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Can one be fired from a local authority for economic reasons? What if you are a civil servant?
FOR ECONOMIC MEASURES
Territorial cooperation establishments (municipalities, departments, regions, etc.) employ staff and have the income to pay them. It may happen that these establishments find themselves in an economic situation which obliges them to cut a post in order to save money. It is then up to the deliberative body of the community (the municipal council, for example) to assess the situation.
WHAT HAPPENS TO THE EMPLOYEE?
The situation will be different depending on the status of the employee, whether they are a tenured agent or a non-tenured agent (i.e. contract agent). A permanent civil servant cannot be dismissed: the community which eliminates the job he held must endeavor to find him another job, and retains the obligation to support him financially for one year. At the end of this year, if the civil servant has not found a job, he is still not dismissed. It is then taken care of either by the departmental center of the territorial civil service, or by the national center of the territorial civil service. These two establishments are intended to accommodate unemployed civil servants. As for non-permanent (or contractual) civil servants,
CAN WE DISPUTE THE ECONOMIC REASON?
It is possible to contest the economic reason for the dismissal. In this case, you must go to the administrative court. The judge will then carry out a double check: the reality of the economic reason invoked by the community to eliminate the job, and the correlation between the reality of this economic reason and the elimination of the job. Very concretely, the judge will ensure that the economic reason justifies the elimination of the job.
DAMY Law Society , Nice, Can you be made redundant by a local authority?, Updated 2022
