4) Special leave authorisation:

Special Leave authorisation is not taken into consideration in calculating the annual administrative
Leave that a State worker benefit either for a mission of public interest or private issues period of
notice not included; according to the following procedures:

 Three working days for the wife about to put to birth

 Five working day for marriage or death of spouse

 Three working days for the death of an immediate relation or elder person from the same
lineage or collateral relatives (article 53 of the afore-mentioned decree)

Duly justified Leave permission can be exceptionally granted to State workers for personal
reasons (article 54 of the afore-mentioned decree).

d) Right to Participate

State workers can participate by through elected representatives who sit for him in the
advisory board, to draft rules and regulation concerning his career or the running of the
public service (article 34 decree cited above).

e) Entitlement to Pension

Retirement is the end of a normal career for a government official and therefore,
qualifies him to a pension paid by the Public Treasury or any withdrawal payment services
authorized by presidential decree (article 123 of the General status Public Service of decree
No. 94/199 of 7 October 1994 modified and completed by decree No. 2000/287 of 12
October 2000).

 Specific Situations

Besides the provisions of the General status of the Public Service, the age limit for retirement is Sixty
years (60) years for State workers and Fifty-Five (55) years for contract employees.

I-OBLIGATIONS

A) General Obligations:

They are as follows:

 Obligation to Professional discretion

 Obligation to serve and be steadfast to duty

 Obligation to be disinterested

 Obligation to obedience

1) Obligation to Professional discretion

 State workers have to be discrete in carrying out his duties. Avoid making public his
political, philosophical and religious, or Trade union opinions or to make use of these
concepts.

2) Obligation to serve and devote oneself to service

State workers are bound to personally maintain the Public service, to entrust to himself
and diligently devote at all moments under any circumstance, respect state property and be
responsible.

 Disinterested Obligation

State workers are forbidden to head and be at the helm of a business venture or
personally control a section or is somehow personally related to it or is himself, having
someone sitting in for him or having his name on any of these business entities whatsoever in
such a way that will put his job in jeopardy or occupy most of his time.

 Obligation to Obedience.

State workers are solely responsible in carrying out their duties, thus they are obliged to obey
individual or general instructions from their hierarchy that is in his line of duty as stipulated
by the law.

It is incumbent for him to carry out all tasks within his line of duties, from his authorities and
within his competence. Article 39- 40 of decree No. 94/199 of October 1994 modified by
decree No. 2000/287 of 12 October 2000 mentioned applies to all government officials.

A) Special Obligations

In addition to the obligations laid out by the General status of the public service, all state
workers serving with the National education corps is subjected to the common obligation of
academic supervision and expected promotion as stipulated by this special status ( cf article
63 of decree No. 2000/359 cited above).

1) State workers serving with the National Education are obliged where necessary to take
part in all official examinations organized by the Ministry of Education (cf article 64 of
decree No. 2000/359 cited above)

 Be present in school and ready to teach

 Take part in academic reforms

 Prepare and updates lessons to meet knowledge evolution

 Permanently control the acquisition of knowledge by students.

1) As concerns Guidance Counselling, Universities and Vocational Training;

 Assessment of the course content and teaching methods in relation to the

psychological aspects of the learners and their ability to meet the economic
needs of the nation;

 Psycho-pedagogic follow up of learners;

  Counsel learners on various problems affecting their education, their socio-
professional insertion and personal relationships;

 Research on applied child psychology

All State workers in this domain must:

- Put up a responsible behavior worthy of a teacher with good work ethics

- Respect the secular nature of the state

- Eschew from organizing any gathering with political undertone within the
school environment;

- Be ready to work anywhere within the national territory.

TOPIC II - LEGAL ASSISTANCE TO GOVERNMENT EMPLOYEES

The State is responsible for providing government employees (civil servant, contract
worker, etc.) protection against threats, insults, violence, assault and defamation of which he
may be victim due to or while performing his duties.
Misconduct by State employees can be either professional (professional misconduct) or
extra-professional (personal misconduct).
We shall examine the nature of the misconduct on the one hand, and the responsibility
of the State on the other hand.

I - NATURE OF MISCONDUCT

A) Professional misconduct

Professional misconduct is an illegal act committed by a State employee in the

performance
of his duties, which act is damaging to others. In this case, the State - or at least the Ministry - is
required to assist the offending government official (see Art. 25 (1) of Decree No. 94/199 of 7
October 1994 on the General Rules of the Public Service of the State modified and supplemented
by Decree No. 2 000/287 of 12 October 2000).

B) Extra-professional misconduct (personal misconduct)

Extra-professional misconduct is the crime of commission or omission against a third
party by a government official outside the context of his duty.

In this case, the State is not responsible for protecting or assisting the offending official.

II - RESPONSIBILITY OF THE STATE

A) Personal Misconduct

The civil responsibility of the State supersedes that of the State employee (civil servant
or contract worker) convicted of personal misconduct against a third party in the exercise or in
connection with the exercise of his duties. In this case, the State takes recourse action against the
accused.

B) Independent Personal Fault

Similarly, when a civil servant is sued for professional misconduct by a third party and
insofar as no personal misconduct unrelated to the exercise of his duties is attributable to that
official, the State must protect him from the sentence pronounced against him.
However, it should be noted that recourse action is not exclusive of disciplinary
sanctions for the personal fault committed.
In any case, it should be noted that the State employee shall only receive legal
assistance according to the nature of the misconduct.

TOPIC III - VALIDATION OF PRIOR SERVICES IN KEEPING WITH THE PROVISIONS OF DECREES
No. 74/759 OF 26 AUGUST 1974, AND ITS MODIFICATIONS ORGANISING THE CIVIL PENSION
SCHEME, No. 96/98 OF 23 APRIL 1996 CONCERNING THE SPECIAL STATUS OF CIVIL SERVANTS
OF THE NATIONAL EDUCATION CORPS AND DECREE No. 2000/359 OF 5 DECEMBER 2000 ON
THE SPECIAL STATUS OF OFFICIALS OF THE NATIONAL EDUCATION CORPS.

Many contract teachers who were absorbed into the civil service before their
retirement are now facing pension problems. These problems are due to the lack of knowledge
of their right, that is, the interpretation of the provisions of the aforementioned decrees on the
expression "validation of prior services rendered".
Let us start with the notion of "validation of prior services rendered". It is about making
valid the services of a person who has no employment security and whose condition is uncertain,
temporary and fragile.
The transition from contract teacher to civil servant depends on the validation or not of
the services provided for in the aforementioned three decrees which shall be analysed as
follows:

1°) Decree No. 96/98 of 23 April 1996 on the Special Status of Civil Servants of the
National Education Corps.

According to Article 23 of this decree, contract teachers referred to in the preceding

article, that is, contract teachers who are holders of the Baccalauréat de l’Enseignement
Secondaire Général or the GCE "Advanced Level" to be absorbed at their request by particular
acts, are absorbed without any age requirement.
However, they will have to fulfil other conditions for entry into the Public Service and
show proof of the services performed as a contract teacher from when they were thirty five (35)
years old to their age at the time of absorption in view of their retirement pension.
Indeed, the provisions of this text were in line or simply in conformity with those of the
amended Decree No. 74/759 of 26 August 1974 on the organisation of the civil pension system,
Article 9 (3) of which provides that services that are approved for retirement or proportional
pension are the services of decision-making or contract officials that are duly validated in the
various departments and administrative bodies of the Republic in accordance with Article 10 of
this decree.

Similarly, the article of this decree, entitled "validation of prior services" provides that
the validation referred to in paragraph 3 of Article 9 "must be requested before retirement of the
official and acknowledged by a decision of the Minister of Finance after prior payment of the
regulatory deduction of 6% to the Public Treasury".

2 °) Decree No. 2000/359 of 5 December 2000 on the Special Status of Officials of the
National Education Corps.

In this text we shall analyse the provisions of Article 73.

Paragraph 1 "Absorption of State employees under the Labour Code shall be without
age requirements, provided that the persons concerned fulfil the other conditions of access to
the Civil Service".
Paragraph 2 "services rendered by the persons concerned as State agents are
systematically validated in view of the future payment of their pension".
In any case, it should be noted that the payment of prior services by the candidate for
absorption depends on the period in which he made the request according to the texts.

IV – MISCELLANEOUS CONSULTATIONS
General Coordination:
DJOMNANG TCHATCHOUANG Léopold
Head of the Division of Legal Affairs

Producer: Participants:
Members: CEA1
Mrs TAKANG AYUK Alice AGBOR
Messrs: BEKOMBO Henri
CELEREG/DAJ Messrs: - EBOUMBOU MAKEMBE Henri
- AWOUMOU MBAZOA JulesPINDJOU
Aimé Jacques
- BIAMB Alfred CEA2
- KODA Mrs DJAOUDJAOUROU née LIKNI Antoinette
- DJIDDA FAIDE Mr TCHOUAKEN Alain Olivier

Mrs - TIKREO née DAITCHAWE MAILANNE Blandine

- TCHWEM née SIMO Régine
- MOAKOUGOU NKODO Annie Michèle
- KEJETUE Aghata Pajip
- DJANGA Jacqueline
- MENGUE épouse KOMBI KOMBI
- NGO DEBI Mandela