ENTITIES AND PUBLIC POLICIES
CONTRACT
CIVIL SERVANTS
IN THE CIVIL
SERVICE
Fiscal years 2010-2019
Thematic public report
Summary Report
September 2020
2
Summary of the Thematic Public Report of the Cour des comptes
g
NOTICE
This summary report is intended to facilitate the reading and use
of the report from Cour des comptes.
Cour des comptes is only accountable for the report.
Responses from the administrative bodies, organisations and
authorities concerned appear after the report.
3
Summary of the Thematic Public Report of the Cour des comptes
Summary
Introduction
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
1
The trend towards the increase in the number of contract
civil servants reflects difficulties in adapting the civil service. . 7
2
The convergence of practices runs the risk of making
the management of contract staff more rigid
.. . . . . . . . . . . . . .
11
3
In addition to current reforms, ensuring the coexistence
of permanent and contract staff
.. . . . . . . . . . . . . . . . . . . . . . . . . .
15
Audit recommendations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
5
Summary of the Thematic Public Report of the Cour des comptes
Introduction
The employment of a significant number of contract civil servants is now a
major feature of public employment in France. However, their role in central
government, local authority and public hospital services is still very poorly
defined.
There are more than one million contract civil servants (individuals) in the civil
service, i.e. 18.4% of the total, or 20.9% of the total excluding staff with special
status
1
.
For the most part, these staff are governed by public law. Although many of their
rights and obligations are contractually defined, many of the rules in force for
permanent civil servants are also applicable to them, and disputes between them
and their employer are decided by the administrative courts. However, they do
not belong to specific job corps. Contracts are often for a fixed term, although,
expressed in full-time equivalents (FTE), there are more permanent than
fixed-term contracts. In a few cases, some contract staff in the administrative
public services are governed by private law.
At a time when a reform is underway aimed mainly at facilitating the recruitment
and management of contract civil servants in the civil service
2
, the Cour des
comptes, on the basis of the observations of recent audits, but also by carrying
out new investigations, has examined the situation of contract civil servants in
the main ministries and public institutions of the central government, in local
authorities and in public hospitals.
Military contract civil servants, those with special status, those employed by
public bodies subject to commercial law or whose ordinary recruitment status
for civil servants is governed by private law have not been included in this study,
except for comparative purposes..
1
Staff with special status mainly refers to teachers in private establishments under contract and
central government workers in the central government civil service, nursery and family assistants
in the regional civil service, doctors in the hospital civil service and apprentices in the three
branches of the civil service.
2
Law no. 2019-774 of 24 July 2019 relating to the organisation and transformation of the
health system and Law no. 2019-828 of 6 August 2019 on the transformation of the civil service.
6
Introduction
Summary of the Thematic Public Report of the Cour des comptes
This report presents the outcomes of this survey. It first seeks to understand the
reasons for the growth in the number of contract civil servants and to identify the
jobs they occupy. It then examines the recruitment and management practices
of contract civil servants by various public employers. Finally, in its last chapter, it
considers the scope of the reforms underway. Following these findings, the Cour
des comptes makes five audit recommendations that fall within the existing
legislative framework, including the general civil service statute.
7
Summary of the Thematic Public Report of the Cour des comptes
The trend towards the increase
in the number of contract civil
servants reflects difficulties
in adapting the civil service.
The
increase
in the
number
of
contract civil servants for the three
branches
3
of the civil service is a
striking trend of the recent period.
From 2010 to 2017, the number of
contract civil servants, expressed in
FTEs, grew faster (15.8%) than the
number of all civil servants (5.9 %).
Their gross wage bill is the subject
of a financial estimate ranging from
€25.8 billion (on the basis of DGAFP
data) in 2017 to around €40 billion
(on the basis of public accounting
data, which takes a broader scope)
4
.
Contract civil servants in the civil service between 2010 and 2017
(in FTEs)
Source: Cour des comptes according to DGAFP data - Dotted line shows the trend
curve
728 607
756 981
767 685
778 381
777 637
775 335
797 483
843 913
710 000
760 000
810 000
860 000
660 000
2010
2011
2012
2013
2014
2015
2016
2017
910 000
3 The term «branch» is commonly used, in particular by the Ministry in charge of the Civil Ser-
vice, to designate each of the «civil services», whose general statute was unified by law no. 83-
634 of 13 July 1983 on the rights and duties of civil servants (known as the «Le Pors law»).
The
general statute contains special provisions for central government civil servants, regional civil
servants and hospital civil servants.
4
This scope mainly includes staff with special status, such as hospital doctors
8
Summary of the Thematic Public Report of the Cour des comptes
Despite these changes, the weighting of
contract civil servants in the French civil
service (19% ) remains far below that
observed in most of the large European
countries, such as Germany (60%), the
United Kingdom (92%), Italy (85%) or
Spain (47%).
In the central government civil service
(FPE),
contract
civil
servants
are
above all staff working in teaching
and research positions. Out of a
total of 416,000 civil servants (in
terms of the number of individuals),
61.4 % fall within the scope of the
Ministry
of
National
Education,
Higher Education and Research and
its public institutions. In the regional
civil service (FPT), it is most often
local civil servants working in the
technical branch sector: four of the
ten employment sectors (technical,
administrative,
coordination
and
social) account for 80.3% of the
376,000
contract
civil
servants.
Finally, in the hospital civil service
(FPH), 77.8% of contract civil servants
(225,000 individuals) belong to the
care and technical-labourer sectors.
They are particularly numerous in care
homes (Ehpad) (where they represent
31.2 % of employees) and in the other
types of medico-social establishments
(where
they
represent
39.5%
of
employees). Furthermore, the Cour
des comptes has found that contract
civil servants in managerial positions,
which are relatively few in number
(around 11%), are mainly present in
the regional civil service (FPT).
In analysing the reasons for recruiting
contract civil servants, the Cour des
comptes found that, in some cases,
their recruitment was due to needs
which cannot be met by regular civil
servants.
Thus, even if it seems desirable to limit
the short-term replacement needs of
permanent staff by reducing their
absenteeism rate and optimising the
conditions for their management, the
use of contract staff makes it possible
to compensate for absences due to
leave and to cope with seasonal peaks
of activity in certain administrations.
The
recruitment
of
contract
civil
servants, even for long periods, is also
inevitable in cases where there is no
corp of civil servants or professional
staff (in particular to fill certain
technical posts in the FPE, e.g. jobs7
such as doctors, psychologists or
linguists, translators and interpreters),
or for the new digital professions.
The trend towards the increase in the number
of contract civil servants reflects difficulties
in adapting the civil service.
5
This rate is that of civil and military contract civil servants, in order to ensure consistency in the
scope of comparison with other European countries.
6
Who care for people with a disability or socially excluded people, for example.
7
We refer to corps of civil servants in the FPE and of employment corps in the FPT and FPH.
9
Summary of the Thematic Public Report of the Cour des comptes
However, in many cases, the Cour
des comptes has found that the
employment
of
contract
civil
servants stems from the difficulties
encountered in the management of
permanent civil servants.
This is the case with the recruitment
of contract civil servants caused by
the inflexible nature of procedures
for the assignment and mobility of
civil servants, which leaves many
permanent
staff
positions
vacant,
for example in national education. In
addition, in trades where there are
job corps, the hiring of contract staff
makes it possible to avoid working
conditions
and
remuneration
that
are not adapted to the reality of the
job market in particular segments.
Finally, the recruitment process for
permanent civil servants, which is
often long and complex, explains the
use of contract civil servants to meet
needs in the immediate term.
To make entry into public services
more flexible, the Cour des comptes
recommends encouraging recruitment
on the basis of qualifications for all
civil servants.
The trend towards the increase in the number
of contract civil servants reflects difficulties
in adapting the civil service.
11
Summary of the Thematic Public Report of the Cour des comptes
While the recruitment of contract civil
servants is generally justified by the
need for adjustment and flexibility
in
public
employment,
in
practice
their management is closer to that
of permanent staff and is becoming
gradually more rigid.
This is first of all the case for the
recruitment of contract civil servants,
which, normally carried out without
competition, is in practice increasingly
codified. Indeed, employers in the civil
service frequently put procedures in
place to ensure equal treatment and
non-discrimination in access to civil
service jobs. However, these justified
precautions lead to longer and more
rigid recruitment conditions for contract
civil servants. Flexible and innovative
solutions to recruitment methods for
permanent civil servants are rarely
implemented, although they do exist,
for example in some universities. With
regard to local authorities, legality
checks by prefects and the observations
of regional chambers of account show
how difficult it is to set up satisfactory
recruitment procedures.
Salaries paid to contract civil servants
are generally lower than those of
permanent civil servants. This is partly
a structural effect, linked to the age of
employees and the types of jobs held.
However, even on a like-for-like basis for
jobs and ages, contract civil servants,
especially low-skilled ones, are often
paid significantly less than permanent
civil servants
8
.
The convergence of practices
runs the risk of making
the management of contract staff
more rigid.
8
The differences are based partly on objective differences between contract civil servants and
permanent civil servants and partly on the wage policy of public employers, the weighting
between these two elements being unknown to the administration and the Cour des compter.
12
Summary of the Thematic Public Report of the Cour des comptes
Distribution of net monthly salaries in full-time equivalent for permanent
and contract civil servants in 2017
(in €)
Source: Cour des comptes according to data from the Directorate-General for Administration
and Civil Service (DGAFP). The definition of civil servants is the one used in DGAFP’s statistical
publications and therefore excludes assisted contracts
For
highly
sought-after
sectors,
often
corresponding
to
highly
qualified jobs, the opposite situation
prevails: the salaries of contract
civil servants often turn out to be
higher than those of permanent civil
servants in comparable jobs, due
to competition between public and
private employers or even between
public employers. In this respect,
the Cour des comptes recommends,
in order to avoid distortions in
hiring
conditions
and
exorbitant
salary situations, that remuneration
guidelines
be
established
and
regularly updated, by profession and
by region.
Unlike
permanent
civil
servants,
contract
civil
servants
do
not
legally have access to any career or
promotion system.
It is nevertheless
possible to observe the emergence of
mechanisms which de facto involve the
organisation of the careers of a very
large number of contract civil servants.
Some public sector employers strictly
adhere to the rule and do not grant
salary increases or promotions, while
others introduce a «quasi-status» for
their employees, particularly those
with
fixed-term
contracts
(CDD),
largely inspired by the provisions
applicable to civil servants. In some
cases, public employers also manage
their contract staff in a manner similar
to that of private sector employees.
In this field, however, there are many
different approaches.
The convergence of practices runs the risk
of making the management of contract
staff more rigid.
1 554
1 696
1 831
1 970
2 123
2 305
2 518
2 804
3 317
2 682
2 115
1 848
1 684
1 580
1 492
1 418
1 349
1 251
Monthly net salary in euros
Deciles
1 000
0
2
4
6
8
10
1 500
2 000
2 500
3 000
3 500
Contract staff
Civil Servants
13
Summary of the Thematic Public Report of the Cour des comptes
Tenure,
which
is
neither
always
possible nor necessarily desired, is
a continuation option frequently
offered to civil servants at the end
of their contract or who can provide
evidence a long period of activity,
either individually or within the
framework of collective tenure. In
addition to the usual channels for
recruiting permanent staff (external
or internal competitive examinations,
probationary periods), four tenure
schemes
have
been
organised
since 1983. The most recent one,
provided for by the «Sauvadet»
law of 12 March 2012, met with
only mixed success since, out of
125,500 eligible
civil
servants,
only 53,940 (43%) were tenured
by the end of 2017. It appears
that tenure is increasingly being
challenged by the transformation
of fixed-term contracts (CDD) into
permanent
contracts
(CDI).
This
type of contract, for certain jobs,
is
in fact
more
attractive than
tenure because it avoids certain
constraints, such as, for example, the
obligation of mobility. At the same
time, the increase in the number of
permanent contracts exposes the
public employer to the risk of placing
its human resources management
under greater constraints.
The convergence of practices runs the risk
of making the management of contract
staff more rigid.
15
Summary of the Thematic Public Report of the Cour des comptes
The
Government
has
recently
undertaken a reform aimed mainly at
expanding employment opportunities
for contract civil servants in the civil
service.
The
Civil
Service
Transformation
Law
of
6
August
2019
provides
for the possibility of filling more
management positions with contract
civil servants, the creation of a flexible-
term project contract, the right to
recruit contractual civil servants for
the majority of permanent jobs in
central government and its public
institutions,
the
extension
of
the
option
of
using
contractual
civil
servants in the regional and hospital
civil services, the «portability» of
permanent contracts between the
three branches of the civil service,
and the possibility of contractual
terminations for permanent contracts.
The law of 24 July 2019 relating to
the organisation and transformation
of the health system simplifies and
adapts the conditions and grounds for
recruitment by contract for medical
staff not covered by the general civil
service statute.
The impact of these reforms depends
on numerous implementing measures,
some of which had not yet been
taken on the completion date of the
investigation by the Cour des comptes.
As a counterpoint to measures to
facilitate the use of contract civil
servants,
the
application
of
the
principle of equal access to public
employment reiterated by the law,
including for contract civil servants,
presupposes more restrictive access
arrangements than in the past.
According to projections made by
the Cour des comptes on the basis
of two simple sets of assumptions
(continuation of the trends observed
over the last ten years, or acceleration
of
the
substitution
of
contract
civil servants for permanent staff
corresponding to a doubling of the
number of contract civil servants in
ten years), it is likely that permanent
civil servants will continue to be in
the majority in the three branches of
the civil service for some time to come.
This estimate is supported by the fact
that the majority of public employers,
particularly in the FPT, do not currently
appear to be in favour of greater use of
contract civil servants.
In addition to current reforms,
ensuring the coexistence
of permanent and contract staff.
16
Summary of the Thematic Public Report of the Cour des comptes
In addition to current reforms,
ensuring the coexistence of permanent
and contract staff.
Projection of civil servants and contract civil servants across the civil service
(in thousands of FTEs at December 31))
Source: DGAFP figures and Cour des comptes projection
Trend scenario: extrapolation of the trend of the last ten years.
With a view to an increase in the number
of contract staff holding permanent
posts who are required to work together,
in the same services, with permanent
civil servants who remain the majority,
there are certain difficulties that must
be dealt with.
With
regard
to
careers
and
remuneration, the first question to be
asked is how to preserve the flexibility
of the contract staff regime. Otherwise,
the approximation of this scheme to
the statutory provisions enjoyed by
permanent staff will tend to accelerate
and make the reform meaningless.
On this matter, the Cour des comptes
therefore
recommends,
for
those
occupations which lend themselves to
it, collective bargaining for corps specific
to contract civil servants, along the lines
of private sector collective agreements.
Pension schemes for permanent and
contract civil servants are different,
resulting in different levels of employer
contributions which in many cases
make the recruitment of contract civil
servants less costly.
Likewise,
arrangements
for
public
employers’
coverage
of
the
unemployment risk are not always suited
to a situation in which the number of
contract staff in permanent jobs is high.In
light of this assumption, the mechanisms
and
amounts
of
unemployment
cover should be reviewed. The Cour
des comptes proposes studying the
possibility
of
compulsory
affiliation
of public employers to the national
unemployment insurance scheme for
contract civil servants.
0
1 000
2 000
3 000
4 000
2007
2017
1079
3675
Projection 2027
Trend
Civil Servants
Civil Servants
Contract staff
Contract staff
Doubling of the number of contract staff
in 10 years
17
Summary of the Thematic Public Report of the Cour des comptes
In addition to current reforms,
ensuring the coexistence of permanent
and contract staff.
Based on available data on absenteeism,
the engagement level of contract civil
servants,
especially
fixed-term
civil
servants, appears to be higher than that
of permanent civil servants. Of course,
structural effects have to be taken into
account, as the population of contract
civil servants is younger and therefore
healthier
than
that
of
permanent
civil servants. However, this large gap
suggests that substantial efforts are
needed to strengthen all forms of work
incentives and improve oversight of
the management of permanent civil
servants. The aim would be to bring
levels of absenteeism in the various civil
services into line with those that are
structurally lowest.
Finally,
the
Cour
des
comptes
notes that the general civil service
statute
could
better
involve
contract
civil
servants
in
the
organisation and operation of public
services, in a context where their
numbers are growing. Thus, joint
consultative
commissions,
which
are the counterpart, for these civil
servants, of the joint administrative
commissions for permanent civil
servants, play an uncertain role. The
report proposes reflecting on the
possible merger of these bodies with
joint administrative commissions.
19
Summary of the Thematic Public Report of the Cour des comptes
Audit recommendations
1.
Adapt the recruitment conditions
of civil servants, by extending to most
sectors the possibility of recruiting
on the basis of qualifications, holders
of a central government diploma, an
approved professional certification
or recognition of prior professional
experience
( General Secretaries and
HR managers)
.
2.
Following the example of what has
been done for the digital professions,
set up remuneration guidelines for
contract staff, starting with highly
sought-after
professions
in
the
central
government
civil
service
and the hospital civil service, and
update them regularly, combining
compliance
with
a
reduction
in
a priori checks on remuneration
(DGAFP)
.
3.
In the framework of the possibilities
offered by art. 14 of the law of 6 August
2019, for the professions that lend
themselves to it, propose collective
bargaining for corps that are similar in
content to collective agreements for
the career and remuneration of current
contract civil servants
(DGAFP)
.
4.
Consider, after an in-depth impact
study, the compulsory affiliation of
public employers to the unemployment
insurance scheme for their contract
civil servants
(DGCL, DGOS, DGAFP,
DGEFP, budget department, Unédic)
.
5.
Improve social dialogue conditions
for
contract
civil
servants
by
considering the merger of the Joint
Consultative Commissions and the
Joint
Administrative
Commissions
(DGAFP)
.