Rights and obligations of the civil servant
RIGHTS AND OBLIGATIONS OF CIVIL SERVANTS
Section I
RIGHTS OF CIVIL SERVANTS
ARTICLE 21: (1) Civil servants enjoy the rights and freedoms granted to citizens. They exercise these rights within the framework of applicable laws and regulations.
(2) In particular, they may join a political or cultural association or a legally recognized professional union to ensure the representation and defense of their career interests.
(3) They are required to exercise their rights with respect for the authority of the State and public order. However, certain positions requiring loyalty to the institutions of the Republic or absolute political neutrality from their holders are governed by specific legislation.
ARTICLE 22: The career of a civil servant serving in a capacity other than that of a representative of a State Administration, within an institution established by law or regulation, or within an advisory body to public authorities, may not be influenced by the positions they have taken or defended therein.
ARTICLE 23: (1) Every civil servant has the right to a personal personnel file maintained by the Administration, containing all documents relating to their administrative status and career progression. These documents must be coded, entered, and archived continuously.
(2) This file may not contain any mention or document relating to their political, trade union, philosophical, or religious opinions or beliefs, or to their membership or non-membership in a trade union or political party.
(3) Every civil servant has the right to access their personal personnel file and may, in particular, require the Administration to clarify, rectify, update, supplement, or remove information that is inaccurate, incomplete, ambiguous, outdated, or whose collection, use, disclosure, or storage is prohibited. When the civil servant concerned so requests, the competent Administration must carry out the requested modification at no cost to the civil servant. In the event of a dispute, the burden of proof lies with the Administration to which the right of access is exercised, unless it is established that the disputed information was communicated by the official concerned or with their consent.
ARTICLE 24: In addition to the rights listed in Articles 21, 22, and 23 above, the official enjoys the following rights vis-à-vis the Administration:
– the right to protection;
– the right to remuneration;
– the right to a pension;
– the right to health;
– the right to continuing professional development;
– the right to leave;
– the right to participation.
Paragraph I
OF THE RIGHT TO PROTECTION
ARTICLE 25: (1) The State is obligated to ensure that civil servants are protected against threats, insults, violence, assault, slander, or defamation to which they may be subjected, whether by reason of or in connection with the performance of their duties.
(2) After assessing the damages, the State is obligated to compensate the civil servant for the harm suffered as a result of the civil servant’s actions. In such cases, the State is automatically subrogated to the rights of the victim to obtain from the perpetrators of the alleged offenses the reimbursement of sums paid by the State to the civil servant concerned as compensation, and of all other expenses incurred. The State may also initiate criminal proceedings against the said perpetrators and, for the same purpose, has a direct right of action which it may exercise by filing a civil claim before the criminal court.
ARTICLE 26.-: (1) The civil liability of the State automatically replaces that of a civil servant convicted of personal misconduct committed against a third party in the performance of, or in connection with, their duties. In this case, the State has a right of recourse against the defendant in accordance with the procedures established by order of the Minister responsible for the Civil Service.
(2) Similarly, when a civil servant is sued by a third party for misconduct in the performance of their duties, and insofar as a personal fault separable from the performance of their duties is not attributable to that civil servant, the State must indemnify them against any civil judgments rendered against them.
(3. The right of recourse does not preclude disciplinary sanctions incurred due to the personal misconduct committed.
Paragraph II
OF THE RIGHT TO REMUNERATION
ARTICLE 27: (1). Civil servants are entitled, after services rendered, to remuneration comprising a basic salary, mandatory family allowances, and, where applicable, various allowances and bonuses.
(2). The procedures for settling the remuneration due after services rendered are established by decree of the President of the Republic.
ARTICLE 28.- (1). With the exception of mandatory deductions, in particular taxes and similar levies, and contributions for the establishment of pension rights, deductions may only be made from a civil servant’s remuneration by attachment or voluntary assignment, in accordance with the applicable regulations.
(2). However, the attachable or assignable portion may not exceed one-third of the remuneration of the civil servant concerned.
ARTICLE 29.- (1). Failure to perform any part of the (2) A day’s absence results in a deduction equal to the fraction of the basic salary that is indivisible.
There is no service rendered:
(a) when the civil servant fails to perform all or part of their working hours; (
b) when the civil servant, although performing their working hours, does not carry out all or part of the service obligations attached to their position as defined in their nature and procedures by the competent authority, within the framework of laws and regulations.
(3) The above provisions apply to all those who receive remuneration paid monthly.
ARTICLE 30: Specific texts establish the remuneration system.
Paragraph III
RIGHT TO HEALTH
ARTICLE 31.-: (1) In the event of an accident or illness not attributable to service, the State shall contribute, as needed, to the costs incurred for medical, pharmaceutical, evacuation, hospitalization, functional rehabilitation, and assistive devices for the civil servant, their spouse, and their legitimate or recognized children, according to procedures established by decree of the Prime Minister.
(2) The State is obligated to ensure the protection of civil servants against accidents and illnesses of occupational origin. A decree of the Prime Minister shall establish the implementing procedures for this paragraph.
Paragraph IV
ON THE RIGHT TO CONTINUING TRAINING
ARTICLE 32.- In order to increase its professional performance, efficiency and output, the State shall ensure to the civil servant, during his activity, permanent training, the system of which shall be set by decree of the Prime Minister.
Paragraph V
ON THE RIGHT TO LEAVE
ARTICLE 33: Civil servants are entitled to administrative, sick, and maternity leave, according to the procedures established by decree of the Prime Minister.
Paragraph VI
ON THE RIGHT TO PARTICIPATION
ARTICLE 34: (1) Civil servants participate, through their elected representatives sitting on advisory bodies, in the development of statutory rules relating to their career or the operation of public services.
(2) They participate, where it exists, in the definition and management of social, cultural, sporting, and recreational activities from which they benefit or which they organize.
(3) The procedures for exercising the right to participation are established by decree of the Prime Minister.
Section II
ON THE OBLIGATIONS OF CIVIL SERVANTS
ARTICLE 35: Civil servants are subject to the obligations of:
– serving and dedicating themselves to the service;
– impartiality;
– obedience;
– discretion;
– professional secrecy.
Paragraph I
ON THE OBLIGATION TO SERVE AND DEDICATE ONESELF TO THE SERVICE
ARTICLE 36: (1) Civil servants are required to personally ensure the public service entrusted to them and to dedicate themselves to it in all circumstances with diligence, integrity, respect for public property, and a sense of responsibility.
(2) They are also required to respond to public requests for information, either on their own initiative or in response to requests from users, in compliance with the rules relating to the obligations of discretion and professional confidentiality outlined in Articles 40 and 41 of this decree.
ARTICLE 37: (1) Subject to the provisions of Article 36(1) above, civil servants may engage in private gainful employment, provided that such employment does not compromise their independence or the public service mission associated with their status.
(2) When a civil servant engages in a private, gainful activity, either personally or through an intermediary, this must be declared to the relevant Minister and the Minister responsible for the Civil Service, who will then take appropriate measures to safeguard the interests of the service. Failure to declare such activities constitutes professional misconduct. However, the following are exempt from the declaration requirement:
a) equity investments in public limited companies or privatized semi-public companies;
b) equity investments in activities related to agricultural production, scientific, literary, or artistic works;
c) teaching provided on a supplementary or part-time basis.
(3). The procedures for civil servants to engage in private gainful activities are established by decree of the Prime Minister.
Paragraph II
OF THE OBLIGATION OF DISINTEREST
ARTICLE 38: The obligation of disinterest prohibits a civil servant from having, in an enterprise or in a sector subject to their direct control or in relation to them, either directly or indirectly, or under any name whatsoever, interests of a nature to compromise or restrict their independence.
Paragraph III
ON THE OBLIGATION OF OBEDIENCE
ARTICLE 39: (1) Every civil servant is responsible for the performance of the tasks assigned to them. As such, they are required to obey individual or general instructions given by their hierarchical superior within the scope of their duties, in accordance with applicable laws and regulations.
They are not relieved of any of their responsibilities by the actions of those under their orders, authority, or control.
(2) However, they have a duty to refuse to carry out a manifestly illegal order that is likely to seriously compromise the public interest, except when requisitioned by the competent authority in accordance with legal forms and procedures. In this case, their responsibility is waived. The same applies when they have carried out legal instructions and/or instructions given in a legal form.
Paragraph IV
ON THE OBLIGATIONS OF CONFIDENCE AND PROFESSIONAL DISCRETION
ARTICLE 40: (1) Civil servants are bound by a duty of discretion in the performance of their duties.
(2) The duty of discretion requires civil servants to refrain from publicly expressing their political, philosophical, religious, or trade union opinions, or from acting based on those opinions.
ARTICLE 41: (1) Every civil servant must exercise professional discretion regarding all facts, information, or documents that come to their knowledge in the course of, or in connection with, the performance of their duties. Except in cases expressly provided for by applicable regulations, a civil servant may only be released from this obligation by an express decision of their superior authority.
(2) Any misappropriation or removal of official documents or records is strictly prohibited. The same applies to their communication or reproduction, unless carried out for official purposes and in accordance with the procedures prescribed by applicable regulations.