Le lien vers cette page a été envoyé avec succès aux destinataires.
Disciplinary sanctions in the public service
Verified 07 October 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Have you committed professional misconduct or an offense and your employer administration is taking disciplinary action against you? The rules applicable to disciplinary proceedings vary according to your public service of origin (State - FPE, territorial - FPT, hospital - FPH) and according to whether you are a permanent or probationary public servant or a contract public servant. We present you with the information you need to know.
What applies to you ?
EPF
What is the procedure for disciplinary proceedings against a permanent official?
Any misconduct committed in the exercise or in the course of your duties is subject to disciplinary action (and possibly criminal conviction if the facts constitute a violation of the law). infringement).
Your employer administration informs you in writing that she initiate disciplinary proceedings against you and specify the facts of which you are accused.
Depending on the nature and seriousness of the facts, your employer's administration may decide to appoint you suspend your duties not to disturb the proper operation of the service.
Disciplinary proceedings must be initiated within 3 years following the day on which the administration has had actual knowledge of the reality, nature and extent of the acts liable to punishment.
If you are the subject of criminal proceedings, this period of 3 years is interrupted until the final decision of no further action, dismissal, acquittal, discharge or conviction.
After the three-year period, which may have been interrupted by criminal proceedings, the facts in question can no longer be relied on in disciplinary proceedings.
The fact that you are on sick leave does not prevent your employer administration from instituting disciplinary proceedings against you.
No disciplinary sanctions other than those stated of 1er group may not be pronounced without prior consultation of the HEADING: titleContent sitting in the Disciplinary Board.
Sanctions of 1er These are the lightest sanctions: warning, reprimand, temporary exclusion from office for a maximum of 3 days.
Reasons must be given for the opinion of the Disciplinary Board and for your administration's decision imposing a disciplinary penalty.
The Disciplinary Board is seized by a report from your employer administration.
The report shall specify the facts alleged against you and the circumstances in which they were committed.
You are called by the chairman of the Disciplinary Board not less than 15 days before the date of the meeting, by registered letter with acknowledgement of receipt.
You can make written or oral submissions to the Disciplinary Board and summon witnesses.
You have the right to remain silent before the Disciplinary Board.
You may be assisted by one or more defenders of your choice.
You, or your advocate, can request that your file be postponed to a future meeting.
The Disciplinary Board may agree to postpone the examination of your file to a majority of the members present. Such a postponement is possible only once.
The administration may also call witnesses.
Any witness may ask to be assisted by a third person of his choice, if he considers himself to be the victim of discrimination or sexual or moral harassment on your part. This is true regardless of what you are accused of.
The Chairman of the Disciplinary Board shall, at the beginning of the sitting, inform the members of the Board of the conditions under which you, and your counsel, have exercised your right to receive full disclosure of your individual file and related documents.
The report drawn up by your employer's administration and any written observations which you may have submitted shall be read in the sitting.
The Disciplinary Board hear each witness separately.
At your request or at the request of your counsel or a member of the Board, the Chairman of the Disciplinary Board may decide to conduct a confrontation of witnesses, or a rehearing of a witness already heard.
You and your counsel may at any time request the Chair of the Disciplinary Board to intervene to make oral submissions.
You and your advocate should be invited to present final observations before the Disciplinary Board begins its deliberations.
The members of the Disciplinary Board deliberate in camera.
If the Disciplinary Board does not consider itself sufficiently informed of the circumstances in which the facts occurred, it may, by a majority of the members present, order an investigation.
The Disciplinary Board shall take its decision at the majority of members present.
The President of the Council shall put to the vote the proposal for the most severe sanction of those expressed during the deliberations.
If this proposal does not receive the agreement of the majority of the members present, the President shall put to the vote the other sanctions in the scale of disciplinary sanctions, starting with the most severe one after the proposed sanction, until one of them receives the agreement of the majority of the members present.
The proposal which has the agreement of the majority of the members present shall state the reasons on which it is based and shall be forwarded to your employer's administration.
If your employer administration takes a decision on sanction other than that proposed by the Disciplinary Board, it must inform the Disciplinary Board of the reasons for not following its proposal.
If none of the proposals submitted to the Disciplinary Board, including the proposal not to impose sanctions, obtains the agreement of a majority of the members present, the Disciplinary Board shall be considered to have been consulted and to have voted in favor of none of those proposals.
The chairman of the board then informs your employer administration of this situation. If your employer authority imposes a disciplinary penalty on you, it must inform the Board of the reasons for doing so.
The Disciplinary Board must give its opinion within a month following referral by the report of your employer administration. This period shall be extended to 2 months when an investigation is carried out. It shall also be extended by the time limit for postponement where the Disciplinary Board has responded favorably to a request for postponement of the examination of the case.
Your employer administration may decide, after consulting the Disciplinary Board, to make public the decision imposing a penalty and the reasons therefor.
What are the rights of the prosecuted official?
When disciplinary proceedings are instituted against you, you are entitled to full communication of your individual file and all supporting documents.
Your employer administration must inform you of this right to communication.
The documents in your individual file and supporting documents must be numbered.
If your employer administration carries out an administrative inquiry to establish the reality of the facts alleged against you, the report drawn up at the end of that inquiry is part of the supporting documents which must be disclosed.
If, during the investigation, hearings have been held, the minutes of the hearing must also be communicated unless such communication seriously prejudices the persons who have testified.
You are also entitled toassistance of one or more defenders of your choice.
You have the right to remain silent before the Disciplinary Board.
What disciplinary measures are applicable?
Disciplinary sanctions applicable to an established official shall be classified into 4 groups, ranging from the lightest to the most severe.
Group | Sanctions |
|---|---|
1er group | - Warning - Blame - Temporary exclusion from 1-3 day duties |
2è group | - Removal from the progress table - Step reduction to the next lower step - Temporary exclusion from 4 to 15 days of service - Office travel |
3è group | - Demotion to the next lower grade, to a step with an index equal to or immediately lower than the one you hold - Temporary exclusion from 16 days to 2 years |
4è group | - Ex officio retirement - Revocation |
The removal from the progress table may also be pronounced as additional penalty to a penalty of the 2e and 3e groups.
Temporary exclusion from employment is a period during which you are excluded from service and no longer receive any remuneration.
This period is not taken into account for retirement because, since you are no longer paid, you no longer contribute.
You can benefit from a reprieve total or partial.
However, in the event of temporary exclusion from office on 3e group, you are compulsorily excluded from service for a minimum of 1 month, even in case of suspension.
You are definitively exempted from the part of the penalty for which you have been suspended, if you are not subject to any penalty other than the warning or reprimand within 5 years of your temporary disqualification from office.
This period shall be reduced to 3 years in the event of temporary exclusion from office on 1er group (from 1 to 3 days).
However, if you are subject to a further temporary exclusion from office during this 5-year (or 3-year) period, your stay is revoked and you must complete the part of the penalty to which it related.
What remedies are available in the event of a decision imposing a penalty?
The decision to impose a penalty may be taken within two months of the date of its notification of a ex gratia and/or hierarchical appeal and/or a litigation before the administrative court.
In the case of an ex gratia or hierarchical appeal, the 2-month period for bringing proceedings before the administrative court is suspended until the administration has notified its decision.
The penalty remains immediately applicable even if you appeal.
What are the conditions for inclusion in the file and for deletion of disciplinary sanctions?
The conditions under which sanctions are recorded and then erased from your personal file vary according to the different groups of sanctions.
Sanctions | Agent Folder Enrollment | Condition for the cancelation of the penalty | |
|---|---|---|---|
1er group | Warning | No | Not applicable |
- Blame - Temporary exclusion from 1-3 day duties | Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period | |
2è group | - Removal from the progress table - Step reduction - Temporary exclusion from 4 to 15 days of service - Office travel | Yes | Erasure, at your request, after 10 years of effective services from the date of the sanction The administration may not refuse such a request if no penalty has been imposed during that period Your folder is reconstituted in its new composition. |
3è group | - Downgrade to next lower grade - Temporary exclusion from 16 days to 2 years | Yes | Erasure, at your request, after 10 years of effective services from the date of the sanction The administration may not refuse such a request if no penalty has been imposed during that period Your folder is reconstituted in its new composition |
4è group | - Ex officio retirement - Revocation | Yes | Not applicable |
What is the procedure for disciplinary proceedings?
Any misconduct committed in the exercise or in the course of your duties is liable to disciplinary action and possibly to a criminal conviction if the acts constitute an offense.
Your employer administration informs you in writing that it is instituting disciplinary proceedings against you and specifies the facts alleged against you.
Depending on the nature and seriousness of the facts, your employer's administration may decide to appoint you suspend your duties not to disturb the proper operation of the service.
Disciplinary proceedings must be initiated within 3 years following the day on which the administration has had actual knowledge of the reality, nature and extent of the acts liable to punishment.
If you are the subject of criminal proceedings, this period of 3 years is interrupted until the final decision of no further action, dismissal, acquittal, discharge or conviction.
After the three-year period, which may have been interrupted by criminal proceedings, the facts in question can no longer be relied on in disciplinary proceedings.
The fact that you are on sick leave does not prevent your employer administration from instituting disciplinary proceedings against you.
No disciplinary penalty other than warning and reprimand may be imposed without prior consultation with the HEADING: titleContent sitting in the Disciplinary Board.
Reasons must be given for the opinion of the Disciplinary Board and for your administration's decision imposing a disciplinary penalty.
The Disciplinary Board is seized by a report from your employer administration.
The report shall specify the facts alleged against you and the circumstances in which they were committed.
You are called by the chairman of the Disciplinary Board not less than 15 days before the date of the meeting, by registered letter with acknowledgement of receipt.
You can make written or oral submissions to the Disciplinary Board and summon witnesses.
You have the right to remain silent before the Disciplinary Board.
You may be assisted by one or more defenders of your choice.
You, or your advocate, can request that your file be postponed to a future meeting.
The Disciplinary Board may agree to postpone the examination of your file to a majority of the members present. Such a postponement is possible only once.
The administration may also call witnesses.
Any witness may ask to be assisted by a third person of his choice, if he considers himself to be the victim of discrimination or sexual or moral harassment on your part. This is true regardless of what you are accused of.
The Chairman of the Disciplinary Board shall, at the beginning of the sitting, inform the members of the Board of the conditions under which you, and your counsel, have exercised your right to receive full disclosure of your individual file and related documents.
The report drawn up by your employer's administration and any written observations which you may have submitted shall be read in the sitting.
The Disciplinary Board hear each witness separately.
At your request or at the request of your counsel or a member of the Board, the Chairman of the Disciplinary Board may decide to conduct a confrontation of witnesses, or a rehearing of a witness already heard.
You and your counsel may at any time request the Chair of the Disciplinary Board to intervene to make oral submissions.
You and your advocate should be invited to present final observations before the Disciplinary Board begins its deliberations.
The members of the Disciplinary Board deliberate in camera.
If the Disciplinary Board does not consider itself sufficiently informed of the circumstances in which the facts occurred, it may, by a majority of the members present, order an investigation.
The Disciplinary Board shall take its decision at the majority of members present.
The President of the Council shall put to the vote the proposal for the most severe sanction of those expressed during the deliberations.
If this proposal does not receive the agreement of the majority of the members present, the President shall put to the vote the other sanctions in the scale of disciplinary sanctions, starting with the most severe one after the proposed sanction, until one of them receives the agreement of the majority of the members present.
The proposal which has the agreement of the majority of the members present shall state the reasons on which it is based and shall be forwarded to your employer's administration.
If your employer administration takes a decision on sanction other than that proposed by the Disciplinary Board, it must inform the Disciplinary Board of the reasons for not following its proposal.
If none of the proposals submitted to the Disciplinary Board, including the proposal not to impose sanctions, obtains the agreement of a majority of the members present, the Disciplinary Board shall be considered to have been consulted and to have voted in favor of none of those proposals.
The chairman of the board then informs your employer administration of this situation. If your employer authority imposes a disciplinary penalty on you, it must inform the Board of the reasons for doing so.
The Disciplinary Board must give its opinion within a month following referral by the report of your employer administration. This period shall be extended to 2 months when an investigation is carried out. It shall also be extended by the time limit for postponement where the Disciplinary Board has responded favorably to a request for postponement of the examination of the case.
Your employer administration may decide, after consulting the Disciplinary Board, to make public the decision imposing a penalty and the reasons therefor.
What are the rights of the probationer?
When disciplinary proceedings are instituted against you, you are entitled to full communication of your individual file and all supporting documents.
Your employer administration must inform you of this right to communication.
The documents in your individual file and supporting documents must be numbered.
If your employer administration carries out an administrative inquiry to establish the reality of the facts alleged against you, the report drawn up at the end of that inquiry is part of the supporting documents which must be disclosed.
If, during the investigation, hearings have been held, the minutes of the hearing must also be communicated unless such communication seriously prejudices the persons who have testified.
You are also entitled toassistance of one or more defenders of your choice.
You have the right to remain silent before the Disciplinary Board.
What disciplinary measures are applicable to the probationer?
Disciplinary sanctions applicable to a probationary official shall be as follows, from the least severe to the most severe:
- Warning
- Blame
- Temporary exclusion from office for up to 2 months
- Office travel
- Permanent exclusion from service
Temporary exclusion from employment is a period during which you are excluded from service and no longer receive any remuneration.
This period is not taken into account for retirement because, since you are no longer paid, you no longer contribute.
If you are permanently excluded and you are a full-time civil servant in another body or job setting, your secondment for probationary service is terminated and your home administration may initiate disciplinary proceedings against you in your original body or job setting.
What remedies are available in the event of a decision imposing a penalty?
The decision to impose a penalty may be taken within two months of the date of its notification of a ex gratia and/or hierarchical appeal and/ora contentious appeal to the administrative court.
In the case of an ex gratia or hierarchical appeal, the 2-month period for bringing proceedings before the administrative court is suspended until the administration has notified its decision.
The penalty remains immediately applicable even if you appeal.
What are the conditions for inclusion in the file and for deletion of disciplinary sanctions?
The conditions for registration and subsequent deletion of the file vary according to the sanctions.
Sanctions | Agent Folder Enrollment | Condition for the cancelation of the penalty |
|---|---|---|
Warning | No | Not applicable |
Blame | Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period |
Temporary exclusion from office for up to 2 months | Yes | Erasure, at your request, after 10 years of effective services from the date of the sanction The administration may not refuse such a request if no penalty has been imposed during that period Your folder is reconstituted in its new composition |
Office travel | Yes | Erasure, at your request, after 10 years of effective services from the date of the sanction The administration may not refuse such a request if no penalty has been imposed during that period Your folder is reconstituted in its new composition |
Permanent exclusion from service | Yes | Not applicable |
What is the procedure for disciplinary proceedings?
Any misconduct committed in the exercise or in the course of your duties is liable to disciplinary action and possibly to a criminal conviction if the acts constitute an offense.
Your employer administration informs you in writing that it is instituting disciplinary proceedings against you and specifies the facts alleged against you.
Depending on the nature and seriousness of the facts, your employer's administration may decide to appoint you suspend your duties not to disturb the proper operation of the service.
Disciplinary proceedings must be initiated within 3 years following the day on which the administration has had actual knowledge of the reality, nature and extent of the acts liable to punishment.
If you are the subject of criminal proceedings, this period of 3 years is interrupted until the final decision of no further action, dismissal, acquittal, discharge or conviction.
After the three-year period, which may have been interrupted by criminal proceedings, the facts in question can no longer be relied on in disciplinary proceedings.
The fact that you are on sick leave does not prevent your employer administration from instituting disciplinary proceedings against you.
No disciplinary sanction other than warning, reprimand and temporary exclusion from office for a maximum of 3 days may be imposed without prior consultation with the CCP: titleContentsitting in the Disciplinary Board.
Reasons must be given for the CPC's opinion and for your administration's decision imposing a disciplinary penalty.
The CCP is referred to it by a report from your employer's administration which indicates the facts alleged against you and the circumstances in which they occurred.
What are the rights of the contract staff member being sued?
When disciplinary proceedings are instituted against you, you are entitled to full communication of your individual file and all supporting documents.
Your employer administration must inform you of this right to communication.
The documents in your individual file and supporting documents must be numbered.
If your employer administration carries out an administrative inquiry to establish the reality of the facts alleged against you, the report drawn up at the end of that inquiry is part of the supporting documents which must be disclosed.
If, during the investigation, hearings have been held, the minutes of the hearing must also be communicated unless such communication seriously prejudices the persons who have testified.
You are also entitled toassistance of one or more defenders of your choice.
You have the right to remain silent before the Disciplinary Board.
What are the disciplinary measures applicable to the contract staff member?
Disciplinary sanctions applicable to a contractor are the following, from the lightest to the most severe:
- Warning
- Blame
- Temporary exclusion from 3-day maximum jobs
- Temporary exclusion from duties from 4 days to 6 months maximum if you are in CSD: titleContent or from 4 days to 1 year maximum if you are in DTA: titleContent
- Dismissal without notice or compensation
Temporary exclusion from employment is a period during which you are excluded from service and no longer receive any remuneration.
If you are on a DTA, it can be accompanied by a reprieve in whole or in part, for a maximum period of one month.
In the event of a further temporary exclusion from office within 5 years following 1re exclusion, the stay is revoked, i.e. the 1re exclusion period is applied.
This period is reduced to 3 years if the total duration of exclusion of the 2 sanctions does not exceed 3 days.
What remedies are available in the event of a decision imposing a penalty?
The decision to impose a penalty may be taken within two months of the date of its notification of a ex gratia and/or hierarchical appeal and/ora contentious appeal to the administrative court.
In the case of an ex gratia or hierarchical appeal, the 2-month period for bringing proceedings before the administrative court is suspended until the administration has notified its decision.
The penalty remains immediately applicable even if you appeal.
What are the conditions for inclusion in the file and for deletion of disciplinary sanctions?
The conditions for registration and subsequent deletion of the file vary according to the sanctions.
Sanctions | Agent Folder Enrollment | Condition for the cancelation of the penalty |
|---|---|---|
Warning | No | Not applicable |
Blame | Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period |
Temporary exclusion from 3-day maximum jobs | Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period |
Temporary exclusion of functions longer than 3 days | Yes | Erasure, at your request, after 10 years of effective services from the date of the sanction The administration may not refuse such a request if no penalty has been imposed during that period Your folder is reconstituted in its new composition |
Dismissal without notice or compensation | Yes | Not applicable |
FPT
What is the procedure for disciplinary proceedings?
Any misconduct committed in the exercise or in the course of your duties is subject to disciplinary action (and possibly criminal conviction if the facts constitute a violation of the law). infringement).
Your employer administration informs you in writing that she initiate disciplinary proceedings against you and specify the facts of which you are accused.
Depending on the nature and seriousness of the facts, your employer's administration may decide to appoint you suspend your duties not to disturb the proper operation of the service.
Disciplinary proceedings must be initiated within 3 years following the day on which the administration has had actual knowledge of the reality, nature and extent of the acts liable to punishment.
If you are the subject of criminal proceedings, this period of 3 years is interrupted until the final decision of no further action, dismissal, acquittal, discharge or conviction.
After the three-year period, which may have been interrupted by criminal proceedings, the facts in question can no longer be relied on in disciplinary proceedings.
The fact that you are on sick leave does not prevent your employer administration from instituting disciplinary proceedings against you.
No disciplinary sanctions other than those stated of 1er group may not be pronounced without prior consultation of the HEADING: titleContent sitting in the Disciplinary Board.
Sanctions of 1er These are the lightest sanctions: warning, reprimand, temporary exclusion from office for a maximum of 3 days.
Reasons must be given for the opinion of the Disciplinary Board and for your administration's decision imposing a disciplinary penalty.
The Disciplinary Board is seized by a report from your employer administration.
The report shall specify the facts alleged against you and the circumstances in which they were committed.
You are called by the chairman of the Disciplinary Board not less than 15 days before the date of the meeting, by registered letter with acknowledgement of receipt.
You can make written or oral submissions to the Disciplinary Board and summon witnesses.
You have the right to remain silent before the Disciplinary Board.
You may be assisted by one or more defenders of your choice.
You, or your advocate, can request that your file be postponed to a future meeting.
The Disciplinary Board may agree to postpone the examination of your file to a majority of the members present. Such a postponement is possible only once.
The administration may also call witnesses.
Any witness may ask to be assisted by a third person of his choice, if he considers himself to be the victim of discrimination or sexual or moral harassment on your part. This is true regardless of what you are accused of.
The Chairman of the Disciplinary Board shall, at the beginning of the sitting, inform the members of the Board of the conditions under which you, and your counsel, have exercised your right to receive full disclosure of your individual file and related documents.
The report drawn up by your employer's administration and any written observations which you may have submitted shall be read in the sitting.
The Disciplinary Board hear each witness separately.
The Chairman of the Disciplinary Board may decide to conduct a confrontation of witnesses, or a rehearing of a witness already heard.
You and your counsel or your employer's administration may at any time request the Chair of the Disciplinary Board for leave to intervene to make oral submissions.
You and your advocate and your employer administration should be invited to present final observations before the Disciplinary Board begins its deliberations.
The members of the Disciplinary Board deliberate in camera.
If the Disciplinary Board does not consider itself sufficiently informed of the circumstances in which the facts occurred, it may, by a majority of the members present, order an investigation.
The Disciplinary Board shall take its decision at the majority of members present.
The President of the Council shall put to the vote the proposal for the most severe sanction of those expressed during the deliberations.
If this proposal does not receive the agreement of the majority of the members present, the President shall put to the vote the other sanctions in the scale of disciplinary sanctions, starting with the most severe one after the proposed sanction, until one of them receives the agreement of the majority of the members present.
If no proposal for a sanction is adopted, the Chairman of the Disciplinary Board shall propose that no sanction be imposed.
Reasons must be given for any proposal which has received the agreement of the majority of the Members present. It goes to your employer authority.
Where none of the proposals submitted to the Disciplinary Board obtains the agreement of the majority of the members present, the Chairman shall inform your employer administration accordingly.
The Disciplinary Board must give its opinion within 2 months following referral by the report of your employer administration. This period shall be reduced to 1 monthif you are suspended from office.
Your employer administration may decide, after consulting the Disciplinary Board, to make public the decision imposing a penalty and the reasons therefor.
What are the rights of the prosecuted official?
When disciplinary proceedings are instituted against you, you are entitled to full communication of your individual file and all supporting documents.
Your employer administration must inform you of this right to communication.
The documents in your individual file and supporting documents must be numbered.
If your employer administration carries out an administrative inquiry to establish the reality of the facts alleged against you, the report drawn up at the end of that inquiry is part of the supporting documents which must be disclosed.
If, during the investigation, hearings have been held, the minutes of the hearing must also be communicated unless such communication seriously prejudices the persons who have testified.
You are also entitled toassistance of one or more defenders of your choice.
You have the right to remain silent before the Disciplinary Board.
You are entitled to reimbursement of your travel and subsistence expenses to attend the meeting of the Disciplinary Board.
What disciplinary measures are applicable to the official?
Disciplinary sanctions applicable to an established official shall be classified into 4 groups, ranging from the lightest to the most severe.
Group | Sanctions |
|---|---|
1er group |
|
2è group |
|
3è group |
|
4è group |
|
The removal from the progression table may also be ordered as a penalty in addition to a penalty of the 2me and 3me groups.
Temporary exclusion from employment is a period during which you are excluded from service and no longer receive any remuneration.
This period is not taken into account for retirement because, since you are no longer paid, you no longer contribute.
You can benefit from a reprieve total or partial.
However, in the event of temporary exclusion from office on 3e group, you are compulsorily excluded from service for a minimum of 1 month, even in case of suspension.
You are definitively exempted from the part of the penalty for which you have been suspended, if you are not subject to any penalty other than the warning or reprimand within 5 years of your temporary disqualification from office.
This period shall be reduced to 3 years in the event of temporary exclusion from office on 1er group (from 1 to 3 days).
However, if you are subject to a further temporary exclusion from office during this 5-year (or 3-year) period, your stay is revoked and you must complete the part of the penalty to which it related.
What remedies are available in the event of a decision imposing a penalty?
The decision to impose a penalty may be taken within two months of the date of its notification of a ex gratia appeal and/ora contentious appeal to the administrative court.
In the case of an ex gratia appeal, the 2-month period for bringing an action before the administrative court is suspended until the administration has notified its final decision.
The penalty remains immediately applicable even if you appeal.
What are the conditions for inclusion in the file and for deletion of disciplinary sanctions?
The conditions under which sanctions are recorded and then erased from your personal file vary according to the different sanction groups.
Sanctions | Agent Folder Enrollment | Condition for the cancelation of the penalty | |
|---|---|---|---|
1er group | Warning | No | Not applicable |
| Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period | |
2nd group |
| Yes | Erasure, at your request, after 10 years of effective service from the date of the sanction The administration may not refuse such a request if no penalty has been imposed during that period Your folder is reconstituted in its new composition |
3rd group |
| Yes | Erasure, at your request, after 10 years of effective service from the date of the sanction The administration may not refuse such a request if no penalty has been imposed during that period Your folder is reconstituted in its new composition |
Group 4 |
| Yes | Not applicable |
What is the procedure for disciplinary proceedings?
Any misconduct committed in the exercise or in the course of your duties is liable to disciplinary action and possibly to a criminal conviction if the acts constitute an offense.
Your employer administration informs you in writing that it is instituting disciplinary proceedings against you and specifies the facts alleged against you.
Depending on the nature and seriousness of the facts, your employer's administration may decide to appoint you suspend your duties not to disturb the proper operation of the service.
Disciplinary proceedings must be initiated within 3 years following the day on which the administration has had actual knowledge of the reality, nature and extent of the acts liable to punishment.
If you are the subject of criminal proceedings, this period of 3 years is interrupted until the final decision of no further action, dismissal, acquittal, discharge or conviction.
After the three-year period, which may have been interrupted by criminal proceedings, the facts in question can no longer be relied on in disciplinary proceedings.
The fact that you are on sick leave does not prevent your employer administration from instituting disciplinary proceedings against you.
No disciplinary sanction other than warning, reprimand and temporary exclusion from office for a maximum of 3 days may be imposed without prior consultation with the HEADING: titleContent sitting in the Disciplinary Board.
Reasons must be given for the opinion of the Disciplinary Board and for your administration's decision imposing a disciplinary penalty.
The Disciplinary Board is seized by a report from your employer administration.
The report shall specify the facts alleged against you and the circumstances in which they were committed.
You are called by the chairman of the Disciplinary Board not less than 15 days before the date of the meeting, by registered letter with acknowledgement of receipt.
You can make written or oral submissions to the Disciplinary Board and summon witnesses.
You have the right to remain silent before the Disciplinary Board.
You may be assisted by one or more defenders of your choice.
You, or your advocate, can request that your file be postponed to a future meeting.
The Disciplinary Board may agree to postpone the examination of your file to a majority of the members present. Such a postponement is possible only once.
The administration may also call witnesses.
Any witness may ask to be assisted by a third person of his choice, if he considers himself to be the victim of discrimination or sexual or moral harassment on your part. This is true regardless of what you are accused of.
The Chairman of the Disciplinary Board shall, at the beginning of the sitting, inform the members of the Board of the conditions under which you, and your counsel, have exercised your right to receive full disclosure of your individual file and related documents.
The report drawn up by your employer's administration and any written observations which you may have submitted shall be read in the sitting.
The Disciplinary Board hear each witness separately.
The Chairman of the Disciplinary Board may decide to conduct a confrontation of witnesses, or a rehearing of a witness already heard.
You and your counsel or your employer's administration may at any time request the Chair of the Disciplinary Board for leave to intervene to make oral submissions.
You and your advocate and your employer administration should be invited to present final observations before the Disciplinary Board begins its deliberations.
The members of the Disciplinary Board deliberate in camera.
If the Disciplinary Board does not consider itself sufficiently informed of the circumstances in which the facts occurred, it may, by a majority of the members present, order an investigation.
The Disciplinary Board shall take its decision at the majority of members present.
The President of the Council shall put to the vote the proposal for the most severe sanction of those expressed during the deliberations.
If this proposal does not receive the agreement of the majority of the members present, the President shall put to the vote the other sanctions in the scale of disciplinary sanctions, starting with the most severe one after the proposed sanction, until one of them receives the agreement of the majority of the members present.
If no proposal for a sanction is adopted, the Chairman of the Disciplinary Board shall propose that no sanction be imposed.
Reasons must be given for any proposal which has received the agreement of the majority of the Members present. It goes to your employer authority.
Where none of the proposals submitted to the Disciplinary Board obtains the agreement of the majority of the members present, the Chairman shall inform your employer administration accordingly.
The Disciplinary Board must give its opinion within 2 months following referral by the report of your employer administration. This period shall be reduced to 1 monthif you are suspended from office.
Your employer administration may decide, after consulting the Disciplinary Board, to make public the decision imposing a penalty and the reasons therefor.
What are the rights of the probationer?
When disciplinary proceedings are instituted against you, you are entitled to full communication of your individual file and all supporting documents.
Your employer administration must inform you of this right to communication.
The documents in your individual file and supporting documents must be numbered.
If your employer administration carries out an administrative inquiry to establish the reality of the facts alleged against you, the report drawn up at the end of that inquiry is part of the supporting documents which must be disclosed.
If, during the investigation, hearings have been held, the minutes of the hearing must also be communicated unless such communication seriously prejudices the persons who have testified.
You are also entitled toassistance of one or more defenders of your choice.
You have the right to remain silent before the Disciplinary Board.
What disciplinary measures are applicable to the probationer?
Disciplinary sanctions applicable to a probationary official shall be as follows, from the least severe to the most severe:
- Warning
- Blame
- Temporary exclusion from 1-3 day duties
- Temporary exclusion from 4 to 15 days of service
- Permanent exclusion from service
Temporary exclusion from employment is a period during which you are excluded from service and no longer receive any remuneration.
This period is not taken into account for retirement because, since you are no longer paid, you no longer contribute.
If you are permanently excluded and you are a full-time civil servant in another body or job setting, your secondment for probationary service is terminated and your home administration may initiate disciplinary proceedings against you in your original body or job setting.
What remedies are available in the event of a decision imposing a penalty?
The decision to impose a penalty may be taken within two months of the date of its notification of a ex gratia appeal and/ora contentious appeal to the administrative court.
In the case of an ex gratia appeal, the 2-month period for bringing an action before the administrative court is suspended until the administration has notified its final decision.
The penalty remains immediately applicable even if you appeal.
What are the conditions for inclusion in the file and for deletion of disciplinary sanctions?
The conditions for registration and subsequent deletion of the file vary according to the sanctions.
Sanctions | Agent Folder Enrollment | Condition for the cancelation of the penalty |
|---|---|---|
Warning | No | Not applicable |
Blame | Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period |
Temporary exclusion from 1-3 day duties | Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period |
Temporary exclusion from 4 to 15 days of service | Yes | Erasure, at your request, after 10 years of effective services from the date of the sanction. The administration may not refuse such a request if no penalty has been imposed during that period Your folder is reconstituted in its new composition |
Permanent exclusion from service | Yes | Not applicable |
What is the procedure for disciplinary proceedings?
Any misconduct committed in the exercise or in the course of your duties is liable to disciplinary action and possibly to a criminal conviction if the acts constitute an offense.
Your employer administration informs you in writing that it is instituting disciplinary proceedings against you and specifies the facts alleged against you.
Depending on the nature and seriousness of the facts, your employer's administration may decide to appoint you suspend your duties not to disturb the proper operation of the service.
Disciplinary proceedings must be initiated within 3 years following the day on which the administration has had actual knowledge of the reality, nature and extent of the acts liable to punishment.
If you are the subject of criminal proceedings, this period of 3 years is interrupted until the final decision of no further action, dismissal, acquittal, discharge or conviction.
After the three-year period, which may have been interrupted by criminal proceedings, the facts in question can no longer be relied on in disciplinary proceedings.
The fact that you are on sick leave does not prevent your employer administration from instituting disciplinary proceedings against you.
No disciplinary sanction other than warning, reprimand and temporary exclusion from office for a maximum of 3 days may be imposed without prior consultation with the CCP: titleContentsitting in the Disciplinary Board.
Reasons must be given for the CPC's opinion and for your administration's decision imposing a disciplinary penalty.
The CCP is referred to it by a report from your employer's administration which indicates the facts alleged against you and the circumstances in which they occurred.
What are the rights of the contract staff member being sued?
When disciplinary proceedings are instituted against you, you are entitled to full communication of your individual file and all supporting documents.
Your employer administration must inform you of this right to communication.
The documents in your individual file and supporting documents must be numbered.
If your employer administration carries out an administrative inquiry to establish the reality of the facts alleged against you, the report drawn up at the end of that inquiry is part of the supporting documents which must be disclosed.
If, during the investigation, hearings have been held, the minutes of the hearing must also be communicated unless such communication seriously prejudices the persons who have testified.
You are also entitled toassistance of one or more defenders of your choice.
You have the right to remain silent before the Disciplinary Board.
What are the disciplinary measures applicable to the contract staff member?
Disciplinary sanctions applicable to a contractor are the following, from the lightest to the most severe:
- Warning
- Blame
- Temporary exclusion from 3-day maximum jobs
- Temporary exclusion from duties from 4 days to 6 months maximum if you are in CSD: titleContent or from 4 days to 1 year maximum if you are in DTA: titleContent
- Dismissal without notice or compensation
Temporary exclusion from employment is a period during which you are excluded from service and no longer receive any remuneration.
If you are on a DTA, it can be accompanied by a reprieve in whole or in part, for a maximum period of one month.
In the event of a further temporary exclusion from office within 5 years following 1re exclusion, the stay is revoked, i.e. the 1re exclusion period is applied.
This period is reduced to 3 years if the total duration of exclusion of the 2 sanctions does not exceed 3 days.
What remedies are available in the event of a decision imposing a penalty?
The decision to impose a penalty may be taken within two months of the date of its notification of a ex gratia appeal and/ora contentious appeal to the administrative court.
In the case of an ex gratia appeal, the 2-month period for bringing an action before the administrative court is suspended until the administration has notified its final decision.
The penalty remains immediately applicable even if you appeal.
What are the conditions for inclusion in the file and for deletion of disciplinary sanctions?
The conditions for registration and subsequent deletion of the file vary according to the sanctions.
Sanctions | Agent Folder Enrollment | Condition for the cancelation of the penalty |
|---|---|---|
Warning | No | Not applicable |
Blame | Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period |
Temporary exclusion from 3-day maximum jobs | Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period |
Temporary exclusion of functions longer than 3 days | Yes | Erasure, at your request, after 10 years of effective services from the date of the sanction The administration may not refuse such a request if no penalty has been imposed during that period Your folder is reconstituted in its new composition |
Dismissal without notice or compensation | Yes | Not applicable |
FPH
What is the procedure for disciplinary proceedings?
Any misconduct committed in the exercise or in the course of your duties is subject to disciplinary action (and possibly criminal conviction if the facts constitute a violation of the law). infringement).
Your employer administration informs you in writing that she initiate disciplinary proceedings against you and specify the facts of which you are accused.
Depending on the nature and seriousness of the facts, your employer's administration may decide to appoint you suspend your duties not to disturb the proper operation of the service.
Disciplinary proceedings must be initiated within 3 years following the day on which the administration has had actual knowledge of the reality, nature and extent of the acts liable to punishment.
If you are the subject of criminal proceedings, this period of 3 years is interrupted until the final decision of no further action, dismissal, acquittal, discharge or conviction.
After the three-year period, which may have been interrupted by criminal proceedings, the facts in question can no longer be relied on in disciplinary proceedings.
The fact that you are on sick leave does not prevent your employer administration from instituting disciplinary proceedings against you.
No disciplinary sanctions other than those stated of 1er group may not be pronounced without prior consultation of the HEADING: titleContent sitting in the Disciplinary Board.
Sanctions of 1er These are the lightest sanctions: warning, reprimand, temporary exclusion from office for a maximum of 3 days.
Reasons must be given for the opinion of the Disciplinary Board and for your administration's decision imposing a disciplinary penalty.
The Disciplinary Board is seized by a report from your employer administration.
The report shall specify the facts alleged against you and the circumstances in which they were committed.
You are called by the chairman of the Disciplinary Board not less than 15 days before the date of the meeting, by registered letter with acknowledgement of receipt.
You can make written or oral submissions to the Disciplinary Board and summon witnesses.
You have the right to remain silent before the Disciplinary Board.
You may be assisted by one or more defenders of your choice.
You, or your advocate, can request that your file be postponed to a future meeting.
The Disciplinary Board may agree to postpone the examination of your file to a majority of the members present. Such a postponement is possible only once.
The administration may also call witnesses.
Any witness may ask to be assisted by a third person of his choice, if he considers himself to be the victim of discrimination or sexual or moral harassment on your part. This is true regardless of what you are accused of.
You and your employer administration can challenge one of the members of the Disciplinary Board.
The Chairman of the Disciplinary Board shall, at the beginning of the sitting, inform the members of the Board of the conditions under which you, and your counsel, have exercised your right to receive full disclosure of your individual file and related documents.
The report drawn up by your employer's administration and any written observations which you may have submitted shall be read in the sitting.
The Disciplinary Board hear each witness separately.
At your request or at the request of your counsel or a member of the Board, the Chairman of the Disciplinary Board may decide to conduct a confrontation of witnesses, or a rehearing of a witness already heard.
The members of the Disciplinary Board deliberate in camera.
If the Disciplinary Board does not consider itself sufficiently informed of the circumstances in which the facts occurred, it may, by a majority of the members present, order an investigation.
The Disciplinary Board shall take its decision at the majority of members present.
The President of the Council shall put to the vote the proposal for the most severe sanction of those expressed during the deliberations.
If this proposal does not receive the agreement of the majority of the members present, the President shall put to the vote the other sanctions in the scale of disciplinary sanctions, starting with the most severe one after the proposed sanction, until one of them receives the agreement of the majority of the members present.
If no proposal for a sanction is adopted, the Chairman of the Disciplinary Board shall propose that no sanction be imposed.
The proposal agreed by the majority of the members present shall be forwarded by the Chairman of the Disciplinary Board to your employer administration. If your employer authority makes a decision other than that proposed by the board, it must inform the board members of the reasons why it did not follow its proposal.
If none of the proposals submitted to the Disciplinary Board obtains the agreement of the majority of the members present, its chairman shall inform your employer administration. If your employer authority imposes a penalty, it must inform the board of the reasons that led it to impose it.
The Disciplinary Board must give its opinion within a month following referral by the report of your employer administration. This period shall be extended to 2 months when an investigation is carried out. It shall also be extended by the time limit for postponement where the Disciplinary Board has responded favorably to a request for postponement of the examination of the case.
What are the rights of the prosecuted official?
When disciplinary proceedings are instituted against you, you are entitled to full communication of your individual file and all supporting documents.
Your employer administration must inform you of this right to communication.
The documents in your individual file and supporting documents must be numbered.
If your employer administration carries out an administrative inquiry to establish the reality of the facts alleged against you, the report drawn up at the end of that inquiry is part of the supporting documents which must be disclosed.
If, during the investigation, hearings have been held, the minutes of the hearing must also be communicated unless such communication seriously prejudices the persons who have testified.
You are also entitled toassistance of one or more defenders of your choice.
You have the right to remain silent before the Disciplinary Board.
You are entitled to reimbursement of your travel and subsistence expenses to attend the meeting of the Disciplinary Board.
What disciplinary measures are applicable to the official?
Disciplinary sanctions applicable to an established official shall be classified into 4 groups, ranging from the lightest to the most severe.
Group | Sanctions |
|---|---|
1er group |
|
2è group |
|
3è group |
|
4è group |
|
Temporary exclusion from employment is a period during which you are excluded from service and no longer receive any remuneration.
This period is not taken into account for retirement because, since you are no longer paid, you no longer contribute.
You can benefit from a reprieve total or partial.
However, in the event of temporary exclusion from office on 3e group, you are compulsorily excluded from service for a minimum of 1 month, even in case of suspension.
You are definitively exempted from the part of the penalty for which you have been suspended, if you are not subject to any penalty other than the warning or reprimand within 5 years of your temporary disqualification from office.
This period shall be reduced to 3 years in the event of temporary exclusion from office on 1er group (from 1 to 3 days).
However, if you are subject to a further temporary exclusion from office during this 5-year (or 3-year) period, your stay is revoked and you must complete the part of the penalty to which it related.
What remedies are available in the event of a decision imposing a penalty?
The decision to impose a penalty may be taken within two months of the date of its notification of a ex gratia appeal and/ora contentious appeal to the administrative court.
In the case of an ex gratia appeal, the 2-month period for bringing an action before the administrative court is suspended until the administration has notified its final decision.
The penalty remains immediately applicable even if you appeal.
What are the conditions for inclusion in the file and for deletion of disciplinary sanctions?
The conditions under which sanctions are recorded and then erased from your personal file vary according to the different sanction groups.
Sanctions | Agent Folder Enrollment | Condition for the cancelation of the penalty | |
|---|---|---|---|
1er group | Warning | No | Not applicable |
| Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period | |
2nd group |
| Yes | Erasure, at your request, after 10 years of effective service from the date of the sanction The administration may not refuse such a request if no penalty has been imposed during that period Your folder is reconstituted in its new composition |
3rd group |
| Yes | Erasure, at your request, after 10 years of effective service from the date of the sanction The administration may not refuse such a request if no penalty has been imposed during that period Your folder is reconstituted in its new composition |
Group 4 |
| Yes | Not applicable |
What is the procedure for disciplinary proceedings?
Any misconduct committed in the exercise or in the course of your duties is liable to disciplinary action and possibly to a criminal conviction if the acts constitute an offense.
Your employer administration informs you in writing that it is instituting disciplinary proceedings against you and specifies the facts alleged against you.
Depending on the nature and seriousness of the facts, your employer's administration may decide to appoint you suspend your duties not to disturb the proper operation of the service.
Disciplinary proceedings must be initiated within 3 years following the day on which the administration has had actual knowledge of the reality, nature and extent of the acts liable to punishment.
If you are the subject of criminal proceedings, this period of 3 years is interrupted until the final decision of no further action, dismissal, acquittal, discharge or conviction.
After the three-year period, which may have been interrupted by criminal proceedings, the facts in question can no longer be relied on in disciplinary proceedings.
The fact that you are on sick leave does not prevent your employer administration from instituting disciplinary proceedings against you.
No disciplinary penalty other than warning and reprimand may be imposed without prior consultation with the HEADING: titleContent sitting in the Disciplinary Board.
Reasons must be given for the opinion of the Disciplinary Board and for your administration's decision imposing a disciplinary penalty.
The Disciplinary Board is seized by a report from your employer administration.
The report shall specify the facts alleged against you and the circumstances in which they were committed.
You are called by the chairman of the Disciplinary Board not less than 15 days before the date of the meeting, by registered letter with acknowledgement of receipt.
You can make written or oral submissions to the Disciplinary Board and summon witnesses.
You have the right to remain silent before the Disciplinary Board.
You may be assisted by one or more defenders of your choice.
You, or your advocate, can request that your file be postponed to a future meeting.
The Disciplinary Board may agree to postpone the examination of your file to a majority of the members present. Such a postponement is possible only once.
The administration may also call witnesses.
Any witness may ask to be assisted by a third person of his choice, if he considers himself to be the victim of discrimination or sexual or moral harassment on your part. This is true regardless of what you are accused of.
You and your employer administration can challenge one of the members of the Disciplinary Board.
The Chairman of the Disciplinary Board shall, at the beginning of the sitting, inform the members of the Board of the conditions under which you, and your counsel, have exercised your right to receive full disclosure of your individual file and related documents.
The report drawn up by your employer's administration and any written observations which you may have submitted shall be read in the sitting.
The Disciplinary Board hear each witness separately.
At your request or at the request of your counsel or a member of the Board, the Chairman of the Disciplinary Board may decide to conduct a confrontation of witnesses, or a rehearing of a witness already heard.
The members of the Disciplinary Board deliberate in camera.
If the Disciplinary Board does not consider itself sufficiently informed of the circumstances in which the facts occurred, it may, by a majority of the members present, order an investigation.
The Disciplinary Board shall take its decision at the majority of members present.
The President of the Council shall put to the vote the proposal for the most severe sanction of those expressed during the deliberations.
If this proposal does not receive the agreement of the majority of the members present, the President shall put to the vote the other sanctions in the scale of disciplinary sanctions, starting with the most severe one after the proposed sanction, until one of them receives the agreement of the majority of the members present.
If no proposal for a sanction is adopted, the Chairman of the Disciplinary Board shall propose that no sanction be imposed.
The proposal agreed by the majority of the members present shall be forwarded by the Chairman of the Disciplinary Board to your employer administration. If your employer authority makes a decision other than that proposed by the board, it must inform the board members of the reasons why it did not follow its proposal.
If none of the proposals submitted to the Disciplinary Board obtains the agreement of the majority of the members present, its chairman shall inform your employer administration. If your employer authority imposes a penalty, it must inform the board of the reasons that led it to impose it.
The Disciplinary Board must give its opinion within a month following referral by the report of your employer administration. This period shall be extended to 2 months when an investigation is carried out. It shall also be extended by the time limit for postponement where the Disciplinary Board has responded favorably to a request for postponement of the examination of the case.
What are the rights of the probationer?
When disciplinary proceedings are instituted against you, you are entitled to full communication of your individual file and all supporting documents.
Your employer administration must inform you of this right to communication.
The documents in your individual file and supporting documents must be numbered.
If your employer administration carries out an administrative inquiry to establish the reality of the facts alleged against you, the report drawn up at the end of that inquiry is part of the supporting documents which must be disclosed.
If, during the investigation, hearings have been held, the minutes of the hearing must also be communicated unless such communication seriously prejudices the persons who have testified.
You are also entitled toassistance of one or more defenders of your choice.
You have the right to remain silent before the Disciplinary Board.
What disciplinary measures are applicable to the probationer?
Disciplinary sanctions applicable to a probationary official shall be as follows, from the least severe to the most severe:
- Warning
- Blame
- Temporary exclusion from office for up to 2 months
- Permanent exclusion from service
Temporary exclusion from employment is a period during which you are excluded from service and no longer receive any remuneration.
This period is not counted as a probationary period.
It's also not taken into account for retirement, because you're no longer paid, so you don't pay any more.
If you are permanently excluded and you are a full-time civil servant in another body or job setting, your secondment for probationary service is terminated and your home administration may initiate disciplinary proceedings against you in your original body or job setting.
What remedies are available in the event of a decision imposing a penalty?
The decision to impose a penalty may be taken within two months of the date of its notification of a ex gratia appeal and/ora contentious appeal to the administrative court.
In the case of an ex gratia appeal, the 2-month period for bringing an action before the administrative court is suspended until the administration has notified its final decision.
The penalty remains immediately applicable even if you appeal.
What are the conditions for inclusion in the file and for deletion of disciplinary sanctions?
The conditions for registration and subsequent deletion of the file vary according to the sanctions.
Sanctions | Agent Folder Enrollment | Condition for the cancelation of the penalty |
|---|---|---|
Warning | No | Not applicable |
Blame | Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period |
Temporary exclusion from office for up to 2 months | Yes | Erasure, at your request, after 10 years of effective services from the date of the sanction The administration may not refuse such a request if no penalty has been imposed during that period Your folder is reconstituted in its new composition |
Permanent exclusion from service | Yes | Not applicable |
What is the procedure for disciplinary proceedings?
Any misconduct committed in the exercise or in the course of your duties is liable to disciplinary action and possibly to a criminal conviction if the acts constitute an offense.
Your employer administration informs you in writing that it is instituting disciplinary proceedings against you and specifies the facts alleged against you.
Depending on the nature and seriousness of the facts, your employer's administration may decide to appoint you suspend your duties not to disturb the proper operation of the service.
Disciplinary proceedings must be initiated within 3 years following the day on which the administration has had actual knowledge of the reality, nature and extent of the acts liable to punishment.
If you are the subject of criminal proceedings, this period of 3 years is interrupted until the final decision of no further action, dismissal, acquittal, discharge or conviction.
After the three-year period, which may have been interrupted by criminal proceedings, the facts in question can no longer be relied on in disciplinary proceedings.
The fact that you are on sick leave does not prevent your employer administration from instituting disciplinary proceedings against you.
No disciplinary sanction other than warning, reprimand and temporary exclusion from office for a maximum of 3 days may be imposed without prior consultation with the CCP: titleContentsitting in the Disciplinary Board.
Reasons must be given for the CPC's opinion and for your administration's decision imposing a disciplinary penalty.
The CCP is referred to it by a report from your employer's administration which indicates the facts alleged against you and the circumstances in which they occurred.
What are the rights of the contract staff member being sued?
When disciplinary proceedings are instituted against you, you are entitled to full communication of your individual file and all supporting documents.
Your employer administration must inform you of this right to communication.
The documents in your individual file and supporting documents must be numbered.
If your employer administration carries out an administrative inquiry to establish the reality of the facts alleged against you, the report drawn up at the end of that inquiry is part of the supporting documents which must be disclosed.
If, during the investigation, hearings have been held, the minutes of the hearing must also be communicated unless such communication seriously prejudices the persons who have testified.
You are also entitled toassistance of one or more defenders of your choice.
You have the right to remain silent before the Disciplinary Board.
What are the disciplinary measures applicable to the contract staff member?
Disciplinary sanctions applicable to a contractor are the following, from the lightest to the most severe:
- Warning
- Blame
- Temporary exclusion from 3-day maximum jobs
- Temporary exclusion from duties from 4 days to 6 months maximum if you are in CSD: titleContent or from 4 days to 1 year maximum if you are in DTA: titleContent
- Dismissal without notice or compensation
Temporary exclusion from employment is a period during which you are excluded from service and no longer receive any remuneration.
If you are on a DTA, it can be accompanied by a reprieve in whole or in part, for a maximum period of one month.
In the event of a further temporary exclusion from office within 5 years following 1re exclusion, the stay is revoked, i.e. the 1re exclusion period is applied.
This period is reduced to 3 years if the total duration of exclusion of the 2 sanctions does not exceed 3 days.
What remedies are available in the event of a decision imposing a penalty?
The decision to impose a penalty may be taken within two months of the date of its notification of a ex gratia appeal and/ora contentious appeal to the administrative court.
In the case of an ex gratia appeal, the 2-month period for bringing an action before the administrative court is suspended until the administration has notified its final decision.
The penalty remains immediately applicable even if you appeal.
What are the conditions for inclusion in the file and for deletion of disciplinary sanctions?
The conditions for registration and subsequent deletion of the file vary according to the sanctions.
Sanctions | Agent Folder Enrollment | Condition for the cancelation of the penalty |
|---|---|---|
Warning | No | Not applicable |
Blame | Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period |
Temporary exclusion from 3-day maximum jobs | Yes | Automatic erasure of the file after 3 years if no sanctions have been imposed during this period |
Temporary exclusion of functions longer than 3 days | Yes | Erasure, at your request, after 10 years of effective services from the date of the sanction The administration may not refuse such a request if no penalty has been imposed during that period Your folder is reconstituted in its new composition |
Dismissal without notice or compensation | Yes | Not applicable |
Disciplinary and criminal responsibilities
Articles 1-2, 43 to 44
Articles 2-1, 39 to 40
FAQ
Service-Public.fr