Question 1145 — territorial civil service

Summary

Mr. Régis Juanico questions the Minister of Action and Public Accounts on the application of the offense of obstructing the territorial public service. For an employer, the offense of obstruction is the act of undermining the exercise of the right to organize, the designation of staff representative bodies or the exercise of the missions and functions of staff representatives. This offense is defined by several provisions of the labor code (articles L. 2146-1, L. 2316-1, L. 2328-1, L. 4742-1 of the labor code in particular). Its implementation is often associated with the functions of the labor inspector (art. L. 8113-3 of the labor code) who remains the police authority of reference for the application of the provisions of the labor code. This codification is explained by historical reasons linked to the construction of the labor code and the successive addition of legislative provisions of circumstances intended to protect employees and representative bodies. The offense of obstruction contributes to the protection of a constitutional freedom (the right to organize), the aim of which is to primarily protect union representatives in general, whether they are private law employees, public employees, local or hospital civil servants. The emergence of a set of new rules applicable to the civil service during of the last thirty years (CHSCT, CT, CAP, trade union rights) largely inspired by social law presuppose the establishment of legal rules to protect those who take the risk of representing agents and to impose the establishment of the joint structures necessary for social dialogue. However, in recent years, certain union organizations have reported an increase in behavior by local elected officials that could be considered as obstruction offences. Also, he would like to know the Government's intentions regarding a possible extension to all public officials and civil servants of the provisions of the labor code relating to the protection of the right to organize and thus establish equal treatment between employees and civil servants in this area.

Machine translation from French. The official text remains authoritative.

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