What is a contractor in the public service?
Verified 20 October 2025 - Directorate of Legal and Administrative Information (Prime Minister)
There is no legal definition of a contract agent. It is the case law that has clarified this concept.
Thus, the individual contractor is a staff member recruited for perform a specific, punctual task limited to the performance of specific acts and paid on vacation, i.e. to the act (to the task).
Unlike a contract staff member, the individual contractor is not recruited to ensure a permanent need for the administration. The individual contractor is not recruited on a job. He is recruited to perform a specific and punctual task.
The contractor does not therefore benefit from the applicable provisions contract staff in the civil service (paid leave, training, termination pay, etc.).
The contractor does not receive index treatment (ni of residence allowance, or family treatment supplement - SFT).
He is, however, entitled to partial reimbursement of transport costs between home and work.
Please note
A staff member recruited on a non-full-time post shall not be a member of the temporary staff. A non-full-time job is a permanent job.
The successive and uninterrupted renewal of fixed-term contracts translates a permanent need of the administration. In this case, the agent is not a contractor even if the administration so designates.
But the administration can recruit the same individual contractor several times to perform specific tasks on an ad hoc basis. This is the case, for example, of an interpreter recruited on an ad hoc basis by police services to perform specific translation tasks.
The absence of a written contract alone is not sufficient to establish that an agent is a contractor.
It's there duration of employment and the nature of functions which determine whether a staff member is a contractor or a contractor.
The qualification of individual contractor or contractor is carried out by the judge on a case by case basis.
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