Question 44210 — state civil service

Summary

Mr. Gaël Le Bohec questions the Minister of National Education, Youth and Sports on the functioning of teacher transfers and the abusive use of the civil solidarity pact (PACS) in the system. National education recognizes the civil solidarity pact as proof of a bond with a spouse. Civil servants in a civil partnership therefore have the same rights as if they were married or parents to obtain prioritization in matter of appointment or mobility. Thus, Law No. 2019-828 of August 6, 2019 on “transformation of the civil service” introduced into Law No. 84-16 of January 11, 1984 “on statutory provisions relating to the State civil service” provisions providing for the development of management guidelines by administrations in matters of mobility. Article 60 of the 1984 law as amended provides that the authority competent authority which carries out transfers of civil servants, while taking into account the needs of the service, prioritizes any civil servant separated from their spouse for professional reasons as long as the latter “is bound by a civil solidarity pact if they produce proof that they submit to the joint taxation obligation provided for by the general tax code”. Likewise, according to article 62 of the law of 1984 amended in 2019, the civil servants linked by a PACS benefit, as a priority, from the possibilities of secondment, direct integration and, where applicable, secondment. The rules governing transfers within national education thus grant a bonus to civil servants in civil partnerships which gives them an advantage compared to civil servants who acquire points, for example by teaching for several years in sensitive areas. In fact, the mutation system awards 20 points per year of seniority, plus 50 points per 4 years. At the same time, the transfer for spousal reconciliation allows you to acquire 150 points at once, to which bonuses must be added for each year of separation and even more if the departments of the two spouses do not border. The conclusion of a PACS can thus turn out to be a real godsend, to the point that websites would propose “Pacs of convenience”, which the press has reported on several occasions. Thus, the newspaper Les Échos carried out a survey in October 2021 which shows the extent of the problem. “This illegal practice is commonplace, thus underlines daily life and would not be the lot of a few reckless teachers but a fallback solution, or even an emergency solution to preserve their mental state, for many teachers who have landed in a difficult region, often far from home. [...] Other situations grant bonuses, such as years of service in REP and REP + establishments, a particular state of health or a disability situation, for the agent, his spouse or his children. None of these reasons can be falsified. With the exception of spousal reconciliation.” In view of the situation, he would therefore like to know what proportion of mutations have been granted following the contractualization of a PACS since the start of the five-year term. Finally, he would like to know if the Government plans to overhaul the method of calculating the points allowing a transfer to be granted, in order to eliminate possible salary distortions.

Machine translation from French. The official text remains authoritative.

Timeline

No timeline events have been ingested for this record yet.

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

No documents linked.

Sponsors

• Gaël Le Bohec · auteur

Related records

No cross-record relationships stored yet.