This decree does not allow the dismissal of hospital officials

Illustration of a hospital.

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• A decree published on September 3 would allow hospital workers to be dismissed.

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  verified this claim.

In the midst of the Covid-19 crisis, and after the organization of the Ségur de la santé this summer, has the government published a decree allowing the dismissal of hospital officials?

The assertion is spreading on social networks, link of the decree in support.

The assertion was notably relayed by Anne-Sophie Pelletier, MEP LFI.

verified the content of this decree.

Published on September 3 and available on the Légifrance website, this decree relates to “support measures in the event of termination of employment in the hospital public service”.

"It is not impossible that with this device, the public authorities hope to encourage certain agents to join the private sector"

“Presenting this decree as organizing a new possibility of dismissal of civil servants is a mistake, analyzes Sylvain Niquège, professor of law at the University of Bordeaux.

On the other hand, it is not impossible that with this device, the public authorities hope to encourage certain agents to join the private sector.

"The academic stresses that" this kind of device, which is not entirely new, has however never really made it possible to fulfill this objective.

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What does this decree contain?

"This device is intended to help civil servants in the hospital public service whose jobs are eliminated and to whom another cannot be immediately offered to find a job in the public service, or, at their request, in the private sector," through skills assessments and other training ”, explains the researcher.

A similar decree was issued to him on December 23, this time targeting state civil servants (National Education, civil servants working in ministries, etc.).

An announced publication

The publication of this decree concerning hospital workers is not a surprise, emphasizes the professor: “This decree is coming now, but we knew that it was going to be enacted for at least a year and the insertion in the legal status of hospital officials of the support system that it has just specified.

This device was passed with the law known as the transformation of the public service, passed in July 2019.

Criticized by the left and the unions, this text introduced in particular a contractual rupture for civil servants.

It is possible to dismiss a hospital official, under certain conditions

Currently, the dismissal of a hospital official is possible, but under certain conditions.

If his post is abolished, he can be fired after refusing three job offers.

It can also be six months after the abolition of his post, in the absence of a post proposal.

The government does not hide its intention to reduce the number of civil servants.

After announcing that it wanted to cut 50,000 positions in the state civil service by the end of the five-year term, the executive backtracked, falling to 10,500.

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