Conventional Break in the Public Service
Verified 11 October 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Are you a public official and are planning to leave the public service? We present you the information on the conventional breakdown according to your public service of affiliation (State - FPE, territorial - FPT or hospital - FPH) and according to whether you are a public servant or contract.
EPF
Which civil servant can agree to a conventional break-up?
You can agree on a conventional break if you're a public servant incumbent. This is not possible if you are a probationary public servant.
In addition, to be able to agree on a conventional break, you must not have reached the minimum retirement age and you must justify the number of quarters required to obtain a full-rate retirement pension.
Nor can you agree on a contractual breakdown if you are a seconded official as a contract agent.
The possibility of agreeing on a conventional break is possible until 31 december 2025.
Please note
If you have signed an undertaking to serve the Crown at the end of a training period, you must have completed the full period of service provided by that undertaking.
What is the procedure for agreeing on a conventional break?
The conventional breach procedure may be initiated at your initiative or at the initiative of your administration employer.
Conventional rupture results from agreement between you and your employer administration. It cannot be imposed by either party.
When one of the two parties wishes to conclude a contractual breach, it informs the other party by post, registered with acknowledgement of receipt, or delivered in person against signature.
When you initiate the conventional breach procedure, you can send your letter to your Human Resources Department or the Appointing Authority.
FYI
If you are seconded or made available, you must address your request for a breach of the agreement to your home administration and inform your host administration or organization accordingly.
An interview is arranged by your administration, whether you or your administration initiated the conventional breach procedure and regardless of the willingness of either party to enter into a conventional breach.
That interview has to take place between 10 free days and one month after receipt by one of the parties of the mail from the other party requesting the conventional breakdown.
The interview shall be conducted by a line manager or by the Appointing Authority.
During this interview, you may be assisted by a staff representative on the Social Committee or by a union advisor of your choice.
The interview focuses on the following:
- Grounds for the application and the principle of breach of agreement
- Estimated date of termination of service
- Envisaged amount of the specific indemnity for breach of contract
- Consequences of termination of service.
Further interviews may be arranged.
How is the signing of the contractual breach agreement going?
When you and your employer authority reach an agreement on the terms of the breach agreement, you sign a breach agreement under a model agreement fixed by ministerial decree.
This model may be adapted, depending on the specific characteristics of the administrations.
However, any convention must obligatory contain the amount of specific severance pay and the date of termination of service agreed between you and your employer administration.
The date of signature of the termination agreement is fixed by your employer administration at least 15 free days after the last pre-interview.
On a clear day after the date of signature of the agreement, each party has a withdrawal period of 15 clear days.
During this period, the party wishing to withdraw and cancel the contractual breach must inform the other party by registered post with acknowledgement of receipt or hand delivered.
The date of termination of service shall be fixed at least 1 day after the end of the withdrawal period.
The break convention is stored in your individual file.
What is the amount of the specific contractual termination indemnity?
The amount of the specific indemnity for breach of contract cannot be inferior to the following amounts:
Year of seniority | Minimum amount of severance pay |
|---|---|
Up to 10 years | ¼ month gross monthly earnings multiplied by number of years of service |
11 to 15 years | 2/5e months of gross monthly remuneration multiplied by the number of years of service |
From 16 to 20 years | ½ month of monthly gross remuneration multiplied by the number of years of service |
21 to 24 years | 3/5e months of gross monthly remuneration multiplied by the number of years of service |
The gross monthly remuneration taken into account is 12e of your annual gross remuneration received during calendar year preceding the year of the breakdown.
The amount of the specific indemnity for breach of contract cannot be higher at 12e your annual gross remuneration multiplied by the number of years of service, up to a maximum of 24 years of service.
The gross remuneration taken into account is that received from public employers.
It can include remuneration received from several public employers, if you have made a mobility during the calendar year.
If you received no remuneration from a public employer in the year preceding the year of the break-up, the amount of compensation is zero.
The length of service taken into account includes services performed in the three public services (State, territorial, hospital).
Example :
For staff with 22 years' service and whose annual gross remuneration for the previous year is €33,400, the minimum amount of the contractual termination indemnity is calculated on the basis of 33 400 / 12 = €2,783.33.
It is equal to (2783.33 / 4 x 10) + (2783.33 x 2 / 5 x 5) + (2783.33 / 2 x 5) + (2783.33 x 3 / 5 x 2) = 6958.33 + 566.66 + 6958.33 + 3340 = €22,823.31 raw.
And its maximum amount is equal to 33 400 / 12 x 22 = €61,233.33 raw.
All but a few compensation elements are considered:
Compensation Elements | Taken into account |
|---|---|
Index treatment | Yes |
Residence allowance | Yes |
Family treatment supplement | Yes |
New index subsidy | Yes |
No | |
Surcharges and indexing linked to an overseas assignment | No |
Residence abroad allowance | No |
Premiums and allowances change of residence, first-time assignment, related to geographical mobility and restructuring | No |
Teaching or jury allowances and other allowances not directly related to employment | No |
Other premiums and allowances | Yes |
When you have an official accommodation, the amount of the premiums and allowances taken into account is the amount you would have received if you had not benefited from this accommodation.
If the amount of your conventional termination indemnity is less than €92,736, your allowance is exempt from CSG: titleContent.
If the amount of your compensation is between €92,736 and €463,680, the upper part of €92,736 is submitted for 98.25% of its amount to the CSG.
If the amount of your allowance is higher €463,680, the allowance shall be fully subject to CSG.
The contractual severance pay shall be exempt, in whole or in part, from income tax.
Your allowance (or part of your allowance) may be exempt from tax if it does not exceed twice the amount of your gross annual remuneration for the year preceding that of your contractual break.
However, the amount exempt from tax shall not exceed €278,208.
The severance pay may also be exempt from tax on 50% of its amount.
However, again, the tax-exempt amount must not exceed €278,208.
Your allowance (or a portion of your allowance) may also be exempt from tax if it does not exceed the minimum amount of allowance provided by law.
It is the most advantageous of these three amounts that is retained.
What are the effects of conventional breakdown?
The conventional breakdown results in your removal from the management and loss of your status as a public servant.
You shall be removed from the management on the date of termination of your duties as agreed in the termination agreement.
You are entitled to unemployment benefits, if you complete the conditions of award.
If you are re-recruited into the state civil service within 6 years of the break-up, you must reimburse the break-up allowance to the state.
Any public official (civil servant or contract employee) newly recruited into the State civil service must provide an affidavit in which he certifies that he has not received a contractual severance allowance from the State during the 6 years preceding his recruitment.
Where reimbursement is required, it must be made at the latest within two years of recruitment.
The periods of unemployment for which compensation is paid following the breakdown in the agreement shall be taken into account for the retreat by the Social Security Pension Insurance.
Which contractor can agree to a conventional breakdown?
You can agree on a conventional break if you are in DTA: titleContent. This is not possible if you are on a fixed-term contract.
In addition, to be able to agree on a conventional break, you must not have reached the minimum retirement age and provide proof of the number of quarters required to obtain a full-rate retirement pension.
Nor can you agree on a conventional break during the probationary period or in the event of dismissal or resignation.
Finally, the conventional breakdown is not possible if you are a seconded civil servant as a contractor.
What is the procedure for agreeing on a conventional break?
The conventional breach procedure may be initiated at your initiative or at the initiative of your administration employer.
Conventional rupture results from agreement between you and your employer administration. It cannot be imposed by either party.
When one of the two parties wishes to conclude a contractual breach, it informs the other party by post, registered with acknowledgement of receipt, or delivered in person against signature.
When you initiate the conventional disruption procedure, you can send your mail to your human resources department or recruitment authority.
FYI
If you are made available, you must address your request for a breach to your home administration and inform your host administration or organization accordingly.
An interview is arranged by your administration, whether you or your administration initiated the conventional breach procedure and regardless of the willingness of either party to enter into a conventional breach.
That interview has to take place between 10 free days and one month after receipt by one of the parties of the mail from the other party requesting the conventional breakdown.
This interview is conducted by a line manager.
During this interview, you may be assisted by a counselor appointed by a representative trade union organization of your choice, after having informed your administration.
A trade union organization is representative when it has at least one seat on the social committee of ministerial administration, network or proximity to which you report.
The interview focuses on the following:
- Grounds for the application and the principle of breach of agreement
- Estimated date of termination of service
- Envisaged amount of the specific indemnity for breach of contract
- Consequences of termination of service.
Further interviews may be arranged.
How is the signing of the contractual breach agreement going?
When you and your employer authority reach an agreement on the terms of the breach agreement, you sign a breach agreement under a model agreement fixed by ministerial decree.
This model may be adapted, depending on the specific characteristics of the administrations.
However, any convention must obligatory contain the amount of specific severance pay and the date of termination of service agreed between you and your employer administration.
The date of signature of the termination agreement is fixed by your employer administration at least 15 free days after the last pre-interview.
On a clear day after the date of signature of the agreement, each party has a withdrawal period of 15 clear days.
During this period, the party wishing to withdraw and cancel the contractual breach must inform the other party by registered post with acknowledgement of receipt or hand delivered.
The contract end date shall be set at least 1 day after the end of the withdrawal period.
The break convention is stored in your individual file.
What is the amount of the specific contractual termination indemnity?
The amount of the specific indemnity for breach of contract shall not may not be inferior to the following amounts:
Year of seniority | Minimum amount of severance pay |
|---|---|
Up to 10 years | ¼ month gross monthly earnings multiplied by number of years of service |
11 to 15 years | 2/5e months of gross monthly remuneration multiplied by the number of years of service |
From 16 to 20 years | ½ month of monthly gross remuneration multiplied by the number of years of service |
21 to 24 years | 3/5e months of gross monthly remuneration multiplied by the number of years of service |
The gross monthly remuneration taken into account is 12e of your annual gross remuneration received during calendar year preceding the year of the breakdown.
The amount of the specific indemnity for breach of contract cannot be higher at 12e your annual gross remuneration multiplied by the number of years of service, up to a maximum of 24 years of service.
The gross remuneration taken into account is that received from public employers.
It can include remuneration received from several public employers, if you have made a mobility during the calendar year.
If you received no remuneration from a public employer in the year preceding the year of the break-up, the amount of compensation is zero.
The length of service taken into account includes services performed in the three public services (State, territorial, hospital).
Example :
For staff with 22 years' service and whose annual gross remuneration for the previous year is €33,400, the minimum amount of the contractual termination indemnity is calculated on the basis of 33 400 / 12 = €2,783.33.
It is equal to (2783.33 / 4 x 10) + (2783.33 x 2 / 5 x 5) + (2783.33 / 2 x 5) + (2783.33 x 3 / 5 x 2) = 6958.33 + 566.66 + 6958.33 + 3340 = €22,823.31 raw.
And its maximum amount is equal to 33 400 / 12 x 22 = €61,233.33 raw.
All but a few compensation elements are considered:
Compensation Elements | Taken into account |
|---|---|
Index treatment | Yes |
Residence allowance | Yes |
Family treatment supplement | Yes |
No | |
Surcharges and indexing linked to an overseas assignment | No |
Residence abroad allowance | No |
Premiums and allowances change of residence, first-time assignment, related to geographical mobility and restructuring | No |
Teaching or jury allowances and other allowances not directly related to employment | No |
Other premiums and allowances | Yes |
When you have an official accommodation, the amount of the premiums and allowances taken into account is the amount you would have received if you had not benefited from this accommodation.
The contractual severance pay is exempt from social security pension insurance contributions if its amount does not exceed €92,736.
If the severance pay is between €92,736 and €463,680, the share of the allowance exceeding €92,736 is subject to contributions.
If the amount of compensation exceeds €92,736, it shall be subject to contributions in full.
If the amount of your conventional termination indemnity is less than €92,736, your allowance is exempt from CSG: titleContent.
If the amount of your compensation is between €92,736 and €463,680, the upper part of €92,736 is submitted for 98.25% of its amount to the CSG.
If the amount of your allowance is higher €463,680, the allowance shall be fully subject to CSG.
The contractual severance pay shall be exempt, in whole or in part, from income tax.
Your allowance (or part of your allowance) may be exempt from tax if it does not exceed twice the amount of your gross annual remuneration for the year preceding that of your contractual break.
However, the amount exempt from tax shall not exceed €278,208.
The severance pay may also be exempt from tax on 50% of its amount.
However, again, the tax-exempt amount must not exceed €278,208.
Your allowance (or a portion of your allowance) may also be exempt from tax if it does not exceed the minimum amount of allowance provided by law.
It is the most advantageous of these three amounts that is retained.
What are the effects of conventional breakdown?
The conventional breakdown results in your de-staffing.
You are struck off strength on the termination date agreed in the termination agreement.
You are entitled to unemployment benefits, if you complete the conditions of award.
If you are re-recruited into the State Civil Service within 6 years of the break-up, you must reimburse the State for the break-up allowance.
Any public official (civil servant or contract employee) newly recruited into the State civil service must provide an affidavit in which he certifies that he has not received a contractual severance allowance from the State during the six years preceding his recruitment.
Where reimbursement is required, it must be made at the latest within two years of recruitment.
The periods of unemployment for which compensation is paid following the breakdown in the agreement shall be taken into account for the retreat by the Social Security Pension Insurance.
FPT
Which civil servant can agree to a conventional break-up?
You can agree on a conventional break if you're a public servant incumbent. This is not possible if you are a probationary public servant.
In addition, in order to agree on a conventional break, you must not have reached the minimum retirement age and must justify the number of quarters required to obtain a full-rate retirement pension.
The possibility of agreeing on a conventional break is possible until 31 december 2025.
Reminder
The implementation of the conventional break does not require the deliberation of your community.
What is the procedure for agreeing on a conventional break?
The conventional breach procedure may be initiated at your initiative or at the initiative of your community employer.
Conventional rupture results from agreement between you and your employer administration. It cannot be imposed by either party.
When one of the two parties wishes to conclude a contractual breach, it informs the other party by post, registered with acknowledgement of receipt, or delivered in person against signature.
When you initiate the conventional termination procedure, you can send your letter to your Human Resources Department or the territorial authority.
FYI
If you are seconded or made available, you must address your request for a breach of the agreement to your home administration and inform your host administration or organization accordingly.
If you have several non-full-time jobs, the conventional break, whether it's requested by one of your employer communities or by you, has to be implemented by all of the communities.
And each community must pay you a share of the severance pay, based on the amount of time you worked with them.
One maintenance is organized by your community whether you or your community initiated the conventional breach procedure and regardless of the willingness of either party to enter into a conventional breach.
That interview has to take place between 10 free days and one month after receipt by one of the parties of the mail from the other party requesting the conventional breakdown.
This interview is conducted by a hierarchical manager or by the territorial authority.
During this interview, you may, after informing your community, arrange to be assisted by a counselor appointed by a union organization of your choice.
The interview focuses on the following:
- Grounds for the application and the principle of breach of agreement
- Estimated date of termination of service
- Envisaged amount of the specific indemnity for breach of contract
- Consequences of termination of service.
Further interviews may be arranged.
How is the signing of the contractual breach agreement going?
When you and your employing community reach an agreement on the terms of the breach agreement, you sign a breach agreement under a model agreement fixed by ministerial decree.
This model may be adapted, depending on the specific characteristics of the administrations.
However, any convention must obligatory contain the amount of specific severance pay and the date of termination of service agreed between you and your employing community.
The date of signing of the termination agreement is set by your employer community at least 15 free days after the last pre-interview.
On a clear day after the date of signature of the agreement, each party has a withdrawal period of 15 clear days.
During this period, the party wishing to withdraw and cancel the contractual breach must inform the other party by registered post with acknowledgement of receipt or hand delivered.
The date of termination of service shall be fixed at least 1 day after the end of the withdrawal period.
The break convention is stored in your individual file.
What is the amount of the specific contractual termination indemnity?
The amount of the specific indemnity for breach of contract cannot be inferior to the following amounts:
Year of seniority | Minimum amount of severance pay |
|---|---|
Up to 10 years | ¼ month gross monthly earnings multiplied by number of years of service |
11 to 15 years | 2/5e months of gross monthly remuneration multiplied by the number of years of service |
From 16 to 20 years | ½ month of monthly gross remuneration multiplied by the number of years of service |
21 to 24 years | 3/5e months of gross monthly remuneration multiplied by the number of years of service |
The gross monthly remuneration taken into account is 12e of your annual gross remuneration received during calendar year preceding the year of the breakdown.
The amount of the specific indemnity for breach of contract cannot be higher at 12e your annual gross remuneration multiplied by the number of years of service, up to a maximum of 24 years of service.
The gross remuneration taken into account is that received from public employers.
It can include remuneration received from several public employers, if you have made a mobility during the calendar year.
If you received no remuneration from a public employer in the year preceding the year of the break-up, the amount of compensation is zero.
The length of service taken into account includes services performed in the three public services (State, territorial, hospital).
Example :
For staff with 22 years' service and whose annual gross remuneration for the previous year is €33,400, the minimum amount of the contractual termination indemnity is calculated on the basis of 33 400 / 12 = €2,783.33.
It is equal to (2783.33 / 4 x 10) + (2783.33 x 2 / 5 x 5) + (2783.33 / 2 x 5) + (2783.33 x 3 / 5 x 2) = 6958.33 + 566.66 + 6958.33 + 3340 = €22,823.31 raw.
And its maximum amount is equal to 33 400 / 12 x 22 = €61,233.33 raw.
All but a few compensation elements are considered:
Compensation Elements | Taken into account |
|---|---|
Index treatment | Yes |
Residence allowance | Yes |
Family treatment supplement | Yes |
New index subsidy | Yes |
No | |
Premiums and allowances change of residence, first-time assignment, related to geographical mobility and restructuring | No |
Teaching or jury allowances and other allowances not directly related to employment | No |
Surcharges and indexing for overseas assignments | No |
Residence abroad allowance | No |
Other premiums and allowances | Yes |
When you have an official accommodation, the amount of the premiums and allowances taken into account is the amount you would have received if you had not benefited from this accommodation.
If the amount of your conventional termination indemnity is less than €92,736, your allowance is exempt from CSG: titleContent.
If the amount of your compensation is between €92,736 and €463,680, the upper part of €92,736 is submitted for 98.25% of its amount to the CSG.
If the amount of your allowance is higher €463,680, the allowance shall be fully subject to CSG.
The contractual severance pay shall be exempt, in whole or in part, from income tax.
Your allowance (or part of your allowance) may be exempt from tax if it does not exceed twice the amount of your gross annual remuneration for the year preceding that of your contractual break.
However, the amount exempt from tax shall not exceed €278,208.
The severance pay may also be exempt from tax on 50% of its amount.
However, again, the tax-exempt amount must not exceed €278,208.
Your allowance (or a portion of your allowance) may also be exempt from tax if it does not exceed the minimum amount of allowance provided by law.
It is the most advantageous of these three amounts that is retained.
What are the effects of conventional breakdown?
The conventional breakdown results in your removal from the management and loss of civil servant status.
You shall be removed from the management on the date of termination of your duties as agreed in the termination agreement.
You are entitled to unemployment benefits, if you complete the conditions of award.
If you are re-recruited within the same territorial community within 6 years of the break-up, you must reimburse the break-up allowance to your community. The same applies if you are recruited from any public institution under your former employer community or from any institution under your former employer community.
Before recruitment, the successful candidate for employment (civil servant or contract) in a local authority or establishment must send an attestation on his honor in which he certifies that he has not received, for the last 6 years, a specific severance allowance from that local authority or establishment.
Where reimbursement is required, it must be made at the latest within two years of recruitment.
The periods of unemployment for which compensation is paid following the breakdown in the agreement shall be taken into account for the retreat by the social security pension insurance.
Which contractor can agree to a conventional breakdown?
You can agree on a conventional break if you are in DTA: titleContent. This is not possible if you are on a fixed-term contract.
In addition, to be able to agree on a conventional break, you must not have reached the minimum retirement age and provide proof of the number of quarters required to obtain a full-rate retirement pension.
Nor can you agree on a conventional break during the probationary period or in the event of dismissal or resignation.
Finally, the conventional breakdown is not possible if you are a seconded civil servant as a contractor.
Reminder
The implementation of the conventional break does not require the deliberation of your community.
What is the procedure for agreeing on a conventional break?
The conventional breach procedure may be initiated at your initiative or at the initiative of your community employer.
Conventional rupture results from agreement between you and your employer community. It cannot be imposed by either party.
When one of the two parties wishes to conclude a contractual breach, it informs the other party by post, registered with acknowledgement of receipt, or delivered in person against signature.
When you initiate the conventional termination procedure, you can send your letter to your Human Resources Department or the territorial authority.
FYI
If you are made available, you must address your request for a breach to your home administration and inform your host administration or organization accordingly.
If you have several non-full-time jobs, the conventional break, whether it's requested by one of your employer communities or by you, has to be implemented by all of the communities.
And each community must pay you a share of the severance pay, based on the amount of time you worked with them.
One maintenance is organized by your administration whether you or it has initiated the procedure of conventional breach and regardless of the will of either party to conclude a conventional breach.
That interview has to take place between 10 free days and one month after receipt by one of the parties of the mail from the other party requesting the conventional breakdown.
This interview is conducted by the territorial authority.
During this interview, you may be assisted by a counselor appointed by a representative trade union organization of your choice, after having informed your administration.
A trade union organization shall be representative if it has at least one seat on the territorial social committee.
In the absence of staff representatives from representative trade union organizations on the Territorial Social Committee, you may be assisted by a trade union adviser of your choice.
The interview focuses on the following:
- Grounds for the application and the principle of breach of agreement
- Estimated date of termination of service
- Envisaged amount of the specific indemnity for breach of contract
- Consequences of termination of service.
Further interviews may be arranged.
How is the signing of the contractual breach agreement going?
When you and your employing community reach an agreement on the terms of the breach agreement, you sign a breach agreement under a model agreement fixed by ministerial decree.
This model may be adapted, depending on the specific characteristics of the administrations.
However, any convention must obligatory contain the amount of specific severance pay and the date of termination of service agreed between you and your employing community.
The date of signature of the termination agreement shall be fixed by the administration at least 15 clear days after the last prior interview.
On a clear day after the date of signature of the agreement, each party has a withdrawal period of 15 free days.
During this period, the party wishing to withdraw and cancel the contractual breach must inform the other party by registered post with acknowledgement of receipt or hand delivered.
The contract end date shall be set at least 1 day after the end of the withdrawal period.
The break convention is stored in your individual file.
What is the amount of the specific contractual termination indemnity?
The amount of the specific indemnity for breach of contract cannot be inferior to the following amounts:
Year of seniority | Minimum amount of severance pay |
|---|---|
Up to 10 years | ¼ month gross monthly earnings multiplied by number of years of service |
11 to 15 years | 2/5e months of gross monthly remuneration multiplied by the number of years of service |
From 16 to 20 years | ½ month of monthly gross remuneration multiplied by the number of years of service |
21 to 24 years | 3/5e months of gross monthly remuneration multiplied by the number of years of service |
The gross monthly remuneration taken into account is 12e of your annual gross remuneration received during calendar year preceding the year of the breakdown.
The amount of the specific indemnity for breach of contract cannot be higher at 12e your annual gross remuneration multiplied by the number of years of service, up to a maximum of 24 years of service.
The gross remuneration taken into account is that received from public employers.
It can include remuneration received from several public employers, if you have made a mobility during the calendar year.
If you received no remuneration from a public employer in the year preceding the year of the break-up, the amount of compensation is zero.
The length of service taken into account includes services performed in the three public services (State, territorial, hospital).
Example :
For staff with 22 years' service and whose annual gross remuneration for the previous year is €33,400, the minimum amount of the contractual termination indemnity is calculated on the basis of 33 400 / 12 = €2,783.33.
It is equal to (2783.33 / 4 x 10) + (2783.33 x 2 / 5 x 5) + (2783.33 / 2 x 5) + (2783.33 x 3 / 5 x 2) = 6958.33 + 566.66 + 6958.33 + 3340 = €22,823.31 raw.
And its maximum amount is equal to 33 400 / 12 x 22 = €61,233.33 raw.
All but a few compensation elements are considered:
Compensation Elements | Taken into account |
|---|---|
Index treatment | Yes |
Residence allowance | Yes |
Family treatment supplement | Yes |
No | |
Premiums and allowances change of residence, first-time assignment, related to geographical mobility and restructuring | No |
Teaching or jury allowances and other allowances not directly related to employment | No |
Surcharges and indexing for overseas assignments | No |
Residence abroad allowance | No |
Other premiums and allowances | Yes |
When you have an official accommodation, the amount of the premiums and allowances taken into account is the amount you would have received if you had not benefited from this accommodation.
The contractual severance pay is exempt from social security pension insurance contributions if its amount does not exceed €92,736.
If the severance pay is between €92,736 and €463,680, the share of the allowance exceeding €92,736 is subject to contributions.
If the amount of compensation exceeds €92,736, it shall be subject to contributions in full.
If the amount of your conventional termination indemnity is less than €92,736, your allowance is exempt from CSG: titleContent.
If the amount of your compensation is between €92,736 and €463,680, the upper part of €92,736 is submitted for 98.25% of its amount to the CSG.
If the amount of your allowance is higher €463,680, the allowance shall be fully subject to CSG.
The contractual severance pay shall be exempt, in whole or in part, from income tax.
Your allowance (or part of your allowance) may be exempt from tax if it does not exceed twice the amount of your gross annual remuneration for the year preceding that of your contractual break.
However, the amount exempt from tax shall not exceed €278,208.
The severance pay may also be exempt from tax on 50% of its amount.
However, again, the tax-exempt amount must not exceed €278,208.
Your allowance (or a portion of your allowance) may also be exempt from tax if it does not exceed the minimum amount of allowance provided by law.
It is the most advantageous of these three amounts that is retained.
What are the effects of conventional breakdown?
The conventional breakdown results in your de-staffing.
You are struck off strength on the termination date agreed in the termination agreement.
You are entitled to unemployment benefits, if you complete the conditions of award.
If you are re-recruited within the same territorial community within 6 years of the break-up, you must reimburse the break-up allowance to your community. The same applies if you are recruited from any public institution under your former employer community or from any institution under your former employer community.
Before recruitment, the successful candidate for employment (civil servant or contract) in a local authority or establishment must send an attestation on his honor in which he certifies that he has not received, for the last 6 years, a specific severance allowance from that local authority or establishment.
Where reimbursement is required, it must be made at the latest within two years of recruitment.
The periods of unemployment for which compensation is paid following the breakdown in the agreement shall be taken into account for the retreat by the Social Security Pension Insurance.
Hospital (FPH)
Which civil servant can agree to a conventional break-up?
You can agree on a conventional break if you're a public servant incumbent. This is not possible if you are a probationary public servant.
In addition, in order to agree on a conventional break, you must not have reached the minimum retirement age and must justify the number of quarters required to obtain a full-rate retirement pension.
The possibility of agreeing on a conventional break is possible until 31 december 2025.
What is the procedure for agreeing on a conventional break?
The conventional breach procedure may be initiated at your initiative or at the initiative of your institution employer.
Conventional rupture results from agreement between you and your employing institution. It cannot be imposed by either party.
When one of the two parties wishes to conclude a contractual breach, it informs the other party by post, registered with acknowledgement of receipt, or delivered in person against signature.
When you initiate the conventional breach procedure, you can send your letter to your Human Resources Department or the Appointing Authority.
FYI
If you are seconded or made available, you must address your request for a breach of the agreement to your home administration and inform your host administration or organization accordingly.
One maintenance is organized by your institution whether you or he initiated the contractual breach procedure and regardless of the willingness of either party to enter into a contractual breach.
That interview has to take place between 10 free days and one month after receipt by one of the parties of the mail from the other party requesting the conventional breakdown.
The interview shall be conducted by a line manager or by the Appointing Authority.
During this interview, you may be assisted by a staff representative on the Social Committee or by a union advisor of your choice.
The interview focuses on the following:
- Grounds for the application and the principle of breach of agreement
- Estimated date of termination of service
- Envisaged amount of the specific indemnity for breach of contract
- Consequences of termination of service.
Further interviews may be arranged.
How is the signing of the contractual breach agreement going?
When you and your employing institution reach an agreement on the terms of the breach agreement, you sign a breach agreement in accordance with model agreement fixed by ministerial decree.
This model may be adapted, depending on the specific characteristics of the administrations.
However, any convention must obligatory contain the amount of specific severance pay and the date of termination of service agreed between you and your employing institution.
The date of signature of the termination agreement is fixed by your employer institution at least 15 free days after the last pre-interview.
On a clear day after the date of signature of the agreement, each party has a withdrawal period of 15 clear days.
During this period, the party wishing to withdraw and cancel the contractual breach must inform the other party by registered post with acknowledgement of receipt or hand delivered.
The date of termination of service shall be fixed at least 1 day after the end of the withdrawal period.
The break convention is stored in your individual file.
What is the amount of the specific contractual termination indemnity?
The amount of the specific indemnity for breach of contract cannot be inferior to the following amounts:
Year of seniority | Minimum amount of severance pay |
|---|---|
Up to 10 years | ¼ month gross monthly earnings multiplied by number of years of service |
11 to 15 years | 2/5e months of gross monthly remuneration multiplied by the number of years of service |
From 16 to 20 years | ½ month of monthly gross remuneration multiplied by the number of years of service |
21 to 24 years | 3/5e months of gross monthly remuneration multiplied by the number of years of service |
The gross monthly remuneration taken into account is 12e of your annual gross remuneration received during calendar year preceding the year of the breakdown.
The amount of the specific indemnity for breach of contract cannot be higher at 12e your annual gross remuneration multiplied by the number of years of service, up to a maximum of 24 years of service.
The gross remuneration taken into account is that received from public employers.
It can include remuneration received from several public employers, if you have made a mobility during the calendar year.
If you received no remuneration from a public employer in the year preceding the year of the break-up, the amount of compensation is zero.
The length of service taken into account includes services performed in the three public services (State, territorial, hospital).
Example :
For staff with 22 years' service and whose annual gross remuneration for the previous year is €33,400, the minimum amount of the contractual termination indemnity is calculated on the basis of 33 400 / 12 = €2,783.33.
It is equal to (2783.33 / 4 x 10) + (2783.33 x 2 / 5 x 5) + (2783.33 / 2 x 5) + (2783.33 x 3 / 5 x 2) = 6958.33 + 566.66 + 6958.33 + 3340 = €22,823.31 raw.
And its maximum amount is equal to 33 400 / 12 x 22 = €61,233.33 raw.
All but a few compensation elements are considered:
Compensation Elements | Taken into account |
|---|---|
Index treatment | Yes |
Residence allowance | Yes |
Family treatment supplement | Yes |
New index subsidy | Yes |
No | |
Premiums and allowances change of residence, first-time assignment, related to geographical mobility and restructuring | No |
Teaching or jury allowances and other allowances not directly related to employment. | No |
Surcharges and indexing for overseas assignments | No |
Other premiums and allowances | Yes |
When you have an official accommodation, the amount of the premiums and allowances taken into account is the amount you would have received if you had not benefited from this accommodation.
If the amount of your conventional termination indemnity is less than €92,736, your allowance is exempt from CSG: titleContent.
If the amount of your compensation is between €92,736 and €463,680, the upper part of €92,736 is submitted for 98.25% of its amount to the CSG.
If the amount of your allowance is higher €463,680, the allowance shall be fully subject to CSG.
The contractual severance pay shall be exempt, in whole or in part, from income tax.
Your allowance (or part of your allowance) may be exempt from tax if it does not exceed twice the amount of your gross annual remuneration for the year preceding that of your contractual break.
However, the amount exempt from tax shall not exceed €278,208.
The severance pay may also be exempt from tax on 50% of its amount.
However, again, the tax-exempt amount must not exceed €278,208.
Your allowance (or a portion of your allowance) may also be exempt from tax if it does not exceed the minimum amount of allowance provided by law.
It is the most advantageous of these three amounts that is retained.
What are the effects of conventional breakdown?
The conventional breakdown results in your removal from the management and loss of civil servant status.
You shall be removed from the management on the date of termination of your duties as agreed in the termination agreement.
You are entitled to unemployment benefits, if you complete the conditions of award.
If you are re-recruited within the same hospital within 6 years of the break-up, you must reimburse the break-up allowance to your institution.
Before being recruited, the candidate selected to take up a post (official or contract) in a hospital must send an attestation on his honor in which he certifies that he has not received, during the last 6 years, a specific severance allowance from that hospital.
Where reimbursement is required, it must be made at the latest within two years of recruitment.
The periods of unemployment for which compensation is paid following the breakdown in the agreement shall be taken into account for the retreat by the social security pension insurance.
Which contractor can agree to a conventional breakdown?
You can agree on a conventional break if you are in DTA: titleContent. This is not possible if you are on a fixed-term contract.
In addition, to be able to agree on a conventional break, you must not have reached the minimum retirement age and provide proof of the number of quarters required to obtain a full-rate retirement pension.
Nor can you agree on a conventional break during the probationary period or in the event of dismissal or resignation.
Finally, the conventional breakdown is not possible if you are a seconded civil servant as a contractor.
What is the procedure for agreeing on a conventional break?
The conventional breach procedure may be initiated at your initiative or at the initiative of your institution employer.
Conventional rupture results from agreement between you and your employing institution. It cannot be imposed by either party.
When one of the two parties wishes to conclude a contractual breach, it informs the other party by post, registered with acknowledgement of receipt, or delivered in person against signature.
When you initiate the conventional breach procedure, you can send your letter to your Human Resources Department or the Appointing Authority.
FYI
If you are made available, you must address your request for a breach to your home administration and inform your host administration or organization accordingly.
One maintenance is organized by your institution whether you or your employer have initiated the contractual breach procedure and regardless of the willingness of either party to enter into a contractual breach.
That interview has to take place between 10 free days and one month after receipt by one of the parties of the mail from the other party requesting the conventional breakdown.
Such an interview shall be conducted by the Appointing Authority or its representative.
During this interview, you may be assisted by a counselor appointed by a representative trade union organization of your choice, after having informed your administration.
A trade union organization shall be representative if it has at least one seat on the social committee of establishment.
In the absence of a representative of the staff of representative trade unions on the social committee of establishment, you may be assisted by a trade union adviser of your choice.
The interview focuses on the following:
- Grounds for the application and the principle of breach of agreement
- Estimated date of termination of service
- Envisaged amount of the specific indemnity for breach of contract
- Consequences of termination of service.
Further interviews may be arranged.
How is the signing of the contractual breach agreement going?
When you and your employing institution reach an agreement on the terms of the breach agreement, you sign a breach agreement in accordance with model agreement fixed by ministerial decree.
This model may be adapted, depending on the specific characteristics of the administrations.
However, any convention must obligatory contain the amount of specific severance pay and the date of termination of service agreed between you and your employing institution.
The date of signature of the termination agreement shall be fixed by the administration at least 15 free days after the pre-interview.
On a clear day after the date of signature of the agreement, each party has a withdrawal period of 15 clear days.
During this period, the party wishing to withdraw and cancel the contractual breach must inform the other party by registered post with acknowledgement of receipt or hand delivered.
The contract end date shall be set at least 1 day after the end of the withdrawal period.
The break convention is stored in your individual file.
What is the amount of the specific contractual termination indemnity?
The amount of the specific indemnity for breach of contract cannot be inferior to the following amounts:
Year of seniority | Minimum amount of severance pay |
|---|---|
Up to 10 years | ¼ month gross monthly earnings multiplied by number of years of service |
11 to 15 years | 2/5e months of gross monthly remuneration multiplied by the number of years of service |
From 16 to 20 years | ½ month of monthly gross remuneration multiplied by the number of years of service |
21 to 24 years | 3/5e months of gross monthly remuneration multiplied by the number of years of service |
The gross monthly remuneration taken into account is 12e of your annual gross remuneration received during calendar year preceding the year of the breakdown.
The amount of the specific indemnity for breach of contract cannot be higher at 12e your annual gross remuneration multiplied by the number of years of service, up to a maximum of 24 years of service.
The gross remuneration taken into account is that received from public employers.
It can include remuneration received from several public employers, if you have made a mobility during the calendar year.
If you received no remuneration from a public employer in the year preceding the year of the break-up, the amount of compensation is zero.
The length of service taken into account includes services performed in the three public services (State, territorial, hospital).
Example :
For staff with 22 years' service and whose annual gross remuneration for the previous year is €33,400, the minimum amount of the contractual termination indemnity is calculated on the basis of 33 400 / 12 = €2,783.33.
It is equal to (2783.33 / 4 x 10) + (2783.33 x 2 / 5 x 5) + (2783.33 / 2 x 5) + (2783.33 x 3 / 5 x 2) = 6958.33 + 566.66 + 6958.33 + 3340 = €22,823.31 raw.
And its maximum amount is equal to 33 400 / 12 x 22 = €61,233.33 raw.
All but a few compensation elements are considered:
Compensation Elements | Taken into account |
|---|---|
Index treatment | Yes |
Residence allowance | Yes |
Family treatment supplement | Yes |
No | |
Premiums and allowances change of residence, first-time assignment, related to geographical mobility and restructuring | No |
Teaching or jury allowances and other allowances not directly related to employment. | No |
Surcharges and indexing for overseas assignments | No |
Other premiums and allowances | Yes |
When you have an official accommodation, the amount of the premiums and allowances taken into account is the amount you would have received if you had not benefited from this accommodation.
The contractual severance pay is exempt from social security pension insurance contributions if its amount does not exceed €92,736.
If the severance pay is between €92,736 and €463,680, the share of the allowance exceeding €92,736 is subject to contributions.
If the amount of compensation exceeds €92,736, it shall be subject to contributions in full.
If the amount of your conventional termination indemnity is less than €92,736, your allowance is exempt from CSG: titleContent.
If the amount of your compensation is between €92,736 and €463,680, the upper part of €92,736 is submitted for 98.25% of its amount to the CSG.
If the amount of your allowance is higher €463,680, the allowance shall be fully subject to CSG.
The contractual severance pay shall be exempt, in whole or in part, from income tax.
Your allowance (or part of your allowance) may be exempt from tax if it does not exceed twice the amount of your gross annual remuneration for the year preceding that of your contractual break.
However, the amount exempt from tax shall not exceed €278,208.
The severance pay may also be exempt from tax on 50% of its amount.
However, again, the tax-exempt amount must not exceed €278,208.
Your allowance (or a portion of your allowance) may also be exempt from tax if it does not exceed the minimum amount of allowance provided by law.
It is the most advantageous of these three amounts that is retained.
What are the effects of conventional breakdown?
The conventional breakdown results in your de-staffing.
You are struck off strength on the termination date agreed in the termination agreement.
You are entitled to unemployment benefits, if you complete the conditions of award.
If you are re-recruited within the same hospital within 6 years of the break-up, you must reimburse the break-up allowance to your institution.
Before being recruited, the candidate selected to take up a post (official or contract) in a hospital must send an attestation on his honor in which he certifies that he has not received, during the last 6 years, a specific severance allowance from that hospital.
Where reimbursement is required, it must be made at the latest within two years of recruitment.
The periods of unemployment for which compensation is paid following the breakdown in the agreement shall be taken into account for the retreat by the Social Security Old Age Insurance.
Conventional breakage
Special unemployment insurance scheme applicable to certain public officials and employees in the public sector
Article L136-1-1
Articles 49-1 to 49-9
Articles 49a to 49i
Articles 45-2 to 45-10
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