After the revaluation of teachers’ and researchers’ allowances, the second consequence of the research programming law (LPR) concerns an exemption clause to simplify, for research and higher education staff, the system which allows all civil servants to hold more than one office.
A simple prior declaration will replace the request for authorisation to which teacher-researchers are subject when they want to carry out an ancillary activity that falls within their statutory missions.
The decree n° 2021-1424 of 29 October 2021 specifies that “are subject to a written declaration, the accessory activities corresponding to the missions mentioned in article L. 123-3 of the code of education and L. 411-1 of the code of research and which are exercised with:
- a [public] higher education establishment,
- a public research establishment,
- a public establishment covered by the decree mentioned in article L. 112-6 of the research code,
- a foundation recognised as being in the public interest whose main activity is public research,
- the HCERES, a state administration, a local authority, an international intergovernmental organisation, an institution or a body of the European Union”.
For ancillary activities that do not fall within this scope, such as interventions in private establishments, the request for authorisation to combine activities will continue to apply.
The new written declaration must be submitted no later than 15 days before the exercise of this ancillary activity to the hierarchical authority to which he/she reports for the exercise of his/her duties.
This declaration must include:
- The identity of the employer or the nature of the organisation on behalf of which the secondary activity will be carried out.
- The nature, duration, periodicity, and conditions of remuneration of this secondary activity.
Finally, the decree emphasises that the competent authority may oppose the combination of activities or its continuation:
- “If the interests of the service justify it,
- if the declared activity does not fall within the scope of the exemption provided for by this decree,
- if the information provided in the declaration is incomplete,
- or if this combination is incompatible with the duties performed by the agent or the job, he or she holds with regard to the ethical obligations mentioned in Chapter IV of the law of 13 July 1983 or the provisions of Article 432-12 of the Criminal Code.
This decree will come into force on 1 January 2022.