Employment contracts concluded under public employment schemes: a contribution to the study of special employment contracts.

Summary The legislator has created a battery of employment contracts concluded under public employment schemes. These contracts have two major characteristics, which distinguish them from other employment contracts and unite them within the same family of contracts. On the one hand, they are directed contracts: the public authority seeks to achieve public objectives through these private agreements. Their hybrid nature with regard to the distinctions between private and public interest implies, for the employer, the benefit of various incentives and, for the administrative authority, the possibility of intervening in the contractual process by means of various authorizations and controls. On the other hand, the work performed is not only remunerated, but also includes training or participation of the employer in the professional integration of the employee. The complex subject matter of the contracts requires, in terms of legal technique, the articulation of an employment contract with another agreement to achieve a complex contract or a complex of contracts. The emergence of new obligations, characteristic of agreements, is not without consequences for the employee's obligation to work and for the employer's power to direct and sanction. Thus, when the latter does not respect his commitments, the employee has various actions for enforcement and requalification. Beyond an attempt to rationalize positive law, one cannot fail to note that, in the future, the combination of formative, instilling and productive work periods should constitute the object of any employment contract. If we follow these perspectives, employment contracts concluded under public employment schemes, originally conceived as simple instruments, prefigure what could be the legal framework of a new employment relationship, understood lato sensu, i.e. including its non-market forms.