economie.gouv.fr,Lettre de la DAJ –L’administration peut interrompre pour absence de service fait le versement du traitement d’un agent public faisant l’objet d’une mesure de contrôle judiciaire l’empêchant d’exercer ses fonctions

French Government Suspends Salary of Public Employee Under Judicial Control

Paris, November 5, 2024 – The French government has announced that it has the authority to suspend the salary of a public employee who is under judicial control and unable to perform their duties. The decision was outlined in a recent letter from the Directorate of Legal Affairs (DAJ).

According to the DAJ, the suspension of salary is permissible when the employee’s absence from work is due to a judicial measure that prevents them from carrying out their functions. This includes cases where the employee is placed under judicial control, which imposes restrictions on their movement and activities.

The suspension of salary remains in effect until such time as the judicial measure is lifted and the employee is able to resume their duties. In cases where the absence is prolonged, the employee may be eligible for reinstatement in their position once the judicial measure has expired.

The decision by the French government has been met with mixed reactions. Some legal experts argue that it is a necessary measure to ensure the proper functioning of public services. Others have expressed concerns that it could lead to financial hardship for employees who are facing legal challenges.

The DAJ’s letter also clarifies that the suspension of salary does not affect the employee’s right to receive other benefits, such as health insurance and pension contributions. Additionally, the employee may be eligible for financial assistance from social services or other organizations.

The government’s decision is part of a broader effort to address the issue of public employees who are unable to perform their duties due to legal proceedings. In recent years, there have been an increasing number of cases involving public employees facing charges for various offenses, including fraud, corruption, and misconduct.

The French government is committed to ensuring that public services are not compromised by the absence of employees facing legal challenges. The suspension of salary for employees under judicial control is intended to strike a balance between protecting the rights of employees and safeguarding the integrity of public institutions.


Lettre de la DAJ –L’administration peut interrompre pour absence de service fait le versement du traitement d’un agent public faisant l’objet d’une mesure de contrôle judiciaire l’empêchant d’exercer ses fonctions

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