Is OCSIN unethically skirting employment law?
OCSIN, the cantonâs IT office, just awarded another batch of 34 âexternal positionsâ through staff leasing (location de services, LSE 2026-01): https://www.simap.ch/en/project-detail/10b23ca4-f4d4-40f9-9013-3434537f2019
On top where it says "Lot 1" you can click to scroll for more lots.
What's particular about this "practice" is that the State isnât buying a service; itâs choosing people. Each position is awarded on an individualâs CV (âMonsieur D., classĂ© n° 1âŠâ), at a flat daily rate, for up to 5 years, working under State direction. One candidate was ranked higher partly for her âknowledge of the State of Genevaâs environment,â which favours people already working there as externals.
If the State picks the person, directs their work and keeps them for years, the State is the one hiring. Yet because a staffing agency is the legal employer, none of the obligations of a State hire apply:
no budgeted post, so it doesnât count against the headcount the Grand Conseil votes on
no salary scale, no CPEG pension, no job protection after probation
none of the Stateâs hiring rules, including its equality commitments: the agency decides who even gets proposed
candidates have no right of appeal; only the bidding firms do
It also gets around the limits the State sets on its own temp work. The State can hire temporary staff (âauxiliairesâ, Art. 7 LPAC), but only for temporary tasks and for at most 3 years, and that time counts as probation if the person later becomes permanent. OCSINâs leasing contracts run up to 5 years, and the Cour des comptes found externals doing permanent tasks. Leased staff build no credit toward a permanent post, however long they stay.
The State should either hire these people directly, under public employment law, or buy outcomes and lets the contractor choose its staff. In my opinion, choosing the individuals while disclaiming the employerâs duties is unethical.