Obligation of hierarchical obedience in the public service
Verified 18 August 2026 - Public Service / (Prime Minister)
The law requires any public official to comply with the instructions of his superior except in cases where the order given is manifestly unlawful and likely to seriously compromise a public interest. This obligation is commonly referred to asobligation of hierarchical obedience. More specifically, we will explain what this obligation is.
Any public official (whether a probationary or full-time civil servant or a contract employee), regardless of his rank in the hierarchy, must comply with the instructions of his superior.
This obligation to respect the hierarchical directives is commonly called obligation of hierarchical obedience.
Instructions can be oral or written.
The duty of obedience also imposes on the agent comply with laws and regulations of all kinds.
The hierarchical subordination imposes submit to the control of his supervisor and be loyal in the performance of his duties.
A public official shall be responsible for the performance of the tasks entrusted to him. For example, an officer's refusal to assume certain responsibilities, such as the assessment of officers in his or her department, constitutes a breach of the duty of hierarchical obedience.
A public official must be held accountable for his or her actions in accordance with his or her responsibilities. He cannot absolve himself of his responsibilities by invoking those of his subordinates. Thus, an official who gives an illegal order must bear the consequences and can be punished whether his subordinate has obeyed or not.
The obligation of obedience may cease in any of the following situations:
- The order is clearly illegal and risk of seriously compromising the public interest (for example, an order by a mayor to a municipal police officer to work in plain clothes at local parties and to only fine parking violations was considered manifestly illegal and seriously compromising the public interest)
- The officer has reasonable grounds to believe that a work situation presents a serious and imminent danger to his life or health. He can then assert his right of withdrawal and withdraw from this situation.
- In the event of harassment, no sanction may be applied to an officer who has suffered a sexual harassment or moral and who has taken legal action (nor can an agent who reports such acts be punished).
Any unjustified breach of the duty of hierarchical obedience exposes the staff member to a disciplinary sanction, or even a deduction from remuneration for lack of service.