Conditions for reassignment of a public official whose post is terminated

Verified 16 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Are you a civil servant or a contract worker and your job is terminated? You benefit from a support device to help you find a job. The arrangements vary depending on whether you are an official or a contractual DTA: titleContent or CSD: titleContent and according to your public service of origin (State - FPE, territorial - FPT, hospital - FPH).

EPF

If your job is terminated, you will be reclassified under different conditions depending on whether the termination of your job is part of a service restructuring or not.

Staff entitled to reassignment in the event of termination of employment

If you are permanent official and if your job is terminated because of the restructuring of your department, you will receive support to help you get back to work.

Accompanying devices are designed to help you find:

  • A job that fits your rank
  • Or a job in another body or job setting of at least the same level as your original body
  • Or, at your request, a private sector job.

If you are contractual partner in a DTA and if your job is cut because of the restructuring of your department, you also receive support to help you get back to work.

FYI  

Accompanying devices may also involve all the officials of the same body. Special provisions are laid down for officials holding functional managerial, managerial or expertise posts in category A.

Designation of the service concerned by a restructuring

Where a service is subject to restructuring, a ministerial order shall define such restructuring perimeter and duration. The duration implementation of accompanying measures may not exceed 3 years.

The ministerial order may provide for the possibility of benefiting from the service restructuring premium, the spouse’s mobility allowance and, if you are an official, the accompanying allowance supplement.

The Ministerial Order may also provide for the possibility of voluntary severance pay. In this case, the agent who is more than 2 years from the minimum retirement age and who chooses to resign may receive a voluntary severance payment. The staff member shall also be entitled to unemployment benefits.

Informing the agent involved in a restructuring

If you are involved in a restructuring operation, you are informed by all means of the personalized support arrangements implemented.

These accompanying arrangements are as follows:

  • Information on support and training schemes and advice on their mobilization in the context of your professional project
  • Carrying out a review of your professional career
  • Development of a professional project within a state, territorial or hospital administration or, at your request, to the private sector
  • Information and advice, taking into account your skills and the availability of positions available in the short and medium term, especially in your employment area.

Accompanying measures for the staff member concerned by restructuring

As part of the support implemented by the administration, you can benefit from the following measures:

  • Personalized support in the development and implementation of a professional project and priority access to training
  • Vocational transition leave for a maximum period of one year, allowing long courses necessary for the exercise of a new trade to be taken with a public employer in the state, territory or hospital or in the private sector
  • Making availablewith a view to his retraining with a private body or company for a maximum period of one year
  • Priority access to the training needed to implement your professional project
  • Priority of change or detachment (only if you are a public servant).

Conditions of assignment in a post of the same grade

You are posted to a vacancy corresponding to your rank in your departmental department in the department where your administrative residence is located.

You can apply for priority transfer or secondment in any vacancy in your ministerial department, throughout the national territory.

If there is no vacancy in your department, you shall be accorded priority for assignment or secondment to the vacant posts corresponding to your grade in another ministerial department in the department of your administrative residence.

If you do not have a vacancy in your department, you will be given priority for placement or secondment in vacant posts in another department in your region.

Accessible vacancies in another ministerial department are limited to a percentage of vacancies in the relevant ministerial department. A ministerial decree sets the maximum number of jobs per ministerial department or public institution available each year.

Transfer or posting to a post in another ministerial department shall be pronounced:

  • By the Director General of Administration and Public Service after consultation with the Secretary General of the Ministry of Assignment if you are assigned to Headquarters
  • By the regional prefect, on a proposal from the regional platform for interministerial support for human resources management, after consulting the head of the assignment department, in other cases.

When you are posted or seconded to a job in another department, you benefit from a personalized support automatically.

Priority access to training

You have priority access to the training necessary to implement his professional project.

Where the proposed training is provided by your employer administration, you get it automatically.

When several training courses allow you to satisfy your request, your employer administration may decide to send you the training it provides itself.

Where the proposed training is not not insured by your employer administration, the conditions for implementing priority access shall be specified by ministerial decree.

This Order may set funding ceilings.

You must send the training certificates, justifying your attendance, to your employer administration. You lose the benefit of these courses if you stop taking them, without legitimate reason.

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You're a public servant

If you are permanent official, you are assigned to a new post corresponding to your grade, if necessary in temporary oversupply.

If you are probationary official, you have no right to reclassification. If your employer administration does not have a vacancy corresponding to your grade, you are dismissed.

You're contractual

You can be reclassified to another job in the same way hierarchical category or, with your agreement, in a lower-level job.

The reclassification offer relates to jobs under the authority that recruited you.

If you are in CSD: titleContent, the reclassification job is offered for the period remaining before the end of your contract.

Your employer administration invites you to a prior interview by registered letter with acknowledgement of receipt or hand delivery against signature.

This letter indicates the subject of the summons.

The pre-interview may not take place less than 5 working days after receipt of the letter of invitation.

During the interview, you can be accompanied by the person(s) of your choice.

During the interview, your administration will inform you of the time limit within which you must submit a written request for reclassification and the conditions under which reclassification offers are presented to you.

Reclassification offers must be written and precise. The jobs offered must be compatible with your professional skills.

If you refuse to take part in the reclassification procedure or if you do not submit your request for reclassification within the time limit, you will be dismissed after a period of notice.

The length of the notice period depends on your seniority:

Tableau - Duration of the period of notice according to the length of service

Age of services

Duration of the notice period

Less than 6 months of service

8 days

Between 6 months and 2 years

1 month

At least 2 years

2 months

Your seniority is counted until the date the letter of termination is sent.

It is calculated by taking into account all your contracts, including in case of interruption of duties between 2 contracts less than 4 months if the interruption is not due to a resignation.

The notice period shall begin on the day on which the registered letter of dismissal with acknowledgement of receipt is submitted.

If you have applied for reclassification and no job offer can be made before the end of the notice period, you will be placed on unpaid leave for a maximum of 3 months at the end of the notice period. A certificate of suspension of your employment contract due to the administration is issued.

During the 3-month period, you can reconsider your request for reclassification at any time. You are then fired.

In case of refusal of the employment proposed by the administration or in case of impossibility of reclassification during the 3 months unpaid leave, you are dismissed.

You are entitled to unemployment benefits.

FPT

Officials receiving reclassification in case of termination of employment

The conditions for reassignment to a job vary depending on whether you are a permanent civil servant or a trainee.

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Full official

Your employer community is looking for opportunities to reclassify you.

If you hold one or more permanent jobs at non-full time, a change in the number of hours worked per week in a non-full-time job shall not be treated as withdrawal if the following conditions are met:

  • This change does not exceed 10% the number of working hours of the job concerned
  • And this change does not reduce your total hours of work below 28 hours per week.

Please note

Territorial employment may be abolished only after the opinion of the Territorial Social Committee.

Special provisions are laid down for officials holding functional managerial, managerial or expertise posts in category A.

Trainee official

If you are probationary officialNo, you didn't no right to reclassification. If your employing community does not have a vacancy that matches your rank, it will be placed on your internship.

If you have been appointed as a trainee following your admission to a competition, you can ask be reinstated on the list of suitable candidates drawn up at the end of the competition.

You can stay registered for a total of 4 years from your initial registration following your admission to the contest.

The 4-year statement shall be suspended for the following periods:

  • Parental, maternity, adoption, parental and family solidarity leave
  • Long-term leave
  • Fulfillment of local elected office
  • Recruitment as a member of the contract staff to replace an official or other member of the contract staff who is on a part-time or temporary absence (due to sick leave, maternity leave, etc.) if you are on a list of suitable candidates for entry into a post whose duties correspond to the post on which you are recruited as a member of the contract staff
  • Civic service engagement.

To be re-entered on the list of suitability on 3e and number foure Years, you must make a written request to the management center or the NCTF.

If no contest is organized within 4 years, you may remain on the list of suitable candidates beyond 4 years until the date of organization of a new contest.

If you hold one or more permanent jobs at non-full time, a change in the number of hours worked per week in a non-full-time job shall not be treated as withdrawal if the following conditions are met:

  • This change does not exceed 10% the number of working hours of the job concerned
  • And this change does not reduce your total hours of work below 28 hours per week.

Please note

Territorial employment may be abolished only after the opinion of the Territorial Social Committee.

Assignment of the official to a vacant post or maintenance in excess

Your employer community reassigns you to a job vacancy corresponding to your grade, or with your agreement, on a vacancy in another employment framework.

If you do not have a job vacancy or if you refuse to be reassigned to another job, you are kept in excess for 1 year within the services of your employer community.

During this one-year period, your employer community is implementing the following measures:

  • She gives you priority to any job corresponding to your rank that she creates or that becomes vacant
  • She's looking into the possibility of you untie or you integrate directly on a job in another job framework equivalent to your previous job
  • It examines the possibilities of activity on a job corresponding to your grade or on an equivalent job in the 3 public services.

The regional or interdepartmental delegation of the CNFPT and the management center are also examining possibilities for reclassification.

Management center or NCTF to take charge of the official

At the end of the one-year oversupply period, if you have not been reassigned to a job, you are supported by the management center or by the CNFPT: titleContent, if you belong to one of the following job managers:

  • Administrators
  • Chief Engineers
  • Heritage Conservators
  • Library custodians
  • Framework for design and management jobs for professional firefighters.

During the support period, you are under the authority of the management center (or the NCTF).

You remain subject to the same rights and obligations as any public servant.

The management center (or the NCTF) can entrust you with missions, including as part of a making available.

The management center (or the NCTF) offers you any vacancy corresponding to your rank within its services.

You are also kept informed of jobs created or declared vacant by the management center (or the NCTF).

You have to be accountable every 6 months of your active job searches, in particular by communicating the applications you have submitted or to which you have submitted yourself spontaneously and the interview certificates for recruitment.

Return-to-Work Custom Project

Within 3 months of your start of care, you and the management center (or the NCTF) will jointly develop a personalized project to support your return to employment.

This project sets out in particular the orientation, training and evaluation actions that you must follow.

You have priority access to the long courses necessary to practice a new profession in one of the 3 public functions or in the private sector.

If your job is terminated as a result of a reorganization within the framework of the creation of an establishment of intercommunal cooperation, you must follow all the guidance, training and evaluation actions intended to promote your reclassification that the management center (or the CNFPT) must offer you.

Compensation of the official during the period of assumption by the management center or the NCTF

The 1re year of care, you receive your index treatment (and your residence allowance if you are receiving this top-up) in full.

Your index salary and residence allowance are then reduced by 10% every year.

When the pay becomes nil, you are laid off or, if you retire, if you meet the conditions for a full-rate retirement pension.

The family treatment supplement (FTS) you are paid in full, if you receive this compensation supplement.

During the assignments that may be entrusted to you, your index salary and your residence allowance shall be restored to 100% or the remuneration due for part-time work, if practicing part-time during the assignment.

You can take advantage of the compensation scheme in force at the management center or at the NCTF.

Periods of service are taken into account in calculating the one-year periods at the end of which your index salary and residence allowance are reduced by 10%.

In case of cumulation of activities, your net remuneration shall be reduced by the amount of the net remuneration received for the cumulative activity.

Effects of the management center's or the NCTF's assumption on the official's career

You'll compete for advancement in grade and the internal promotion with the management center (or NTFC) officials under the same employment framework as yours.

Your manner of service in the assignments which may be entrusted to you is taken into account for internal promotion and advancement in step and grade.

The same shall apply in the case of secondment.

Your manner of service is also taken into account when making your professional assessment.

If you are placed, during your care, on standby, on secondment or on parental leave, your home community must examine, upon your reintegration, its possibilities of reclassifying you to a job of your rank.

If you do not upgrade, you remain under the management center or the NCTF.

End of support by the management center or the NCTF

Your support ceases in the following situations:

  • You find a job in one of the 3 public services or in the private sector
  • You meet the conditions to benefit from a full-rate pension
  • Your remuneration is has become equal to zero : you are laid off or retired if you qualify for a full rate pension
  • After 3 refusals of job offers corresponding to your grade: you are laid off or retired if you meet the conditions for a full rate pension. Only one job offer from your home community is included in this count. If you are a Category C civil servant, the jobs you have refused must be in the department where you were previously employed or a neighboring department
  • After 2 refusal of job offer if your job has been terminated due to a service delegation and if you have refused to be seconded to a job similar to your original job with the delegated service: you are dismissed or retired if you qualify for a full pension
  • In case of serious and repeated failure to comply with your obligations, in particular to submit to the monitoring and reclassification actions implemented by the management center (or the CNFPT): you are then dismissed or retired if you meet the conditions to benefit from a full rate pension

If you are fired, you are entitled to unemployment benefits.

Any job offer must be firm and precise.

It must consist of a proposal for employment containing the elements relating to the nature of the employment and remuneration.

The proposed position must correspond to the duties you have previously performed or to those defined by the particular status of your executive.

This can be a full-time or non-full-time job offer depending on the nature of your original job.

You can be reclassified to another job in the same way hierarchical category or, with your agreement, in a lower-level job.

The offer of reclassification concerns jobs under the territorial authority which recruited you.

If you are in CSD: titleContent, the reclassification job is offered for the period remaining before the end of your contract.

Your employer administration invites you to a prior interview by registered letter with acknowledgement of receipt or hand delivery against signature.

This letter indicates the subject of the summons.

The pre-interview may not take place less than 5 working days after receipt of the letter of invitation.

During the interview, you can be accompanied by the person(s) of your choice.

During the interview, your administration will inform you of the time limit within which you must submit a written request for reclassification and the conditions under which reclassification offers are presented to you.

Reclassification offers must be written and precise. The jobs offered must be compatible with your professional skills.

If you refuse to take part in the reclassification procedure or if you do not submit your request for reclassification within the time limit, you will be dismissed after a period of notice.

The length of the notice period depends on your seniority:

Tableau - Duration of the period of notice according to the length of service

Age of services

Duration of the notice period

Less than 6 months of service

8 days

Between 6 months and 2 years

1 month

At least 2 years

2 months

These durations are doubled if you have a disability and receive the obligation to employ.

Your seniority is counted until the date the letter of termination is sent.

It is calculated by taking into account all your contracts, including in case of interruption of duties between 2 contracts less than 4 months if the interruption is not due to a resignation.

The notice period shall begin on the day on which the registered letter of dismissal with acknowledgement of receipt is submitted.

If you have applied for reclassification and no job offer can be made before the end of the notice period, you will be placed on unpaid leave for a maximum of 3 months at the end of the notice period. A certificate of suspension of your employment contract due to the administration is issued.

During the 3-month period, you can reconsider your request for reclassification at any time. You are then fired.

In case of refusal of the employment proposed by the administration or in case of impossibility of reclassification during the 3 months unpaid leave, you are dismissed.

You are entitled to unemployment benefits.

FPH

Officials receiving reclassification in case of termination of employment

The conditions for reassignment to a job vary depending on whether you are a permanent civil servant or a trainee.

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Full official

If your employing institution has a vacancy corresponding to your grade, you are reassigned to that job.

In the absence of a job vacancy, you are kept in operation by your establishment if you do not meet the conditions to benefit from a full-rate retirement pension.

You receive support to help you get back to a job.

Accompanying devices are designed to help you find:

  • A job that fits your rank
  • Or a job in another body or job setting of at least the same level as your original body
  • Or, at your request, a private sector job.

Please note

Hospital employment may be abolished only after the opinion of the social committee of establishment.

Special provisions are laid down for officials holding managerial functions.

Trainee official

If you are probationary officialNo, you didn't no right to reclassification. If your employing institution does not have a vacancy corresponding to your grade, it is placed at your internship.

Please note

Hospital employment may be abolished only after the opinion of the social committee of establishment.

Accompanying measures for the official whose post is terminated

As part of the support provided, you can benefit from the following measures:

  • Carrying out a review of your professional career
  • Development of a professional project within an administration (state, territorial or hospital) or, at your request, towards the private sector and communication of information and advice, taking into account your skills and the offer of jobs in the short and medium term, especially in your home territory
  • Support in your efforts to find a job
  • Priority access to the training needed to implement your professional project
  • Vocational transition leave to undergo training or a training course in order to pursue a new occupation in the public service or in the private sector.

You can benefit from the support system from the date on which the withdrawal of your job is notified.

The device terminates at one of the following events:

  • Assignment to a job matching your grade
  • Or assignment to a post in another body or framework of posts of at least equivalent level
  • Or secondment, on lay-off or parental leave
  • Or removal of the management (for retirement or resignation in particular).

Priority access to training

As part of your priority access to training, you automatically receive training when it is organized as part of your institution's training plan or funded by your institution.

When you have several courses to meet your request, your employing institution may decide to send you the courses listed in the training plan of the institution.

Where the training envisaged is not organized as part of your institution's training plan or is not financed by your institution, the conditions for implementing priority access, and possibly the definition of a funding ceiling, shall be specified by your head of institution as part of the collective support scheme.

You must send your institution the training certificates justifying your attendance. You lose the benefit if you stop following them for no legitimate reason.

Priority for recruitment in a hospital

If a public hospital located in your home department has a vacancy corresponding to your grade, that hospital will recruit you at the request of the employerARS: titleContent.

Your recruitment takes place within a maximum of 30 days following the consultation of the head of the establishment by the LRA.

You can apply for priority recruitment on any vacancy corresponding to your grade in a public hospital located in your home department or region. In this case, you address your application to the recruiting institution by mentioning your recruitment priority. You inform the LRA of this application. The head of the recruiting school informs your home head of school of his decision to recruit. You benefit from a personalized support, automatically.

Provision in the private sector

You can benefit from a making available with a private sector organization or company for a maximum period of one year, with a view to your retraining.

Reorganization of establishment

If your job is deleted as part of the reorganization of your establishment or one or more of its services and if you're in DTA: titleContent , you receive support to find a job.

The reorganization operation cannot take longer than the duration 3 years.

As part of the support provided, you can benefit from the following measures:

  • Carrying out a review of your professional career
  • Development of a professional project within an administration (state, territorial or hospital) or, at your request, towards the private sector and communication of information and advice, taking into account your skills and the offer of jobs in the short and medium term, especially in your home territory
  • Support in your efforts to find a job
  • Priority access to the training needed to implement your professional project
  • Vocational transition leave to undergo training or a training course in order to pursue a new occupation in the public service or in the private sector.

Your institution will inform you about these devices and advise you on their use in your professional project.

As part of your priority access to training, you automatically receive training when it is organized as part of your institution's training plan or funded by your institution.

When you have several courses to meet your request, your employing institution may decide to send you the courses listed in the training plan of the institution.

Where the training envisaged is not organized as part of your institution's training plan or is not financed by your institution, the conditions for implementing priority access, and possibly the definition of a funding ceiling, shall be specified by your head of institution as part of the collective support scheme.

You must send your institution the training certificates justifying your attendance. You lose the benefit if you stop following them for no legitimate reason.

Other situation

You can be reclassified to another job in the same way hierarchical category or, with your agreement, in a lower-level job.

The reclassification offer relates to jobs under the authority that recruited you.

If you are in CSD: titleContent, the reclassification job is offered for the period remaining before the end of your contract.

Your employer administration invites you to a prior interview by registered letter with acknowledgement of receipt or hand delivery against signature.

This letter indicates the subject of the summons.

The pre-interview may not take place less than 5 working days after receipt of the letter of invitation.

During the interview, you can be accompanied by the person(s) of your choice.

During the interview, your administration will inform you of the time limit within which you must submit a written request for reclassification and the conditions under which reclassification offers are presented to you.

Reclassification offers must be written and precise. The jobs offered must be compatible with your professional skills.

If you refuse to take part in the reclassification procedure or if you do not submit your request for reclassification within the time limit, you will be dismissed after a period of notice.

The length of the notice period depends on your seniority:

Tableau - Duration of the period of notice according to the length of service

Age of services

Duration of the notice period

Less than 6 months of service

8 days

Between 6 months and 2 years

1 month

At least 2 years

2 months

Your seniority is counted until the date the letter of termination is sent.

It is calculated by taking into account all your contracts, including in case of interruption of duties between 2 contracts less than 4 months if the interruption is not due to a resignation.

The notice period shall begin on the day on which the registered letter of dismissal with acknowledgement of receipt is submitted.

If you have applied for reclassification and no job offer can be made before the end of the notice period, you will be placed on unpaid leave for a maximum of 3 months at the end of the notice period. A certificate of suspension of your employment contract due to the administration is issued.

During the 3-month period, you can reconsider your request for reclassification at any time. You are then fired.

In case of refusal of the employment proposed by the administration or in case of impossibility of reclassification during the 3 months unpaid leave, you are dismissed.

You are entitled to unemployment benefits.