Pas de prime de service aux contractuels

sources-flickr-conseil-detat-par-rouge-et-bleuMesdames, Messieurs les contractuels, sortez vos mouchoirs. Par décision du 23 mars dernier, le Conseil d’État ((Quelques suggestions réformatrices audacieuses et pleines d’esprit ont pu lui être adressées le 1er avril dernier. )) a prononcé son dernier mot : il n’y aura pas de prime de service aux agents contractuels servant dans les établissements sanitaires, sociaux et médico-sociaux.

En revanche, les employeurs publics applaudiront cette décision, l’enjeu financier étant non négligeable, par les temps et la T2A qui courent.

A l’examen de la décision, le lecteur averti reconnaîtra l’ingéniosité sans borne des avocats au Conseil d’État et à la Cour de cassation, plus communément appelés « avocats aux Conseils. »

S’agissant des motifs d’illégalité externe, les Sages du Palais-Royal nous expliquent que les autorités signataires du fameux arrêté du 24 mars 1967 n’avaient pas compétence pour instaurer la prime de service aux agents contractuels servant dans les établissements publics hospitaliers dès lors que ces agents sont placés sous une autorité autre que la leur.

S’agissant du motif d’illégalité interne, la Haute juridiction administrative indique qu’en estimant que l’arrêté était applicable aux agents publics hospitaliers recrutés à titre contractuel dans les établissements publics d’hospitalisation, la Cour administrative d’appel de Paris a commis une erreur de droit.

Ainsi donc s’achève un épilogue, qui décevra celles et ceux, par exemple, qui en avaient fait une question de principe. La Fédération Hospitalière de France adresse, quant à elle, quelques conseils à ses adhérents sur la conduite à tenir face à cette décision.

A bon entendeur…

Omar YAHIA

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