Resignation of an official or a member of the contract staff
Verified 26 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Are you a civil servant (trainee or incumbent) or a contract employee and you are considering resigning? We provide you with the information you need to know before you make your decision, whether it is the State Public Service (EPF) or the Territorial Public Service (FPT) or the Hospital Public Service (FPH).
EPF
What's the procedure for resigning?
Need for a written
You must resign in writing.
It is recommended that you submit your resignation by registered post with acknowledgement of receipt or by hand delivered letter against discharge to your line manager or HRD.
Your mail must express your unequivocal desire to permanently cease your duties.
The administration can ensure, for example during an interview, that you are aware and understand the statutory and financial implications of your decision.
In order for you to actually leave office, your resignation must be accepted by your employer administration.
Time limit for the employer's administration to reply
The decision of your employer administration must be taken within 4 months upon receipt of your request for resignation.
Your employer authority will notify you in writing of its decision.
There is no text setting the deadline in which you must submit your resignation before the desired date of termination of service. You should take into account the maximum response time of 4 months available to the administration.
FYI
If your employer authority refuses your resignation, you can enter the HEADING: titleContent. The CAP issues a reasoned opinion which it forwards to your employer administration.
Lack of response from your employer administration within 4 months of receiving your request to resign is not an implied decision acceptance or rejection of your resignation.
However, after this 4-month period, your demand of resignation is not more valuable. If you still wish to leave office, you must submit a new request for resignation.
Date of termination of service
The date of termination of service shall be set by your administration employer.
If you leave office before the date fixed by your employer's administrationHowever, you may be subject to disciplinary action.
Please note
If you are immediately entitled to a retirement pension, a deduction, corresponding to the services not performed, can be made on the amount of the 1ers payments of your pension. The amount of the deduction is limited to 1/5e the amount of your pension.
What are the consequences of resigning?
Once accepted by your employer administration, your resignation is irrevocable, that is, you can no longer reconsider your decision to resign. You can't change your mind.
Radiation
You are stripped of frames of the public service on the date of your leaving office.
If you want to work in the public service again, you will need to:
- Be re-admitted to a competition for admission to the public service
- Apply for a post in a grade which is accessible without competition, or
- Apply as a contractor.
Delivery of termination documents
There is no provision for a certificate of employment and a balance in any account. However, the issue of such documents may be requested.
Unemployment benefits
You are not entitled to unemployment benefits unless your resignation is considered as legitimate.
Retirement rights
You keep your pension rights with the state pension service if you have at least 2 years of public service as a civil servant.
If you have completed less than 2 years of public service as a public servant, your employer administration automatically reinstates you to the general plan. Periods completed in the public service will be taken into account by the Social Security Pension Insurance.
What's the procedure for resigning?
Need for a written
You must resign in writing at least 1 month before the desired date of termination of service.
It is recommended that you submit your resignation by registered post with acknowledgement of receipt or by hand delivered letter against discharge to your line manager or HRD.
Your mail must express your unequivocal desire to permanently cease your duties.
The administration can ensure, for example during an interview, that you are aware and understand the statutory and financial implications of your decision.
Acceptance by the employer's administration
In order for you to actually leave office, your resignation must be accepted by your employer administration.
Your employer authority will notify you in writing of its decision.
The date of your termination of office is set by your administration employer.
If your employer authority refuses your resignation, you can enter the HEADING: titleContent. The CAP issues a reasoned opinion which it forwards to your employer administration.
What are the consequences of resigning?
Once accepted by your employer administration, your resignation is irrevocable, that is, you can no longer reconsider your decision to resign. You can't change your mind.
Radiation
You are stripped of frames of the public service on the date of your leaving office.
If you want to work in the public service again, you will need to:
- Be re-admitted to a competition for admission to the public service
- Apply for a post in a grade which is accessible without competition
- Apply as a contractor.
Delivery of termination documents
There is no provision for a certificate of employment and a balance in any account. However, the issue of such documents may be requested.
Unemployment benefits
You are not entitled to unemployment benefits unless your resignation is considered as legitimate.
Retirement rights
You keep your pension rights with the state pension service if you have at least 2 years of public service as a civil servant.
If you have completed less than 2 years of public service as a public servant, your employer administration automatically reinstates you to the general plan. Periods completed in the public service will be taken into account by the Social Security Pension Insurance.
What's the procedure for resigning?
Need for a written
You must resign registered mail with acknowledgement of receipt.
Your mail must express your unequivocal desire to permanently cease your duties.
The administration can make sure, for example during an interview, that you know and understand the implications of your decision on your career and your remuneration.
Period of notice
You must respect a notice period, i.e. a period between the date of dispatch of your letter of resignation and the desired date of termination of service. This period varies according to your seniority:
Age of service | Period of notice |
|---|---|
Less than 6 months | 8 days |
6 months or more and less than 2 years | 1 month |
Equal to or greater than 2 years | 2 months |
The period of notice shall start on 1er the day following the day on which your employer administration received your registered letter of resignation. And your duties and payment of your remuneration shall expire at the end of the notice period.
Example :
If you are subject to a minimum of 2 months' notice and your employer administration receives your registered letter of resignation on September 25, the notice begins on September 26 and ends on November 25. You leave on the evening of November 26 and are paid until that date.
Taking into account seniority
Your seniority is counted until the date of sending your letter of resignation.
It is calculated taking into account all your contracts with your employer's administration.
In the case of discontinuous contracts, they are taken into account if the interruption between 2 contracts does not exceed 4 months and if it is not due to a previous resignation.
The following holidays are taken into account in the calculation of your seniority:
- Annual leave
- Accident at work Paid sick leave (including for occupational disease)
- Sick leave
- Paid maternity or adoption and paternity and childcare leave
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Leave for union training
- Training leave for youth leaders and youth workers
- Vocational training leave
- Representation leave
- Leave for training in occupational health and safety and medical prevention
- Leave to conduct a period of military training or in an operational, civil security or health reserve
Other leave shall not result in the loss of seniority acquired before it was granted.
FYI
If you plan not to return to your job at the end of a maternity or adoption leave, you must inform your employer authority at least 15 days in advance.
What are the consequences of resigning?
Radiation
You are de-staffing from your employer's administration on the date of your leaving office.
If you wish to work again in the public service at a later date, you must either be admitted to a competition for entry to the public service, or apply for a post in a grade which is accessible without competition, or apply again as a contractor.
No text lays down the conditions for acceptance or refusal of resignation by the administration.
The resignation is irrevocable, that is, you can no longer reconsider your decision to resign. You can't change your mind.
Delivery of termination documents
Your employer authority issues you a certificate which contains only the following information:
- Your recruitment date and the end date of your contract
- Your duties, the hierarchical category to which they belong and the length of time you have performed them
- Where applicable, periods of leave not regarded as periods of actual work.
Unemployment benefits
You are not entitled to unemployment benefits unless your resignation is considered as legitimate.
Vacation Pay
If you have not been able to benefit from all or part of your annual leave because of your employer's administration, due in particular to service requirements or for health reasons, you are entitled to an annual leave allowance.
The annual leave allowance shall be equal to 1/10e of the total gross remuneration you received during your period of employment, between 1er January and December 31 of the current year.
The allowance shall be proportional to the number of days of annual leave not taken.
The compensation is subject to the same conditions contributions than your usual remuneration.
The allowance may not be less than the amount of remuneration you would have received during the period of annual leave due and not taken.
FPT
What's the procedure for resigning?
Need for a written
You must resign in writing.
It is recommended that you submit your resignation by registered post with acknowledgement of receipt or by hand delivered letter against discharge to your line manager or HRD.
Your mail must express your unequivocal desire to permanently cease your duties.
The administration can ensure, for example during an interview, that you are aware and understand the statutory and financial implications of your decision.
Response time of the employer community
In order for you to actually leave office, your resignation must be accepted by your employer community.
The decision of your employer community must be made within one month upon receipt of your request for resignation.
Your employer community will provide you with a written decision.
There is no text setting the deadline in which you must submit your resignation before the desired date of termination of service. You should take into account the administration's maximum response time of one month.
FYI
If your employing community refuses your resignation, you can take the HEADING: titleContent. CAP issues a reasoned opinion and sends it to your employer community.
Lack of response from your employer community within one month of receiving your request to resign is not an implied decision acceptance or rejection of your resignation.
However, after this period of one month, your demand of resignation is not more valuable. If you still wish to leave office, you must submit a new request for resignation.
Date of termination of service
The date of your termination of office is set by your community employer.
If you leave before the date set by your employer communityHowever, you may be subject to disciplinary action.
Please note
If you are immediately entitled to a retirement pension, a deduction, corresponding to the services not performed, can be made on the amount of the 1ers payments of your pension. The amount of the deduction is limited to 1/5e the amount of your pension.
What are the consequences of resigning?
Once accepted by your employer community, your resignation is irrevocable, that is, you can no longer reconsider your decision to resign. You can't change your mind.
Radiation
You are stripped of frames of the public service on the date of your leaving office.
If you want to work in the public service again, you will need to:
- Be re-admitted to a competition for admission to the public service
- Apply for a post in a grade which is accessible without competition
- Apply as a contractor.
Delivery of termination documents
There is no provision for a certificate of employment and a balance in any account. However, the issue of such documents may be requested.
Unemployment benefits
You are not entitled to unemployment benefits unless your resignation is considered as legitimate.
Retirement rights
You keep your pension rights to the CNRACL: titleContent if you have accomplished at least 2 years of public service as a civil servant.
If you have completed less than 2 years of public service as a public servant, your employer community automatically reinstates you to the general plan. Periods completed in the public service will be taken into account by the Social Security Pension Insurance.
What's the procedure for resigning?
Need for a written
You must resign registered mail with acknowledgement of receipt.
Your mail must express your unequivocal desire to permanently cease your duties.
The administration can make sure, for example during an interview, that you know and understand the implications of your decision on your career and your remuneration.
Period of notice
You must respect a notice period, i.e. a period between the date of dispatch of your letter of resignation and the desired date of termination of service. This period varies according to your seniority:
Age of service | Period of notice |
|---|---|
Less than 6 months | 8 days |
6 months or more and less than 2 years | 1 month |
Equal to or greater than 2 years | 2 months |
The period of notice shall start on 1er the day following the day on which your employer community received your registered letter of resignation. And your duties and payment of your remuneration shall expire at the end of the notice period.
Example :
If you are subject to a minimum of 2 months' notice and your employer community receives your registered letter of resignation on September 25, the notice begins on September 26 and ends on November 25. You leave on the evening of November 26 and are paid until that date.
Taking into account seniority
Your seniority is counted until the date of sending your letter of resignation.
It is calculated by taking into account all your contracts with your employer community.
In the case of discontinuous contracts, they are taken into account if the interruption between 2 contracts does not exceed 4 months and if it is not due to a previous resignation.
The following holidays are taken into account in the calculation of your seniority:
- Annual leave
- Accident at work Paid sick leave (including for occupational disease)
- Sick leave
- Paid maternity or adoption and paternity and childcare leave
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Leave for union training
- Training leave for youth leaders and youth workers
- Vocational training leave
- Representation leave
- Leave for training in occupational health and safety and medical prevention
- Leave to conduct a period of military training or in an operational, civil security or health reserve
Other leave shall not result in the loss of seniority acquired before it was granted.
FYI
If you plan not to return to your job at the end of a maternity or adoption leave, you must inform your employer community at least 15 days in advance.
Administration Response
No text lays down the conditions for acceptance or refusal of resignation by the administration.
What are the consequences of resigning?
Radiation
You are de-staffing of your employer community on the date of your termination of service.
If you want to work in the public service again, you will need to:
- Be admitted to a competition for admission to the public service
- Apply for a post in a grade which is accessible without competition
- Apply again as a contractor.
The resignation is irrevocable, that is, you can no longer reconsider your decision to resign. You can't change your mind.
Delivery of termination documents
Your employer community issues you a certificate that contains only the following information:
- Your recruitment date and the end date of your contract
- Your duties, the hierarchical category to which they belong and the length of time you have performed them
- Where applicable, periods of leave not regarded as periods of actual work
Unemployment benefits
You are not entitled to unemployment benefits unless your resignation is considered as legitimate.
Vacation Pay
If you have not been able to benefit from all or part of your annual leave because of your employer community, due in particular to service requirements or for health reasons, you are entitled to an annual leave allowance.
The annual leave allowance shall be equal to 1/10e of the total gross remuneration you received during your period of employment, between 1er January and December 31 of the current year.
The allowance shall be proportional to the number of days of annual leave not taken.
The compensation is subject to the same conditions contributions than your usual remuneration.
The allowance may not be less than the amount of remuneration you would have received during the period of annual leave due and not taken.
FPH
What's the procedure for resigning?
Need for a written
You must resign in writing.
It is recommended that you submit your resignation by registered post with acknowledgement of receipt or by hand delivered letter against discharge to your line manager or HRD.
Your mail must express your unequivocal desire to permanently cease your duties.
The administration can ensure, for example during an interview, that you are aware and understand the statutory and financial implications of your decision.
There is no text setting the deadline in which you must submit your resignation before the desired date of termination of service.
Employer Institution Response
In order for you to actually leave office, your resignation must be accepted by your employer institution.
Your employing institution will notify you in writing of its decision.
There is no text setting the time limit within which your employer institution must inform you of its decision.
The date of your termination of office is set by your institution employer.
Once accepted by your employer institution, your resignation is irrevocable, that is, you can no longer reconsider your decision to resign. You can't change your mind.
FYI
If your employer authority refuses your resignation, you can enter the HEADING: titleContent. The CAP issues a reasoned opinion, which it forwards to your employer institution.
Lack of response from your employer institution is not an implied decision acceptance or rejection of your resignation.
However, after a reasonable period, your demand of resignation is not more valuable. If you still wish to leave office, you must submit a new request for resignation.
What are the consequences of resigning?
Radiation
You are stripped of frames of the public service on the date of your leaving office.
If you want to work in the public service again, you will need to:
- Be re-admitted to a competition for admission to the public service
- Apply for a post in a grade which is accessible without competition
- Apply as a contractor.
Delivery of termination documents
There is no provision for a certificate of employment and a balance in any account. However, the issue of such documents may be requested.
Unemployment benefits
You are not entitled to unemployment benefits unless your resignation is considered as legitimate.
Retirement rights
You keep your pension rights with the CNRACL: titleContent if you have accomplished at least 2 years of public service as a civil servant.
If you have completed less than 2 years of public service as a public servant, your employer institution automatically reinstates you to the general plan. Periods completed in the public service will be taken into account by the Social Security Pension Insurance.
What's the procedure for resigning?
Need for a written
You must resign in writing at least 1 month before the desired date of termination of service.
It is recommended that you submit your resignation by registered post with acknowledgement of receipt or by hand delivered letter against discharge to your line manager or HRD.
Your mail must express your unequivocal desire to permanently cease your duties.
The administration can ensure, for example during an interview, that you are aware and understand the statutory and financial implications of your decision.
Employer Institution Response
In order for you to actually leave office, your resignation must be accepted by your employer institution.
Your employer authority will notify you in writing of its decision.
The date of your termination of office is set by your institution employer.
Once accepted by your employer institution, your resignation is irrevocable, that is, you can no longer reconsider your decision to resign. You can't change your mind.
FYI
If your employer authority refuses your resignation, you can enter the HEADING: titleContent. The CAP issues a reasoned opinion, which it forwards to your employer institution.
What are the consequences of resigning?
Radiation
You are stripped of frames of the public service on the date of your leaving office.
If you want to work in the public service again, you will need to:
- Be re-admitted to a competition for admission to the public service
- Apply for a post in a grade which is accessible without competition
- Apply as a contractor.
Delivery of termination documents
There is no provision for a certificate of employment and a balance in any account. However, the issue of such documents may be requested.
Unemployment benefits
You are not entitled to unemployment benefits unless your resignation is considered as legitimate.
Retirement rights
You keep your pension rights with the CNRACL: titleContent if you have accomplished at least 2 years of public service as a civil servant.
If you have completed less than 2 years of public service as a public servant, your employer institution automatically reinstates you to the general plan. Periods completed in the public service will be taken into account by the Social Security Pension Insurance.
What's the procedure for resigning?
Need for a written
You must resign registered mail with acknowledgement of receipt.
Your mail must express your unequivocal desire to permanently cease your duties.
The administration can make sure, for example during an interview, that you know and understand the implications of your decision on your career and your remuneration.
Period of notice
You must respect a notice period, i.e. a period between the date of dispatch of your letter of resignation and the desired date of termination of service. This period varies according to your seniority:
Age of service | Period of notice |
|---|---|
Less than 6 months | 8 days |
6 months or more and less than 2 years | 1 month |
Equal to or greater than 2 years | 2 months |
The period of notice shall start on 1er the day following the day on which your employer administration received your registered letter of resignation. And your duties and payment of your remuneration shall expire at the end of the notice period.
Example :
If you are subject to a minimum of 2 months' notice and your employer administration receives your registered letter of resignation on September 25, the notice begins on September 26 and ends on November 25. You leave on the evening of November 26 and are paid until that date.
Taking into account seniority
Your seniority is counted until the date of sending your letter of resignation.
It is calculated taking into account all your contracts with your employer's administration.
In the case of discontinuous contracts, they are taken into account if the interruption between 2 contracts does not exceed 4 months and if it is not due to a previous resignation.
The following holidays are taken into account in the calculation of your seniority:
- Annual leave
- Accident at work Paid sick leave (including for occupational disease)
- Sick leave
- Paid maternity or adoption and paternity and childcare leave
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Leave for union training
- Training leave for youth leaders and youth workers
- Vocational training leave
- Representation leave
- Leave for training in occupational health and safety and medical prevention
- Leave to conduct a period of military training or in an operational, civil security or health reserve
Other leave shall not result in the loss of seniority acquired before it was granted.
FYI
If you plan not to return to your job at the end of a maternity or adoption leave, you must inform your employer authority at least 15 days in advance.
What are the consequences of resigning?
Radiation
You are de-staffing of your employing establishment on the date of your leaving the service.
If you wish to work again in the public service at a later date, you must either be admitted to a competition for entry to the public service, or apply for a post in a grade which is accessible without competition, or apply again as a contractor.
No text lays down the conditions for acceptance or refusal of resignation by the administration.
The resignation is irrevocable, that is, you can no longer reconsider your decision to resign. You can't change your mind.
Delivery of termination documents
Your employer authority issues you a certificate which contains only the following information:
- Your recruitment date and the end date of your contract
- Your duties, the hierarchical category to which they belong and the length of time you have performed them
- Where applicable, periods of leave not regarded as periods of actual work.
Unemployment benefits
You are not entitled to unemployment benefits unless your resignation is considered as legitimate.
Vacation Pay
If you have not been able to benefit from all or part of your annual leave because of your employer's administration, due in particular to service requirements or for health reasons, you are entitled to an annual leave allowance.
The annual leave allowance shall be equal to 1/10e of the total gross remuneration you received during your period of employment, between 1er January and December 31 of the current year.
The allowance shall be proportional to the number of days of annual leave not taken.
The compensation is subject to the same conditions contributions than your usual remuneration.
The allowance may not be less than the amount of remuneration you would have received during the period of annual leave due and not taken.
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