Dismissal of an official  - State Civil Service (EPF)

Verified 11 octobre 2021 - Directorate for Legal and Administrative Information (Prime Minister)

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  • Full official
  • State civil service
  • Dismissal for incompetence
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An official may be dismissed for professional incompetence after obtaining the opinion of the Disciplinary Board.

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.

The administration shall inform the staff member that he may, if he so wishes, consult his individual file or the documents on which it relies to consider his dismissal.

The dismissal decision may be the subject, within 2 months of the date of its notification of a ex gratia and/or hierarchical appeal and/or a litigation before the administrative court.

In the case of an ex gratia or hierarchical appeal, the 2-month period for bringing proceedings before the administrative court is suspended until the administration has notified its decision.

A dismissed official shall be entitled to severance pay.

Its amount is calculated according to the following formula:

[(last gross index salary + residence allowance + family salary supplement) x 75%] x number of years of pensionable service (up to 15 years)

The amounts of index salary, residence allowance and SFT taken into account are those in force at the time of dismissal.

The severance pay shall be paid in monthly installments equal to the maximum of the last gross salary received by the official.

A dismissed staff member may receive unemployment benefits if he completes compensation requirements.