Reform of the status of civil servants / Adoption of a Sovereign Ordinance on general statutory provisions applicable to state employees

Interview with Christophe Orsini, Director of Human Resources and Training for the Civil Service

Act No. 1.527, amending Act No. 975, dated 12 July 1975 on the status of civil servants, updated the status of this group. A Sovereign Ordinance on general statutory provisions applicable to state employees entered into force on the same date: 1 January 2023.

What changes have been brought in by this legislation and what do they mean? Below are some of the answers to this question.

What do we mean when we talk about reforming the status of civil servants?

The new status of civil servants has entered into force nearly 48 years after the first version was enacted, by Act No. 975 of 12 July 1975, and following 11 years of work involving the General Secretariat of the Government, all ministries and a number of government departments.

The enormous amount of remarkable work completed by the Department of Legal Affairs throughout this process in 2022 is to be commended, not least since it was done within a shortened timeframe.

This legislation enshrines practices, strengthens and provides a framework for existing provisions and includes innovative provisions that, among other things, help to maintain an appropriate balance between the rights and duties of civil servants, while improving the relationship between their work and personal lives and enabling them to benefit from genuine social progress. It also makes new managerial tools available to department heads and increases the attractiveness of the Monegasque Government.

It is an updated status for a public service that has proved capable of adapting to social transformation, including by adopting new information systems and modern communication tools, while holding onto its traditions by maintaining the proximity and human aspect that are so popular with users.

What do the new act and sovereign ordinance offer in terms of salary?

Firstly, summer holiday and end-of-year bonuses are being increased by five percentage points, with the first rising from 35% to 40% and the second from 65% to 70%.

Secondly, heads of department now have the ability to award up to two additional points on the salary scale as part of the annual promotion campaign.

In addition, a bonus in the form of a differential allowance may be offered by heads of department for “expert roles” (list published by Ministerial Decree No. 2022-727, dated 16 December 2022 setting out the list of specialities) at the rate of one point/step if they have been in the job for more than 10 years and two points/steps if they have been in the job more than 20 years.

What progress has been made on working time?

This legislation has established working hours within the government and introduces a general framework for on-call duties. Unless there are more favourable existing provisions within a department, civil servants and state employees providing an on-call service who have been required to work can be granted time off in lieu of one half day for periods of work totalling less than 3 hours and 45 minutes, and one full day for periods of work equal to or longer than this.

Civil servants and state employees subject to dynamic working hours will benefit from a doubling of recovery time from February: one half day granted if the additional hours worked are longer than or equal to 3 hours and 45 minutes but less than 7 hours and 30 minutes; one day or two half days if the additional hours are longer than or equal to 7 hours and 30 minutes.

All of this time off continues to be subject to the agreement of the head of department.

Do some provisions relate to changes in part-time working?

In addition to the existing provisions, now enshrined in the new legislation, in the event of long-term sickness, active civil servants and state employees may, subject to conditions, request part-time working for health reasons while continuing to receive full-time pay.

What about leave?

Maternity leave is being increased from 16 to 18 weeks, while paternity leave is being extended from 12 to 21 days for a single birth and from 19 to 28 days for a multiple birth (for any birth that occurs from 1 January 2023).

It is also now possible to defer leave days not taken to the year following the one in which they were awarded:

• Automatically – in the event of illness, paternity or maternity leave: all days not taken
• At the discretion of the head of department – for accomplishment of an exceptional workload, up to 10 days from 2023

In addition, civil servants and state employees can make an anonymous donation of some or all of their untaken leave days to a colleague who is providing family support to a relative, and can receive a lump-sum payment for leave days not taken on permanently leaving their post.

Finally, subject to conditions, family support leave may be granted to provide assistance to a relative experiencing difficulties.

What about teleworking?

Teleworking has now been given a legal framework as part of this legislation. It may not account for more than two thirds of an employee’s working hours and requires the agreement of the head of department and the civil servant or state employee.

What about state employees?

State employees are an integral part of the Monegasque civil service and remain critical to its organisation and operation.

With the exception of certain provisions reserved exclusively for Monegasque civil servants, the Prince’s Government has decided, as you can see, to enable state employees to benefit from these changes, in order to reaffirm its confidence in them and express its recognition for their service.

Furthermore, while maintaining their current length of contract, they will have the opportunity, on their final renewal, to agree a permanent contract.