agents non titulaires de droit public

23:11 Feb 4, 2015 

Thanks for that very enlightening explanation, much of which matches the very similar Spanish system, of which I have first-hand experience, though as I say the droit public/droit privé distinction for non-fonctionnaires does not exist as such in Spain.

One nit-picking point that occurs to me concerns the word "contractual". As a matter of fact, in plain English, any public employee who is not a fonctionnaire has some form of contract. But it is also true that non-titulaires fall into three categories, called auxiliares, contractuels and vacataires. The contractuels, as far as I can tell, have shorter-term contracts than the auxiliaires. It seems to me that if you call agents non-titulaires contractual employees (which is not inaccurate) it is liable to cause confusion in respect of the French term contractuels. That is the main reason why I think it would be better to use the term non-established to render non-titulaire.

There is also the point that not all contractual employees are public employees, by any means.

But "working under a public law contract" expresses it well, I think.

21:42 Feb 4, 2015 

I suppose I could put (tongue in cheek) second-grade (or uncivil-servant) employee but client might not appreciate this.

21:39 Feb 4, 2015 

Thanks for the info. When I asked my wife, her reply was 'unqualified'. This based on the fact that she taught in French schools as non-titulaire because the French would not accept her English qualification as a teacher. Put simply, they don't accept the qualification and therefore pay less than they should. She now works for GRETA teaching adults and with the correct salary.

21:36 Feb 4, 2015 

the advantages and protection afforded under private law.
When a "agent non-titularisé" employed by the local authority (public law) has a problem of employment law, he turns to the Tribunal administratif. An individual doing the same job under a contract of private law and with a similar problem will turn to the Prud'hommes.

This explanation is presented after having been an AVS-i, auxiliaire de vie scolaire, for 4 years accompanying children with a recognised handicap in school during lessons and so on. (One-to-one classroom support). Two AVS for one child : I was on a private law contract for 20h a week, my colleague, accompanying the same child for 20h a week had a private law contract of employment. Same job, same number of hours, same lycée, differnet salary, different benefits, etc...

21:31 Feb 4, 2015 

A "fonctionnaire" is a civil servant. A fonctionnaire enjoys full protection of being a civil servant, is a "titulaire" and inpublic service for life if he wishes to stay there.
An "agent non-titulaire" is an employee of a public administration who does not have civil servant status and does not enjoy the security of tenure held by the fonctionnaire (titulaire). Such agents are employed directly by the administration and their terms and conditions are akin to those employees who are fonctionnaires. As a rule, however, the agents non-titulaires, often have some of the disadvantages of those who are fonctionnaires (low salaries in the lower echelons), but few of the advantages.
Public administrations, such as the Education nationale also employ staff on contracts under private law. These employees are employed by the structure which has the immediate requirement. The salary in the lower echelons is generally better than those doing the same job under a contract of employment under a public law contract of employment (ie: a SMIC insted of a sous-SMIC)! Such exmployees have next to none of the protection of public employees (fonctionnaires or agents non-titualirsés) but all

14:18 Feb 4, 2015