Question 6281 — civil servants and public agents

Summary

Ms. Florence Herouin-Léautey draws the attention of the Minister of Public Action, Civil Service and Simplification to the restrictive effects of Article 8 of Decree No. 2019-1593 of December 31, 2019 relating to conventional termination in the public service. This decree prohibits a public official who has benefited from a conventional termination from re-entering the public service, including as a contractual employee, for a period of six years, except to reimburse the compensation received for this termination. This provision aims to prevent agents from voluntarily leaving their post with compensation and then quickly returning to the public service, which could be perceived as an abusive use of the system. However, this measure may have unintended consequences. For example, a former school teacher who left her position in 2021 via a conventional termination, following a burn-out, is today refused any contractual position in the state civil service, despite his desire to serve again. This situation raises a question of consistency between mobility and retraining policies and the existing regulatory framework, especially since administrations are facing a lack of attractiveness and tension in certain professions. By elsewhere, the conventional termination system in the civil service is still in the experimental phase until December 31, 2025, in accordance with article 72 of law no. 2019-828 of August 6, 2019 on the transformation of the civil service. In view of these elements, it wishes to know whether the Government is considering an evolution of the regulatory framework, in particular a revision of article 8 of the aforementioned decree, in order to allow a return progressive in the public service for the agents concerned, in line with the needs of the services.

Machine translation from French. The official text remains authoritative.

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