What is a public service contractor?
Verified 27 September 2022 - Directorate for Legal and Administrative Information (Prime Minister)
There is no legal definition of a temporary agent.
It was the case law that clarified that notion.
Thus, the contractor is a staff member recruited for to perform a specific task, one-off and limited to the performance of specific acts and hourly wage, that is, to the task.
Unlike a contract staff member, the successful tenderer shall not be recruited to meet an ongoing need of the administration.
The individual is not recruited on a job.
He is recruited to perform a specific and ad hoc task.
The contractor therefore does not benefit from the applicable provisions contract staff in the civil service (leave, training, termination pay, etc.).
A staff member recruited on a non-full-time post shall not be a member of the temporary staff.
A non-full-time job is a permanent job.
The successive and interrupted renewal of CDDs reflects an ongoing need for administration. In this case, the staff member shall not be a member of the contract staff even if the administration so designates.
However, the administration may recruit the same contractor several times to carry out specific tasks on time.
This is the case, for example, of an interpreter who is occasionally recruited by police services to carry out specific translation tasks.
The absence of a written contract is not in itself sufficient to establish that a staff member is a member of the contract staff.
It is the duration of employment and the nature of the duties which determine whether a staff member is a member of the contract staff or a member of the contract staff.
The qualification of a contractor or contractor shall be carried out by the judge on a case-by-case basis.