Can a contract public official change employer?
Verified 18 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)
You are contractual in the public service and you are considering change job ? We present you your possibilities of mobility depending on whether you are in DTA or CSD.
DTA
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You are being hired on a temporary basis on a new job in the public service
You can benefit from a mobility leave if you are recruited on fixed-term contracts on a new public job.
Mobility leave is granted for a maximum of 3 years renewable up to a maximum of 6 years.
This leave is granted if the service requirements allow it.
This leave is unpaid, but you receive the remuneration for your new job.
There is no text setting the deadline for submitting your 1re request for leave.
If you wish to renew your leave, you must request it, by registered letter with acknowledgement of receipt, at least 2 months before the scheduled end date of your current leave.
If you wish to return to your original job at the end of your mobility leave, you must also make an application, by registered letter with acknowledgement of receipt, at least 2 months before the end date of your leave.
If you do not make a request at least 2 months before the end of your leave, you are considered to have given up your employment and are not entitled to any compensation.
If you apply to return to your original job, you are reassigned to your previous position.
If this is not possible, you have priority to be assigned to a similar job with equivalent pay.
If you are hired on a permanent contract in your new job, you must resign. You must submit your resignation by registered letter with acknowledgement of receipt.
You must respect a notice period the duration of which varies according to the duration of your contract. The period of notice is the period between the date of receipt of your request for resignation by your employer administration and the date of your actual departure.
The duration of your mobility leave is deducted from the duration of your contract to determine the duration of your notice.
FYI
You can benefit from several mobility leave during your career provided that you return to your duties at least 3 years between each leave.
You are appointed a probationary officer
If you are appointed a probationary officer, you can to apply for leave for the duration of your internship or education prior to your appointment to a job.
This leave shall be automatically renewed if these periods are extended.
This leave is not paid, but you receive the remuneration to which you are entitled as a probationary public servant.
If you become a permanent employee, your contract is automatically terminated without compensation or notice.
If, at the end of your internship, you are not tenured, you are reassigned to your previous position.
If this is not possible, you have priority to be assigned to a similar job with equivalent pay.
Please note
You can also apply for unpaid leave to prepare for a Public Service entrance examination.
You are recruited in the private sector or on a permanent contract by another public employer
If you are hired in the private sector or on a permanent contract by another public employer, you must resign.
You must submit your resignation by registered letter with acknowledgement of receipt.
You must respect a notice period the duration of which varies according to the duration of your contract. The period of notice is the period between the date of receipt of your request for resignation by your employer administration and the date of your actual departure.
If you're going to go into the private sector, you have to inform your administration.
The compatibility of your new private activity with your previous public sector functions is the subject of a examination.
You are made available to another employer
You can be made available, with your agreement, with another employer.
CSD
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You are recruited from the private sector or another public employer
No mobility device is provided.
If you are still on a trial period, you must inform your employer authority that you wish to terminate your contract. You have no no notice period to be observed.
If the trial period under your contract is completeWell, you have to resign.
You must submit your resignation by registered letter with acknowledgement of receipt.
You must respect a notice period the duration of which varies according to the duration of your contract. The period of notice is the period between the date of receipt of your request for resignation by your employer administration and the date of your actual departure.
If you are recruited from the private sector, you must inform your administration of your new business.
The compatibility of your new private activity with your previous public sector functions is the subject of a examination.
You are appointed a probationary officer
If you are appointed a probationary officer, you can to apply for leave for the duration of your internship or education prior to your appointment to a job.
This leave shall be automatically renewed if these periods are extended.
This leave is not paid, but you receive the remuneration to which you are entitled as a probationary official.
If you become a permanent employee, your contract is automatically terminated without compensation or notice.
If, at the end of your internship, you are not tenured, you are reassigned to your previous position for the remainder of your term.
If this is not possible, you have priority to be assigned to a similar job with equivalent pay.
Please note
You can also apply for unpaid leave to prepare for a Public Service entrance examination.
Articles 33-1 to 33-3
Articles 35-1 to 35-3
Articles 31-1 to 31-3