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Disciplinary sanctions in the public service
Verified 23 September 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Disciplinary penalty consisting of a letter addressed to the staff member by which the employer identifies wrongful conduct
Disciplinary action taken by order addressed to the staff member, a copy of which is included in his individual file, and by which the employer identifies wrongful conduct
Disciplinary penalty consisting of a transfer of office
In the public service, disciplinary action for misconduct (e.g., in addition to repeated delays and absences, the officer is drunk in the service)
Waiver granted to a staff member which has the effect of not effectively excluding him from service for all or part of the duration of the disciplinary penalty imposed
Formality by which a procedural document or a decision is brought to the attention of a person
A set of officials subject to the same set of rules, called special status, fixed by decree, and intended to occupy the same posts
In the event of a breach of his obligations, a public official may be subject to disciplinary action. The penalties applicable differ according to the civil service to which he belongs and according to whether he is a probationary official or a permanent or contract staff member. The most severe penalties may be imposed only after consultation of the Disciplinary Board.
What applies to you ?
State Civil Service (EPF)
Sanctions
Disciplinary sanctions applicable to the incumbent official shall be divided into four groups, ranging from the least serious to the most serious.
Group | Sanctions |
|---|---|
1er group | - Warning - Blame - Temporary exclusion from 1-3 day duties |
2è group | - Removal from the progress table - Downgrade to the next lower step than that held by the official - Temporary exclusion from 4 to 15 days of service - Office travel |
3è group | - Demotion to the grade immediately below, to the step with an index equal to or immediately below that held by the official - Temporary exclusion from 16 days to 2 years |
4è group | - Ex officio retirement - Revocation |
FYI
the removal from the progression table may also be ordered as an additional penalty to a penalty of the 2e and 3e groups.
Rights of the official being prosecuted
A staff member against whom disciplinary proceedings are initiated shall be entitled to full disclosure of his individual file and all related documents.
When the administration carries out an administrative inquiry to establish the reality of the facts alleged against the staff member, the report drawn up at the end of that inquiry shall form part of the documents to be communicated to the staff member.
If, during the investigation, hearings have been held, the minutes of the hearing must also be communicated unless such communication seriously prejudices the persons who have testified.
The staff member being prosecuted shall also be entitled to the assistance of one or more defenders of his choice.
The administration must inform him of this right.
The documents in his personal file and the supporting documents must be numbered.
Disciplinary proceedings
Disciplinary proceedings must be initiated within 3 years of the day on which the administration became aware of the facts liable to sanction.
In the case of criminal proceedings against the official, that period of three years shall be interrupted until the final decision on no further action, dismissal, acquittal, discharge or conviction has been taken. After the three-year period which may have been interrupted by criminal proceedings, the facts in question can no longer be relied on in disciplinary proceedings.
The fact that an official is on sick leave does not prevent the administration from instituting disciplinary proceedings against him.
Sanctions of 1er shall be pronounced without prior consultation of the Disciplinary Board. Other penalties may be imposed only after consultation of the Disciplinary Board.
The Disciplinary Board shall be seized by a report from the administration. The report shall indicate the facts alleged against the official and the circumstances in which they occurred.
The official shall be summoned by the chairman of the Disciplinary Board at least 15 days before the date of the meeting by registered letter with acknowledgement of receipt.
The accused official may submit written or oral observations to the Disciplinary Board and may call witnesses.
He may be assisted by one or more defenders of his choice.
He can request that his file be postponed to a future meeting.
The Disciplinary Board may defer consideration of the official's situation by a majority of the members present. Such a postponement is possible only once.
The administration may also call witnesses. Any witness may ask to be assisted by a third person of his choice if he considers himself to be the victim of discrimination or sexual or psychological harassment on the part of the official being prosecuted. This is true regardless of what the grievor is accused of.
If the Disciplinary Board does not consider itself sufficiently informed of the circumstances in which the facts occurred, it may, by a majority of the members present, order an investigation.
The Disciplinary Board shall deliberate in the absence of the official being prosecuted, his or her defense counsel(s) and witnesses. It shall take its decision by a majority of the members present. It thus takes one of the following decisions:
- Opinion in favor of the penalty proposed by the administration
- Opinion against the proposed sanction and proposal for another sanction
- Proposal not to impose sanctions.
The Disciplinary Board may also not make any proposal if a majority of the members present has not reached agreement.
In all cases, the opinion of the Disciplinary Board shall be reasoned and communicated to the official and to the administration.
The Disciplinary Board must take a decision within one month of referral to it by the administration's report. This period shall be extended to two months when an investigation is carried out. It shall also be extended by the time limit for postponement where the Disciplinary Board has responded favorably to a request for postponement of the examination of the case.
The administration is not obliged to follow the advice of the Disciplinary Board and may impose a more severe penalty. In all cases, reasons must be given for the decision.
It may decide, after obtaining the opinion of the Disciplinary Board, to make the decision on sanction and the reasons therefor public.
Temporary exclusion of functions
Temporary exclusion from office is a period during which the official is excluded from service and no longer receives any remuneration. He therefore does not acquire any pension rights during the period of exclusion.
Officials temporarily excluded from office may benefit from a reprieve total or partial.
However, in the event of temporary exclusion from office on 3e In the group, the official is compulsorily excluded from service for a minimum of 1 month, even in the event of a suspension.
The suspension shall be canceled if the official is subject, within five years of the exclusion decision, to one of the following penalties:
- Temporary exclusion from 3-day maximum jobs
- New penalty of 2e or 3e group.
The length of the exclusion for which he was suspended is then applied in full.
On the other hand, he is definitively exempted from the period of exclusion for which he was suspended, if no penalty, other than warning or reprimand, has been imposed on him during those five years.
Ex gratia or litigation
The decision to impose a penalty may be taken within two months of the date of its notification of a ex gratia and/or hierarchical appeal and/or a litigation before the administrative court.
In the case of an ex gratia or hierarchical appeal, the 2-month period for bringing proceedings before the administrative court is suspended until the administration has notified its decision.
The penalty shall remain immediately applicable even if the official lodges an appeal.
Subscription to the file
Sanctions | Agent Folder Enrollment | Condition for the cancelation of the penalty | |
|---|---|---|---|
1er group | Warning | No | Not applicable |
- Blame - Temporary exclusion from 1-3 day duties | Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period | |
2è group | - Removal from the progress table - Step reduction - Temporary exclusion from 4 to 15 days of service - Office travel | Yes | Erasure, at the request of the official, after 10 years of actual service from the date of the sanction. The administration may not refuse such a request if no penalty has been imposed during that period. The official's file shall be reconstituted in its new composition. |
3è group | - Downgrade to next lower grade - Temporary exclusion from 16 days to 2 years | Yes | Erasure, at the request of the official, after 10 years of actual service from the date of the sanction. The administration may not refuse such a request if no penalty has been imposed during that period. The official's file shall be reconstituted in its new composition. |
4è group | - Ex officio retirement - Revocation | Yes | Not applicable |
Sanctions
The disciplinary sanctions applicable to the probationer official are as follows:
- Warning
- Blame
- Temporary exclusion from office for up to 2 months
- Office travel
- Permanent exclusion from service
Rights of the official being prosecuted
A staff member against whom disciplinary proceedings are initiated shall be entitled to full disclosure of his individual file and all related documents.
When the administration carries out an administrative inquiry to establish the reality of the facts alleged against the staff member, the report drawn up at the end of that inquiry shall form part of the documents to be communicated to the staff member.
If, during the investigation, hearings have been held, the minutes of the hearing must also be communicated unless such communication seriously prejudices the persons who have testified.
The staff member being prosecuted shall also be entitled to the assistance of one or more defenders of his choice.
The administration must inform him of this right.
The documents in his personal file and the supporting documents must be numbered.
Disciplinary proceedings
The warning and reprimand shall be given without prior consultation of the Disciplinary Board.
Temporary exclusion from office for a maximum of two months, compulsory removal from office and permanent exclusion from service may be ordered only after consultation of the Disciplinary Board.
The fact that an official is on sick leave does not prevent the administration from instituting disciplinary proceedings against him.
The matter shall be referred to the Disciplinary Board by a report of the administration which shall indicate the facts alleged against the official and the circumstances in which they occurred.
The official shall be summoned by the chairman of the Disciplinary Board at least 15 days before the date of the meeting by registered letter with acknowledgement of receipt.
The accused official may submit written or oral observations to the Disciplinary Board and may call witnesses.
He may be assisted by one or more defenders of his choice.
He can request that his file be postponed to a future meeting.
The Disciplinary Board may defer consideration of the official's situation by a majority of the members present. Such a postponement is possible only once.
The administration may also call witnesses. Any witness may ask to be assisted by a third person of his choice if he considers himself to be the victim of discrimination or sexual or psychological harassment on the part of the official being prosecuted. This is true regardless of what the grievor is accused of.
If the Disciplinary Board does not consider itself sufficiently informed of the circumstances in which the facts alleged against the official occurred, it may, by a majority of the members present, order an investigation.
The Disciplinary Board shall deliberate in the absence of the prosecuted official, his or her counsel or defenders and witnesses. It shall take its decision by a majority of the members present. It thus takes one of the following decisions:
- Opinion in favor of the penalty proposed by the administration
- Opinion against the proposed sanction and proposal for another sanction
- Proposal not to impose sanctions.
The Disciplinary Board may also not make any proposal if a majority of the members present has not reached agreement.
In all cases, the opinion of the Disciplinary Board shall be reasoned and communicated to the official and to the administration.
The Disciplinary Board must take a decision within one month of referral to it by the administration's report. This period shall be extended to two months when an investigation is carried out. It shall also be extended by the time limit for postponement where the Disciplinary Board has responded favorably to a request for postponement of the examination of the case.
The administration is not obliged to follow the advice of the Disciplinary Board and may impose a more severe penalty. In all cases, reasons must be given for the decision.
It may decide, after obtaining the opinion of the Disciplinary Board, to make the decision on sanction and the reasons therefor public.
If the official is established, the administration may not initiate disciplinary proceedings in respect of events which occurred during the probationary period after three years from the day on which it became aware of them.
In the case of criminal proceedings, this period shall be interrupted until the final decision on no further action, dismissal, acquittal, discharge or conviction has been taken. After the three-year period which may have been interrupted by criminal proceedings, the facts in question can no longer be relied on in disciplinary proceedings.
Temporary exclusion of functions
Temporary exclusion from office is a period during which the official is excluded from service and no longer receives any remuneration. He therefore does not acquire any pension rights during the period of exclusion.
Where a probationary official, a holder in another body or framework of uses, shall be permanently excluded from service, and his secondment for probationary service shall be terminated. He is reinstated in his home administration, which may also initiate disciplinary proceedings against him.
Ex gratia or litigation
The decision to impose a penalty may be taken within two months of the date of its notification of a ex gratia and/or hierarchical appeal and/ora contentious appeal to the administrative court.
In the case of an ex gratia or hierarchical appeal, the 2-month period for bringing proceedings before the administrative court is suspended until the administration has notified its decision.
The penalty shall remain immediately applicable even if the official lodges an appeal.
Subscription to the file
Sanctions | Agent Folder Enrollment | Condition for the cancelation of the penalty |
|---|---|---|
Warning | No | Not applicable |
Blame | Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period |
Temporary exclusion from office for up to 2 months | Yes | Erasure, at the request of the official, after 10 years of actual service from the date of the sanction. The administration may not refuse such a request if no penalty has been imposed during that period. The official's file shall be reconstituted in its new composition. |
Office travel | Yes | Erasure, at the request of the official, after 10 years of actual service from the date of the sanction. The administration may not refuse such a request if no penalty has been imposed during that period. The official's file shall be reconstituted in its new composition. |
Permanent exclusion from service | Yes | Not applicable |
Sanctions
Disciplinary sanctions applicable to the contractor are as follows:
- Warning
- Blame
- Temporary exclusion of functions up to 3 days
- Temporary exclusion from duties from 4 days to 6 months maximum if you are in CSD: titleContent or from 4 days to 1 year maximum if you are in DTA: titleContent
- Dismissal without notice or compensation
Temporary exclusion from duties is a period during which you are excluded from service.
Temporary exclusion from office shall be unpaid.
It may be accompanied by a reprieve total or partial of a maximum duration of one month if you are on a DTA.
In the event of a further temporary exclusion from office within 5 years following 1re sanction, the stay is revoked, that is to say that the 1re exclusion period is applied.
This period is reduced to 3 years if the total duration of exclusion of the 2 sanctions does not exceed 3 days.
Rights of the accused agent
A staff member against whom disciplinary proceedings are initiated shall be entitled to full disclosure of his individual file and all related documents.
When the administration carries out an administrative inquiry to establish the reality of the facts alleged against the staff member, the report drawn up at the end of that inquiry shall form part of the documents to be communicated to the staff member.
If, during the investigation, hearings have been held, the minutes of the hearing must also be communicated unless such communication seriously prejudices the persons who have testified.
The staff member being prosecuted shall also be entitled to the assistance of one or more defenders of his choice.
The administration must inform him of this right.
The documents in his personal file and the supporting documents must be numbered.
Disciplinary proceedings
Disciplinary proceedings must be initiated within 3 years of the day on which the administration became aware of the facts liable to sanction.
In the case of criminal proceedings against the staff member, this period of three years shall be interrupted until the final decision to dismiss, dismiss, acquit, discharge or convict has been taken. After the three-year period which may have been interrupted by criminal proceedings, the facts in question can no longer be relied on in disciplinary proceedings.
The fact that a staff member is on sick leave shall not prevent the administration from instituting disciplinary proceedings against him.
The warning and the reprimand shall be given without prior consultation of the CCP: titleContent.
Temporary dismissal from office and dismissal, without notice or compensation, may be ordered only after consultation with the CPC.
The CCP shall be seized by a report from the administration setting out the facts alleged against the officer and the circumstances in which they occurred.
Any witness may ask to be assisted by a third person of his choice if he considers himself to be the victim of discrimination or sexual or psychological harassment on the part of the accused officer. This is true regardless of what the officer is accused of.
Reasons must be given for the decision imposing the penalty.
Ex gratia or litigation
The decision to impose a penalty may be taken within two months of the date of its notification of a ex gratia and/or hierarchical appeal and/ora contentious appeal to the administrative court.
In the case of an ex gratia or hierarchical appeal, the 2-month period for bringing proceedings before the administrative court is suspended until the administration has notified its decision.
The penalty shall remain immediately applicable even if the staff member lodges an appeal.
Subscription to the file
Sanctions | Agent Folder Enrollment | Condition for the cancelation of the penalty |
|---|---|---|
Warning | No | Not applicable |
Reprimand and temporary exclusion from office for up to 3 days | Yes | Automatic deletion of the file after 3 years if no other sanctions have been imposed during this period |
Temporary exclusion of functions longer than 3 days | Yes | Erasure possible at your request after 10 years of effective service following the date of the disciplinary sanction if no other sanction occurred during this period |
Dismissal without notice or compensation | Yes | Not applicable |
Territorial (FPT)
Sanctions
Disciplinary sanctions applicable to the incumbent official shall be divided into four groups, ranging from the least serious to the most serious.
Group | Sanctions |
|---|---|
1er group | - Warning - Blame - Temporary exclusion from 1-3 day duties |
2è group | - Removal from the progress table - Downgrade to the next lower step than that held by the official - Temporary exclusion from 4 to 15 days of service |
3è group | - Demotion to the next lower grade, to a step with an index equal to or immediately lower than that held by the official - Temporary exclusion from 16 days to 2 years |
4è group | - Ex officio retirement - Revocation |
The removal from the progression table may also be ordered as a penalty in addition to a penalty of the 2me and 3me groups.
Rights of the official being prosecuted
A staff member against whom disciplinary proceedings are initiated shall be entitled to full disclosure of his individual file and all related documents.
When the administration carries out an administrative inquiry to establish the reality of the facts alleged against the staff member, the report drawn up at the end of that inquiry shall form part of the documents to be communicated to the staff member.
If, during the investigation, hearings have been held, the minutes of the hearing must also be communicated unless such communication seriously prejudices the persons who have testified.
The staff member being prosecuted shall also be entitled to the assistance of one or more defenders of his choice.
The administration must inform him of this right.
The documents in his personal file and the supporting documents must be numbered.
Disciplinary proceedings
Disciplinary proceedings must be initiated within 3 years of the day on which the administration became aware of the facts liable to sanction.
In the case of criminal proceedings against the official, that period of three years shall be interrupted until the final decision on no further action, dismissal, acquittal, discharge or conviction has been taken. After the three-year period which may have been interrupted by criminal proceedings, the facts in question can no longer be relied on in disciplinary proceedings.
The fact that an official is on sick leave does not prevent the administration from instituting disciplinary proceedings against him.
Sanctions of 1er shall be pronounced without prior consultation of the Disciplinary Board. Other penalties may be imposed only after consultation of the Disciplinary Board.
The Disciplinary Board shall be seized by a report from the administration. The report shall indicate the facts alleged against the official and the circumstances in which they occurred.
The official shall be summoned by the chairman of the Disciplinary Board at least 15 days before the date of the meeting by registered letter with acknowledgement of receipt.
The accused official may submit written or oral observations to the Disciplinary Board and may call witnesses.
He may be assisted by one or more defenders of his choice.
He can request that his file be postponed to a future meeting.
The Disciplinary Board may defer consideration of the official's situation by a majority of the members present. Such a postponement is possible only once.
The administration may also call witnesses and request a postponement of the case once.
Any witness may ask to be assisted by a third person of his choice if he considers himself to be the victim of discrimination or sexual or psychological harassment on the part of the official being prosecuted. This is true regardless of what the grievor is accused of.
If the Disciplinary Board does not consider itself sufficiently informed of the circumstances in which the facts alleged against the official occurred, it may, by a majority of the members present, order an investigation.
The Disciplinary Board shall deliberate in the absence of the prosecuted official, his or her counsel or defenders and witnesses.
It shall take its decision by a majority of the members present. It thus takes one of the following decisions:
- Opinion in favor of the penalty proposed by the administration
- Opinion against the proposed sanction and proposal for another sanction
- Proposal not to impose sanctions.
The Disciplinary Board may also not make any proposal if a majority of the members present has not reached agreement.
In all cases, the opinion of the Disciplinary Board shall be reasoned and communicated to the official and to the administration.
The Disciplinary Board must take a decision within 2 months of referral to it by the administration's report. This period shall be reduced to 1 month where the official is suspended from duties.
The time limit shall be extended by the time limit for postponement where the Disciplinary Board has responded favorably to a request for postponement of the examination of the case.
The administration is not obliged to follow the advice of the Disciplinary Board and may impose a more severe penalty. In all cases, reasons must be given for the decision.
It may also decide, after obtaining the opinion of the Disciplinary Board, to make the decision on sanction and the reasons therefor public.
Temporary exclusion of functions
Temporary exclusion from office is a period during which the official is excluded from service and no longer receives any remuneration. He therefore does not acquire any pension rights during the period of exclusion.
Officials temporarily excluded from office may benefit from a reprieve total or partial.
However, in the event of temporary exclusion from office on 3e In the group, the official is compulsorily excluded from service for a minimum of 1 month, even in the event of a suspension.
The suspension shall be canceled if the official is subject, within five years of the exclusion decision, to one of the following penalties:
- Temporary exclusion from 3-day maximum jobs
- New penalty of 2e or 3e group.
The length of the exclusion for which he was suspended is then applied in full.
On the other hand, he is definitively exempted from the period of exclusion for which he was suspended, if no penalty, other than warning or reprimand, has been imposed on him during those five years.
Ex gratia or litigation
The decision to impose a penalty may be taken within two months of the date of its notification of a ex gratia appeal and/ora contentious appeal to the administrative court.
In the case of an ex gratia appeal, the 2-month period for bringing an action before the administrative court is suspended until the administration has notified its final decision.
The penalty shall remain immediately applicable even if the official lodges an appeal.
Subscription to the file
Sanctions | Agent Folder Enrollment | Condition for the cancelation of the penalty | |
|---|---|---|---|
1er group | Warning | No | Not applicable |
- Blame - Temporary exclusion from 1-3 day duties | Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period | |
2è group | - Removal from the progress table - Step reduction - Temporary exclusion from 4 to 15 days of service | Yes | Erasure, at the request of the official, after 10 years of actual service from the date of the sanction. The administration may not refuse such a request if no penalty has been imposed during that period. The official's file shall be reconstituted in its new composition. |
3è group | - Downgrade to next lower grade - Temporary exclusion from 16 days to 2 years | Yes | Erasure, at the request of the official, after 10 years of actual service from the date of the sanction. The administration may not refuse such a request if no penalty has been imposed during that period. The official's file shall be reconstituted in its new composition. |
4è group | - Ex officio retirement - Revocation | Yes | Not applicable |
Sanctions
The disciplinary sanctions applicable to the probationer official are as follows:
- Warning
- Blame
- Temporary exclusion from 1-3 day duties
- Temporary exclusion from 4 to 15 days of service
- Definitive exclusion from service.
Rights of the official being prosecuted
A staff member against whom disciplinary proceedings are initiated shall be entitled to full disclosure of his individual file and all related documents.
When the administration carries out an administrative inquiry to establish the reality of the facts alleged against the staff member, the report drawn up at the end of that inquiry shall form part of the documents to be communicated to the staff member.
If, during the investigation, hearings have been held, the minutes of the hearing must also be communicated unless such communication seriously prejudices the persons who have testified.
The staff member being prosecuted shall also be entitled to the assistance of one or more defenders of his choice.
The administration must inform him of this right.
The documents in his personal file and the supporting documents must be numbered.
Disciplinary proceedings
The warning, reprimand and temporary exclusion from office for 1 to 3 days shall be issued without prior consultation of the Disciplinary Board.
Temporary exclusion from office for 4 to 15 days and permanent exclusion from service may be ordered only after consultation of the Disciplinary Board.
The fact that an official is on sick leave does not prevent the administration from instituting disciplinary proceedings against him.
The matter shall be referred to the Disciplinary Board by a report of the administration which shall indicate the facts alleged against the official and the circumstances in which they occurred.
The official shall be summoned by the chairman of the Disciplinary Board at least 15 days before the date of the meeting by registered letter with acknowledgement of receipt.
The accused official may submit written or oral observations to the Disciplinary Board and may call witnesses.
He may be assisted by one or more defenders of his choice.
He can request that his file be postponed to a future meeting.
The Disciplinary Board may defer consideration of the official's situation by a majority of the members present. Such a postponement is possible only once.
The administration may also call witnesses and request a postponement of the case once.
Any witness may ask to be assisted by a third person of his choice if he considers himself to be the victim of discrimination or sexual or psychological harassment on the part of the official being prosecuted. This is true regardless of what the grievor is accused of.
If the Disciplinary Board does not consider itself sufficiently informed of the circumstances in which the facts alleged against the official occurred, it may, by a majority of the members present, order an investigation.
The Disciplinary Board shall deliberate in the absence of the prosecuted official, his or her counsel or defenders and witnesses. It shall take its decision by a majority of the members present. It thus takes one of the following decisions:
- Opinion in favor of the penalty proposed by the administration
- Opinion against the proposed sanction and proposal for another sanction
- Proposal not to impose sanctions.
The Disciplinary Board may also not make any proposal if a majority of the members present has not reached agreement.
In all cases, the opinion of the Disciplinary Board shall be reasoned and communicated to the official and to the administration.
The Disciplinary Board must take a decision within 2 months of referral to it by the administration's report. This period shall be reduced to 1 month where the official is suspended from duties. The period for postponement shall be increased where the Disciplinary Board has responded favorably to a request for postponement of the examination of the case.
The administration is not obliged to follow the advice of the Disciplinary Board and may impose a more severe penalty. In all cases, reasons must be given for the decision.
It may also decide, after obtaining the opinion of the Disciplinary Board, to make the decision on sanction and the reasons therefor public.
If the official is established, the administration may not initiate disciplinary proceedings in respect of events which occurred during the probationary period after three years from the day on which it became aware of them.
In the case of criminal proceedings, this period shall be interrupted until the final decision on no further action, dismissal, acquittal, discharge or conviction has been taken. After the three-year period which may have been interrupted by criminal proceedings, the facts in question can no longer be relied on in disciplinary proceedings.
Temporary exclusion of functions
Temporary exclusion from office is a period during which the official is excluded from service and no longer receives any remuneration. He therefore does not acquire any pension rights during the period of exclusion.
Where a probationary official, a holder in another body or framework of uses, shall be permanently excluded from service, and his secondment for probationary service shall be terminated. He is reinstated in his home administration, which may also initiate disciplinary proceedings against him.
Ex gratia or litigation
The decision to impose a penalty may be taken within two months of the date of its notification of a ex gratia appeal and/ora contentious appeal to the administrative court.
In the case of an ex gratia appeal, the 2-month period for bringing an action before the administrative court is suspended until the administration has notified its final decision.
The penalty shall remain immediately applicable even if the official lodges an appeal.
Subscription to the file
Sanctions | Agent Folder Enrollment | Condition for the cancelation of the penalty |
|---|---|---|
Warning | No | Not applicable |
Blame | Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period |
Temporary exclusion from 1-3 day duties | Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period |
Temporary exclusion from 4 to 15 days of service | Yes | Erasure, at the request of the official, after 10 years of actual service from the date of the sanction. The administration may not refuse such a request if no penalty has been imposed during that period. The official's file shall be reconstituted in its new composition. |
Permanent exclusion from service | Yes | Not applicable |
Sanctions
Disciplinary sanctions applicable to the contractor are as follows:
- Warning
- Blame
- Temporary exclusion of functions up to 3 days
- Temporary exclusion from duties from 4 days to 6 months maximum if you are in CSD: titleContent or from 4 days to 1 year maximum if you are in DTA: titleContent
- Dismissal without notice or compensation
Temporary exclusion from duties is a period during which you are excluded from service.
Temporary exclusion from office shall be unpaid.
It may be accompanied by a reprieve total or partial of a maximum duration of one month if you are on a DTA.
In the event of a further temporary exclusion from office within 5 years following 1re sanction, the stay is revoked, that is to say that the 1re exclusion period is applied.
This period is reduced to 3 years if the total duration of exclusion of the 2 sanctions does not exceed 3 days.
Rights of the accused agent
A staff member against whom disciplinary proceedings are initiated shall be entitled to full disclosure of his individual file and all related documents.
When the administration carries out an administrative inquiry to establish the reality of the facts alleged against the staff member, the report drawn up at the end of that inquiry shall form part of the documents to be communicated to the staff member.
If, during the investigation, hearings have been held, the minutes of the hearing must also be communicated unless such communication seriously prejudices the persons who have testified.
The staff member being prosecuted shall also be entitled to the assistance of one or more defenders of his choice.
The administration must inform him of this right.
The documents in his personal file and the supporting documents must be numbered.
Disciplinary proceedings
Disciplinary proceedings must be initiated within 3 years of the day on which the administration became aware of the facts liable to sanction.
In the case of criminal proceedings, this period of three years is interrupted until the final decision of no further action, dismissal, acquittal, discharge or conviction.
After the three-year period which may have been interrupted by criminal proceedings, the facts in question can no longer be relied on in disciplinary proceedings.
The fact that a staff member is on sick leave shall not prevent the administration from instituting disciplinary proceedings against him.
The warning and the reprimand shall be issued without prior consultation of the CCP: CCP: Joint Consultative Commission.
Temporary dismissal from office and dismissal without notice or compensation may be ordered only after consultation of the Disciplinary Board.
The matter shall be referred to the Disciplinary Board by a report from the administration setting out the facts alleged against the staff member and the circumstances in which they occurred.
The staff member shall be summoned by the chairman of the Disciplinary Board at least 15 days before the date of the meeting by registered letter with acknowledgement of receipt.
The staff member may submit written or oral observations to the Disciplinary Board and may call witnesses.
He may be assisted by one or more defenders of his choice.
He can request that his file be postponed to a future meeting.
The Disciplinary Board may defer consideration of the staff member's situation by a majority of the members present. Such a postponement is possible only once.
The administration may also call witnesses and request a postponement of the case once. Any witness may ask to be assisted by a third person of his choice if he considers himself to be the victim of discrimination or sexual or psychological harassment on the part of the accused officer. This is true regardless of what the officer is accused of.
If the Disciplinary Board does not consider itself sufficiently informed of the circumstances in which the facts alleged against the staff member occurred, it may, by a majority of the members present, order an investigation.
The Disciplinary Board shall deliberate in camera in the absence of the staff member being prosecuted, his defense counsel or defenders and witnesses. It shall take its decision by a majority of the members present. It thus takes one of the following decisions:
- Opinion in favor of the penalty proposed by the administration
- Opinion against the proposed sanction and proposal for another sanction
- Proposal not to impose sanctions.
The Disciplinary Board may also not make any proposal if a majority of the members present has not reached agreement.
In all cases, the opinion of the Disciplinary Board shall be reasoned and communicated to the staff member and to the administration.
The Disciplinary Board must take a decision within 2 months of referral to it by the administration's report. This period shall be reduced to one month where the staff member is suspended from duties. The period for postponement shall be increased where the Disciplinary Board has responded favorably to a request for postponement of the examination of the case.
The administration is not obliged to follow the advice of the Disciplinary Board and may impose a more severe penalty. In all cases, reasons must be given for the decision.
Ex gratia or litigation
The decision to impose a penalty may be taken within two months of the date of its notification of a ex gratia appeal and/ora contentious appeal to the administrative court.
In the case of an ex gratia appeal, the 2-month period for bringing an action before the administrative court is suspended until the administration has notified its final decision.
The penalty shall remain immediately applicable even if the official lodges an appeal.
Subscription to the file
Sanctions | Agent Folder Enrollment | Condition for the cancelation of the penalty |
|---|---|---|
Warning | No | Not applicable |
Reprimand and temporary exclusion from office for up to 3 days | Yes | Automatic deletion of the file after 3 years if no other sanctions have been imposed during this period |
Temporary exclusion of functions longer than 3 days | Yes | Erasure possible at your request after 10 years of effective service following the date of the disciplinary sanction if no other sanction occurred during this period |
Dismissal without notice or compensation | Yes | Not applicable |
Hospital (FPH)
Sanctions
Disciplinary sanctions applicable to the incumbent official shall be divided into four groups, ranging from the least serious to the most serious.
Group | Sanctions |
|---|---|
1er group | - Warning - Blame - Temporary exclusion from 1-3 day duties |
2è group | - Removal from the progress table - Downgrade to the next lower step than that held by the official - Temporary exclusion from 4 to 15 days of service |
3è group | - Demotion to the next lower grade, to a step with an index equal to or immediately lower than that held by the official - Temporary exclusion from 16 days to 2 years |
4è group | - Ex officio retirement - Revocation |
Rights of the official being prosecuted
A staff member against whom disciplinary proceedings are initiated shall be entitled to full disclosure of his individual file and all related documents.
When the administration carries out an administrative inquiry to establish the reality of the facts alleged against the staff member, the report drawn up at the end of that inquiry shall form part of the documents to be communicated to the staff member.
If, during the investigation, hearings have been held, the minutes of the hearing must also be communicated unless such communication seriously prejudices the persons who have testified.
The staff member being prosecuted shall also be entitled to the assistance of one or more defenders of his choice.
The administration must inform him of this right.
The documents in his personal file and the supporting documents must be numbered.
Disciplinary proceedings
Disciplinary proceedings must be initiated within 3 years of the day on which the administration became aware of the facts liable to sanction.
In the case of criminal proceedings against the official, that period of three years shall be interrupted until the final decision on no further action, dismissal, acquittal, discharge or conviction has been taken. After the three-year period which may have been interrupted by criminal proceedings, the facts in question can no longer be relied on in disciplinary proceedings.
The fact that an official is on sick leave does not prevent the administration from instituting disciplinary proceedings against him.
Sanctions of 1er shall be pronounced without prior consultation of the Disciplinary Board. Other penalties may be imposed only after consultation of the Disciplinary Board.
The Disciplinary Board shall be seized by a report from the administration. The report shall indicate the facts alleged against the official and the circumstances in which they occurred.
The official shall be summoned by the chairman of the Disciplinary Board at least 15 days before the date of the meeting by registered letter with acknowledgement of receipt.
The accused official may submit written or oral observations to the Disciplinary Board and may call witnesses.
He may be assisted by one or more defenders of his choice.
He can request that his file be postponed to a future meeting.
The Disciplinary Board may defer consideration of the official's situation by a majority of the members present. Such a postponement is possible only once.
The administration may also call witnesses and request a postponement of the case once. Any witness may ask to be assisted by a third person of his choice if he considers himself to be the victim of discrimination or sexual or psychological harassment on the part of the official being prosecuted. This is true regardless of what the grievor is accused of.
The official and the administration may object to a member of the Disciplinary Board by refusing to attend the meeting of the Disciplinary Board.
If the Disciplinary Board does not consider itself sufficiently informed of the circumstances in which the facts alleged against the official occurred, it may, by a majority of the members present, order an investigation.
The Disciplinary Board shall deliberate in the absence of the prosecuted official, his or her counsel or defenders and witnesses. It shall take its decision by a majority of the members present. It thus takes one of the following decisions:
- Opinion in favor of the penalty proposed by the administration
- Opinion against the proposed sanction and proposal for another sanction
- Proposal not to impose sanctions.
The Disciplinary Board may also not make any proposal if a majority of the members present has not reached agreement.
In all cases, the opinion of the Disciplinary Board shall be reasoned and brought to the attention of the official and the administration.
The Disciplinary Board must take a decision within one month of referral to it by the administration's report. This period shall be extended to two months when an investigation is carried out. It shall also be extended by the time limit for postponement where the Disciplinary Board has responded favorably to a request for postponement of the examination of the case.
The administration is not obliged to follow the advice of the Disciplinary Board and may impose a more severe penalty. In all cases, reasons must be given for the decision.
Temporary exclusion of functions
Temporary exclusion from office is a period during which the official is excluded from service and no longer receives any remuneration. He therefore does not acquire any pension rights during the period of exclusion.
Officials temporarily excluded from office may benefit from a reprieve total or partial.
However, in the event of temporary exclusion from office on 3e In the group, the official is compulsorily excluded from service for a minimum of 1 month, even in the event of a suspension.
The suspension shall be canceled if the official is subject, within five years of the exclusion decision, to one of the following penalties:
- Temporary exclusion from 3-day maximum jobs
- New penalty of 2e or 3e group.
The length of the exclusion for which he was suspended is then applied in full.
On the other hand, he is definitively exempted from the period of exclusion for which he was suspended, if no penalty, other than warning or reprimand, has been imposed on him during those five years.
Ex gratia or litigation
The decision to impose a penalty may be taken within two months of the date of its notification of a ex gratia appeal and/ora contentious appeal to the administrative court.
In the case of an ex gratia appeal, the 2-month period for bringing an action before the administrative court is suspended until the administration has notified its final decision.
The penalty shall remain immediately applicable even if the official lodges an appeal.
Subscription to the file
Sanctions | Agent Folder Enrollment | Condition for the cancelation of the penalty | |
|---|---|---|---|
1er group | Warning | No | Not applicable |
- Blame - Temporary exclusion from 1-3 day duties | Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period | |
2è group | - Removal from the progress table - Step reduction - Temporary exclusion from 4 to 15 days of service | Yes | Erasure, at the request of the official, after 10 years of actual service from the date of the sanction. The administration may not refuse such a request if no penalty has been imposed during that period. The official's file shall be reconstituted in its new composition. |
3è group | - Downgrade to next lower grade - Temporary exclusion from 16 days to 2 years | Yes | Erasure, at the request of the official, after 10 years of actual service from the date of the sanction. The administration may not refuse such a request if no penalty has been imposed during that period. The official's file shall be reconstituted in its new composition. |
4è group | - Ex officio retirement - Revocation | Yes | Not applicable |
Sanctions
The disciplinary sanctions applicable to the probationer official are as follows:
- Warning
- Blame
- Temporary exclusion from office for up to 2 months
- Definitive exclusion from service.
Rights of the official being prosecuted
A staff member against whom disciplinary proceedings are initiated shall be entitled to full disclosure of his individual file and all related documents.
When the administration carries out an administrative inquiry to establish the reality of the facts alleged against the staff member, the report drawn up at the end of that inquiry shall form part of the documents to be communicated to the staff member.
If, during the investigation, hearings have been held, the minutes of the hearing must also be communicated unless such communication seriously prejudices the persons who have testified.
The staff member being prosecuted shall also be entitled to the assistance of one or more defenders of his choice.
The administration must inform him of this right.
The documents in his personal file and the supporting documents must be numbered.
Disciplinary proceedings
The warning and reprimand shall be given without prior consultation of the Disciplinary Board.
Temporary exclusion from office for a maximum of two months and permanent exclusion from service may be ordered only after consultation of the Disciplinary Board.
The fact that an official is on sick leave does not prevent the administration from instituting disciplinary proceedings against him.
The matter shall be referred to the Disciplinary Board by a report of the administration which shall indicate the facts alleged against the official and the circumstances in which they occurred.
The official shall be summoned by the chairman of the Disciplinary Board at least 15 days before the date of the meeting by registered letter with acknowledgement of receipt.
The accused official may submit written or oral observations to the Disciplinary Board and may call witnesses.
He may be assisted by one or more defenders of his choice.
He can request that his file be postponed to a future meeting.
The Disciplinary Board may defer consideration of the official's situation by a majority of the members present. Such a postponement is possible only once.
The administration may also call witnesses and request a postponement of the case once. Any witness may ask to be assisted by a third person of his choice if he considers himself to be the victim of discrimination or sexual or psychological harassment on the part of the official being prosecuted. This is true regardless of what the grievor is accused of.
If the Disciplinary Board does not consider itself sufficiently informed of the circumstances in which the facts alleged against the official occurred, it may, by a majority of the members present, order an investigation.
The Disciplinary Board shall deliberate in the absence of the prosecuted official, his or her counsel or defenders and witnesses. It shall take its decision by a majority of the members present. It thus takes one of the following decisions:
- Opinion in favor of the penalty proposed by the administration
- Opinion against the proposed sanction and proposal for another sanction
- Proposal not to impose sanctions.
The Disciplinary Board may also not make any proposal if a majority of the members present has not reached agreement.
In all cases, the opinion of the Disciplinary Board shall be reasoned and brought to the attention of the official and the administration.
The Disciplinary Board must take a decision within one month of referral to it by the administration's report. This period shall be extended to two months when an investigation is carried out. It shall also be extended by the time limit for postponement where the Disciplinary Board has responded favorably to a request for postponement of the examination of the case.
The administration is not obliged to follow the advice of the Disciplinary Board and may impose a more severe penalty. In all cases, reasons must be given for the decision.
If the official is established, the administration may not initiate disciplinary proceedings in respect of events which occurred during the probationary period after three years from the day on which it became aware of them.
In the case of criminal proceedings against the official, this period shall be interrupted until the final decision on dismissal, dismissal, acquittal, discharge or conviction has been taken. After the three-year period which may have been interrupted by criminal proceedings, the facts in question can no longer be relied on in disciplinary proceedings.
Temporary exclusion of functions
Temporary exclusion from office is a period during which the official is excluded from service and no longer receives any remuneration. He therefore does not acquire any pension rights during the period of exclusion.
Where a probationary official, a holder in another body or framework of uses, shall be permanently excluded from service, and his secondment for probationary service shall be terminated. He is reinstated in his home administration, which may also initiate disciplinary proceedings against him.
Ex gratia or litigation
The decision to impose a penalty may be taken within two months of the date of its notification of a ex gratia appeal and/ora contentious appeal to the administrative court.
In the case of an ex gratia appeal, the 2-month period for bringing an action before the administrative court is suspended until the administration has notified its final decision.
The penalty shall remain immediately applicable even if the official lodges an appeal.
Subscription to the file
Sanctions | Agent Folder Enrollment | Condition for the cancelation of the penalty |
|---|---|---|
Warning | No | Not applicable |
Blame | Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period |
Temporary exclusion from office for up to 2 months | Yes | Erasure, at the request of the official, after 10 years of actual service from the date of the sanction. The administration may not refuse such a request if no penalty has been imposed during that period. The official's file shall be reconstituted in its new composition. |
Permanent exclusion from service | Yes | Not applicable |
Sanctions
Disciplinary sanctions applicable to the contractor are as follows:
- Warning
- Blame
- Temporary exclusion of functions up to 3 days
- Temporary exclusion from duties from 4 days to 6 months maximum if you are in CSD: titleContent or from 4 days to 1 year maximum if you are in DTA: titleContent
- Dismissal without notice or compensation
Temporary exclusion from duties is a period during which you are excluded from service.
Temporary exclusion from office shall be unpaid.
It may be accompanied by a reprieve total or partial of a maximum duration of one month if you are on a DTA.
In the event of a further temporary exclusion from office within 5 years following 1re sanction, the stay is revoked, that is to say that the 1re exclusion period is applied.
This period is reduced to 3 years if the total duration of exclusion of the 2 sanctions does not exceed 3 days.
Rights of the accused agent
A staff member against whom disciplinary proceedings are initiated shall be entitled to full disclosure of his individual file and all related documents.
When the administration carries out an administrative inquiry to establish the reality of the facts alleged against the staff member, the report drawn up at the end of that inquiry shall form part of the documents to be communicated to the staff member.
If, during the investigation, hearings have been held, the minutes of the hearing must also be communicated unless such communication seriously prejudices the persons who have testified.
The staff member being prosecuted shall also be entitled to the assistance of one or more defenders of his choice.
The administration must inform him of this right.
The documents in his personal file and the supporting documents must be numbered.
Disciplinary proceedings
Disciplinary proceedings must be initiated within 3 years of the day on which the administration became aware of the facts liable to sanction.
In the case of criminal proceedings against the staff member, this period of three years shall be interrupted until the final decision to dismiss, dismiss, acquit, discharge or convict has been taken. After the three-year period which may have been interrupted by criminal proceedings, the facts in question can no longer be relied on in disciplinary proceedings.
The fact that a staff member is on sick leave shall not prevent the administration from instituting disciplinary proceedings against him.
The warning and the reprimand shall be given without prior consultation of the CCP: titleContent. Temporary dismissal from office and dismissal, without notice or compensation, may be ordered only after consultation with the CPC.
The CCP shall be seized by a report from the administration setting out the facts alleged against the officer and the circumstances in which they occurred.
Any witness may ask to be assisted by a third person of his choice if he considers himself to be the victim of discrimination or sexual or psychological harassment on the part of the accused officer. This applies regardless of the facts alleged against the accused officer.
Reasons must be given for the decision imposing the penalty.
Ex gratia or litigation
The decision to impose a penalty may be taken within two months of the date of its notification of a ex gratia appeal and/ora contentious appeal to the administrative court.
In the case of an ex gratia appeal, the 2-month period for bringing an action before the administrative court is suspended until the administration has notified its final decision.
The penalty shall remain immediately applicable even if the official lodges an appeal.
Removal of sanctions
Sanctions | Agent Folder Enrollment | Condition for the cancelation of the penalty |
|---|---|---|
Warning | No | Not applicable |
Reprimand and temporary exclusion from office for up to 3 days | Yes | Automatic deletion of the file after 3 years if no other sanctions have been imposed during this period |
Temporary exclusion of functions longer than 3 days | Yes | Erasure possible at your request after 10 years of effective service following the date of the disciplinary sanction if no other sanction occurred during this period |
Dismissal without notice or compensation | Yes | Not applicable |
Articles 1-2, 43 to 44
Articles 2-1, 39 to 40
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