Dismissal of an official - EPF
Verified 14 novembre 2023 - Directorate for Legal and Administrative Information (Prime Minister)
You may be dismissed for incompetence.
Incompetence shall consist in the inability to perform the duties corresponding to a grade in relation to the capacities which the administration is entitled to expect from an official of that grade.
Dismissal for professional incompetence shall take place after consultation of the Disciplinary Board.
You are entitled to full disclosure of your individual file and all related documents on which your employer administration relies to consider your dismissal.
The administration must inform you of this right.
You shall be summoned by the Chairman of the Disciplinary Board at least 15 days before the date of the meeting by registered letter with acknowledgement of receipt.
You can make written or oral submissions to the Disciplinary Board and summon witnesses.
You may be assisted by one or more defenders of your choice.
You are entitled to severance pay unless you meet the conditions to be entitled to a full-rate pension or in case of gross negligence.
Its amount is calculated according to the following formula:
[(Gross index treatment of the last month of activity + Residence allowance + Family salary supplement) x 3 / 4] x Number of years of service valid for retirement (up to 15 years)
The amounts of the index salary, the residence allowance and the family salary supplement taken into account are those in force at the time of dismissal.
The severance pay is paid in monthly installments equal to the maximum of the last gross salary you received.
The severance pay is contributory and taxable on income.
You are entitled to unemployment benefits (return to employment assistance allowance - ARE).
Consultation of the FPH's CAPs in the event of dismissal for incompetence
Dismissal of probationary territorial official
Dismissal of probationary hospital official
Dismissal of the official on lay-off after 3 refusal of job offer
Articles L542-19, L542-21 to L542-24: Dismissal of the territorial official in charge
Articles L544-4, L544-6: Dismissal of territorial official on functional employment
Final termination of the official's duties
Dismissal of the official
Dismissal of the contractor in the event of a transfer of activities