Question 36382 — civil servants and public agents

Summary

Ms. Marion Lenne questions the Minister of Transformation and the Public Service on article 25 of Law No. 2019-828 of August 6, 2019. This article establishes the principle of portability of the indefinite-term contract between the three sides of the public service. This article aims to facilitate transfer movements of state civil servants by allowing the administration to define, under conditions provided for by decree in Council of State, minimum and maximum durations of occupation of certain jobs. However, this maximum duration of occupation of a public service job previously only existed for less than ten specific state bodies out of the 299 existing, with an obligation to be assigned to the original body at the end of the maximum duration. However, III of Article 25 does not specify the future of the civil servant at the end of his maximum duration. of occupation, which creates a legal vacuum. Decree No. 2019-1265 of November 29, 2019 relating to management guidelines did not provide any additional indication on the statutory position at the end of this maximum duration. A response from the Ministry of Transformation and Public Service to the question written by a senator, registered under number 14518 of February 27, 2020, specified that “the system of minimum durations or maximum has no impact on the principle which specifies that any active civil servant has from his status the right to receive, within a reasonable time, an assignment corresponding to his grade, that is to say to be assigned to a job or temporarily placed in the process of being assigned, to carry out, for example, a mission. The MP therefore wishes to know on what legal basis the temporary mission will be defined, the assignment body and the assignment in grade at the end of the maximum duration of employment envisaged in article 25 III of law no. 2019-828. She wonders whether the grade assignment will be made in the original body, inter-ministerial, or inter-civil service.

Machine translation from French. The official text remains authoritative.

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