Question 38066 — territorial civil service

Summary

Mr. Hervé Pellois questions the Minister of Transformation and the Public Service on article 126 of Law No. 84-53 establishing statutory provisions relating to the territorial civil service. This provides that “contractual agents who occupy a job presenting the characteristics defined in Article 3 of Title I of the general statute are entitled to be established, at their request, in jobs of the same nature which are vacant or which will be created by the deliberative bodies of the communities or establishments concerned subject to: 1° Being in office on the date of publication of this law or benefiting on that date from leave in application of the provisions relating to the social protection of contractual agents of local authorities; 2° To have completed, on the date of submission of their application, effective services of a duration equivalent to at least two years of full-time service in one of the above-mentioned jobs; 3° To fulfill the conditions listed in Article 5 of Title I of the general statute. » Article 3 of Title I of the general statute includes permanent civil employment “of the State, regions, departments, municipalities and their public establishments of an administrative nature”, the MP would like to know whether this provision also concerns contractual caregivers in accommodation establishments for dependent elderly people (EHPAD). Article 36 of Law No. 84-53 laying down statutory provisions relating to the territorial civil service clearly states that "civil servants are recruited through competitive examinations" but uncertainty remains as to the possible exemptions concerning the tenure of contract workers, particularly in the health sector. He would therefore like to obtain clarification regarding this procedure.

Machine translation from French. The official text remains authoritative.

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