Question 15217 — territorial civil service

Summary

Mr. Emmanuel Duplessy draws the attention of the Minister of Action and Public Accounts to the consequences of the application of the annual working time set at 1,607 hours in the territorial civil service, in particular concerning the taking into account of public holidays in annualized work cycles. Since decrees n° 2000-815 of August 25, 2000 and n° 2001-623 of July 12, 2001, the annual duration of effective work in the function public is set at a maximum of 1,607 hours. This calculation is based in particular on the flat-rate deduction of 8 public holidays falling on average on working days. However, in practice, many local authorities continue to apply legal references prior to the 35 hours, in particular written question no. 69071 of May 27, 1985, the circular of March 22, 1995 as well as the decisions of the Council of State of January 21, 1991 and 16 October 1998, to consider that a public holiday falling on a day not usually worked does not give rise to any recovery. However, these references were developed before the establishment of the annual ceiling of 1,607 hours and before the flat-rate integration of public holidays in the annual calculation of working time. This situation now leads certain agents to work an effective annual duration of more than 1,607 hours. For example, when an agent works four days and a public holiday coincides with his weekly rest day, he loses the benefit of the public holiday without compensation, unlike an agent placed in a different cycle. In 2026, May 1 falling on a Friday, an agent whose weekly rest is set for that day could thus work up to 1,614 hours per year. This therefore raises a difficulty today with regard to the principle of equality between public officials as well as compliance with the regulatory ceiling of 1,607 hours. He therefore asks him if he considers that the legal references prior to the 35 hours remain fully applicable in the current framework of the annualization of working time, but also how he assesses the situation of agents forced to actually exceed 1,607 hours due to the loss of public holidays. Finally, he asks whether regulatory clarification or harmonization of the practices of local authorities is envisaged in order to guarantee effective compliance with the maximum annual working time.

Machine translation from French. The official text remains authoritative.

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