Response from the Ministry of Transformation and Public Service: The payment of the salaries of public officials is carried out in thirtieths. Nevertheless, these terms and conditions must not allow the payment of remuneration below the legal minimum: every agent is entitled, after service, “to a minimum remuneration which cannot be lower than the minimum wage for growth” (Conseil d’Etat, Section , April 23, 1982).
Also, when the calculation of the remuneration of a public official in the thirtieth leads to an amount lower than the minimum wage for growth (SMIC) calculated over the period of the employment relationship, it is indeed necessary to implement the differential indemnity instituted speak decree n° 91-769 of August 2, 1991 which concerns civil servants and contractual agents of the three sides of the civil service.
This indemnity is equal to the difference between the gross monthly amount of the SMIC, if applicable prorated according to the number of hours worked and the gross monthly amount of the gross salary or gross salary due to the beneficiary. Given these provisions, no public official may be paid below the hourly minimum wage in force.
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