What happens if the probationer is not a permanent employee?

Verified 02 November 2023 - Directorate for Legal and Administrative Information (Prime Minister)

If your employing administration considers that your professional skills are insufficient to enable you to perform the duties corresponding to your grade and decides accordingly not to establish yourself as a permanent employee, its decision shall be subject to the prior opinion of the Joint Administrative Commission (JAC). Your situation varies depending on whether or not you were already a public servant before being appointed as an intern. We're going through all of that.

If your employer authority determines that you do not have professional skills required to exercise positions that match your grade, it may decide not to give you tenure.

Your employer administration may decide not to grant you tenure:

  • Either during your probationary period without waiting for the end of that period
  • Either at the end your probationary period (possibly extended if, at the end of the normal probationary period, your employer's administration has deemed your professional skills insufficient to enable you to be established and has decided to extend your probationary period in order to examine your skills at greater length)

Refusal during the course of the training

If your employer administration decides to not establish yourself during your probationary period, its decision shall consist of dismissal on grounds of incompetence.

This decision may be made provided that you have completed at least half of the normal duration of your internship (at least 6 months if you are subject to a one-year internship).

The decision to dismiss on grounds of professional incompetence shall be subject to the prior opinion of the Joint Administrative Commission (JAC).

Your administration must inform you of your right to consult your individual file.

The CAP opinion is a simple opinion that is not binding on your employer administration.

The dismissal decision may be the subject, within 2 months of the date of its notification of a litigation before the administrative court.

If, prior to being appointed as an intern, you were already a full-time public servant in another corps or job cadre, your secondment for an internship is terminated and you are reinstated in your original corps or job cadre.

You are not entitled to no compensation at the end of the course.

Refusal at the end of the course

If your employer administration decides to do not become established at the end of your internship (whether extended or not), its decision shall consist of a denial of tenure.

Appointment as a probationary official in a corps or an employment setting does not entitle him to tenure.

The decision refusing to grant tenure shall be subject to the prior opinion of the Joint Administrative Commission (JAC).

You have the right to request the disclosure of your individual file.

The CAP opinion is a simple opinion that is not binding on your employer administration.

The decision refusing to grant tenure may be the subject, within 2 months of the date of its notification of a contentious action before the court

If, prior to being appointed as an intern, you were already a full-time public servant in another corps or job cadre, your secondment for an internship is terminated and you are reinstated in your original corps or job cadre.

You are not entitled to no compensation at the end of the course.