Can a public service contractor have a DTA?
Verified 20 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Depending on the public service in which you are recruited (state - EPF, territorial, FPT or hospital - FPH) and the reason for your recruitment, you can benefit from a DTA: titleContent after a certain period of employment in CSD: titleContent or be recruited directly by CDI. We present these conditions.
EPF
You can be recruited on a fixed term permanent employment for any of the following reasons:
- Perform functions for which there is no body of corresponding officials
- The nature of the duties or the needs of the departments justify it, in particular to perform duties requiring specialized or new technical skills or to fill a post in which the administration does not have an application for an official with the relevant professional expertise or experience
- To hold a position in a public establishment of the State, except in the case of a position to be filled by research staff
- To hold a post not requiring statutory training giving rise to establishment in a civil service corps
- To hold a job in incomplete time with a working week of 24 hours 30 or less
The duration of your CDD is Maximum 3 years renewable by express renewal up to Maximum 6 years. After 6 years, your contract can only be renewed on a DTA.
And if you are recruited or if your contract is renewed on one of these jobs when you already have 6 years of public service in same hierarchical category, your contract can only be concluded or renewed on a DTA.
If you reach this 6-year term of service before the end of a current term, your term is considered to be an indefinite term.
Your employer administration sends you a proposal of amendment to your contract confirming your transition to a DTA.
If you refuse this amendment, you will be held on a fixed-term contract until its scheduled end date.
The duration of 6 years on a job of the same hierarchical category is calculated by taking into account your services on a permanent contract basis for one of the following reasons:
- Perform functions for which there is no corresponding staff complement
- The nature of the duties or the needs of the departments justify it, in particular to perform duties requiring specialized or new technical skills or to fill a post in which the administration does not have an application for an official with the relevant professional expertise or experience
- To hold a post in a State public establishment unless it is a post to be filled by research staff
- To hold a post not requiring statutory training giving rise to establishment in a civil service corps
- To hold a job in incomplete time with a working week of 24 hours 30 or less
The services performed on temporary contracts to replace an official or contract staff on part-time or leave (sickness, maternity, etc.) shall also be taken into account in calculating the 6-year period required for a transition to a temporary contract.
This period of 6 years must have been completed in full with the same ministerial department, the same public authority or the same public establishment.
Services performed on an incomplete or part-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 4 months maximum between 2 contracts, the period of the health emergency is not taken into account.
Reminder
Renewal of a fixed term is not a right. Renewal of a contract is justified by the needs of the service.
You can be recruited directly on a DTA, without condition of prior serviceon permanent employment for any of the following reasons:
- Perform functions for which there is no corresponding staff complement
- The nature of the duties or the needs of the departments justify it, in particular to perform duties requiring specialized or new technical skills or to fill a post in which the administration does not have an application for an official with the relevant professional expertise or experience
- To hold a position in a public establishment of the State, except in the case of a position to be filled by research staff
- To hold a post not requiring statutory training giving rise to establishment in a civil service corps
- To hold a job in incomplete time with a working week of 24 hours 30 or less
If you are recruited by a State administration or public administrative institution while you are already on a DTA in another administration State or hospital, you can be recruited in CDI if the following 2 conditions are met:
- Your old and new functions are same hierarchical category
- You are recruited for one of the following reasons:
- Perform functions for which there is no corresponding staff complement
- The nature of the duties or the needs of the departments justify it, in particular to perform duties requiring specialized or new technical skills or to fill a post in which the administration does not have an application for an official with the relevant professional expertise or experience
- To hold a post not requiring statutory training giving rise to establishment in a civil service corps
- To hold a job in incomplete time with a working week of 24 hours 30 or less
FPT
You can be recruited on a fixed term permanent employment for any of the following reasons:
- Perform functions for which there is no employment framework correspondent
- The needs of the services or the nature of the functions justify this and no territorial officials 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
- Take up a job in a new municipality resulting from the merger of municipalities with less than 1 000 inhabitants for a period of 3 years following its creation, possibly extended to 1er renewal of the municipal council following this creation
- To hold a job in non-full time working less than 17.30 hours per week in a community other than a new municipality, a municipality of less than 1 000 inhabitants or a group of municipalities of less than 15 000 inhabitants
- Work in a municipality of less than 2 000 inhabitants or in a group of municipalities of less than 10 000 inhabitants, the creation or removal of which depends on the decision of an authority which is binding on the community or establishment (for example, the employment of a specialized territorial agent of nursery schools - Atsem - the creation or removal of which depends on the decisions of the national education to open or close classes)
- To hold a job as general secretary of town hall in a commune of less than 2,000 inhabitants
The duration of your CDD is Maximum 3 years renewable by express renewal up to Maximum 6 years. After 6 years, your contract can only be renewed on a DTA.
And if you are recruited or if your contract is renewed on one of these jobs when you already have 6 years of public service in same hierarchical category, your contract can only be concluded or renewed on a DTA.
If you reach this 6-year term of service before the end of an ongoing DTA, you and your employing community can enter into a DTA by mutual agreement.
If you decide not to enter into this new contract, you will be held on a fixed term until the end date.
The duration of 6 years on a job of the same hierarchical category is calculated by taking into account your services on a permanent contract basis for one of the following reasons:
- Perform functions for which there is no employment framework correspondent
- The needs of the services or the nature of the functions justify this and no territorial officials 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
- Take up a job in a new municipality resulting from the merger of municipalities with less than 1 000 inhabitants for a period of 3 years following its creation, possibly extended to 1er renewal of the municipal council following this creation
- To hold a job in non-full time working less than 17.30 hours per week in a community other than a new municipality, a municipality of less than 1 000 inhabitants or a group of municipalities of less than 15 000 inhabitants
- Work in a municipality of less than 2 000 inhabitants or in a group of municipalities of less than 10 000 inhabitants, the creation or removal of which depends on the decision of an authority which is binding on the community or establishment (for example, the employment of a specialized territorial agent of nursery schools - Atsem - the creation or removal of which depends on the decisions of the national education to open or close classes)
- To hold a job as general secretary of town hall in a commune of less than 2,000 inhabitants
Services performed on fixed-term contracts for one of the following reasons are also taken into account in the calculation of the 6-year period required for a transition to a fixed-term contract:
- Dealing with a temporary or seasonal increase in activity
- To provide service through a management center to replace staff temporarily unavailable, perform temporary assignments, fill vacancies that cannot be filled immediately, or perform permanent full-time or non-full-time assignments
This period of 6 years must have been completed in whole with the same community or institution.
Non-full-time and part-time services shall be treated as full-time services.
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 4 months maximum between 2 contracts, the period of the health emergency is not taken into account.
Reminder
Renewal of a fixed term is not a right. Renewal of a contract is justified by the needs of the service
If your community or your employing institution offers you a new contract 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 the following 2 conditions are met:
- Your old and new functions are same hierarchical category
- You are recruited for one of the following reasons:
- Perform functions for which there is no employment framework correspondent
- The needs of the services or the nature of the functions justify this and no territorial officials 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
- Take up a job in a new municipality resulting from the merger of municipalities with less than 1 000 inhabitants for a period of 3 years following its creation, possibly extended to 1er renewal of the municipal council following this creation
- To hold a job in non-full time working less than 17.30 hours per week in a community other than a new municipality, a municipality of less than 1 000 inhabitants or a group of municipalities of less than 15 000 inhabitants
- Work in a municipality of less than 2 000 inhabitants or in a group of municipalities of less than 10 000 inhabitants, the creation or removal of which depends on the decision of an authority which is binding on the community or establishment (for example, the employment of a specialized territorial agent of nursery schools - Atsem - the creation or removal of which depends on the decisions of the national education to open or close classes)
- To hold a job as general secretary of town hall in a commune of less than 2,000 inhabitants
- Lack of a framework of posts corresponding to the functions sought
- Absence of a civil servant who corresponds to the nature of the duties or the needs of the service
- Employment at non-full time with a working week of less than 17.30 hours
- Full-time or non-full-time employment of a municipality of less than 1 000 inhabitants or of a group of municipalities of less than 15 000 inhabitants
- Full-time or non-full-time employment of a new municipality resulting from the merger of municipalities with less than 1 000 inhabitants, for 3 years after the creation of the new municipality, or up to 1er renewal of municipal council
- Employment of a municipality of less than 2 000 inhabitants or a group of municipalities of less than 10 000 inhabitants, the creation or removal of which depends on the decision of an authority which is binding on the community or establishment (for example, the employment of a specialized territorial agent of nursery schools - Atsem - the creation or removal of which depends on the decisions of the National Education to open or close classes)
FPH
You can be recruited on a fixed term permanent employment for any of the following reasons:
- This is justified by the nature of the functions or the needs of the services, in particular where there are no body hospital officials able to perform the corresponding functions or to perform functions newly taken over by the administration or requiring highly specialized technical knowledge
- Occupy a non-full-time employment with a working week of less than 17.30 hours
The duration of your CDD is Maximum 3 years renewable by express renewal up to Maximum 6 years. After 6 years, your contract can only be renewed on a DTA.
And if you are recruited or if your contract is renewed on one of these jobs when you already have 6 years of public service in functions of the same hierarchical category, your contract can only be concluded or renewed on a permanent contract.
If you reach this 6-year term of service before the end of a current term, your term is considered to be an indefinite term.
Your employer institution sends you a proposal foragreeable to your contract confirming your transition to a DTA.
If you refuse this amendment, you will be held on a fixed-term contract until its scheduled end date.
The duration of 6 years on a job of the same hierarchical category is calculated by taking into account your services on a permanent contract basis for one of the following reasons:
- This is justified by the nature of the functions or the needs of the services, in particular where there are no body hospital officials able to perform the corresponding functions or to perform functions newly taken over by the administration or requiring highly specialized technical knowledge
- Occupy a non-full-time employment with a working week of less than 17.30 hours
Services performed on a temporary or seasonal basis to cope with a temporary or seasonal increase in activity are also taken into account in calculating the 6-year period required for a transition to a permanent contract.
This period of 6 years must have been completed all from the same establishment.
Services performed on an incomplete or part-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 4 months maximum between 2 contracts, the period of the health emergency is not taken into account.
Reminder
Renewal of a fixed term is not a right. Renewal of a contract is justified by the needs of the service.
You can be recruited directly on a DTA, without condition of prior serviceon permanent employment for any of the following reasons:
- This is justified by the nature of the functions or the needs of the services, in particular where there are no body hospital officials able to perform the corresponding functions or to perform functions newly taken over by the administration or requiring highly specialized technical knowledge
- Occupy a non-full-time employment with a working week of less than 17.30 hours
If you are recruited by a public hospital institution while you are already on a DTA in another administration hospital, state or territorial), you can be recruited in CDI if the following 2 conditions are met:
- Your old and new functions are same hierarchical category
- You are recruited for one of the following reasons:
- This is justified by the nature of the functions or the needs of the services, in particular where there are no body hospital officials able to perform the corresponding functions or to perform functions newly taken over by the administration or requiring highly specialized technical knowledge
- Occupy a non-full-time employment with a working week of less than 17.30 hours
State civil service
Territorial civil service
Hospital civil service
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