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Dismissal of an official
Verified 14 November 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Are you a public servant looking for information on dismissal in the public service? The grounds for dismissal vary according to the public service (State - FPE, territorial - FPT, hospital - FPH) and according to whether the official is a trainee or a permanent employee.
We will provide you with this information.
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EPF
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Refusal of post(s) after sick leave
You are dismissed if you refuse, without valid reason related to your state of health, the position(s) proposed after a sick leave, one long sick leave or a long-term leave..
The dismissal shall be pronounced after consultation with the HEADING: titleContent.
You are not entitled to any severance pay.
You are entitled to unemployment benefits (return to employment assistance allowance - ARE).
Refusal of position(s) at the end of an availability
You are fired if you refuse to be reinstated in 1re vacancy in your original body and assigned to a post corresponding to your grade at the end of an availability granted for one of the following reasons:
- Raising a child under the age of 12
- Providing care to a dependent child, your spouse or partner Civil partnerships: titleContent, to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Follow your Civil partnership or partner who has to move for business reasons
You are terminated if you refuse 3 positions at the end of a given availability for one of the following reasons:
- Personal Suitability
- Create or resume a company
- Studies or research of general interest
The dismissal shall be pronounced after consultation with the HEADING: titleContent.
You are not entitled to any severance pay.
You are entitled to unemployment benefits (return to employment assistance allowance - ARE).
Occupational failure
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).
Abandonment of post
You're fired if you quit your job.
The abandonment of a position is characterized by an unjustified and prolonged absence from your work station and by the fact that you do not respond to a demand from your employer administration to resume your duties.
The abandonment of a position constitutes a breach of duty to serve.
When you place yourself in a position of abandonment, you are considered to deliberately waive the guarantees related to your status.
Your dismissal may therefore be ordered without disciplinary proceedings being initiated.
The administration is not subject to the mandatory formalities provided for in the case of disciplinary proceedings: prior interview, consultation of the Disciplinary Board, etc.
You take an unjustified absence when you leave your workstation without prior authorization and without providing proof of absence (e.g. a doctor's work stoppage).
Absence should be complete and prolonged.
Some absences cannot constitute a vacancy abandonment, including the following:
- Delay, even several hours
- Unjustified absence during the day, even for several hours
- Day of unjustified absence preceded and followed by working days
- Frequent repetition of such absences
Such conduct may, however, constitute disciplinary misconduct and justify a disciplinary sanction.
Your employer's administration must give you notice to return to duty within an appropriate period.
The formal notice shall take the form of a registered letter with acknowledgement of receipt or delivered by hand.
By this letter, the administration orders you to resume your service before a deadline and informs you that you risk dismissal without prior disciplinary procedure.
If you do not report to your workstation within the specified time and do not provide proof of your absence, the administration may consider that you have broken the link with the service.
She can then pronounce your dismissal.
You are not entitled to any severance pay.
You are not entitled to unemployment benefits (return to employment assistance allowance - ARE).
If you resume your absence without providing valid proof of your absence, you may be subject to disciplinary proceedings and withholding of pay for the period of unjustified absence.
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Permanent physical incapacity
You are fired if you are recognized by the medical advice if you are permanently and absolutely unable to resume your duties at the end of a sick leave and if you are not a permanent member of another institution body or framework of uses.
Reminder
If the illness makes it impossible for you to carry out your duties, you may be placed, depending on your situation, in sick leave, in long-term sick leave (LSW), in long-term leave (CLD) or, for a maximum period of 5 years, in leave for temporary invalidity attributable to service (Citis).
If you are unable to resume your duties at the end of a medical leave, you can be placed on leave without pay for a maximum of 1 year renewable 2 times.
You are not entitled to any severance pay.
You are entitled to unemployment benefits (return to employment assistance allowance - ARE).
If you are a permanent member of another corps or post, your secondment for an internship is terminated and you are reinstated in your home administration and placed in disability pension.
You are entitled to an annuity from the administration which employed you as a probationary official if your physical incapacity occurs after one of the following holidays:
- Sick leave due to injury or illness acquired or aggravated in service
- Sick leave
- Leave for temporary invalidity attributable to service
The rate of disability used to calculate your pension is determined by the medical council.
The amount of the pension shall be fixed under the same conditions as for an employee covered by the general social security scheme.
Occupational failure
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 may take place if you have completed at least half of the normal probationary period.
The administration must inform you that you have the right to consult your individual file or the documents on which it relies to consider his dismissal.
The dismissal shall be pronounced after consultation with the HEADING: titleContent, unless your professional competence is to be assessed by a jury.
You are not entitled to any severance pay.
You are entitled to unemployment benefits (return to employment assistance allowance - ARE).
When you are a permanent member of another corps or post, your secondment for an internship is terminated and you are reinstated in your home administration.
Abandonment of post
You're fired if you quit your job.
The abandonment of a position is characterized by an unjustified and prolonged absence from your work station and by the fact that you do not respond to a demand from your employer administration to resume your duties.
The abandonment of a position constitutes a breach of duty to serve.
When you place yourself in a position of abandonment, you are considered to deliberately waive the guarantees related to your status.
Your dismissal may therefore be ordered without disciplinary proceedings being initiated.
The administration is not subject to the mandatory formalities provided for in the case of disciplinary proceedings: prior interview, consultation of the Disciplinary Board, etc.
You take an unjustified absence when you leave your workstation without prior authorization and without providing proof of absence (e.g. a doctor's work stoppage).
Absence should be complete and prolonged.
Some absences cannot constitute a vacancy abandonment, including the following:
- Delay, even several hours
- Unjustified absence during the day, even for several hours
- Day of unjustified absence preceded and followed by working days
- Frequent repetition of such absences
Such conduct may, however, constitute disciplinary misconduct and justify a disciplinary sanction.
Your employer's administration must give you notice to return to duty within an appropriate period.
The formal notice shall take the form of a registered letter with acknowledgement of receipt or delivered by hand.
By this letter, the administration orders you to resume your service before a deadline and informs you that you risk dismissal without prior disciplinary procedure.
If you do not report to your workstation within the specified time and do not provide proof of your absence, the administration may consider that you have broken the link with the service.
She can then pronounce your dismissal.
You are not entitled to any severance pay.
You are not entitled to unemployment benefits (return to employment assistance allowance - ARE).
If you resume your absence without providing valid proof of your absence, you may be subject to disciplinary proceedings and withholding of pay for the period of unjustified absence.
FPT
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Refusal of post(s) after sick leave
You are dismissed if you refuse, without valid reason related to your state of health, the position offered after a sick leave, one long sick leave or a long-term leave..
The dismissal shall be pronounced after consultation with the HEADING: titleContent.
You are not entitled to any severance pay.
You are entitled to unemployment benefits (return to employment assistance allowance - ARE).
Absence of vacant post at the end of a posting to a functional post
You can apply to be dismissed if your employer administration terminates your secondment to a functional job and if it does not have a vacancy corresponding to your grade.
The functional posts concerned are as follows:
- Director General of Services, Deputy Director General of Departments and Regions
- Director-General of Services, Deputy Director-General of Services of Municipalities with more than 2,000 inhabitants
- Director-General of Technical Services, Director of Technical Services of Municipalities with more than 10,000 inhabitants
- Director-General, Deputy Director-General of Public Institutions of Intercommunal Cooperation with Clean Taxation of More Than 10,000 Inhabitants
- Director-General for Technical Services of Public Intercommunal Cooperation Institutions with Clean Taxation of More Than 10,000 Inhabitants
- Director-General, Deputy Director-General of certain public establishments, Director-General, Deputy Director-General and Director of Delegation of CNFPT: titleContent
- Director-General and Deputy Director-General of the Paris, Lyon or Marseille Borough Council
- Departmental Director, Deputy Departmental Director of Fire and Rescue Services
You are entitled to severance pay.
You must submit your request for dismissal within one month of the last day of the month in which you were notified of the decision terminating your employment.
The amount of your severance pay is equal to 1 month's salary per year of actual service.
The amount of your allowance is increased by 10% if you are at least 50 years old.
The amount of your allowance may not be less than one year or more than two years of salary.
The services considered for the calculation of your allowance are full-time services performed in the territorial public service.
Services performed on a non-full-time or part-time basis shall be taken into account for their actual duration.
Any other service, civilian or military, is not considered.
The month of pay that forms the basis for calculating your allowance is your last monthly index salary net of, plus, the residence allowance, if you are receiving this salary supplement.
The severance pay is contributory and taxable on income.
You are entitled to unemployment benefits (return to employment assistance allowance - ARE).
Refusal of positions at the end of an availability
You are dismissed if you refuse 3 positions corresponding to your grade at the end of an availability.
The dismissal shall be pronounced after consultation with the HEADING: titleContent.
You are not entitled to any severance pay.
You are entitled to unemployment benefits (return to employment assistance allowance - ARE).
Dismissal during or at the end of support by the CNFPT or a management center
When supported by your Management Center or by the CNFPT: titleContent, you are terminated in the following situations:
- You have declined multiple job offers for your rank, full-time or non-full-time depending on the nature of your original job (only one offer from your home community or institution is included in this count)
- You have repeatedly and seriously failed to comply with your obligations as an official in charge, in particular with the follow-up and reclassification actions implemented by your management center or the CNFPT
- You have reached the end of your period of care and have not found a job matching your rank
You are supported by your management center or the NCTF in the following situations:
- Your job has been deleted and you could not be reclassified to another job (in this case, you are dismissed after 3 job refusals)
- You could not be reinstated in a position corresponding to your rank at the end of a detachment of long duration or of availability (in this case, you are dismissed after 3 job offers have been rejected)
- You asked to be taken into care because your employer's administration ended your secondment to a functional job (managerial job) and did not have a job corresponding to your grade (in this case, you are dismissed after 3 refusals of job offer)
- Your position has been terminated due to a delegation of service to a business dealer or farmer and you have refused to be seconded to the beneficiary of this delegation for a job similar to your previous job (in this case, you are dismissed after 2 refusals of job offer)
You are covered by the NCTF if you are a member of one of the following job managers:
- Administrators
- Chief Engineers
- Heritage Conservators
- Library custodians
- Professional Fire Fighters Design and Leadership Job Framework
In other cases, you are supported by your management center.
Your support lasts up to 10 years.
The job offers you are offered must be firm and precise. They must take the form of a proposal for employment which includes details of the nature of the employment and remuneration.
Positions offered must match your previous duties or those defined in the specific status of your job manager.
You are not entitled to any severance pay.
You are entitled to unemployment benefits (return to employment assistance allowance - ARE).
Occupational failure
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 contributory and taxable on income.
You are entitled to unemployment benefits (return to employment assistance allowance - ARE).
Refusal by a non-full-time official to change his working hours
If you are a non-full-time civil servant employed on one or more jobs for a total weekly working time of less than 17.30 hours, you are dismissed in one of the following cases:
- You are rejecting an increase or decrease of at least 10% the number of hours worked per week in your job or in one of your non-full-time jobs and your reclassification to another job in the same community is not possible
- Your job is being terminated and you cannot be redeployed to another job in the same community
The reclassification must be done in a non-full-time job with equivalent working time to your previous job and the same hierarchical category.
If this is not possible, the reclassification can be done on a lower hierarchical category job with your agreement.
The offer of reclassification must be written and precise.
The proposed job must be compatible with your professional skills.
You are entitled to severance pay unless you meet the conditions to be entitled to a full-rate pension.
The amount of your severance pay is equal to 1 month's salary per year of actual service.
The amount of your allowance is increased by 10% if you are at least 50 years old.
The amount of your allowance may not be less than 1 month or more than 18 months of salary.
The services included in the calculation of your allowance are services performed on a non-full-time basis in the territorial public service.
If you hold one or more other full-time jobs, only the services performed in the transformed or deleted job are taken into account in determining the amount of your allowance.
Services performed on a non-full-time basis shall be taken into account for their actual duration.
Any other service, civilian or military, is not considered.
The index salary taken into account is the last net monthly index salary you received and as it would have been paid if you had been employed full time, plus the residence allowance, if you receive this salary supplement.
The severance pay is subject to contribution and taxable on income.
It will be paid in full to you within 3 months of the day on which you requested it.
You are entitled to unemployment benefits (return to employment assistance allowance - ARE).
Non-full-time staff member not reinstated upon end of availability
If you are a non-full-time civil servant employed on one or more jobs for a total weekly working time of less than 17.30 hours, you are dismissed if you cannot be reinstated at the end of an automatic or family reasons.
This applies if you are unable to return to your original job(s) or to one or more vacant or created jobs corresponding to your grade.
You are entitled to severance pay unless you meet the conditions to be entitled to a full-rate pension.
The amount of your severance pay is equal to 1 month's salary per year of actual service.
The amount of your allowance is increased by 10% if you are at least 50 years old.
The amount of your allowance may not be less than 1 month or more than 18 months of salary.
The services included in the calculation of your allowance are services performed on a non-full-time basis in the territorial public service.
If you are reinstated on one or more other full-time jobs, only the services performed in the job lost are taken into account in determining the amount of your allowance.
Services performed on a non-full-time basis shall be taken into account for their actual duration.
Any other service, civilian or military, is not considered.
The index salary taken into account is the last net monthly index salary you received and as it would have been paid if you had been employed full time, plus the residence allowance, if you receive this salary supplement.
The severance pay is contributory and taxable on income.
You are entitled to unemployment benefits (return to employment assistance allowance - ARE).
Permanent physical incapacity of a non-full-time official
If you are a non-full-time civil servant and fall under the general social security scheme, you are dismissed if you are permanently physically unfit for the performance of your duties and if you cannot be reclassified.
You are covered by the general social security scheme if you work one or more non-full-time jobs for a total weekly working time of less than 28 hours.
Incompetence may occur at the end of a sick leave, a leave of absence due to serious illness, a accident at work leave for occupational disease or at the end of an automatic availability for health reasons.
You are entitled to severance pay.
The allowance is equal to one-half of your monthly index salary for each of your first 12 years of service and one-third of your monthly index salary for each of the following years.
However, the amount of the allowance cannot be more than 12 times the amount of your monthly index salary.
If you have the minimum retirement age, the amount of your severance pay is reduced by 1.67% per month of services beyond that age.
The monthly index salary taken into account is the last net monthly salary you received and as it would have been paid if you had been receiving full-time, increased, residence allowance, if you are receiving this salary supplement.
The services included in the calculation of your allowance are services performed on a non-full-time basis in the territorial public service.
Any other service, civilian or military, is not considered.
Any fraction of services equal to or greater than 6 months is counted for 1 year. Any fraction of services less than 6 months is not considered.
The severance pay is contributory and taxable on income.
You are entitled to unemployment benefits (return to employment assistance allowance - ARE).
Abandonment of post
You're fired if you quit your job.
The abandonment of a position is characterized by an unjustified and prolonged absence from your work station and by the fact that you do not respond to a demand from your employer administration to resume your duties.
The abandonment of a position constitutes a breach of duty to serve.
When you place yourself in a position of abandonment, you are considered to deliberately waive the guarantees related to your status.
Your dismissal may therefore be ordered without disciplinary proceedings being initiated.
The administration is not subject to the mandatory formalities provided for in the case of disciplinary proceedings: prior interview, consultation of the Disciplinary Board, etc.
You take an unjustified absence when you leave your workstation without prior authorization and without providing proof of absence (e.g. a doctor's work stoppage).
Absence should be complete and prolonged.
Some absences cannot constitute a vacancy abandonment, including the following:
- Delay, even several hours
- Unjustified absence during the day, even for several hours
- Day of unjustified absence preceded and followed by working days
- Frequent repetition of such absences
Such conduct may, however, constitute disciplinary misconduct and justify a disciplinary sanction.
Your employer's administration must give you notice to return to duty within an appropriate period.
The formal notice shall take the form of a registered letter with acknowledgement of receipt or delivered by hand.
By this letter, the administration orders you to resume your service before a deadline and informs you that you risk dismissal without prior disciplinary procedure.
If you do not report to your workstation within the specified time and do not provide proof of your absence, the administration may consider that you have broken the link with the service.
She can then pronounce your dismissal.
You are not entitled to any severance pay.
You are not entitled to unemployment benefits (return to employment assistance allowance - ARE).
If you resume your absence without providing valid proof of your absence, you may be subject to disciplinary proceedings and withholding of pay for the period of unjustified absence.
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Permanent physical incapacity
You are fired if you are recognized by the medical advice in the absolute and definitive impossibility of resuming your duties and if you do not hold office in another body or framework of uses.
Reminder
If the illness makes it impossible for you to carry out your duties, you may be placed, depending on your situation, in sick leave, in long-term sick leave (LSW), in long-term leave (CLD) or, for a maximum period of 5 years, in leave for temporary invalidity attributable to service (Citis).
If you are unable to resume your duties at the end of a medical leave, you can be placed on leave without pay for a maximum of 1 year renewable 2 times.
You are not entitled to any severance pay.
You are entitled to unemployment benefits (return to employment assistance allowance - ARE).
If you are a permanent member of another corps or post, your secondment for an internship is terminated and you are reinstated in your home administration and placed in disability pension.
You are entitled to an annuity from the administration which employed you as a probationary official if your physical incapacity arises as a result of disabilities resulting from injuries or illnesses contracted in service.
The rate of disability used to calculate your pension is determined by the medical council.
The amount of the pension shall be fixed under the same conditions as for an employee covered by the general social security scheme.
Occupational failure
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 may take place if you have completed at least half of the normal probationary period.
The administration must inform you that you have the right to consult your individual file or the documents on which it relies to consider his dismissal.
The dismissal shall be pronounced after consultation with the HEADING: titleContent.
You are not entitled to any severance pay.
You are entitled to unemployment benefits (return to employment assistance allowance - ARE).
When you are a permanent member of another corps or post, your secondment for an internship is terminated and you are reinstated in your home administration.
Abandonment of post
You're fired if you quit your job.
The abandonment of a position is characterized by an unjustified and prolonged absence from your work station and by the fact that you do not respond to a demand from your employer administration to resume your duties.
The abandonment of a position constitutes a breach of duty to serve.
When you place yourself in a position of abandonment, you are considered to deliberately waive the guarantees related to your status.
Your dismissal may therefore be ordered without disciplinary proceedings being initiated.
The administration is not subject to the mandatory formalities provided for in the case of disciplinary proceedings: prior interview, consultation of the Disciplinary Board, etc.
You take an unjustified absence when you leave your workstation without prior authorization and without providing proof of absence (e.g. a doctor's work stoppage).
Absence should be complete and prolonged.
Some absences cannot constitute a vacancy abandonment, including the following:
- Delay, even several hours
- Unjustified absence during the day, even for several hours
- Day of unjustified absence preceded and followed by working days
- Frequent repetition of such absences
Such conduct may, however, constitute disciplinary misconduct and justify a disciplinary sanction.
Your employer's administration must give you notice to return to duty within an appropriate period.
The formal notice shall take the form of a registered letter with acknowledgement of receipt or delivered by hand.
By this letter, the administration orders you to resume your service before a deadline and informs you that you risk dismissal without prior disciplinary procedure.
If you do not report to your workstation within the specified time and do not provide proof of your absence, the administration may consider that you have broken the link with the service.
She can then pronounce your dismissal.
You are not entitled to any severance pay.
You are not entitled to unemployment benefits (return to employment assistance allowance - ARE).
If you resume your absence without providing valid proof of your absence, you may be subject to disciplinary proceedings and withholding of pay for the period of unjustified absence.
FPH
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Refusal of position(s) at the end of an availability
You are dismissed if you refuse 3 positions corresponding to your grade at the end of an availability.
The dismissal shall be pronounced after consultation with the HEADING: titleContent.
You are not entitled to any severance pay.
You are entitled to unemployment benefits (return to employment assistance allowance - ARE).
Occupational failure
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 for 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 treatment supplement) x 3 / 4] x Number of years of pensionable service (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).
Permanent physical incapacity of a non-full-time official
If you are a non-full-time civil servant and fall under the general social security scheme, you are dismissed if you are permanently physically unfit for the performance of your duties and if you cannot be reclassified.
You are covered by the general social security scheme if you work one or more non-full-time jobs for a total weekly working time of less than 28 hours.
Incompetence may occur at the end of a sick leave, a leave of absence due to serious illness, a accident at work leave for occupational disease or at the end of an automatic availability for health reasons.
You are entitled to severance pay.
The allowance is equal to one-half of your monthly index salary for each of your first 12 years of service and one-third of your monthly index salary for each of the following years.
However, the amount of the allowance cannot be more than 12 times the amount of your monthly index salary.
If you have the minimum retirement age, the amount of your severance pay is reduced by 1.67% per month of services beyond that age.
The monthly index salary taken into account is the last net monthly salary you received and as it would have been paid if you had been receiving full-time, increased, residence allowance, if you are receiving this salary supplement.
The services included in the calculation of your allowance are services performed on a non-full-time basis in the hospital public service.
Any other service, civilian or military, is not considered.
Any fraction of services equal to or greater than 6 months is counted for 1 year. Any fraction of services less than 6 months is not considered.
The severance pay is contributory and taxable on income.
You are entitled to unemployment benefits (return to employment assistance allowance - ARE).
Abandonment of post
You're fired if you quit your job.
The abandonment of a position is characterized by an unjustified and prolonged absence from your work station and by the fact that you do not respond to a demand from your employer administration to resume your duties.
The abandonment of a position constitutes a breach of duty to serve.
When you place yourself in a position of abandonment, you are considered to deliberately waive the guarantees related to your status.
Your dismissal may therefore be ordered without disciplinary proceedings being initiated.
The administration is not subject to the mandatory formalities provided for in the case of disciplinary proceedings: prior interview, consultation of the Disciplinary Board, etc.
You take an unjustified absence when you leave your workstation without prior authorization and without providing proof of absence (e.g. a doctor's work stoppage).
Absence should be complete and prolonged.
Some absences cannot constitute a vacancy abandonment, including the following:
- Delay, even several hours
- Unjustified absence during the day, even for several hours
- Day of unjustified absence preceded and followed by working days
- Frequent repetition of such absences
Such conduct may, however, constitute disciplinary misconduct and justify a disciplinary sanction.
Your employer's administration must give you notice to return to duty within an appropriate period.
The formal notice shall take the form of a registered letter with acknowledgement of receipt or delivered by hand.
By this letter, the administration orders you to resume your service before a deadline and informs you that you risk dismissal without prior disciplinary procedure.
If you do not report to your workstation within the specified time and do not provide proof of your absence, the administration may consider that you have broken the link with the service.
She can then pronounce your dismissal.
You are not entitled to any severance pay.
You are not entitled to unemployment benefits (return to employment assistance allowance - ARE).
If you resume your absence without providing valid proof of your absence, you may be subject to disciplinary proceedings and withholding of pay for the period of unjustified absence.
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Permanent physical incapacity
You are fired if you are recognized by the medical advice in the absolute and definitive impossibility of resuming your duties and if you do not hold office in another body or framework of uses.
Reminder
If the illness makes it impossible for you to carry out your duties, you may be placed, depending on your situation, in sick leave, in long-term sick leave (LSW), in long-term leave (CLD) or, for a maximum period of 5 years, in leave for temporary invalidity attributable to service (Citis).
If you are unable to resume your duties at the end of a medical leave, you can be placed on leave without pay for a maximum of 1 year renewable 3 times.
You are not entitled to any severance pay.
You are entitled to unemployment benefits (return to employment assistance allowance - ARE).
If you are a permanent member of another corps or post, your secondment for an internship is terminated and you are reinstated in your home administration and placed in disability pension.
You are entitled to an annuity from the administration which employed you as a probationary official if your physical incapacity arises as a result of disabilities resulting from injuries or illnesses contracted in service.
The rate of disability used to calculate your pension is determined by the medical council.
The amount of the pension shall be fixed under the same conditions as for an employee covered by the general social security scheme.
Occupational failure
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 may take place if you have completed at least half of the normal probationary period.
The administration must inform you that you have the right to consult your individual file or the documents on which it relies to consider his dismissal.
The dismissal shall be pronounced after consultation with the HEADING: titleContent, except where your professional competence is to be assessed by a jury.
You are not entitled to any severance pay.
You are entitled to unemployment benefits (return to employment assistance allowance - ARE).
When you are a permanent member of another corps or post, your secondment for an internship is terminated and you are reinstated in your home administration.
Abandonment of post
You're fired if you quit your job.
The abandonment of a position is characterized by an unjustified and prolonged absence from your work station and by the fact that you do not respond to a demand from your employer administration to resume your duties.
The abandonment of a position constitutes a breach of duty to serve.
When you place yourself in a position of abandonment, you are considered to deliberately waive the guarantees related to your status.
Your dismissal may therefore be ordered without disciplinary proceedings being initiated.
The administration is not subject to the mandatory formalities provided for in the case of disciplinary proceedings: prior interview, consultation of the Disciplinary Board, etc.
You take an unjustified absence when you leave your workstation without prior authorization and without providing proof of absence (e.g. a doctor's work stoppage).
Absence should be complete and prolonged.
Some absences cannot constitute a vacancy abandonment, including the following:
- Delay, even several hours
- Unjustified absence during the day, even for several hours
- Day of unjustified absence preceded and followed by working days
- Frequent repetition of such absences
Such conduct may, however, constitute disciplinary misconduct and justify a disciplinary sanction.
Your employer's administration must give you notice to return to duty within an appropriate period.
The formal notice shall take the form of a registered letter with acknowledgement of receipt or delivered by hand.
By this letter, the administration orders you to resume your service before a deadline and informs you that you risk dismissal without prior disciplinary procedure.
If you do not report to your workstation within the specified time and do not provide proof of your absence, the administration may consider that you have broken the link with the service.
She can then pronounce your dismissal.
You are not entitled to any severance pay.
You are not entitled to unemployment benefits (return to employment assistance allowance - ARE).
If you resume your absence without providing valid proof of your absence, you may be subject to disciplinary proceedings and withholding of pay for the period of unjustified absence.
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