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Article

French

ID: <

10670/1.3tib8g

>

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Use of the contract in the civil service: bypassing the Staff Regulations, selecting staff and testing them

Abstract

National audience. Contrary to routine representation, the civil service is not an island of sustainability and stability preserved by the processes of insecurity and flexibilisation; as in other sectors, there are forms of social insecurity and significant inequalities in forms of employment. The phenomenon is old, massive and has become more pronounced in recent years. There is now a minority of officials and other servants in recruitment: in 2016, half of the staff recruited to the civil service were recruited under public law contracts and almost one in five in assisted employment. This article addresses the different dimensions of the employment relationship between the State and its contract staff, distinguishing three levels of analysis: the legal aspects of the public law contract; the practical implementation of the employment relationship; and the experience of contract staff. It argues that the contract is a form of employment which enables employers to circumvent the statutory framework, but also a tool to test, identify and retain, and thus sometimes also to discipline the workforce.

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