Suspension of duties in the event of serious misconduct in the civil service
Verified 13 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Suspension of duties consists in temporarily removing from the service a public official who has committed acts which may constitute disciplinary misconduct and disrupt the operation of the service. It's not a disciplinary measure. We're giving you details of what that measure is and what its effects are.
Suspending functions consists of temporarily remove of the service a public official who has committed acts which may constitute a disciplinary misconduct and disrupt the service operation.
Such removal shall be in the interest of the public service and/or in the interest of the staff member himself pending the settlement of his situation.
It's an administrative measure conservatory which is intended to prevent any disturbances which may adversely affect the interests of the service and/or of the staff member himself. Suspension of functions is not a disciplinary sanction.
The suspension of duties does not determine in advance the decision of the administration to sanction you or not, nor, in case of sanction, the choice of disciplinary sanction.
The facts constituting disciplinary misconduct which may justify a suspension of duties may consist in a breach of professional obligations or in a infringement.
Thus:
- The disclosure of confidential documents to the public or to the press constitutes a breach of the duty of restraint, professional discretion and loyalty to his employer's administration
- It is an offense (intentional assault and battery) to participate in a brawl in which a colleague was seriously injured
You can be suspended from office no matter who you are civil servant (trainee or holder) or contractual.
The suspension of duties is decided by your employer administration.
If you are a seconded public servant, your host administration is competent to issue your suspension of duties.
As the suspension of duties is not a disciplinary measure, it is therefore not subject to a particular procedure.
The communication of your individual file is not a mandatory prerequisite for the suspension decision.
Consultation of the Disciplinary Board is not necessary.
The administration alone decides on your suspension of duties.
Suspending functions takes the form of a decree who you are notified.
There is no provision in the text for the period within which the decision to suspend duties must be taken after the acts on which it is based have occurred.
Your situation during the period of suspension varies depending on whether you are a public servant or a contract employee.
You're a public servant
You no longer work and can no longer come to your work premises.
But you continue to collect your index treatment and the residence allowance and the family treatment supplement (FTS) if you benefit from these 2 compensation supplements.
You stay in activity position during your suspension of duties.
The period of suspension of service therefore has no effect on your promotion rights (step and grade).
This period is taken into account for retirement.
You're contractual
You no longer work and can no longer come to your work premises.
But you continue to collect your index treatment and the residence allowance and the family treatment supplement (FTS) if you have these 2 compensation elements.
You are still considered active during your suspension of duties.
The period of suspension of service shall therefore have no effect on the calculation of the length of service required for the award of certain leave or benefits.
This period is taken into account for retirement.
Suspension of functions is limited to 4 months.
At the end of this period, your situation varies depending on whether or not you are the subject of criminal proceedings and whether you are the subject of such proceedings, depending on whether you are a public servant or a contract worker.
General case
If, at the end of the 4-month period, no disciplinary action has been taken against you, the suspension of duties automatically ends and you are reinstated.
You can go back to your job.
After suspending duties, the administration must therefore promptly refer the matter to the Disciplinary Board for its opinion and decide on the sanction it wishes to apply.
If the administration has not made a final decision within the four-month period and has had to reinstate you in your position, it may, however, continue the disciplinary procedure.
The administration may decide to end the suspension of service before the end of the 4 months while continuing the disciplinary procedure or not.
If you are being prosecuted
You're a public servant
You're under criminal prosecution in any of the following situations:
- You're under a criminal investigation
- You're summoned to court
- You are the subject of a civil party complaint
- You are under indictment or judicial supervision
If, at the end of the 4-month period, no disciplinary action has been taken, there is 3 possibilities:
- You are either reinstated if the measures decided by the judicial authority or in the interests of the service do not preclude it
- You are provisionally assigned, by reasoned decision and subject to service requirements, in a position compatible with the obligations of judicial review to which you may be subject
- Either you are automatically posted, temporarily, to another body or framework of uses to hold a position compatible with the obligations of judicial review to which you may be subject
This assignment or temporary secondment shall end in any of the following circumstances:
- The administration makes a final decision on whether or not to sanction you
- The development of criminal proceedings makes it impossible to extend this temporary assignment or secondment
The measures taken by the employer's administration with regard to you are communicated to the judge who ordered the judicial review and to the public prosecutor.
They shall also be communicated to the HEADING: titleContent to which your original body or job cadre belongs.
If you cannot be reinstated, posted or seconded to another job, the administration can reduce your salary and your residence allowance (if you receive this component of remuneration) by up to half.
The Family Salary Supplement (FTS), on the other hand, continues to be paid to you in full (if you receive this element of remuneration).
In case of dismissal, discharge, acquittal or dismissal, you are restored to your duties.
Please note
If you are incarcerated or unable to perform any duties due to judicial review, it is not necessary for the administration to suspend you from your duties. It may interrupt your payment for lack of service.
You're contractual
You're under criminal prosecution in any of the following situations:
- You're under a criminal investigation
- You're summoned to court
- You are the subject of a civil party complaint
- You are under indictment or judicial supervision
If, at the end of the 4-month period, you cannot be reinstated because of criminal proceedings, the administration may apply a maximum withholding tax of 50% on your index salary and residence allowance (if you receive this element of remuneration).
The Family Treatment Supplement (FTS), on the other hand, continues to be paid in full.
The judge who ordered the judicial review and the public prosecutor are informed.
The CCP: titleContent which you also report to.
In case of dismissal, discharge, acquittal or dismissal, you are restored to your duties.
Please note
If you are incarcerated or unable to perform any duties due to judicial review, it is not necessary for the administration to suspend you from your duties. It may interrupt your payment for lack of service.