THE LEGAL REGIME OF THE FUNCTIONAL RELATIONSHIP CONTINUATION AND TEMPORARY SUSPENSION THROUGH ORDINANCE NO. 06-03 AND ITS APPLIED TEXT

Abstract

Ordinance No 06-03, which includes the general Status of public function, addresses the Statutory Positions in which an employee may find themselves throughout their professional career. Chapter six of this Ordinance, covering Articles 127 to 155, specifies these Positions. Article 127 outlines five distinct Positions: the normal service Positions, which applies to all employees, and four exceptional Positions statuses available to eligible employees. These exceptional Positions include detachment and out-of- outside the framework position, where the employee remains connected to the administration but performs their duties outside their original department or professional track. The Position of availability and national service result in a temporary suspension of the employment relationship, affecting the employee's access to professional rights in the case of availability. Chapter six's provisions refer to regulations that clarify the conditions and methods for applying each Statutory Positions. However, this regulatory text was delayed until 2020, when Executive Decree No. 20-373, dated December 12, 2020, was issued concerning Statutory Positions of public employees. These Positions were established within a framework of flexibility and adaptation characterizing the management system of public employment, which requires balancing the interests of the administration by promoting mobility within public function and adapting public function to a changing economic and social environment, as well as facilitating the exchange of skills and expertise between state institutions and departments while protecting the employee's interests by addressing their personal and family circumstances and responding to their professional and political ambitions.