Right to strike in the public service
Verified 09 January 2024 - Legal and Administrative Information Directorate (Prime Minister)
Would you like to know the legal framework in which you can exercise your right to strike? Here are the essential rules. The rules differ depending on whether you are in the State (SOE) or Territorial (FPT) Public Service or Hospital (HPF) Public Service.
EPF
The strike is a collective and concerted cessation of work.
It must have as its object the defense of professional interests.
The right to strike is recognized to public officials.
However, it is subject to certain limitations.
Some forms of strike are forbidden :
- Rotating strike (termination of work by concerted rotation of the different sectors or occupational categories of the same administration or service so that the number of staff is never full in order to slow down the work and disrupt the service)
- Political strike not justified by professional motives
- Strike on the job with occupation and blockage of the working rooms
Reminder
The beaded strike and the zeal strike which consist of short and repeated work stoppages and concerted slowdowns in the performance of tasks do not constitute strikes by law.
Participating in it is a misconduct that may warrant disciplinary action.
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General case
State public officials have the right of strike.
Active officers of the National Police
Public servants assets of the National Police are not entitled to to strike.
This applies to personnel belonging to the following bodies:
- Design and Management Corps (Police Commissioners)
- Command Corps (police officers)
- Managerial and Enforcement Corps (Peacekeepers), commonly referred to as corps of officers and guards
Officials of the decentralized services of the prison administration
Officials of the decentralized services of the prison administration are not entitled to to strike.
This concerns the management, supervision, administration and stewardship, educational and probation, technical and vocational training staff of the decentralized prison administration.
Ministry of the Interior communications staff
Officials from the Ministry of the Interior's Technician Corps and Information and Communication Systems Corps are not entitled to to strike.
Judicial Magistrates
Judicial magistrates are not entitled to to strike.
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General case
The strike must be preceded of a notice.
The notice is a written information transmitted by one or more trade union organizations to theemployer's administration for warn him that a strike is being contemplated.
The notice must be issued by one or more trade union organizations representative at national level, in the occupational category or theadministration or the service concerned.
The notice shall specify the motives the use of strike action, its geographical field, thestart time and the duration limited or not of the proposed strike.
The notice must be received 5 free days before triggering from the strike to the hierarchical authority or management of the administration concerned.
During the period of notice, the trade unions and the employer's administration must negotiate.
If this obligation of prior notice is not complied with, the administration may impose disciplinary sanctions against the striking agents.
Pre-primary or primary school teacher
The notice of strike nursery and elementary school teachers must be preceded of a pre-negotiation between the representative trade union organization(s) and the State.
The trade union organization which intends to give notice of a strike shall inform the administration of any professional demands which lead to the use of a strike and the teaching staff concerned being considered.
This information shall be given in writing by any means which makes it possible to attest to the date of the notification.
Depending on the nature of the claims, this information letter is sent to the minister, the rector of the academy or the academic director, depending on their qualifications.
The administrative authority shall receive the representatives of the trade union organization within 3 days of receipt of the information letter.
The 2 parts have 8 free days from the receipt of the information letter for to complete the pre-negotiation.
Only up to 4 members of the trade union organization may participate in this meeting.
Where several trade union organizations have indicated separately their intention to file a notice of strike for similar claims, they may be joined together.
In this case, only a maximum of 3 representatives from each of them may then participate in the meeting.
The number of representatives of the administration may not exceed the number of representatives of the trade unions.
Before 1re prior negotiation meeting, the administrative authority shall forward to the trade union organization any information that may clarify the respective positions of the two parties.
One statement of findings negotiations shall be established by the administrative authority and proposed for signature by representatives of the trade union organization.
That statement of findings shall contain at least information following:
- Reasons for considering the filing of a strike notice, corresponding claims and personal claims concerned
- Conditions governing the organization and conduct of the preliminary negotiations
- Nature of the information and responses provided by the administrative authority
- Final positions of the Parties and list of points of agreement and disagreement
- Where appropriate, the conditions under which individual strike declarations by staff will be transmitted to the administrative authority
The administrative authority shall, by any means of its choice, communicate the statement of conclusions to the teachers concerned.
In case ofnegotiation failure, the trade unions shall lodge a strike notice.
The notice specifies the motives the use of strike action, its geographical field, thestart time and the duration limited or not of the proposed strike.
He has to come 5 clear days before the strike the hierarchical authority or management of the administration concerned.
Teachers must make known to their hierarchical authority if they are striking or not at least 48 hours before the strike began.
This period must include at least 1 working day.
FYI
A public official is not obliged to stop work for the duration of the notice. He can stop or resume work at any time.
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Services subject to minimum service
Some public officials must provide a minimum service. For example, Meteo France agents.
Air Navigation Services
In the event of a strike in air navigation services, the following tasks shall be performed in all circumstances:
- Continuity of government action and execution of national defense missions
- Preservation of France's vital interests or needs and respect for its international commitments, in particular the right to fly over the territory
- Tasks necessary for the safeguarding of persons and property
- Maintaining links to avoid the isolation of Corsica and overseas communities
- Safeguarding of air navigation services facilities and equipment
Air traffic controllers, which are essential for the performance of those tasks, to remain in office throughout the strike. One ministerial order define which agents are relevant to their functions.
When a strike notice is given by a trade union organization, any employee who performs control, flight information and alerting functions and whose absence may have a direct effect on the performance of the flights must declare himself on strike no later than noon the day before each day of strike.
An officer who has declared himself to be a striker and who then gives up his participation in the strike shall inform his manager of this no later than 6 p.m. the day before the day before the strike. This information is not necessary when the strike does not take place or when the start of the service is consecutive to the end of the strike.
In the light of the statements made by the officers, the Directorate General of Civil Aviation (DGAC) decides whether to proceed and at the latest at 18:00 the day before each strike day, with the setting up of the minimum service (tour de service) on the strike day.
The organization of the minimum service shall be defined after consulting the administrative social committee.
If the DGAC decides not to implement the minimum service, air traffic controllers shall no longer be required to remain in office except those exercising authority functions.
Strike days are defined as each separate 24-hour period from the strike start time.
The information obtained from the individual statements of the staff may be used only for the organization of the activity during the strike, to inform passengers of the adjustments to air traffic following the strike movement and, anonymised, for the information of the trade unions.
They shall be covered by professional secrecy.
If an officer does not declare himself on strike within the prescribed time limit and goes on strike, he is liable to disciplinary action.
Pre-primary or elementary school teacher
In the event of a strike by teachers of a nursery or elementary school, a free childcare service shall be set up by the municipality if at least 25% teachers are on strike.
Requirement
In the event of a strike which seriously undermines the continuity of the public service or the needs of the population, certain staff members may be requisitioned.
The requisition may be decided by ministers, prefects or directors of structures meeting an essential need.
The administrative authority must specify the reasons which lead it to requisition striking staff.
Requisition may be subject to appeal to the administrative court.
Reminder
A striking officer is not obliged to inform his administration of his intention to strike. However, a nursery or elementary school teacher or an official of a structure subject to minimum service must inform his administration in advance of his intention to strike.
The absence of service gives rise to a restraint equal to 1/30me of pay per day of strikeeven if the duration of the strike is less than the full day.
The deduction is calculated on the total remuneration: index salary, residence allowance, bonuses and allowances.
Premiums paid annually are included in the basis for calculating the deduction.
They must be reduced to an average monthly equivalent, based on the amount paid in the previous year, to calculate the amount of 30me to remember.
However, the family treatment supplement (FTS) is maintained in full.
Refunds of expenses are also not included in the deduction.
The restraint shall not exceed attachable percentage of earnings.
There is no provision requiring that the deduction be made from the remuneration for the month in which the strike took place. But it has to be based on that month's remuneration.
The part of the remuneration not paid is not subject to contribution.
If the strike lasts for several consecutive days, the number of 30my is equal to the number of days from 1er inclusive day on the last inclusive day of strike.
This count applies even if, during some of these days, the staff member had no services to perform (public holidays, holidays, weekends).
For example, when an officer goes on strike on a Friday and the following Monday, he is held 4/30my.
Reminder
Unpaid and therefore unpaid strike days are not taken into account for retirement.
FPT
The strike is a collective and concerted cessation of work.
It must have as its object the defense of professional interests.
The right to strike is recognized to public officials.
However, it is subject to certain limitations.
Some forms of strike are forbidden :
- Rotating strike (termination of work by concerted rotation of the different sectors or occupational categories of the same administration or service so that the number of staff is never full in order to slow down the work and disrupt the service)
- Political strike not justified by professional motives
- Strike on the job with occupation and blockage of the working rooms
Reminder
The beaded strike and the zeal strike which consist of short and repeated work stoppages and concerted slowdowns in the performance of tasks do not constitute strikes by law.
Participating in it is a misconduct that may warrant disciplinary action.
All territorial public officials have the right to strike.
The strike must be preceded of a notice, except in municipalities with less than 10 000 inhabitants.
The notice is a written information transmitted by one or more trade union organizations to theemployer's administration for warn him that a strike is being contemplated.
The notice must be given by one or more representative trade union organizations at national level, in the occupational category or theadministration or the service concerned.
The notice shall specify the motives the use of strike action, its geographical field, thehour from the beginning and the duration limited or not of the proposed strike.
The notice must reach 5 free days before the strike the hierarchical authority or management of the administration concerned.
During the period of notice, the trade unions and the employer's administration must negotiate.
If this obligation of prior notice is not complied with, the administration may impose disciplinary sanctions against the striking agents.
FYI
A public official is not obliged to stop work for the duration of the notice. He can stop or resume work at any time.
The territorial authority and the trade unions may enter into negotiations with a view to signing an agreement to ensure the continuity of certain public services.
The trade union organizations which may take part in such negotiations shall be those which have at least one seat in the HEADING: titleContent or to CCP: titleContent or the Territorial Social Committee.
The public services involved in the negotiation are:
- Collection and treatment of household waste
- Public transport
- Assistance for the elderly and disabled
- Crèches
- Extracurricular reception
- Collective and school catering
The agreement determines the functions and the number of staff required to ensure the continuity of the public service.
It also lays down the conditions under which the organization of work is to be adapted and the staff present to be assigned in the event of foreseeable disruption of services.
The agreement is approved by the deliberative assembly (municipal, departmental, regional or board of directors).
If no agreement is reached within 12 months of the start of negotiations, the services, functions and number of staff necessary to ensure continuity of service shall be determined by deliberation.
When notice of a strike is given at a service concerned, the staff shall inform the administration of their intention to participate or not to participate at least 48 hours in advance. This 48-hour period must include at least one working day.
These individual statements may be used only for the organization of the service during the strike and shall be covered by professional secrecy. Their use for other purposes or their communication to any person other than those responsible for organizing the service may be punished by one year's imprisonment and €15,000 of fine.
The officer who has declared his intention to participate in the strike and who renounces it shall inform the administration at least 24 hours before the scheduled time of his participation.
Similarly, an officer who takes part in a strike and decides to resume service before the end of the strike informs the administration at least 24 hours before the time of its resumption.
This advance notice period is intended to enable the administration to assign the agent and organize the service.
The administration may require an officer who has declared himself to be a striker to strike for the duration of his service, if his departure while on duty may result in a risk of manifest disruption of service.
The staff member shall be liable to disciplinary action in the following cases:
- It does not inform its administration of its intention to strike
- He is on strike while on duty, although his administration had asked him to strike for the duration of his service
- He does not inform his administration on several occasions of his intention to give up striking or resume his service before the end of the strike.
Reminder
A striking officer is not obliged to inform his administration of his intention to strike.
However, a staff member working in a structure with minimum service must inform his administration in advance of his intention to strike.
The absence of service gives rise to a withholding in proportion to the duration of the strike, by comparing that period with the service obligations to which the staff member was subject during the period of strike.
Thus, the retention is equal to 1/30è for a day away, 1/60è for a half day's absence, 1/151,67è per hour of absence.
In the case of staff members on duty on 24-hour shifts followed by rest, the administration shall take into account the number of shifts not performed in relation to the average number of shifts per month.
Example :
A staff member whose service consists of 120 24-hour shifts per year, i.e. on average 10 shifts per month: if he does not perform 2 strike shifts, the deduction on pay will be equal to 2/10my the remuneration of the month in question (not 2/30my).
The deduction is calculated on the total remuneration: index salary, residence allowance, bonuses and allowances.
Premiums paid annually are included in the basis for calculating the deduction. They must be reduced to an average monthly equivalent, based on the amount paid in the previous year, in order to calculate the amount of 30me to remember.
However, the family treatment supplement (FTS) is maintained in full. Refunds of expenses are also not included in the deduction.
The restraint shall not exceed attachable percentage of earnings.
There is no provision requiring that the deduction be made from the remuneration for the month in which the strike took place. But it has to be based on that month's remuneration.
The part of the remuneration not paid is not subject to contribution.
If the strike lasts for several consecutive days, the number of 30my is equal to the number of days from 1er inclusive day on the last inclusive day of strike.
This count applies even if, during some of these days, the staff member had no services to perform (public holidays, holidays, weekends).
For example, when an officer goes on strike on a Friday and the following Monday, he is held 4/30my.
Reminder
Unpaid and therefore unpaid strike days are not taken into account for retirement.
FPH
The strike is a collective and concerted cessation of work.
It must have as its object the defense of professional interests.
The right to strike is recognized to public officials.
However, it is subject to certain limitations.
Some forms of strike are forbidden :
- Rotating strike (termination of work by concerted rotation of the different sectors or occupational categories of the same administration or service so that the number of staff is never full in order to slow down the work and disrupt the service)
- Political strike not justified by professional motives
- Strike on the job with occupation and blockage of the working rooms
Reminder
The beaded strike and the zeal strike which consist of short and repeated work stoppages and concerted slowdowns in the performance of tasks do not constitute strikes by law.
Participating in it is a misconduct that may warrant disciplinary action.
All hospital public officials have the right to strike.
The strike must be preceded of a notice.
The notice is a written information transmitted by one or more trade union organizations to theemployer's administration for warn him that a strike is being contemplated.
The notice must be issued by one or more trade union organizations representative at national level, in the occupational category or theadministration or the service concerned.
The notice shall specify the motives the use of strike action, its geographical field, thestart time and the duration limited or not of the proposed strike.
The notice must be received 5 free days before triggering from the strike to the hierarchical authority or management of the administration concerned.
During the period of notice, the trade unions and the employer's administration must negotiate.
If this obligation of prior notice is not complied with, the administration may impose disciplinary sanctions against the striking agents.
FYI
A public official is not obliged to stop work for the duration of the notice. He can stop or resume work at any time.
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Services subject to minimum service
Hospital workers may be required to provide a minimum service.
It is the warden who is responsible for organizing the minimum service.
Assignment
The director of a hospital may assign a striking agent to resume his service.
The purpose of the summons is to ensure continuity of care in the event of a strike.
The summons shall take the form of an individual letter from the administration addressed to the staff member concerned.
Requirement
In the event of a strike which seriously undermines the continuity of the public service or the needs of the population, certain staff members may be requisitioned.
The requisition may be decided by the prefect.
The prefect must specify the reason for resorting to requisition.
It may be the subject of a appeal to the administrative court.
Reminder
A striking officer is not obliged to inform his administration of his intention to strike.
However, a staff member working in a minimum-duty structure must inform his administration in advance of his intention to strike.
The absence of service gives rise to a withholding in proportion to the duration of the strike, by comparing that period with the service obligations to which the staff member was subject during the period of strike.
Thus, the retention is equal to 1/30è for a day away, 1/60è for a half day's absence, 1/151,67è per hour of absence.
In the case of staff members on duty on 24-hour shifts followed by rest, the administration shall take into account the number of shifts not performed in relation to the average number of shifts per month.
Example :
A staff member whose service consists of 120 24-hour shifts per year, i.e. on average 10 shifts per month: if he does not perform 2 strike shifts, the deduction on pay will be equal to 2/10my the remuneration of the month in question (not 2/30my).
The deduction is calculated on the total remuneration: index salary, residence allowance, bonuses and allowances.
Premiums paid annually are included in the basis for calculating the deduction. They must be reduced to an average monthly equivalent, based on the amount paid in the previous year, in order to calculate the amount of 30me to remember.
However, the family treatment supplement (FTS) is maintained in full. Refunds of expenses are also not included in the deduction.
The restraint shall not exceed attachable percentage of earnings.
There is no provision requiring that the deduction be made from the remuneration for the month in which the strike took place. But it has to be based on that month's remuneration.
The part of the remuneration not paid is not subject to contribution.
If the strike lasts for several consecutive days, the number of 30my is equal to the number of days from 1er inclusive day on the last inclusive day of strike.
This count applies even if, during some of these days, the staff member had no services to perform (public holidays, holidays, weekends).
For example, when an officer goes on strike on a Friday and the following Monday, he is held 4/30my.
Reminder
Unpaid and therefore unpaid strike days are not taken into account for retirement.
Right to strike in public services
Articles L133-2, L133-4: Right to strike in nursery and elementary schools