Can a public service contractor have a permanent contract?

In the territorial civil service, a contractor may be recruited from a permanent employment for the following reasons:

• Absence of employment framework territorial officials corresponding to the functions concerned
• The needs of the services or the nature of the functions justify it and no territorial civil servant could be recruited
• Work in a municipality with less than 1 000 inhabitants or in a group of municipalities with less than 15 000 inhabitants
• Occupy a job in a new municipality resulting from the merger of municipalities of less than 1,000 inhabitants, for a period of 3 years following its creation, extended, possibly, until 1^er renewal of the municipal council following this creation
• Hold a job in non-full time working less than 17 hours 30 weeks in a community other than a new municipality, a municipality with less than 1 000 inhabitants or a group of municipalities with less than 15 000 inhabitants
• Occupy a job in a municipality with less than 2,000 inhabitants or in a group of municipalities with less than 10,000 inhabitants whose creation or elimination depends on the decision of an authority that is binding on the community or institution (for example, employment of a specialized territorial agent of nursery schools - Atsem - whose creation or elimination depends on decisions to open or close classes by the National Education)
• Occupy a job as general secretary of town hall in a municipality of less than 2,000 inhabitants.

Recruitment is carried out by FIXED-TERM CONTRACT: titleContent of a maximum duration of 3 years renewable up to 6 years maximum.

Beyond 6 years, the contract may be renewed only in DTA: titleContent.

If you are recruited or if your contract is renewed on one of these jobs when you have 6 years of public service in public service functions. same hierarchical categoryHowever, your contract can only be concluded or renewed on a permanent contract.

The duration of 6 years is calculated by taking into account your services performed on a fixed-term contract on a permanent job of the same hierarchical category.

Services performed on a fixed-term contract for one of the following reasons are also taken into account in the calculation of the 6-year term:

• Dealing with a temporary or seasonal increase in activity
• Provide a service in a community or territorial public institution as part of a management center's provision.

This period of 6 years must have been completed in full from the same community or facility.

Services performed on a part-time and non-full-time basis shall be treated as full-time.

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

For the calculation of this interruption period of up to 4 months between 2 contracts, any period ofstate of health emergency related to Covid is not taken into account.

If you reach the 6-year term before the end of a current fixed-term contract, you and your employer community can enter into a permanent contract by mutual agreement

Your employer administration will then send you a proposal of addendum to your contract confirming your transition to a permanent contract.

If you decide not to enter into this new contract, you will remain on a fixed-term contract until the scheduled end date of your fixed-term contract.

If you are recruited by a local authority or a territorial public establishment while you are already on a permanent contract in the public service (territorial, state or hospital), you can be recruited on a permanent contract if your old and new functions are same hierarchical category.

You can be recruited on a permanent employment in FIXED-TERM CONTRACT: titleContent or in DTA: titleContent if your recruitment occurs for any of the following reasons:

• Absence of body of hospital officials corresponding to the functions concerned
• Perform functions that are newly supported by the administration or require highly specialized technical knowledge
• Hold a job in non-full time working hours of 17 hours 30 weeks or less.

If you are recruited on a fixed-term contract, your fixed-term contract is 3 years maximum renewable by express renewal up to 6 years maximum.

Beyond 6 years, your contract can only be renewed in DTA.

If you are recruited or if your contract is renewed on a job qualifying for a permanent contract while you have 6 years of public service in public service functions. same hierarchical categoryHowever, your contract can only be concluded or renewed on a permanent contract.

The duration of 6 years is calculated by taking into account your services performed on a fixed-term contract on a permanent job of the same hierarchical category entitling you to a permanent contract. Services performed on fixed-term contracts to cope with a temporary or seasonal increase in activity are also taken into account.

The duration of 6 years must have been completed in full from the same establishment.

Services performed on a part-time and non-full-time basis shall be treated as full-time.

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

For the calculation of this interruption period of up to 4 months between 2 contracts, any period ofstate of health emergency related to Covid is not taken into account.

If you reach the 6-year term before the end of an ongoing fixed-term contract, your fixed-term contract is considered to be concluded for an indefinite period.

Your employer institution will then send you a new contract of indefinite duration.

If you refuse to conclude this new contract, you will remain on a fixed-term contract until the scheduled end date of your fixed-term contract.

If you are recruited by a public hospital while you are already on a permanent contract in the public service (hospital, state or territorial), you can be recruited on a permanent contract if your old and new functions are same hierarchical category.