المحترف
Volume 13, Numéro 1, Pages 325-346
2026-03-24
The Contractual Relationship As An Exceptional Rule In The Public Service System
Authors : Derbazi Kaisar .
Abstract
The Algerian legislator introduced the contract system in public employment for positions that were, until recently, exclusively held by public employees. This was done to achieve a fundamental goal: ensuring the continuity of public services by drawing on the flexibility of contractual mechanisms compared to traditional recruitment procedures. Functions such as conservation, maintenance, and services are considered vital across various public facilities. However, this system is charachterized by two major shortcomings. The first lies in restricting the administration’s discretion, as it does not have complete freedom in selecting the contracting party. A set of regulatory procedures imposes constraints that limit its discretionary authority, thereby undermining the system’s primary value—swift recruitment to fill vacancies and ensure service continuity. The second flaw is the violation of the principle of equality. We find that contractual agents occupy the same positions as public employees but do not have the same rights, such as the right to promotion or access to legal statuses like secondment or attachment. This creates a form of disparity within public administrations and institutions, where it becomes unacceptable to have two categories of personnel bearing the same professional obligations yet differing in their rights.
Keywords
Contractual employment in public service, public facility, administrative flexibility, principle of equality, contractual agents, public employees, recruitment procedures.
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