Can a public service contractor have a DTA?

Verified 13 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Depending on the reason for your recruitment and any previous public service jobs, you can be recruited either by CSD: titleContent renewable in DTA: titleContent, or directly in a DTA.

State Civil Service (EPF)

If you are recruited for the 1re If you are on a fixed-term contract for one of the following jobs or to perform one of the following functions, your fixed-term contract is for a maximum of 3 years:

  • Jobs of certain State public establishments
  • Functions for which no corresponding staff complement exists
  • Functions requiring specialized or new technical skills
  • Employment for which the administration does not have an application for an official with the relevant professional expertise or experience
  • Employment not requiring statutory training leading to establishment in a body of officials
  • Employment at incomplete time with a working week of 24 hours 30 or less.

Your CDD is renewable up to 6 years.

After 6 years, your contract can only be renewed on a DTA.

During your career, any contract concluded or renewed for one of these jobs or to occupy one of these functions is concluded or renewed on a permanent contract if you have 6 years of service on a job of the same hierarchical category.

If you reach this 6-year seniority before the end of a current CDD, your CDD is considered to be for an indefinite period.

Your employer administration sends you a proposal of amendment to your contract confirming your transition to a DTA.

If you refuse this amendment, you will be kept in CCD until its scheduled end date.

The duration of 6 years on a job of the same hierarchical category is calculated by taking into account your services performed on the following jobs or functions:

  • Employment of certain public establishments of the State
  • Functions for which no corresponding staff complement exists
  • Functions requiring specialized or new technical skills
  • Employment for which the administration does not have an application for an official with the relevant professional expertise or experience
  • Employment not requiring statutory training leading to establishment in a body of officials
  • Incomplete employment with a working week of 24 hours 30 or less.
  • Ensure the temporary replacement of an official or contract staff on part-time or leave (annual, sickness, maternity, parental, parental, etc.)
  • Provide a temporary vacancy pending the recruitment of an official
  • Dealing with a temporary or seasonal increase in activity

This period of 6 years must have been completed in full with the same ministerial department, the same public authority or the same public establishment.

Services performed on an incomplete or part-time basis shall be treated as full-time.

Services performed on a discontinuous basis are taken into account, if the interruption between 2 contracts does not exceed 4 months.

For the calculation of this interruption period of 4 months maximum between 2 contracts, the period of the health emergency is not taken into account.

Reminder

the renewal of a fixed-term contract as a fixed-term contract or a fixed-term contract is not a right. Renewal of a contract is justified by the needs of the service.

You may be recruited directly on a permanent contract without prior service conditions in one of the following positions or functions:

  • Functions for which no corresponding staff complement exists
  • Functions requiring specialized or new technical skills
  • Employment for which the administration does not have an application for an official with the relevant professional expertise or experience
  • Jobs of certain State public establishments
  • Employment not requiring statutory training leading to establishment in a body of officials
  • Employment at incomplete time with a working week of 24 hours 30 or less

If you are recruited by a state administration while you are already on a DTA in another administration State, territorial or hospital, you can be recruited in CDI if the following 2 conditions are met:

  1. Your old and new functions are same hierarchical category
  2. You are recruited for one of the following reasons:
    • Perform functions for which there is no corresponding staff complement
    • Perform functions requiring specialized or new technical skills
    • Occupy a post for which the administration does not have an application for an official with the professional expertise or experience appropriate to the tasks to be performed
    • To hold a post not requiring statutory training giving rise to establishment in a civil service corps
    • Work an incomplete job with a working week of 24 hours 30 or less.

Territorial (FPT)

If you are recruited for the 1re If you are on a fixed-term contract for one of the following jobs or for one of the following reasons, the duration of your fixed-term contract is up to 3 years:

  • Lack of a framework of posts corresponding to the functions sought
  • Absence of a civil servant who corresponds to the nature of the duties or the needs of the service
  • Employment at non-full time with a working week of less than 17.30 hours
  • Full-time or non-full-time employment of a municipality of less than 1 000 inhabitants or of a group of municipalities of less than 15 000 inhabitants
  • Full-time or non-full-time employment of a new municipality resulting from the merger of municipalities with less than 1 000 inhabitants, for 3 years after the creation of the new municipality, or up to 1er renewal of municipal council
  • Employment of a municipality of less than 2 000 inhabitants or a group of municipalities of less than 10 000 inhabitants, the creation or removal of which depends on the decision of an authority which is binding on the community or establishment (for example, the employment of a specialized territorial agent of nursery schools - Atsem - the creation or removal of which depends on the decisions of the National Education to open or close classes)

Your CDD is renewable up to 6 years.

After 6 years, your contract can only be renewed on a DTA.

During your career, any contract concluded or renewed on one of these jobs or for one of these reasons is concluded or renewed on a permanent contract if you have 6 years of service on a job of the same hierarchical category.

If you reach this 6-year seniority before the end of a current fixed term, your employer community and you can enter into a new contract for an indefinite period by mutual agreement.

If you decide not to enter into this new contract, you will be kept on CCD until its scheduled end date.

The duration of 6 years on a job of the same hierarchical category is calculated taking into account your services performed on the jobs or for the following reasons:

  • Lack of a framework of posts corresponding to the functions sought
  • Absence of a civil servant who corresponds to the nature of the duties or the needs of the service
  • Employment at non-full time with a working week of less than 17.30 hours
  • Full-time or non-full-time employment of a municipality of less than 1 000 inhabitants or of a group of municipalities of less than 15 000 inhabitants
  • Full-time or non-full-time employment of a new municipality resulting from the merger of municipalities with less than 1 000 inhabitants, for 3 years after the creation of the new municipality, or up to 1er renewal of municipal council
  • Employment of a municipality of less than 2 000 inhabitants or a group of municipalities of less than 10 000 inhabitants, the creation or removal of which depends on the decision of an authority which is binding on the community or establishment (for example, the employment of a specialized territorial agent of nursery schools - Atsem - the creation or removal of which depends on the decisions of the National Education to open or close classes)
  • Ensure the temporary replacement (including by a management center) of an official or contract staff on short-term secondment, part-time or for traineeship or preparation for a competition or on short-term leave, or on leave (annual, sick leave, maternity leave, vocational training, parental leave or parental presence, etc.)
  • Provide a temporary vacancy pending the recruitment of an official (including in the context of provision by a management center)
  • To cope with a temporary or seasonal increase in activity (including in the context of a supply by a management center)

This period of 6 years must have been completed in whole with the same community or institution.

Non-full-time and part-time services shall be treated as full-time services.

Services performed on a discontinuous basis are taken into account, if the interruption between 2 contracts does not exceed 4 months.

For the calculation of this interruption period of 4 months maximum between 2 contracts, the period of the health emergency is not taken into account.

Reminder

the renewal of a fixed-term contract as a fixed-term contract or a fixed-term contract is not a right. Renewal of a contract is justified by the needs of the service

If your community or employer institution offers you a new contract while you are already on a DTA in that community or facility, you keep the benefit of your CDI if the following 2 conditions are met:

  1. Your old and new functions are same hierarchical category
  2. You will be working in one of the following jobs or your new contract is based on one of the following reasons:
    • Lack of a framework of posts corresponding to the functions sought
    • Absence of a civil servant who corresponds to the nature of the duties or the needs of the service
    • Employment at non-full time with a working week of less than 17.30 hours
    • Full-time or non-full-time employment of a municipality of less than 1 000 inhabitants or of a group of municipalities of less than 15 000 inhabitants

    • Full-time or non-full-time employment of a new municipality resulting from the merger of municipalities with less than 1 000 inhabitants, for 3 years after the creation of the new municipality, or up to 1er renewal of municipal council
    • Employment of a municipality of less than 2 000 inhabitants or a group of municipalities of less than 10 000 inhabitants, the creation or removal of which depends on the decision of an authority which is binding on the community or establishment (for example, the employment of a specialized territorial agent of nursery schools - Atsem - the creation or removal of which depends on the decisions of the National Education to open or close classes)

Similarly, if you are recruited by a territorial community or public institution while you are already on a DTA in another administration State, territorial or hospital, you can also be recruited in CDI if these 2 same conditions are met.

Hospital (FPH)

If you are recruited for the 1re time on fixed term contracts to occupy a non-full-time employment with a working week of less than 17.30 hours or performing any of the following duties, your term of employment is up to 3 years:

  • Functions for which there is no corresponding body of hospital officials
  • Functions newly supported by the administration
  • Functions requiring highly specialized technical skills

Your CDD is renewable up to 6 years.

After 6 years, your contract can only be renewed on a DTA.

During your career, any contract concluded or renewed on a non-full-time job of less than 17:30 or to perform one of these functions is concluded or renewed on a permanent contract if you have 6 years of service on a job of the same hierarchical category.

If you reach this 6-year seniority before the end of a current CDD, your CDD is considered to be for an indefinite period.

Your employer institution sends you a proposal of amendment to your contract confirming your transition to a DTA. If

if you refuse this amendment, you are kept in CCD until its scheduled end date.

The duration of 6 years on a job of the same hierarchical category is calculated by taking into account your services performed on a non-full-time job of less than 17:30 or on any of the following:

  • Functions for which there is no corresponding body of hospital officials
  • Functions newly supported by the administration
  • Functions requiring highly specialized technical skills
  • Ensure the temporary replacement of an official or contract staff on part-time or leave (annual, sickness, maternity, parental, parental, etc.)
  • Provide a temporary vacancy pending the recruitment of an official
  • Dealing with a temporary or seasonal increase in activity

This six-year period must have been completed in full at the same establishment.

Services performed on an incomplete or part-time basis shall be treated as full-time.

Services performed on a discontinuous basis are taken into account, if the interruption between 2 contracts does not exceed 4 months.

For the calculation of this interruption period of 4 months maximum between 2 contracts, the period of the health emergency is not taken into account.

Reminder

the renewal of a fixed-term contract as a fixed-term contract or a fixed-term contract is not a right. Renewal of a contract is justified by the needs of the service.

You can be recruited directly on a permanent contract without conditions of previous service to hold a job at non-full time with a working week of less than 17.30 hours or performing any of the following duties:

  • Functions for which there is no corresponding body of hospital officials
  • Functions newly supported by the administration
  • Functions requiring highly specialized technical skills

If you are recruited by a hospital institution while you are already on a DTA in another administration State, territorial or hospital, you can be recruited in CDI if the following 2 conditions are met:

  1. Your old and new functions are same hierarchical category
  2. You are recruited to occupy a non-full-time employment working less than 17.30 hours per week or performing any of the following duties;
    • Functions for which there is no corresponding body of hospital officials
    • Functions newly supported by the administration
    • Functions requiring highly specialized technical skills