Public Service Transformation: What Will Change with New Legislation

The Act provides, inter alia:

• The abolition of derogations from the legal hours of work (35 hours per week) in force in certain regional and local authorities, within one year of the renewal of the legislative assemblies. Specific working arrangements (night work, heavy or dangerous work, etc.) are not covered.
• The establishment of a mechanism, through negotiation and conclusion of an agreement, to define the minimum conditions for the exercise of certain public services in the event of a strike by public officials in the territorial civil service.
• The possibility for contract agents who change public service to retain their permanent contract (CDI) and the portability of the rights of the personal training account in the event of mobility in the private sector.
• Strengthening the obligations of territorial officials temporarily deprived of employment (FMPE) to encourage their return to employment.
• The creation of caregiving leave.
• The sharing of the family supplement in case of alternate custody.
• The abolition of the day of sick leave for pregnant women and the maintenance of the compensation scheme for territorial agents during maternity, paternity or adoption leave.
• Aligning public sector apprentice remuneration rules with those of the private sector and securing the recruitment of apprentices in paramedical pathways.
• Enabling the government to legislate by ordinance within 15 months of the publication of the law in order to promote, at the national and local levels, the conclusion of negotiated agreements in the public service.
• Empowering the government to legislate by decree within 12 months of the publication of the law to redefine the participation of administrations in the financing of the guarantees of complementary social protection of their staff and the conditions of membership or subscription of agents.

Certain measures will be the subject of implementing decrees to enter into force on 1^er January 2020:

• The recasting of the social dialog bodies with the replacement of the Technical Committee (TC) and the Committee on Health, Safety and Working Conditions (CHSCT) by a single body, the Social Administrative Committee, and with the refocusing of the powers of the Administrative Commissions (CAP) on exceptional situations (disciplinary procedures, appeals...) and no longer on individual decisions (transfers, mobilities...).
• Expanding the use of the contract for recruitment in managerial and permanent posts in categories A, B and C.
• The creation of the project contract allowing the hiring of an agent on specific ad hoc missions for a minimum period of one year and up to a maximum of six years.
• The creation of a contractual termination arrangement on the basis of mutual agreement between a permanent official and his employer entitling him to severance pay and unemployment insurance.
• The abolition of the Ethics Commission, whose powers are taken over by the High Authority for the Transparency of Public Life.