Public Administration, Civil Service and Labour Law Fundamentals
This domain tests the boundary between two regimes: the statutory civil servant governed by the general statute of the public service, and the contractual employee governed by the labour code. Most questions hinge on knowing which regime applies.
The civil service (Ordonnance 06-03)
- Career-based system: recruitment by concours, equality of access, merit, publicity of vacancies; a probationary period precedes titularisation.
- Statutory positions include activity, détachement, disponibilité, position under the colours and long-term sick leave; each has its own effect on advancement and pension rights.
- Pay = index-linked basic treatment plus indemnities and bonuses; advancement by échelon and by grade.
- Discipline is graduated; a conseil de discipline must hear the official before a serious sanction, and the right to defence is guaranteed.
The labour code (Loi 90-11)
- The CDI is the normal form; the CDD is reserved for temporary or specific tasks and cannot be used to fill a permanent post indefinitely.
- A trial period, a written contract, pay slips and registration with the CNAS are compulsory.
- Dismissal requires a valid motive and a procedure; notice length and severance follow the statute and the collective agreement.
- Protected categories (pregnant workers, staff representatives) benefit from reinforced procedure.
- Collective relations: convention collective, délégués du personnel, unions, regulated strike; the labour inspectorate attempts conciliation before litigation.
Worked example
A hospital employee has worked three years on successive fixed-term contracts and claims a permanent post. Reasoning: the post is permanent, so the CDD chain is irregular; but the labour code does not convert the contract automatically into a civil-service post - access requires the concours. The employee may claim reclassification and compensation for the irregular use of fixed-term contracts, not titularisation.
Traps that cost marks
Applying the labour code to a civil servant (the statute prevails); treating détachement as resignation; assuming a CDD becomes permanent by mere passage of time; forgetting that dismissal without a valid motive is abusive and gives rise to damages.
Key points
- Ordonnance 06-03 governs civil servants: concours, probation, titularisation, statutory positions.
- Serious disciplinary sanctions require a conseil de discipline and rights of defence.
- Loi 90-11 governs contractual employment: CDI as the norm, restricted CDD.
- Dismissal needs a valid motive and a procedure; otherwise it is abusive.
- Détachement, disponibilité and position under the colours are distinct statutory positions.
- The labour inspectorate conciliates before any court action.