre-examination, the administration shall inform the officer of the reasons for termination and, where appropriate, the time period for which the agent must submit his written request for reclassification and the conditions under which reclassification offers are presented. »
After Article 47 of the same decree, two articles 47-1 and 47-2 are inserted as follows:
"Art. 47-1.-Where at the end of the consultation with the parity advisory board provided for in section 1-2 and the prior maintenance provided for in section 47, the administration decides to terminate an agent, it shall notify the employee of its decision by registered letter with request for notice of receipt or by hand-delivered letter against discharge. This letter specifies the reason(s) for termination, as well as the date on which the termination must take place, taking into account the remaining annual leave entitlements and the period of notice.
"Art. 47-2.-The consultation of the parity advisory board provided for in Article 1-2 shall intervene before the pre-examination referred to in Article 47 in the event of termination of an agent:
« 1° sitting in an advisory body in which the participation of government officials and officials of the State is exercised;
« 2° Having obtained in the preceding twelve months this termination a special authorization of absence granted under theArticle 13 of Decree No. 82-447 of 28 May 1982 the exercise of the right to organize in the public service;
« 3° Benefiting from a discharge of service activity granted under Article 16 of the same decree equal to or greater than 20% of its working time.
"This consultation is also required in the event of termination of the former staff representative referred to in 1°, during the twelve months following the expiration of his or her term of office, or the non-elected candidate, for a period of six months after the date of the election for the creation or renewal of the advisory body in which the participation of government officials and officials of the State is exercised. »
Article 50 of the same decree is repealed.
Article 52 of the same decree is supplemented by two paragraphs as follows:
« 5° is reclassified according to the provisions set out in c of 3rd of Article 17 or in III of Article 45-5;
« 6° Accepts an amendment to its contract under the conditions set out in section 45-4. »
Article 55 of the same decree is thus amended:
1° The first paragraph is replaced by the following:
"The period taken into account for the calculation of the amount of compensation set out in section 54 shall be deducted from the date on which the contract was initially entered into until the effective date of termination, taking into account, if any, the remaining annual leave entitlements and the period of notice. When several contracts have passed with the same employer without interruption or with an interruption not exceeding two months and the latter is not due to a resignation of the agent, the initial date to be taken into account is the date on which the first contract was entered into. » ;
2° After the first preambular paragraph, a second preambular paragraph is inserted:
"The services cannot be taken into account when they have been selected in calculating a previous termination allowance. »
I. - For contracts in progress on the date of publication of this Order, contract periods prior to that date shall be taken into account for the calculation of the three-year period provided for in this Order.article 1-3 of the decree of 17 January 1986 referred to above in its drafting of this decree.
II. - Procedures for termination of contract and termination prior to the publication of this decree shall be governed by the rules of decree of 17 January 1986 referred to above in their writing before that of this decree.
III. - Reclassification procedures mentioned in the decree of 17 January 1986 referred to above in its drafting of this decree shall apply only to the termination proceedings initiated after the date of publication of this decree.
The Minister of Finance and Public Accounts and the Minister of Decentralization and Public Service are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on November 3, 2014.
Manuel Valls
By the Prime Minister:
Minister of Decentralization and Public Service,
Marylise Lebranchu
Minister of Finance and Public Accounts,
Michel Sapin
