Ex officio secondment of an official (transfer of activity)
Verified 06 May 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Where the activities of an administration are transferred to a private body (company, association) or to a Epic: titleContent, an official carrying out that activity may be seconded ex officio to that body. We present the conditions of this secondment.
The conditions of secondment differ according to whether the official is employed in the State Civil Service (EPF), the Territorial Civil Service (FPT) or the Hospital Civil Service (FPH).
EPF
When an activity of a government administration is transferred to a private body (company, association) or to a Epic: titleContent, you may be automatically seconded to that body if you are an official and carry out the transferred activity.
If you work in a department whose activity is transferred to a private organization or to a Epic: titleContent and if your job is not included in the transfer, you are assigned to a vacancy corresponding to your grade.
If this is not possible, you can take advantage of the individual accompanying devices provided for staff whose posts are terminated.
Only one official incumbent may be automatically seconded.
You're detached on a permanent contract of employment during the duration of the contract between your home administration and the private body or to theEpic: titleContent
In case of renewal of the contract between your administration and the private organization or Epic, your secondment is automatically renewed for the duration of the new contract.
Initial detachment
You are informed by your administration, at least 3 months before the date of your secondment, your conditions of employment in the host organization and your remuneration.
Your administration communicates to you at least 8 days before your secondment date the proposal for an employment contract of indefinite duration within the host organization.
You are not subject to a trial period.
Before making your secondment, your administration shall verify that the proposed activity in the host organization is compatible with the functions you have performed over the last 3 years.
In the event of serious doubt, it shall seek the opinion of the ethics referent or to the High Authority for the Transparency of Public Life.
Your administration performs this verification without you having to make a request to it.
Your secondment is made by order of the minister to whom you report for the duration of the contract between your administration and the host organization.
Renewal of secondment
In case of renewal of the contract between your home administration and the same host organization, your administration will inform you of the renewal of your secondment at least 3 months before the end of the contract.
The renewal of your automatic secondment is ordered by order of the minister to whom you report for the duration of the contract linking your administration to the host organization.
If your administration enters into a new contract with another organization, your administration informs you of the renewal of your secondment at least 3 months before the end of the previous contract.
Your new host organization must draw up a new contract of employment incorporating the substantive clauses of the previous one, in particular those concerning your remuneration.
Your remuneration is equal to highest gross annual remuneration from the following 2 salaries:
- Gross remuneration received in the last 12 months prior to the date of your secondment (excluding reimbursement of expenses, overtime, one-off or one-off payments for a single cause and allowances for incidental activities)
- Or annual gross remuneration received by an employee with the same seniority and performing the same functions as you within the host organization or which he would receive according to the collective agreements or agreements applicable within that organization.
Services performed on secondment to the host organization shall be treated in the same way as actual services performed in your home organization.
These services are taken into account for your retirement as a public servant.
You contribute to the pension on the basis of your index salary in your home administration.
You are evaluated by your home administration on the basis of a report drawn up by your direct supervisor in the host organization.
This report, drawn up after an individual interview, is sent to you beforehand. You can comment on that.
Your official secondment may end at your request, at the end of the contract between your home administration and your host organization or by your dismissal by your host organization.
Termination of secondment at the request of the official
You can ask to end your secondment for the following reasons:
- You are assigned, at your request, to a vacancy in the public service (State, territorial or hospital). In this case, you must inform your host organization at least 1 month in advance.
- At your request, you will receive a detachment, a availability or a parental leave
- You resign and are removed from the executive ranks by your home administration. In this case, you have a voluntary severance pay from your home administration unless you are less than 2 years fromstatutory minimum retirement age.
- Your contract is terminated at your request or by mutual agreement with your host organization. In this case, you are placed on standby.
Termination of the contract between the home administration and the host organization
At the end of the contract between your home administration and the private organization orEpic: titleContent, and if you do not renew this contract or enter into a new contract, you can choose one of the following:
- Either be reintegrated into your original body, if necessary in excess
- Ask to be placed in detachment, in availability or parental leave
- Either resign. You are then removed from the frames and receive a voluntary severance pay from your home administration, unless you are less than 2 years fromstatutory minimum retirement age.
If no choice is made before the end of the contract between your home administration and the host organization, you are considered to have chosen to be reinstated in your original body.
Dismissal by the host organization
If you are dismissed by your host organization, you are reinstated in your home body, if necessary in excess.
The host organization shall inform your home administration of your dismissal 3 months before the effective date of your dismissal.
You are not entitled to no severance pay.
FPT
Where an activity of a territorial authority is transferred to a private body (company, association) or to a Epic: titleContent, you may be automatically seconded to that body if you are an official and carry out the transferred activity.
If you work in a department whose activity is transferred to a private organization or to a Epic: titleContent and if your job is not included in the transfer, you are assigned to a vacancy corresponding to your grade.
If this is not possible, you can take advantage of the individual accompanying devices provided for staff whose posts are terminated.
Only one official incumbent may be automatically seconded.
You're detached on a permanent contract of employment during the duration of the contract between your home community and the private organization or to theEpic: titleContent.
In the event of renewal of the contract between your community and the private organization or Épic, your secondment is automatically renewed for the duration of the new contract.
Initial detachment
You are informed by your community, at least 3 months before the date of your secondment, your conditions of employment in the host organization and your remuneration.
Your community communicates with you at least 8 days before your secondment date, the proposal for an employment contract of indefinite duration within the host organization.
You are not subject to a trial period.
Before you go on secondment, your community checks that the proposed activity in the host organization is consistent with the duties you have performed over the past 3 years.
In the event of serious doubt, it shall seek the opinion of the ethics referent or to the High Authority for the Transparency of Public Life.
Your community does this verification without you having to ask for it.
Your secondment is pronounced by the territorial authority to which you report for the duration of the contract linking your community to the host organization.
Renewal of secondment
In the event of a renewal of the contract between your home community and the same host organization, your community informs you of the renewal of your secondment at least 3 months before the end of the contract.
The renewal of your official secondment is ordered by the territorial authority to which you report for the duration of the contract linking your community to the host organization.
If your community enters into a new contract with another organization, your community informs you of the renewal of your secondment at least 3 months before the end of the previous contract.
Your new host organization must draw up a new employment contract incorporating the substantive clauses of the previous one, in particular those relating to your remuneration.
Your remuneration is equal to highest gross annual remuneration from the following 2 salaries:
- Gross remuneration received in the last 12 months prior to the date of your secondment (excluding reimbursement of expenses, overtime, one-off or one-off payments for a single cause and allowances for incidental activities)
- Or annual gross remuneration received by an employee with the same seniority and performing the same functions as you within the host organization or which he would receive according to the collective agreements or agreements applicable within that organization.
Services performed on secondment to the host organization shall be treated as actual services performed in your home employment.
These services are taken into account for your retirement as a public servant.
You contribute to retirement on the basis of your index salary in your home community.
You are assessed by your home community based on a report from your direct supervisor in the host organization.
This report, which is drawn up after an individual interview, is sent to you in advance and you can comment on it.
Your official secondment may end at your request, at the end of the contract between your home community and your host organization or by your dismissal by your host organization.
Termination of secondment at the request of the official
You can ask to end your secondment for the following reasons:
- You are assigned, at your request, to a vacancy in the public service (State, territorial or hospital). In this case, you must inform your host organization at least 1 month in advance.
- At your request, you will receive a detachment, a availability or a parental leave
- You resign and are removed from the executive ranks by your home community. In this case, you receive compensation from your home community unless you are less than 2 years fromstatutory minimum retirement age.
The amount of this allowance is equal to one twelfth of the annual gross remuneration you received during thecalendar year before your de-listing multiplied by the number of full years of effective service in the administration, up to a maximum of 24 times one twelfth of your annual gross remuneration.
Reimbursements of expenses, overtime, bonuses and allowances related to relocation, first assignment or geographical mobility, teaching or jury allowances and other allowances not directly related to your employment are not taken into account in the calculation of your annual gross remuneration.
The compensation is paid to you in one go. - Your contract is terminated at your request or by mutual agreement with your host organization. In this case, you are reinstated in your original employment framework, if necessary in excess for one year then eventually taken care of and paid by the CNFPT: titleContent or the management center under the same conditions as a official whose post is terminated.
Termination of the contract between the home community and the host organization
At the end of the contract between your home community and the private organization orEpic: titleContent, and if you do not renew this contract or enter into a new contract, you can choose one of the following:
- Either be reinstated in your original employment framework, if necessary in excess for one year and then eventually paid and supported by the CNFPT: titleContent or the management center under the same conditions as a official whose post is terminated
- Ask to be placed in detachment, in availability or parental leave
- Either resign. You are then removed from the executive and receive compensation unless you are less than 2 years from thestatutory minimum retirement age.
The amount of this allowance is equal to one twelfth of the annual gross remuneration you received during thecalendar year before your de-listing multiplied by the number of full years of effective service in the administration, up to a maximum of 24 times one twelfth of your annual gross remuneration.
Reimbursements of expenses, overtime, bonuses and allowances related to relocation, first assignment or geographical mobility, teaching or jury allowances and other allowances not directly related to your employment are not taken into account in the calculation of your annual gross remuneration.
The compensation is paid to you in one installment by your home community.
If no choice is made before the end of the contract between your home community and the host organization, you are considered to have chosen to be reinstated in your original employment.
Dismissal by the host organization
If you are dismissed by your host organization, you are reinstated in your original employment framework, if necessary in excess for one year then eventually taken care of and paid by the CNFPT: titleContent or the management center under the same conditions as a official whose post is terminated.
The host organization informs your home community of your dismissal 3 months before its effective date.
You are not entitled to no severance pay.
FPH
Where an activity of a public hospital is transferred to a private body (company, association) or to a Epic: titleContent, you may be automatically seconded to that body if you are an official and carry out the transferred activity.
If you work in a department whose activity is transferred to a private organization or to a Epic: titleContent and if your job is not included in the transfer, you are assigned to a vacancy corresponding to your grade.
If this is not possible, you can take advantage of the individual accompanying devices provided for staff whose posts are terminated.
Only one official incumbent may be automatically seconded.
You're detached on a permanent contract of employment during the duration of the contract between your home institution and the private body or theEpic: titleContent.
In case of renewal of the contract between your institution and the private organization or Epic, your secondment is automatically renewed for the duration of the new contract.
Initial detachment
You are informed by your institution, at least 3 months before the date of your secondment, your conditions of employment in the host organization and your remuneration.
Your establishment communicates to you at least 8 days before your secondment date, the proposal for an employment contract of indefinite duration within the host organization.
You are not subject to a trial period.
Before making your secondment, your institution shall verify that the proposed activity in the host organization is compatible with the functions you have performed over the last 3 years.
In the event of serious doubt, it shall seek the opinion of the ethics referent or to the High Authority for the Transparency of Public Life.
Your institution does this verification without you having to make a request.
Your secondment is pronounced by your head of establishment for the duration of the contract linking your establishment to the host organization.
Renewal of secondment
In the event of renewal of the contract between your home establishment and the same host organization, your establishment shall inform you of the renewal of your secondment at least 3 months before the end of the contract.
The renewal of your secondment is ordered by your head of establishment for the duration of the contract linking your establishment to the host organization.
If your institution enters into a new contract with another organization, your institution will inform you of the renewal of your secondment at least 3 months before the end of the previous contract.
Your new host organization must draw up a new employment contract incorporating the substantive clauses of the previous one, in particular those relating to your remuneration.
Your remuneration is equal to highest gross annual remuneration from the following 2 salaries:
- Gross remuneration received in the last 12 months prior to the date of your secondment (excluding reimbursement of expenses, overtime, one-off or one-off payments for a single cause and allowances for incidental activities)
- Or annual gross remuneration received by an employee with the same seniority and performing the same functions as you within the host organization or which he would receive according to the collective agreements or agreements applicable within that organization.
Services performed on secondment to the host organization shall be treated in the same way as actual services performed in your home organization.
These services are taken into account for your retirement as a public servant.
You contribute to the pension on the basis of your index salary in your home institution.
You are assessed by your home institution on the basis of a report drawn up by the authority to which you report in the host organization.
Your official secondment may end at your request, at the end of the contract between your home establishment and your host organization or by your dismissal by your host organization.
Termination of secondment at the request of the official
You can ask to end your secondment for the following reasons:
- You are assigned, at your request, to a vacancy in the public service (State, territorial or hospital). In this case, you must inform your host organization at least 1 month in advance.
- At your request, you will receive a detachment, a availability or a parental leave
- You resign and are removed from management by your home institution. In this case, you have a voluntary severance pay from your home institution unless you are less than 2 years from thestatutory minimum retirement age.
- Your contract is terminated at your request or by mutual agreement with your host organization. In this case, you are placed on standby.
Termination of the contract between the home establishment and the host organization
At the end of the contract between your home institution and the private body or theEpic: titleContent, and if you do not renew this contract or enter into a new contract, you can choose one of the following:
- Either be reintegrated into your original body, if necessary in excess
- Ask to be placed in detachment, in availability or parental leave
- Either resign. You are then removed from the frames and receive a voluntary severance pay, unless you are less than 2 years fromstatutory minimum retirement age. This allowance is paid to you by your home institution.
If no choice is made before the end of the contract between your home institution and the host organization, you are considered to have chosen to be reinstated in your original body.
Dismissal by the host organization
If you are dismissed by your host organization, you are reinstated in your home body, if necessary in excess.
The host organization shall inform your home institution of your dismissal 3 months before its effective date.
You are not entitled to no severance pay.