Right to strike in the public service
Verified 03 March 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
Would you like to know the rules governing the right to strike in the public service? We present you the rules to know. They differ according to your public service (state - FPE, territorial - FPT or hospital - FPH).
EPF
The strike is a collective and concerted cessation of work.
It must have as its object defense of professional interests.
The right to strike is recognized to public officials.
However, it is the subject of some limitations.
Some forms of strike are prohibited :
- Rotating strike (cessation of work by concerted rotation of the different sectors or occupational categories of the same administration or service so that the workforce is never fully staffed in order to slow down work and disrupt the service)
- Political strike not justified on professional grounds
- Strike on the job with occupancy and blocking of the work premises.
Reminder
The pearl strike and the strike of zeal which consist of short and repeated work stoppages and concerted slowdowns in the performance of tasks do not legally constitute strikes. Participating in such an event constitutes a misconduct that may warrant disciplinary action.
Public officials of the State have the right from strike.
However, certain categories no staff not the right to strike. These are the following personnel:
Active officers of the National Police
Public servants assets of the national police are not allowed to strike.
This concerns members of the Republican Security Companies (CRS) and personnel belonging to the following bodies:
- Design and management corps (police commissioners)
- Corps of Command (police officers)
- Management and application Corps (peacekeepers), commonly known as corps of guards and guards.
Officials of the decentralized services of the prison administration
Officials of the decentralized services of the prison administration are not allowed to strike.
This concerns the management, supervision, administration and stewardship, educational and probation, technical and vocational training staff of the decentralized services of the prison administration.
Ministry of the Interior communications personnel
Officials of the Corps of Technicians and the Corps of Information and Communication Systems Officers of the Ministry of the Interior are not allowed to strike.
Judicial Magistrates
Judicial magistrates are not allowed to strike.
Military
The military also does not have the right to strike.
When public officials plan to strike, the concerted cessation of work must be preceded by notice.
Where the notice of strike concerns teachers in public nursery or elementary schools, it must be preceded by a negotiation between the State and the trade unions.
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General case
The strike must be preceded of a advance notice.
The notice is a written information transmitted by one or more trade union organizations atemployer administration for warn him that a strike is being considered.
Notice must be given by one or more trade union organizations nationally representative, in the professional category or theadministration or the service concerned.
The notice shall specify the patterns the use of strike action, its geographical field, thestart time and the duration limited or not of the planned strike.
The notice must arrive 5 clear days before triggering the strike to the hierarchical authority or management of the administration concerned.
During the period of notice, the trade union organizations and the employer's administration must negotiate.
If this obligation of notice is not respected, the administration can take disciplinary sanctions against striking agents.
FYI
A public official is not obliged to stop work for the entire period indicated by the notice. He can stop or return to work at the time he chooses.
Teacher in kindergarten or elementary school
The filing of strike notice teachers in kindergartens and elementary schools must be preceded of a pre-negotiation between the representative trade union organization(s) and the State.
The trade union organization which intends to file a strike notice shall inform the administration of the occupational claims which lead to the possibility of recourse to strike action and the teaching staff concerned.
This information shall be provided, in writing, by any means that can attest to the date.
Depending on the nature of the claims, this information letter is sent to the Minister, the Rector of the Academy, the Inspector of the Academy or the Academic Director, depending on their skills.
The administrative authority shall receive the representatives of the trade union organization within 3 days of receipt of the information letter.
The 2 parties have 8 clear days from the receipt of the information letter from the trade union organization for complete the pre-negotiation.
Only up to 4 members of the trade union organization may participate in this meeting.
Where several trade union organizations have made known separately their intention to file strike notices for similar claims, they may be brought together.
In this case, only up to 3 representatives from each of them can then participate in the meeting.
The number of representatives of the administration may not exceed the number of representatives of trade unions.
Before 1re prior negotiation meeting, the administrative authority transmits to the trade union organization any information that may clarify the respective positions of the two parties.
One statement of findings of the negotiation is established by the administrative authority and offered for signature by the representatives of the trade union organization.
That statement of findings shall contain at least the information following:
- Reasons for considering the filing of a strike notice, corresponding claims and personnel concerned
- Conditions for the organization and conduct of the preliminary negotiation
- Nature of the information and responses provided by the administrative authority
- Respective final positions of the parties and list of points of agreement and disagreement
- Where applicable, the conditions under which individual staff strike declarations will be forwarded to the administrative authority.
The administrative authority shall, by any means of its choice, communicate the statement of findings to the teachers concerned.
In the event ofnegotiation failed, trade union organizations shall lodge a strike notice.
The advance notice specify the patterns the use of strike action, its geographical field, thestart time and the duration limited or not of the planned strike.
It must reach 5 clear days before the strike started to the line authority or management of the administration concerned.
Teachers must make known to their hierarchical authority whether they are strikers or not at least 48 hours before the strike began.
This period must include at least 1 working day.
The rules vary depending on the situation:
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Services subject to a minimum service
Some public officials must provide a minimum service. For example, the agents of Météo France.
Air Navigation Services
In the event of a strike, in air navigation services, the following tasks must be performed in all circumstances:
- Continuity of government action and execution of national defense missions
- Preservation of France's vital interests or needs and respect of its international commitments, in particular the right to fly over the territory
- Missions necessary for the safeguarding of persons and property
- Maintenance of links to avoid isolation of Corsica and overseas communities
- Safeguarding air navigation services facilities and equipment.
Air traffic controllers, which are essential for the performance of these tasks, must to remain in office throughout the strike. One ministerial order defines which agents are to be employed according to their duties.
When a strike notice is filed by an employee organization, any officer who performs control, flight information and alert functions and whose absence may have a direct effect on the performance of flights must declare himself a striker, no later than noon on the day before each day of strike.
An officer who has declared himself a striker and then renounces participation in the strike shall inform his manager no later than 6 p.m. on the day before the day of the strike. This information is not required when the strike does not take place or when the service is taken after the strike has ended.
Based on the statements of the agents, the Directorate General of Civil Aviation (DGAC) decides whether, and no later than 6 p.m. the day before each day of strike, to set up the minimum service (tour of duty) on the day of strike.
The organization of the minimum service shall be defined after consulting the Social Administrative Committee.
If the DGAC decides not to implement the minimum serviceHowever, air traffic controllers are no longer obliged to remain in office. Exception: air traffic controllers exercising authority functions shall remain in office.
Strike days are defined as each separate period of 24 hours from the time of the start of the strike.
The information obtained from the individual statements of the employees may be used only for the organization of the activity during the strike, to inform passengers of the changes in air traffic following the strike movement and, anonymised, to inform trade union organizations.
They are covered by professional secrecy.
An officer who fails to declare himself a striker within the prescribed period and who goes on strike shall be liable to disciplinary action.
Public kindergarten or elementary school teacher
Teachers in public nursery or elementary schools must declare themselves strikers at least 48 hours in advance, at least one of which working day.
The services of the National Education to the mayors, for each school, the number of teachers having made this declaration and practicing in the commune.
One free childcare service shall be set up by each municipality if at least 25% teachers working in the commune are striking.
Requisition
In the event of a strike seriously affecting the continuity of public service or the needs of the population, certain agents may be requisitioned.
The requisition can be decided by the ministers, prefects or directors of structures meeting an essential need.
The administrative authority must specify the reasons which lead it to requisition striking personnel.
The requisition may be the subject of a appeal to the administrative judge.
Reminder
A striking agent is not obliged to inform his administration of his intention to strike. However, a kindergarten or elementary school teacher or an officer of a minimum service structure must inform his administration in advance of his intention to strike.
The absence of service gives rise to a restraint equal to 1/30me pay per day of strike, even if the duration of the strike is less than the full day.
The deduction is calculated on all remuneration: salary, residence allowance, bonuses and allowances.
Premiums paid annually are included in the withholding tax base.
They must be reduced to an average monthly equivalent, based on the amount paid in the previous year, to calculate the amount of 30me to remember.
On the other hand, Family Treatment Supplement (FTS) shall be maintained in full.
Refunds of expenses are also not taken into account in the deduction.
The restraint shall not exceed seizable proportion of remuneration.
There is no requirement that the deduction be made from the remuneration of the month in which the strike took place. But it must be calculated on the remuneration of that month.
The portion of the unpaid remuneration is not subject to contribution.
If the strike lasts for several consecutive days, the number of 30my is equal to the number of days from 1er day included on the last inclusive day of strike.
This count applies even if, on some of these days, the officer had no service to perform (holidays, holidays, weekends).
For example, when an officer goes on strike on a Friday and the following Monday, he is held 4/30my.
Reminder
Unpaid and therefore unpaid strike days are not taken into account for retirement.
FPT
The strike is a collective and concerted cessation of work.
It must have as its object defense of professional interests.
The right to strike is recognized to public officials.
However, it is the subject of some limitations.
Some forms of strike are prohibited :
- Rotating strike (cessation of work by concerted rotation of the different sectors or occupational categories of the same administration or service so that the workforce is never fully staffed in order to slow down work and disrupt the service)
- Political strike not justified on professional grounds
- Strike on the job with occupancy and blocking of the work premises.
Reminder
The pearl strike and the strike of zeal which consist of short and repeated work stoppages and concerted slowdowns in the performance of tasks do not legally constitute strikes. Participating in such an event constitutes a misconduct that may warrant disciplinary action.
All territorial public officials have the right to strike.
The strike must be preceded of a advance notice.
The notice is a written information transmitted by one or more trade union organizations atemployer administration for warn him that a strike is being considered.
Notice must be given by one or more trade union organizations nationally representative, in the professional category or theadministration or the service concerned.
The notice shall specify the patterns the use of strike action, its geographical field, thestart time and the duration limited or not of the planned strike.
The notice must arrive 5 clear days before triggering the strike to the hierarchical authority or management of the administration concerned.
During the period of notice, the trade union organizations and the employer's administration must negotiate.
If this obligation of notice is not respected, the administration can take disciplinary sanctions against striking agents.
FYI
A public official is not obliged to stop work for the entire period indicated by the notice. He can stop or return to work at the time he chooses.
The territorial authority and trade union organizations may enter into negotiations with a view to signing an agreement to ensure the continuity of certain public services.
The trade union organizations that may participate in this negotiation are those with at least one seat in the HEADING: titleContent or to PPC: titleContent or the territorial social committee.
The public services concerned by the negotiation are:
- Collection and treatment of household waste
- Public transport
- Support for the elderly and disabled
- Nurseries
- Extracurricular welcome
- Collective and school catering.
The agreement determines the functions and the number of staff required to ensure the continuity of the public service.
It also defines the conditions under which the organization of work is adapted and the staff present assigned, in the event of foreseeable disruption of services.
The agreement is approved by the deliberative assembly (municipal, departmental, regional or board of directors).
In the absence of an agreement within 12 months of the start of negotiations, the services, functions and number of staff required to ensure continuity of service shall be defined by deliberation.
When a strike notice is filed in a service concerned, the agents inform the administration of their intention to participate or not at least 48 hours in advance. This 48-hour period must include at least one working day.
These individual declarations can only be used for the organization of the service during the strike and are covered by professional secrecy. Their use for other purposes or their communication to any person other than those responsible for organizing the service may be punished by one year's imprisonment and €15,000 of a fine.
An officer who has declared his intention to participate in the strike and who renounces it shall inform the administration at least 24 hours before the scheduled time of his participation.
Similarly, an officer who participates in a strike and decides to return to duty before the end of the strike shall inform the administration at least 24 hours before the time of his resumption.
This notice period is intended to allow the administration to assign the agent and organize the service.
The administration may require an officer who has declared himself a striker to strike for the duration of his service, if his departure during service may lead to a risk of obvious disruption of the service.
The officer shall be liable to disciplinary action in the following cases:
- He does not inform his administration of his intention to strike
- He strikes while on duty, even though his administration had asked him to strike for the duration of his service
- He does not inform his administration on several occasions of his intention to give up or return to work before the end of the strike.
Reminder
A striking agent is not obliged to inform his administration of his intention to strike. However, a staff member who works in a minimum service structure must inform his administration in advance of his intention to strike.
The absence of service gives rise to a deductions proportional to the duration of the strike, comparing that period with the service obligations to which the member of staff was subject during the period of the strike.
Thus, the retention is equal to 1/30è for a day away, 1/60è for a half-day absence, 1/151,67è per hour of absence.
For a staff member who is on duty in the form of 24-hour shifts followed by rest, the administration shall take into account the number of shifts not performed in relation to the average number of shifts per month.
Example :
A staff member whose service consists in performing 120 24-hour shifts per year, or on average 10 shifts per month: if he does not perform 2 shifts for strike, the deduction from remuneration will be equal to 2/10my of the remuneration of the month in question (and not at 2/30my).
The deduction is calculated on all remuneration: salary, residence allowance, bonuses and allowances.
Premiums paid annually are included in the withholding tax base. They must be reduced to an average monthly equivalent, based on the amount paid in the previous year, in order to calculate the amount of 30me to remember.
On the other hand, Family Treatment Supplement (FTS) shall be maintained in full. Refunds of expenses are also not taken into account in the deduction.
The restraint shall not exceed seizable proportion of remuneration.
There is no requirement that the deduction be made from the remuneration of the month in which the strike took place. But it must be calculated on the remuneration of that month.
The portion of the unpaid remuneration is not subject to contribution.
If the strike lasts for several consecutive days, the number of 30my is equal to the number of days from 1er day included on the last inclusive day of strike.
This count applies even if, on some of these days, the officer had no service to perform (holidays, holidays, weekends).
For example, when an officer goes on strike on a Friday and the following Monday, he is held 4/30my.
Reminder
Unpaid and therefore unpaid strike days are not taken into account for retirement. However, if, on the same day, you went on strike for a few hours and were paid for a few hours, the entire day is taken into account in calculating your insurance period.
FPH
The strike is a collective and concerted cessation of work.
It must have as its object defense of professional interests.
The right to strike is recognized to public officials.
However, it is the subject of some limitations.
Some forms of strike are prohibited :
- Rotating strike (cessation of work by concerted rotation of the different sectors or occupational categories of the same administration or service so that the workforce is never fully staffed in order to slow down work and disrupt the service)
- Political strike not justified on professional grounds
- Strike on the job with occupancy and blocking of the work premises.
Reminder
The pearl strike and the strike of zeal which consist of short and repeated work stoppages and concerted slowdowns in the performance of tasks do not legally constitute strikes. Participating in such an event constitutes a misconduct that may warrant disciplinary action.
All public hospital officials have the right to strike.
The strike must be preceded of a advance notice.
The notice is a written information transmitted by one or more trade union organizations atemployer administration for warn him that a strike is being considered.
Notice must be given by one or more trade union organizations nationally representative, in the professional category or theadministration or the service concerned.
The notice shall specify the patterns the use of strike action, its geographical field, thestart time and the duration limited or not of the planned strike.
The notice must arrive 5 clear days before triggering the strike to the hierarchical authority or management of the administration concerned.
During the period of notice, the trade union organizations and the employer's administration must negotiate.
If this obligation of notice is not respected, the administration can take disciplinary sanctions against striking agents.
FYI
A public official is not obliged to stop work for the entire period indicated by the notice. He can stop or return to work at the time he chooses.
The rules differ depending on the situation:
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Services subject to a minimum service
Hospital workers may be required to provide a minimum of service.
It is the warden who is competent to organize the minimum service.
Assignment
The director of a hospital may assign a striking officer to return to duty.
The purpose of the subpoena is to ensure the continuity of care in the event of a strike.
The summons shall take the form of an individual letter from the administration addressed to the staff member concerned.
Requisition
In the event of a strike seriously affecting the continuity of public service or the needs of the population, certain agents may be requisitioned.
The requisition can be decided by the prefect.
The prefect must specify the reason why he is using the requisition.
It may be the subject of a appeal to the administrative judge.
Reminder
A striking agent is not obliged to inform his administration of his intention to strike. However, a staff member who works in a minimum service structure must inform his administration in advance of his intention to strike.
The absence of service gives rise to a deductions proportional to the duration of the strike, comparing that period with the service obligations to which the member of staff was subject during the period of the strike.
Thus, the retention is equal to 1/30è for a day away, 1/60è for a half-day absence, 1/151,67è per hour of absence.
For a staff member who is on duty in the form of 24-hour shifts followed by rest, the administration shall take into account the number of shifts not performed in relation to the average number of shifts per month.
Example :
A staff member whose service consists in performing 120 24-hour shifts per year, or on average 10 shifts per month: if he does not perform 2 shifts for strike, the deduction from remuneration will be equal to 2/10my of the remuneration of the month in question (and not at 2/30my).
The deduction is calculated on all remuneration: salary, residence allowance, bonuses and allowances.
Premiums paid annually are included in the withholding tax base. They must be reduced to an average monthly equivalent, based on the amount paid in the previous year, in order to calculate the amount of 30me to remember.
On the other hand, Family Treatment Supplement (FTS) shall be maintained in full. Refunds of expenses are also not taken into account in the deduction.
The restraint shall not exceed seizable proportion of remuneration.
There is no requirement that the deduction be made from the remuneration of the month in which the strike took place. But it must be calculated on the remuneration of that month.
The portion of the unpaid remuneration is not subject to contribution.
If the strike lasts for several consecutive days, the number of 30my is equal to the number of days from 1er day included on the last inclusive day of strike.
This count applies even if, on some of these days, the officer had no service to perform (holidays, holidays, weekends).
For example, when an officer goes on strike on a Friday and the following Monday, he is held 4/30my.
Reminder
Unpaid and therefore unpaid strike days are not taken into account for retirement. However, if, on the same day, you went on strike for a few hours and were paid for a few hours, the entire day is taken into account in calculating your insurance period.
Right to strike in public services
Articles L133-2, L133-4: right to strike in nursery and elementary schools