Dismissal of a public service contractor
Verified 25 October 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Are you a contract employee in the public service and are being dismissed? We present the applicable procedure according to the public service in which you practice (State - FPE, territorial - FPT, hospital - FPH) and according to the reason for your dismissal.
Dismissal may occur as a result of serious misconduct in the exercise or in connection with the exercise of your duties. In this case, it is a question of disciplinary sanction delivered after obtaining the opinion of the CCP: titleContent sitting in the Disciplinary Board.
Dismissal may take place in the event of permanent physical incapacity when your reclassification on a job adapted to your state of health and compatible with your professional skills is not possible.
Dismissal may also take place for the following reasons in particular:
- Removing your job
- Transformation of your employment and refusal to modify a substantial element of your contract
- Recruiting a public servant on your job
- Cannot be re-employed at the end of unpaid leave
- Occupational failure
- Transfer of activity.
EPF
You can be dismissed if the need or the job that justified your recruitment in CSD: titleContent or DTA: titleContent on a permanent employment.
Your dismissal can only be pronounced if your reclassification to another job is not possible.
What is the procedure for dismissing the contractor if his job is terminated?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
The interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and the deadline for submitting your written request for reclassification.
It also tells you the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
The CPC must be consulted prior to the pre-interview if you have a trade union activity.
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during 3 days leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following any of these 4 holidays.
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can justify your situation by sending a certificate from theAse: titleContent within 15 days of notification of the dismissal.
In these 2 cases, the dismissal is canceled. The dismissal procedure will be re-launched at the end of the 10-week period following your leave.
This protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption (e.g. disciplinary misconduct).
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter specifies the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
This letter also invites you to submit a written request for reclassification on another job and indicates the conditions under which reclassification offers can be sent to you.
Reclassification procedure
You must apply for reclassification to another job within a period that varies according to your seniority :
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a similar job hierarchical category than your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification must be written and precise. And the proposed job must be compatible with your professional skills.
If no reclassification can be offered to you before the end of the notice, you are placed, at the end of the notice, in unpaid leave for up to 3 months.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
Duration of notice
The length of notice varies according to your seniority:
Your seniority is calculated up to the date the letter of notification of the dismissal is sent.
It is calculated taking into account all your contracts, including in the case of interruption between 2 contracts if the interruption did not exceed 4 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
The notice shall commence on the date of submission of the letter of termination.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
Is the contractor entitled to compensation in the event of dismissal for termination of employment?
You are entitled to severance pay unless you are in one of the following situations:
- You have reached the minimum retirement age and you're entitled to a full-rate pension
- You are a seconded civil servant as a contractor
- You immediately find a similar job in one of the three public services or in a business of mixed economy.
Amount of compensation
The severance pay shall be equal to:
- TO half of the last net remuneration that you received during the calendar month before the end date of your contract for each of your first 12 years of service
- At third party of the same remuneration for each of the following years.
If you were on a fixed-term contract, the number of years taken into account cannot exceed the number of months remaining until the scheduled end date of your contract.
The amount of severance pay may not exceed 12 times the remuneration on which it is based.
If you perceive family treatment supplement and overtime allowances, these 2 elements of pay are not taken into account in the remuneration used as the basis for calculating the severance pay.
If you work part-time, the severance pay is calculated on the basis of your full-time remuneration.
If you are on sick leave and no longer receive your full salary or if you are on leave without pay, the index salary used to calculate severance pay is your last full salary.
If you have the minimum retirement age without justifying the number of quarters required to qualify for a full-rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.
Seniority calculation
Your seniority is counted from the date your contract was originally concluded until the effective date of your termination, taking into account your remaining annual leave entitlements and the duration of the notice period.
If you have had more than one CSD successive without interruption with the same employer administration, the initial date taken into account is the start date of your 1er contract. The same is true in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
Any period of part-time work shall be counted in proportion to the amount of work carried out.
Any portion of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not considered.
Payment of compensation
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContent and is taxable on income.
Is the contractor entitled to compensation for annual leave in the event of dismissal for termination of employment?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The allowance shall be equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
Is the contractor entitled to unemployment benefits in the event of dismissal for termination of employment?
You can benefit from the return-to-work assistance allowance if you qualify.
Under what circumstances can a contractor be dismissed?
You can be dismissed in the event of a change in the need or employment which justified your recruitment on a permanent employment, when your adaptation to the new need is not possible.
In the event of a change in the need or the job that justified your recruitment, the administration may propose a change to a substantial element of your contract, such as your working hours or a change of place of work.
They may also propose a change to your duties provided that they remain compatible with your professional qualification.
You can be dismissed in the event of a refusal to amend a substantial part of your contract.
In the event that a substantial modification of your contract is proposed to you, the modification is sent to you by registered letter with acknowledgement of receipt or by letter delivered by hand against signature.
This letter tells you that you have one month from its receipt to make your decision known.
In the absence of a reply within one month, the proposed amendment shall be deemed to have been rejected.
Your dismissal can only be pronounced if your reclassification to another job is not possible.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
The interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and the deadline for submitting your written request for reclassification.
It also tells you the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place front pre-maintenance if you have a trade union activity.
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during 3 days leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following any of these 4 holidays.
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can justify your situation by sending a certificate from theAse: titleContent within 15 days of notification of the dismissal.
In these 2 cases, the dismissal is canceled. The dismissal procedure will be re-launched at the end of the 10-week period following your leave.
This protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption (e.g. disciplinary misconduct).
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter specifies the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
This letter also invites you to submit a written request for reclassification on another job and indicates the conditions under which reclassification offers can be sent to you.
Reclassification procedure
You must apply for reclassification to another job within a period that varies according to your seniority :
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a similar job hierarchical category than your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification must be written and precise. And the proposed job must be compatible with your professional skills.
If no reclassification can be offered to you before the end of the notice, you are placed, at the end of the notice, in unpaid leave for up to 3 months.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
Duration of notice
The length of notice varies according to your seniority:
Your seniority is calculated up to the date the letter of notification of the dismissal is sent.
It is calculated taking into account all your contracts, including in the case of interruption between 2 contracts if the interruption did not exceed 4 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
The notice shall commence on the date of submission of the letter of termination.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
Is the staff member entitled to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You have reached the minimum retirement age and you're entitled to a full-rate pension
- You are a seconded civil servant as a contractor
- You immediately find a similar job in one of the three public services or in a business of mixed economy.
Amount of compensation
The severance pay shall be equal to:
- TO half of the last net remuneration that you received during the calendar month before the end date of your contract for each of your first 12 years of service
- At third party of the same remuneration for each of the following years.
If you were on a fixed-term contract, the number of years taken into account cannot exceed the number of months remaining until the scheduled end date of your contract.
The amount of severance pay may not exceed 12 times the remuneration on which it is based.
If you perceive family treatment supplement and overtime allowances, these 2 elements of pay are not taken into account in the remuneration used as the basis for calculating the severance pay.
If you work part-time, the severance pay is calculated on the basis of your full-time remuneration.
If you are on sick leave and no longer receive your full salary or if you are on leave without pay, the index salary used to calculate severance pay is your last full salary.
If you have the minimum retirement age without justifying the number of quarters required to qualify for a full-rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.
Seniority calculation
Your seniority is counted from the date your contract was originally concluded until the effective date of your termination, taking into account your remaining annual leave entitlements and the duration of the notice period.
If you have had more than one CSD successive without interruption with the same employer administration, the initial date taken into account is the start date of your 1er contract. The same is true in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
Any period of part-time work shall be counted in proportion to the amount of work carried out.
Any portion of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not considered.
Payment of compensation
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContent and is taxable on income.
Is the staff member entitled to an allowance in lieu of annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The allowance shall be equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
Is the agent entitled to unemployment benefits?
You can benefit from the return-to-work assistance allowance if you qualify.
You may be dismissed if an official is recruited on your permanent employment.
Your dismissal can only be pronounced if your reclassification to another job is not possible.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
The interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and the deadline for submitting your written request for reclassification.
It also tells you the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place front pre-maintenance if you have a trade union activity.
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during 3 days leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following any of these 4 holidays.
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can justify your situation by sending a certificate from theAse: titleContent within 15 days of notification of the dismissal.
In these 2 cases, the dismissal is canceled. The dismissal procedure will be re-launched at the end of the 10-week period following your leave.
This protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption (e.g. disciplinary misconduct).
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter specifies the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
This letter also invites you to submit a written request for reclassification on another job and indicates the conditions under which reclassification offers can be sent to you.
Reclassification procedure
You must apply for reclassification to another job within a period that varies according to your seniority :
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a similar job hierarchical category than your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification must be written and precise. And the proposed job must be compatible with your professional skills.
If no reclassification can be offered to you before the end of the notice, you are placed, at the end of the notice, in unpaid leave for up to 3 months.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
Duration of notice
The length of notice varies according to your seniority:
Your seniority is calculated up to the date the letter of notification of the dismissal is sent.
It is calculated taking into account all your contracts, including in the case of interruption between 2 contracts if the interruption did not exceed 4 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
The notice shall commence on the date of submission of the letter of termination.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
Is the staff member entitled to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You have reached the minimum retirement age and you're entitled to a full-rate pension
- You are a seconded civil servant as a contractor
- You immediately find a similar job in one of the three public services or in a business of mixed economy.
Amount of compensation
The severance pay shall be equal to:
- TO half of the last net remuneration that you received during the calendar month before the end date of your contract for each of your first 12 years of service
- At third party of the same remuneration for each of the following years.
If you were on a fixed-term contract, the number of years taken into account cannot exceed the number of months remaining until the scheduled end date of your contract.
The amount of severance pay may not exceed 12 times the remuneration on which it is based.
If you perceive family treatment supplement and overtime allowances, these 2 elements of pay are not taken into account in the remuneration used as the basis for calculating the severance pay.
If you work part-time, the severance pay is calculated on the basis of your full-time remuneration.
If you are on sick leave and no longer receive your full salary or if you are on leave without pay, the index salary used to calculate severance pay is your last full salary.
If you have the minimum retirement age without justifying the number of quarters required to qualify for a full-rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.
Seniority calculation
Your seniority is counted from the date your contract was originally concluded until the effective date of your termination, taking into account your remaining annual leave entitlements and the duration of the notice period.
If you have had more than one CSD successive without interruption with the same employer administration, the initial date taken into account is the start date of your 1er contract. The same is true in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
Any period of part-time work shall be counted in proportion to the amount of work carried out.
Any portion of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not considered.
Payment of compensation
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContent and is taxable on income.
Is the staff member entitled to an allowance in lieu of annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The allowance shall be equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
Is the agent entitled to unemployment benefits?
You can benefit from the return-to-work assistance allowance if you qualify.
Under what circumstances can the contractor be dismissed?
You may be terminated if your administration cannot re-employ you on your previous job or on a similar job with equivalent pay at the end of unpaid leave.
This can happen at the end of one of the following holidays:
- Unpaid sick leave
- Family Solidarity Leave
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Parental leave
- Caregiver leave
- Leave for family reasons
- Leave for personal reasons
- Leave to create or resume a company
- Reserve leave
- Mobility leave
- Leave to complete a preparatory cycle for a competition for access to a public post or a probationary period or a period of schooling prior to appointment to a public post.
What is the procedure for dismissal in the event of re-employment that is not possible at the end of unpaid leave?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
The interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place front pre-maintenance if you have a trade union activity.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter specifies the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
Duration of notice
The length of notice varies according to your seniority:
Your seniority is calculated up to the date the letter of notification of the dismissal is sent.
It is calculated taking into account all your contracts, including in the case of interruption between 2 contracts if the interruption did not exceed 4 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
The notice shall commence on the date of submission of the letter of termination.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
Is the contractor entitled to severance pay for re-employment which cannot be paid at the end of unpaid leave?
You are entitled to severance pay unless you are in one of the following situations:
- You have reached the minimum retirement age and you're entitled to a full-rate pension
- You are a seconded civil servant as a contractor
- You immediately find a similar job in one of the three public services or in a business of mixed economy.
Amount of compensation
The severance pay shall be equal to:
- TO half of the last net remuneration which you have received for each of your first 12 years of service
- At third party of the same remuneration for each of the following years.
If you were on a fixed-term contract, the number of years taken into account cannot exceed the number of months remaining until the scheduled end date of your contract.
The amount of severance pay may not exceed 12 times the remuneration on which it is based.
If you perceived the family treatment supplement and overtime allowances, these 2 elements of pay are not taken into account in the remuneration used as the basis for calculating the severance pay.
If you worked part-time, the severance pay is calculated on the basis of your full-time remuneration.
If you have the minimum retirement age without justifying the number of quarters required to qualify for a full-rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.
Seniority calculation
Your seniority is counted from the date your contract was originally concluded until the effective date of your termination, taking into account your remaining annual leave entitlements and the duration of the notice period.
If you have had more than one CSD successive without interruption with the same employer administration, the initial date taken into account is the start date of your 1er contract. The same is true in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
Any period of part-time work shall be counted in proportion to the amount of work carried out.
Any portion of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not considered.
Payment of compensation
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContent and is taxable on income.
Is the contractor entitled to an allowance in lieu of annual leave in the event of dismissal for re-employment which is impossible at the end of unpaid leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The allowance shall be equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
Is the staff member entitled to unemployment benefit on dismissal for re-employment which is impossible at the end of unpaid leave?
You can benefit from the return-to-work assistance allowance if you qualify.
You can be fired if you are unprofessional.
Occupational insufficiency is characterized byinability of a staff member to perform his duties normally for which he was hired.
Incompetence can be characterized in particular by the lack of rigor in the execution of tasks, the slowness and mediocrity of the work carried out, the inability to work as a team, etc.
What is the procedure for dismissal for incompetence of a contractor?
Submission of the individual file
The administration informs you that you can request the full communication of your individual file.
You can also request any document on which the administration bases its decision, even if it is not on your individual file.
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
This letter indicates the subject of the summons.
The interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the interview, the administration will inform you of the reason for your dismissal.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
The CPC must be consulted prior to the pre-interview if you have a trade union activity.
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during 3 days leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following any of these 4 holidays.
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can justify your situation by sending a certificate from theAse: titleContent within 15 days of notification of the dismissal.
In these 2 cases, the dismissal is canceled. The dismissal procedure will be re-launched at the end of the 10-week period following your leave.
This protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption (e.g. disciplinary misconduct).
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter specifies the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
Duration of notice
The length of notice varies according to your seniority:
Your seniority is calculated up to the date the letter of notification of the dismissal is sent.
It is calculated taking into account all your contracts, including in the case of interruption between 2 contracts if the interruption did not exceed 4 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
The notice shall commence on the date of submission of the letter of termination.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
Is the contractor entitled to severance pay in the event of professional incompetence?
You are entitled to severance pay unless you are in one of the following situations:
- You have reached the minimum retirement age and you're entitled to a full-rate pension
- You are a seconded civil servant as a contractor
- You immediately find a similar job in one of the three public services or in a business of mixed economy.
Amount of compensation
The severance pay shall be equal to:
- One-quarter of last net remuneration that you received during the calendar month before the end date of your contract for each of your first 12 years of service
- 1/6e of the same remuneration for each of the following years.
If you were on a fixed-term contract, the number of years taken into account cannot exceed the number of months remaining until the scheduled end date of your contract.
The amount of severance pay may not exceed 12 times the remuneration on which it is based.
If you perceive family treatment supplement and overtime allowances, these 2 elements of pay are not taken into account in the remuneration used as the basis for calculating the severance pay.
If you work part-time, the severance pay is calculated on the basis of your full-time remuneration.
If you are on sick leave and no longer receive your full salary or if you are on leave without pay, the index salary used to calculate severance pay is your last full salary.
If you have the minimum retirement age without justifying the number of quarters required to qualify for a full-rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.
Seniority calculation
Your seniority is counted from the date your contract was originally concluded until the effective date of your termination, taking into account your remaining annual leave entitlements and the duration of the notice period.
If you have had more than one CSD successive without interruption with the same employer administration, the initial date taken into account is the start date of your 1er contract. The same is true in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
Any period of part-time work shall be counted in proportion to the amount of work carried out.
Any portion of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not considered.
Payment of compensation
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContent and is taxable on income.
Is the contractor entitled to compensation for annual leave in the event of dismissal for incompetence?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The allowance shall be equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment for a contractor dismissed for incompetence?
You can take advantage of unemployment benefits if you qualify.
In what case can the agent be dismissed?
You may be terminated if you refuse the contract offered to you when transferring an activity.
When the activity carried out by your employer administration is taken over by another public administration, the new public employer offers you a fixed-term or indefinite contract, depending on whether you are on a fixed-term or a fixed-term contract.
The contract proposed to you includes the substantive clauses of your previous contract, in particular those concerning your remuneration, unless a law, decree or the general conditions of remuneration and employment of the new public employer contain provisions to the contrary.
Services performed within your home employer administration are treated as services performed within the host employer administration.
If you refuse the contract offered to you by the new public employer, your refusal will automatically result in the termination of your current contract.
The new public employer who resumes the activity must pay you a severance pay.
Likewise, if you are under the authority of a minister other than the one who recruited you, because of a transfer of competences between 2 ministerial departments or public authorities, the ministerial department or the host public authority offers you a contract incorporating the substantive clauses of your previous contract, unless a law or decree contains provisions to the contrary.
If you are on a DTA, only one DTA can be offered.
Services performed within your home department are treated as services performed within the host department.
If you refuse the contract offered to you, your refusal automatically results in the end of your current contract.
The ministerial department or host public authority must pay you a severance pay.
Is the staff member entitled to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You have reached the minimum retirement age and you're entitled to a full-rate pension
- You are a seconded civil servant as a contractor
- You immediately find a similar job in one of the three public services or in a business of mixed economy.
Amount of compensation
The severance pay shall be equal to:
- to half of the last net remuneration that you received during the calendar month before the end date of your contract for each of your first 12 years of service
- to third party of the same remuneration for each of the following years.
If you were on a fixed-term contract, the number of years taken into account cannot exceed the number of months remaining until the scheduled end date of your contract.
The amount of severance pay may not exceed 12 times the remuneration on which it is based.
If you perceive family treatment supplement and overtime allowances, these 2 elements of pay are not taken into account in the remuneration used as the basis for calculating the severance pay.
If you work part-time, the severance pay is calculated on the basis of your full-time remuneration.
If you are on sick leave and no longer receive your full salary or if you are on leave without pay, the index salary used to calculate severance pay is your last full salary.
If you have the minimum retirement age without justifying the number of quarters required to qualify for a full-rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.
Seniority calculation
Your seniority is counted from the date your contract was originally concluded until the effective date of your termination, taking into account your remaining annual leave entitlements and the duration of the notice period.
If you have had more than one CSD successive without interruption with the same employer administration, the initial date taken into account is the start date of your 1er contract. The same is true in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
Any period of part-time work shall be counted in proportion to the amount of work carried out.
Any portion of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not considered.
Payment of compensation
The severance pay is paid in one go.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContent and is taxable on income.
Is the staff member entitled to an allowance in lieu of annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The allowance shall be equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
Is the agent entitled to unemployment benefits?
You can benefit from the return-to-work assistance allowance if you qualify.
FPT
You can be dismissed if the need for employment disappears or if the job that justified your recruitment in CSD: titleContent or DTA: titleContent on a permanent employment.
Your dismissal can only be pronounced if your reclassification to another job is not possible.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
The interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and the deadline for submitting your written request for reclassification.
It also tells you the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
The CPC must be consulted prior to the pre-interview if you have a trade union activity.
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during 3 days leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following any of these 4 holidays.
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, you can justify the existence of an ongoing adoption procedure and request an adoption leave within 15 days of the notification of the dismissal.
In these 2 cases, the dismissal is canceled. The dismissal procedure will be re-launched at the end of the 10-week period following your leave.
This protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption (e.g. disciplinary misconduct).
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter specifies the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
This letter also invites you to submit a written request for reclassification on another job and indicates the conditions under which reclassification offers can be sent to you.
Reclassification procedure
You must apply for reclassification to another job within a period that varies according to your seniority :
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a similar job hierarchical category than your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification must be written and precise. And the proposed job must be compatible with your professional skills.
If no reclassification can be offered to you before the end of the notice, you are placed, at the end of the notice, in unpaid leave for up to 3 months.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
Duration of notice
The length of notice varies according to your seniority:
These durations are doubled if you are disabled, beneficiary of the obligation to employ and if you have previously declared recognition of your disability to your employer administration within a sufficient period of time.
Your seniority is calculated up to the date the letter of notification of the dismissal is sent.
It is calculated taking into account all your contracts, including in the case of interruption between 2 contracts if the interruption did not exceed 4 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
The notice shall commence on the date of submission of the letter of termination.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
Is the staff member entitled to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You have reached the minimum retirement age and you're entitled to a full-rate pension
- You are a civil servant on secondment as a contractor, on standby or off-duty
- You immediately find a similar job in one of the three public services or in a business of mixed economy.
Amount of compensation
The severance pay shall be equal to:
- TO half of the last net remuneration that you received during the calendar month before the end date of your contract for each of your first 12 years of service
- At third party of the same remuneration for each of the following years.
If you were on a fixed-term contract, the number of years taken into account cannot exceed the number of months remaining until the scheduled end date of your contract.
The amount of severance pay may not exceed 12 times the remuneration on which it is based.
If you perceive family treatment supplement and overtime allowances, these 2 elements of pay are not taken into account in the remuneration used as the basis for calculating the severance pay.
If you work part-time, the severance pay is calculated on the basis of your full-time remuneration.
If you are on sick leave on half-salary or leave without pay, the index salary used to calculate severance pay is your last full salary.
If you have the minimum retirement age without justifying the number of quarters required to qualify for a full-rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.
Seniority calculation
Your seniority is counted from the date your contract was originally concluded until the effective date of your termination, taking into account your remaining annual leave entitlements and the duration of the notice period.
If you have had more than one CSD successive without interruption with the same employer administration, the initial date taken into account is the start date of your 1er contract. The same is true in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
Any period of part-time work shall be counted in proportion to the amount of work carried out.
Any portion of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not considered.
Payment of compensation
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContent and is taxable on income.
Is the staff member entitled to an allowance in lieu of annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The allowance shall be equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
Is the agent entitled to unemployment benefits?
You can benefit from the return-to-work assistance allowance if you qualify.
Under what circumstances can a contractor be dismissed?
You can be dismissed in the event of a change in the need or employment which justified your recruitment on a permanent employment, when your adaptation to the new need is not possible.
In the event of a change in the need or the job that justified your recruitment, the administration may propose a change to a substantial element of your contract, such as your working hours or a change of place of work.
They may also propose a change to your duties provided that they remain compatible with your professional qualification.
You can be dismissed in the event of a refusal to amend a substantial part of your contract.
In the event that a substantial modification of your contract is proposed to you, the modification is sent to you by registered letter with acknowledgement of receipt or by letter delivered by hand against signature.
This letter tells you that you have one month from its receipt to make your decision known and informs you of the consequences of your silence.
In the absence of a reply within one month, the proposed amendment shall be deemed to have been rejected.
Your dismissal can only be pronounced if your reclassification to another job is not possible.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
The interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and the deadline for submitting your written request for reclassification.
It also tells you the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place front pre-maintenance if you have a trade union activity.
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during 3 days leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following any of these 4 holidays.
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, you can justify the existence of an ongoing adoption procedure and request an adoption leave within 15 days of the notification of the dismissal.
In these 2 cases, the dismissal is canceled. The dismissal procedure will be re-launched at the end of the 10-week period following your leave.
This protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption (e.g. disciplinary misconduct).
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter specifies the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
This letter also invites you to submit a written request for reclassification on another job and indicates the conditions under which reclassification offers can be sent to you.
Reclassification procedure
You must apply for reclassification to another job within a period that varies according to your seniority :
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a similar job hierarchical category than your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification must be written and precise. And the proposed job must be compatible with your professional skills.
If no reclassification can be offered before the end of the notice period, you will be placed on leave without pay for up to 3 months at the end of the notice period.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
Duration of notice
The length of notice varies according to your seniority:
These durations are doubled if you are disabled, beneficiary of the obligation to employ and if you have previously declared recognition of your disability to your employer administration within a sufficient period of time.
Your seniority is calculated up to the date the letter of notification of the dismissal is sent.
It is calculated taking into account all your contracts, including in the case of interruption between 2 contracts if the interruption did not exceed 4 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
The notice shall commence on the date of submission of the letter of termination.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
Is the staff member entitled to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You have reached the minimum retirement age and you're entitled to a full-rate pension
- You are a civil servant on secondment as a contractor, on standby or off-duty
- You immediately find a similar job in one of the three public services or in a business of mixed economy.
Amount of compensation
The severance pay shall be equal to:
- TO half of the last net remuneration that you received during the calendar month before the end date of your contract for each of your first 12 years of service
- At third party of the same remuneration for each of the following years.
If you were on a fixed-term contract, the number of years taken into account cannot exceed the number of months remaining until the scheduled end date of your contract.
The amount of severance pay may not exceed 12 times the remuneration on which it is based.
If you perceive family treatment supplement and overtime allowances, these 2 elements of pay are not taken into account in the remuneration used as the basis for calculating the severance pay.
If you work part-time, the severance pay is calculated on the basis of your full-time remuneration.
If you are on sick leave on half-salary or leave without pay, the index salary used to calculate severance pay is your last full salary.
If you have the minimum retirement age without justifying the number of quarters required to qualify for a full-rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.
Seniority calculation
Your seniority is counted from the date your contract was originally concluded until the effective date of your termination, taking into account your remaining annual leave entitlements and the duration of the notice period.
If you have had more than one CSD successive without interruption with the same employer administration, the initial date taken into account is the start date of your 1er contract. The same is true in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
Any period of part-time work shall be counted in proportion to the amount of work carried out.
Any portion of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not considered.
Payment of compensation
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContent and is taxable on income.
Is the staff member entitled to an allowance in lieu of annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The allowance shall be equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
Is the agent entitled to unemployment benefits?
You can benefit from the return-to-work assistance allowance if you qualify.
You may be dismissed if an official is recruited on your permanent employment.
Your dismissal can only be pronounced if your reclassification to another job is not possible.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
The interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and the deadline for submitting your written request for reclassification.
It also tells you the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place front pre-maintenance if you have a trade union activity.
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during 3 days leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following any of these 4 holidays.
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, you can justify the existence of an ongoing adoption procedure and request an adoption leave within 15 days of the notification of the dismissal.
In these 2 cases, the dismissal is canceled. The dismissal procedure will be re-launched at the end of the 10-week period following your leave.
This protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption (e.g. disciplinary misconduct).
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter specifies the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
This letter also invites you to submit a written request for reclassification on another job and indicates the conditions under which reclassification offers can be sent to you.
Reclassification procedure
You must apply for reclassification to another job within a period that varies according to your seniority :
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a similar job hierarchical category than your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification must be written and precise. And the proposed job must be compatible with your professional skills.
If no reclassification can be offered to you before the end of the notice, you are placed, at the end of the notice, in unpaid leave for up to 3 months.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
Duration of notice
The length of notice varies according to your seniority:
These durations are doubled if you are disabled, beneficiary of the obligation to employ and if you have previously declared recognition of your disability to your employer administration within a sufficient period of time.
Your seniority is calculated up to the date the letter of notification of the dismissal is sent.
It is calculated taking into account all your contracts, including in the case of interruption between 2 contracts if the interruption did not exceed 4 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
The notice shall commence on the date of submission of the letter of termination.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
Is the staff member entitled to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You have reached the minimum retirement age and you're entitled to a full-rate pension
- You are a civil servant on secondment as a contractor, on standby or off-duty
- You immediately find a similar job in one of the three public services or in a business of mixed economy.
Amount of compensation
The severance pay shall be equal to:
- TO half of the last net remuneration that you received during the calendar month before the end date of your contract for each of your first 12 years of service
- At third party of the same remuneration for each of the following years.
If you were on a fixed-term contract, the number of years taken into account cannot exceed the number of months remaining until the scheduled end date of your contract.
The amount of severance pay may not exceed 12 times the remuneration on which it is based.
If you perceive family treatment supplement and overtime allowances, these 2 elements of pay are not taken into account in the remuneration used as the basis for calculating the severance pay.
If you work part-time, the severance pay is calculated on the basis of your full-time remuneration.
If you are on sick leave on half-salary or leave without pay, the index salary used to calculate severance pay is your last full salary.
If you have the minimum retirement age without justifying the number of quarters required to qualify for a full-rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.
Seniority calculation
Your seniority is counted from the date your contract was originally concluded until the effective date of your termination, taking into account your remaining annual leave entitlements and the duration of the notice period.
If you have had more than one CSD successive without interruption with the same employer administration, the initial date taken into account is the start date of your 1er contract. The same is true in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
Any period of part-time work shall be counted in proportion to the amount of work carried out.
Any portion of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not considered.
Payment of compensation
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContent and is taxable on income.
Is the staff member entitled to an allowance in lieu of annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The allowance shall be equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
Is the agent entitled to unemployment benefits?
You can benefit from the return-to-work assistance allowance if you qualify.
Under what circumstances can the contractor be dismissed?
You may be terminated if your administration cannot re-employ you on your previous job or on a similar job with equivalent pay at the end of unpaid leave.
This can happen at the end of one of the following holidays:
- Unpaid sick leave
- Family Solidarity Leave
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Parental leave
- Caregiver leave
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave
- Leave to complete a preparatory cycle for a competition for access to a public post or a probationary period or a period of schooling prior to appointment to a public post.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
The interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
The CPC must be consulted prior to the pre-interview if you have a trade union activity.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter specifies the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
Duration of notice
The length of notice varies according to your seniority:
These durations are doubled if you are disabled, beneficiary of the obligation to employ and if you have previously declared recognition of your disability to your employer administration within a sufficient period of time.
Your seniority is calculated up to the date the letter of notification of the dismissal is sent.
It is calculated taking into account all your contracts, including in the case of interruption between 2 contracts if the interruption did not exceed 4 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
The notice shall commence on the date of submission of the letter of termination.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
Is the staff member entitled to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You have reached the minimum retirement age and you're entitled to a full-rate pension
- You are a civil servant on secondment as a contractor, on standby or off-duty
- You immediately find a similar job in one of the three public services or in a business of mixed economy.
Amount of compensation
The severance pay shall be equal to:
- TO half of the last net remuneration which you have received for each of your first 12 years of service
- At third party of the same remuneration for each of the following years.
If you were on a fixed-term contract, the number of years taken into account cannot exceed the number of months remaining until the scheduled end date of your contract.
The amount of severance pay may not exceed 12 times the remuneration on which it is based.
If you perceived the family treatment supplement and overtime allowances, these 2 elements of pay are not taken into account in the remuneration used as the basis for calculating the severance pay.
If you worked part-time, the severance pay is calculated on the basis of your full-time remuneration.
If you have the minimum retirement age without justifying the number of quarters required to qualify for a full-rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.
Seniority calculation
Your seniority is counted from the date your contract was originally concluded until the effective date of your termination, taking into account your remaining annual leave entitlements and the duration of the notice period.
If you have had more than one CSD successive without interruption with the same employer administration, the initial date taken into account is the start date of your 1er contract. The same is true in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
Any period of part-time work shall be counted in proportion to the amount of work carried out.
Any portion of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not considered.
Payment of compensation
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContent and is taxable on income.
Is the staff member entitled to an allowance in lieu of annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The allowance shall be equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
Is the agent entitled to unemployment benefits?
You can benefit from the return-to-work assistance allowance if you qualify.
You can be fired if you are unprofessional.
Occupational insufficiency is characterized by the inability of a staff member to perform his duties normally for which he was hired.
Incompetence can be characterized in particular by the lack of rigor in the execution of tasks, the slowness and mediocrity of the work carried out, the inability to work as a team, etc.
What is the procedure for dismissal for incompetence of a contractor?
Submission of the individual file
The administration informs you that you can request the full communication of your individual file.
You can also request any document on which the administration bases its decision, even if it is not on your individual file.
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
This letter indicates the subject of the summons.
The interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the interview, the administration will inform you of the reason for your dismissal.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place front pre-maintenance if you have a trade union activity.
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during 3 days leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following any of these 4 holidays.
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, you can justify the existence of an ongoing adoption procedure and request an adoption leave within 15 days of the notification of the dismissal.
In these 2 cases, the dismissal is canceled. The dismissal procedure will be re-launched at the end of the 10-week period following your leave.
This protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption (e.g. disciplinary misconduct).
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter specifies the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
Duration of notice
The length of notice varies according to your seniority:
These durations are doubled if you are disabled, beneficiary of the obligation to employ and if you have previously declared recognition of your disability to your employer administration within a sufficient period of time.
Your seniority is calculated up to the date the letter of notification of the dismissal is sent.
It is calculated taking into account all your contracts, including in the case of interruption between 2 contracts if the interruption did not exceed 4 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
The notice shall commence on the date of submission of the letter of termination.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
Is the contractor entitled to severance pay in the event of professional incompetence?
You are entitled to severance pay unless you are in one of the following situations:
- You have reached the minimum retirement age and you're entitled to a full-rate pension
- You are a civil servant on secondment as a contractor, on standby or off-duty
- You immediately find a similar job in one of the three public services or in a business of mixed economy.
Amount of compensation
The severance pay shall be equal to:
- One-quarter of last net remuneration that you received during the calendar month before the end date of your contract for each of your first 12 years of service
- 1/6e of the same remuneration for each of the following years.
If you were on a fixed-term contract, the number of years taken into account cannot exceed the number of months remaining until the scheduled end date of your contract.
The amount of severance pay may not exceed 12 times the remuneration on which it is based.
If you perceive family treatment supplement and overtime allowances, these 2 elements of pay are not taken into account in the remuneration used as the basis for calculating the severance pay.
If you work part-time, the severance pay is calculated on the basis of your full-time remuneration.
If you are on sick leave on half-salary or leave without pay, the index salary used to calculate severance pay is your last full salary.
If you have the minimum retirement age without justifying the number of quarters required to qualify for a full-rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.
Seniority calculation
Your seniority is counted from the date your contract was originally concluded until the effective date of your termination, taking into account your remaining annual leave entitlements and the duration of the notice period.
If you have had more than one CSD successive without interruption with the same employer administration, the initial date taken into account is the start date of your 1er contract. The same is true in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
Any period of part-time work shall be counted in proportion to the amount of work carried out.
Any portion of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not considered.
Payment of compensation
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContent and is taxable on income.
Is the contractor entitled to compensation for annual leave in the event of dismissal for incompetence?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The allowance shall be equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment for a contractor dismissed for incompetence?
You can take advantage of unemployment benefits if you qualify.
In what case can the agent be dismissed?
You may be terminated if you refuse the contract offered to you when transferring an activity.
When the activity carried out by your employer administration is taken over by another public administration, the new public employer offers you a fixed-term or indefinite contract, depending on whether you are on a fixed-term or a fixed-term contract.
The contract proposed to you includes the substantive clauses of your previous contract, in particular those concerning your remuneration, unless a law, decree or the general conditions of remuneration and employment of the new public employer contain provisions to the contrary.
Services performed within your home employer administration are treated as services performed within the host employer administration.
If you refuse the contract offered to you by the new public employer, your refusal will automatically result in the termination of your current contract.
The new public employer who resumes the activity must pay you a severance pay.
Likewise, if you are under the authority of a minister other than the one who recruited you, because of a transfer of competences between 2 ministerial departments or public authorities, the ministerial department or the host public authority offers you a contract incorporating the substantive clauses of your previous contract, unless a law or decree contains provisions to the contrary.
If you are on a DTA, only one DTA can be offered.
Services performed within your home department are treated as services performed within the host department.
If you refuse the contract offered to you, your refusal automatically results in the end of your current contract.
The ministerial department or host public authority must pay you a severance pay.
Is the staff member entitled to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You have reached the minimum retirement age and you're entitled to a full-rate pension
- You are a civil servant on secondment as a contractor, on standby or off-duty
- You immediately find a similar job in one of the three public services or in a business of mixed economy.
Amount of compensation
The severance pay shall be equal to:
- TO half of the last net remuneration that you received during the calendar month before the end date of your contract for each of your first 12 years of service
- At third party of the same remuneration for each of the following years.
If you were on a fixed-term contract, the number of years taken into account cannot exceed the number of months remaining until the scheduled end date of your contract.
The amount of severance pay may not exceed 12 times the remuneration on which it is based.
If you perceive family treatment supplement and overtime allowances, these 2 elements of pay are not taken into account in the remuneration used as the basis for calculating the severance pay.
If you work part-time, the severance pay is calculated on the basis of your full-time remuneration.
If you are on sick leave on half-salary or leave without pay, the index salary used to calculate severance pay is your last full salary.
If you have the minimum retirement age without justifying the number of quarters required to qualify for a full-rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.
Seniority calculation
Your seniority is counted from the date your contract was originally concluded until the effective date of your termination, taking into account your remaining annual leave entitlements and the duration of the notice period.
If you have had more than one CSD successive without interruption with the same employer administration, the initial date taken into account is the start date of your 1er contract. The same is true in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
Any period of part-time work shall be counted in proportion to the amount of work carried out.
Any portion of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not considered.
Payment of compensation
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContent and is taxable on income.
Is the staff member entitled to an allowance in lieu of annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The allowance shall be equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
Is the agent entitled to unemployment benefits?
You can benefit from the return-to-work assistance allowance if you qualify.
FPH
You can be dismissed if the need or the job that justified your recruitment in CSD: titleContent or DTA: titleContent on a permanent employment.
Your dismissal can only be pronounced if your reclassification to another job is not possible.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
The interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and the deadline for submitting your written request for reclassification.
It also tells you the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
The CPC must be consulted prior to the pre-interview if you have a trade union activity.
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during 3 days leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following any of these 4 holidays.
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can justify your situation by sending a certificate from theAse: titleContent within 15 days of notification of the dismissal.
In these 2 cases, the dismissal is canceled. The dismissal procedure will be re-launched at the end of the 10-week period following your leave.
This protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption (e.g. disciplinary misconduct).
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter specifies the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
This letter also invites you to submit a written request for reclassification on another job and indicates the conditions under which reclassification offers can be sent to you.
Reclassification procedure
You must apply for reclassification to another job within a period that varies according to your seniority :
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a similar job hierarchical category than your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification must be written and precise. And the proposed job must be compatible with your professional skills.
If no reclassification can be offered to you before the end of the notice, you are placed, at the end of the notice, in unpaid leave for up to 3 months.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
Duration of notice
The length of notice varies according to your seniority:
Your seniority is calculated up to the date the letter of notification of the dismissal is sent.
It is calculated taking into account all your contracts, including in the case of interruption between 2 contracts if the interruption did not exceed 4 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
The notice shall commence on the date of submission of the letter of termination.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
Is the staff member entitled to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You have reached the minimum retirement age and you're entitled to a full-rate pension
- You are a seconded civil servant as a contractor
- You immediately find a similar job in one of the three public services or in a business of mixed economy.
Amount of compensation
The severance pay shall be equal to:
- TO half of the last net remuneration that you received during the calendar month before the end date of your contract for each of your first 12 years of service
- At third party of the same remuneration for each of the following years.
If you were on a fixed-term contract, the number of years taken into account cannot exceed the number of months remaining until the scheduled end date of your contract.
The amount of severance pay may not exceed 12 times the remuneration on which it is based.
If you perceive family treatment supplement and overtime allowances, these 2 elements of pay are not taken into account in the remuneration used as the basis for calculating the severance pay.
If you work part-time, the severance pay is calculated on the basis of your full-time remuneration.
If you are on sick leave on half-salary or leave without pay, the index salary used to calculate severance pay is your last full salary.
If you have the minimum retirement age without justifying the number of quarters required to qualify for a full-rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.
Seniority calculation
Your seniority is counted from the date your contract was originally concluded until the effective date of your termination, taking into account your remaining annual leave entitlements and the duration of the notice period.
If you have had more than one CSD successive without interruption with the same employer administration, the initial date taken into account is the start date of your 1er contract. The same is true in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
Any period of part-time work shall be counted in proportion to the amount of work carried out.
Any portion of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not considered.
Payment of compensation
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContent and is taxable on income.
Is the staff member entitled to an allowance in lieu of annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The allowance shall be equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
Is the agent entitled to unemployment benefits?
You can benefit from the return-to-work assistance allowance if you qualify.
Under what circumstances can a contractor be dismissed?
You can be dismissed in the event of a change in the need or employment which justified your recruitment on a permanent employment, when your adaptation to the new need is not possible.
In the event of a change in the need or the job that justified your recruitment, the administration may propose a change to a substantial element of your contract, such as your working hours or a change of place of work.
They may also propose a change to your duties provided that they remain compatible with your professional qualification.
You can be dismissed in the event of a refusal to amend a substantial part of your contract.
In the event that a substantial modification of your contract is proposed to you, the modification is sent to you by registered letter with acknowledgement of receipt or by letter delivered by hand against signature.
This letter tells you that you have one month from its receipt to make your decision known.
In the absence of a reply within one month, the proposed amendment shall be deemed to have been rejected.
Your dismissal can only be pronounced if your reclassification to another job is not possible.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
The interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and the deadline for submitting your written request for reclassification.
It also tells you the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place front pre-maintenance if you have a trade union activity.
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during 3 days leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following any of these 4 holidays.
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can justify your situation by sending a certificate from theAse: titleContent within 15 days of notification of the dismissal.
In these 2 cases, the dismissal is canceled. The dismissal procedure will be re-launched at the end of the 10-week period following your leave.
This protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption (e.g. disciplinary misconduct).
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter specifies the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
This letter also invites you to submit a written request for reclassification on another job and indicates the conditions under which reclassification offers can be sent to you.
Reclassification procedure
You must apply for reclassification to another job within a period that varies according to your seniority :
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a similar job hierarchical category than your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification must be written and precise. And the proposed job must be compatible with your professional skills.
If no reclassification can be offered to you before the end of the notice, you are placed, at the end of the notice, in unpaid leave for up to 3 months.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
Duration of notice
The length of notice varies according to your seniority:
Your seniority is calculated up to the date the letter of notification of the dismissal is sent.
It is calculated taking into account all your contracts, including in the case of interruption between 2 contracts if the interruption did not exceed 4 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
The notice shall commence on the date of submission of the letter of termination.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
Is the staff member entitled to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You have reached the minimum retirement age and you're entitled to a full-rate pension
- You are a seconded civil servant as a contractor
- You immediately find a similar job in one of the three public services or in a business of mixed economy.
Amount of compensation
The severance pay shall be equal to:
- TO half of the last net remuneration that you received during the calendar month before the end date of your contract for each of your first 12 years of service
- At third party of the same remuneration for each of the following years.
If you were on a fixed-term contract, the number of years taken into account cannot exceed the number of months remaining until the scheduled end date of your contract.
The amount of severance pay may not exceed 12 times the remuneration on which it is based.
If you perceive family treatment supplement and overtime allowances, these 2 elements of pay are not taken into account in the remuneration used as the basis for calculating the severance pay.
If you work part-time, the severance pay is calculated on the basis of your full-time remuneration.
If you are on sick leave on half-salary or leave without pay, the index salary used to calculate severance pay is your last full salary.
If you have the minimum retirement age without justifying the number of quarters required to qualify for a full-rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.
Seniority calculation
Your seniority is counted from the date your contract was originally concluded until the effective date of your termination, taking into account your remaining annual leave entitlements and the duration of the notice period.
If you have had more than one CSD successive without interruption with the same employer administration, the initial date taken into account is the start date of your 1er contract. The same is true in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
Any period of part-time work shall be counted in proportion to the amount of work carried out.
Any portion of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not considered.
Payment of compensation
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContent and is taxable on income.
Is the staff member entitled to an allowance in lieu of annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The allowance shall be equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
Is the agent entitled to unemployment benefits?
You can benefit from the return-to-work assistance allowance if you qualify.
You may be dismissed if an official is recruited on your permanent employment.
Your dismissal can only be pronounced if your reclassification to another job is not possible.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
The interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and the deadline for submitting your written request for reclassification.
It also tells you the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place front pre-maintenance if you have a trade union activity.
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during 3 days leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following any of these 4 holidays.
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can justify your situation by sending a certificate from theAse: titleContent within 15 days of notification of the dismissal.
In these 2 cases, the dismissal is canceled. The dismissal procedure will be re-launched at the end of the 10-week period following your leave.
This protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption (e.g. disciplinary misconduct).
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter specifies the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
This letter also invites you to submit a written request for reclassification on another job and indicates the conditions under which reclassification offers can be sent to you.
Reclassification procedure
You must apply for reclassification to another job within a period that varies according to your seniority :
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a similar job hierarchical category than your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification must be written and precise. And the proposed job must be compatible with your professional skills.
If no reclassification can be offered to you before the end of the notice, you are placed, at the end of the notice, in unpaid leave for up to 3 months.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
Duration of notice
The length of notice varies according to your seniority:
Your seniority is calculated up to the date the letter of notification of the dismissal is sent.
It is calculated taking into account all your contracts, including in the case of interruption between 2 contracts if the interruption did not exceed 4 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
The notice shall commence on the date of submission of the letter of termination.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
Is the staff member entitled to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You have reached the minimum retirement age and you're entitled to a full-rate pension
- You are a seconded civil servant as a contractor
- You immediately find a similar job in one of the three public services or in a business of mixed economy.
Amount of compensation
The severance pay shall be equal to:
- TO half of the last net remuneration that you received during the calendar month before the end date of your contract for each of your first 12 years of service
- At third party of the same remuneration for each of the following years.
If you were on a fixed-term contract, the number of years taken into account cannot exceed the number of months remaining until the scheduled end date of your contract.
The amount of severance pay may not exceed 12 times the remuneration on which it is based.
If you perceive family treatment supplement and overtime allowances, these 2 elements of pay are not taken into account in the remuneration used as the basis for calculating the severance pay.
If you work part-time, the severance pay is calculated on the basis of your full-time remuneration.
If you are on sick leave on half-salary or leave without pay, the index salary used to calculate severance pay is your last full salary.
If you have the minimum retirement age without justifying the number of quarters required to qualify for a full-rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.
Seniority calculation
Your seniority is counted from the date your contract was originally concluded until the effective date of your termination, taking into account your remaining annual leave entitlements and the duration of the notice period.
If you have had more than one CSD successive without interruption with the same employer administration, the initial date taken into account is the start date of your 1er contract. The same is true in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
Any period of part-time work shall be counted in proportion to the amount of work carried out.
Any portion of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not considered.
Payment of compensation
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContent and is taxable on income.
Is the staff member entitled to an allowance in lieu of annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The allowance shall be equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
Is the agent entitled to unemployment benefits?
You can benefit from the return-to-work assistance allowance if you qualify.
Under what circumstances can the contractor be dismissed?
You may be terminated if your administration cannot re-employ you on your previous job or on a similar job with equivalent pay at the end of unpaid leave.
This can happen at the end of one of the following holidays:
- Unpaid sick leave
- Family Solidarity Leave
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Parental leave
- Caregiver leave
- Family leave
- Leave for personal reasons
- Leave to create or resume a company
- Reserve leave
- Parental Leave
- Leave to travel overseas for the adoption of one or more children
- Leave to complete a preparatory cycle for a competition for access to a public post or a probationary period or a period of schooling prior to appointment to a public post.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
The interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place front pre-maintenance if you have a trade union activity.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter specifies the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
Duration of notice
The length of notice varies according to your seniority:
Your seniority is calculated up to the date the letter of notification of the dismissal is sent.
It is calculated taking into account all your contracts, including in the case of interruption between 2 contracts if the interruption did not exceed 4 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
The notice shall commence on the date of submission of the letter of termination.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
Is the staff member entitled to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You have reached the minimum retirement age and you're entitled to a full-rate pension
- You are a seconded civil servant as a contractor
- You immediately find a similar job in one of the three public services or in a business of mixed economy.
Amount of compensation
The severance pay shall be equal to:
- TO half of the last net remuneration which you have received for each of your first 12 years of service
- At third party of the same remuneration for each of the following years.
If you were on a fixed-term contract, the number of years taken into account cannot exceed the number of months remaining until the scheduled end date of your contract.
The amount of severance pay may not exceed 12 times the remuneration on which it is based.
If you perceived the family treatment supplement and overtime allowances, these 2 elements of pay are not taken into account in the remuneration used as the basis for calculating the severance pay.
If you worked part-time, the severance pay is calculated on the basis of your full-time remuneration.
If you have the minimum retirement age without justifying the number of quarters required to qualify for a full-rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.
Seniority calculation
Your seniority is counted from the date your contract was originally concluded until the effective date of your termination, taking into account your remaining annual leave entitlements and the duration of the notice period.
If you have had more than one CSD successive without interruption with the same employer administration, the initial date taken into account is the start date of your 1er contract. The same is true in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
Any period of part-time work shall be counted in proportion to the amount of work carried out.
Any portion of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not considered.
Payment of compensation
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContent and is taxable on income.
Is the staff member entitled to an allowance in lieu of annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The allowance shall be equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
Is the agent entitled to unemployment benefits?
You can benefit from the return-to-work assistance allowance if you qualify.
You can be fired if you are unprofessional.
Occupational insufficiency is characterized by the inability of a staff member to perform his duties normally for which he was hired.
Incompetence can be characterized in particular by the lack of rigor in the execution of tasks, the slowness and mediocrity of the work carried out, the inability to work as a team, etc.
What is the procedure for dismissal for incompetence of a contractor?
Submission of the individual file
The administration informs you that you can request the full communication of your individual file.
You can also request any document on which the administration bases its decision, even if it is not on your individual file.
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
This letter indicates the subject of the summons.
The interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the interview, the administration will inform you of the reason for your dismissal.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place front pre-maintenance if you have a trade union activity.
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during 3 days leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following any of these 4 holidays.
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can justify your situation by sending a certificate from theAse: titleContent within 15 days of notification of the dismissal.
In these 2 cases, the dismissal is canceled. The dismissal procedure will be re-launched at the end of the 10-week period following your leave.
This protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption (e.g. disciplinary misconduct).
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter specifies the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
Duration of notice
The length of notice varies according to your seniority:
Your seniority is calculated up to the date the letter of notification of the dismissal is sent.
It is calculated taking into account all your contracts, including in the case of interruption between 2 contracts if the interruption did not exceed 4 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
The notice shall commence on the date of submission of the letter of termination.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
Is the contractor entitled to severance pay in the event of professional incompetence?
You are entitled to severance pay unless you are in one of the following situations:
- You have reached the minimum retirement age and you're entitled to a full-rate pension
- You are a seconded civil servant as a contractor
- You immediately find a similar job in one of the three public services or in a business of mixed economy.
Amount of compensation
The severance pay shall be equal to:
- One-quarter of last net remuneration that you received during the calendar month before the end date of your contract for each of your first 12 years of service
- 1/6e of the same remuneration for each of the following years.
If you were on a fixed-term contract, the number of years taken into account cannot exceed the number of months remaining until the scheduled end date of your contract.
The amount of severance pay may not exceed 12 times the remuneration on which it is based.
If you perceive family treatment supplement and overtime allowances, these 2 elements of pay are not taken into account in the remuneration used as the basis for calculating the severance pay.
If you work part-time, the severance pay is calculated on the basis of your full-time remuneration.
If you are on sick leave and no longer receive your full salary or if you are on leave without pay, the index salary used to calculate severance pay is your last full salary.
If you have the minimum retirement age without justifying the number of quarters required to qualify for a full-rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.
Seniority calculation
Your seniority is counted from the date your contract was originally concluded until the effective date of your termination, taking into account your remaining annual leave entitlements and the duration of the notice period.
If you have had more than one CSD successive without interruption with the same employer administration, the initial date taken into account is the start date of your 1er contract. The same is true in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, spouse or partner of Civil partnerships: titleContent or to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to relocate for work reasons
- Leave for personal reasons
- Leave to create or resume a company
- Mobility leave.
Any period of part-time work shall be counted in proportion to the amount of work carried out.
Any portion of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not considered.
Payment of compensation
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContent and is taxable on income.
Is the contractor entitled to compensation for annual leave in the event of dismissal for incompetence?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The allowance shall be equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment for a contractor dismissed for incompetence?
You can take advantage of unemployment benefits if you qualify.
In what case can the agent be dismissed?
You may be terminated if you refuse the contract offered to you when transferring an activity.
When the activity carried out by your employer administration is taken over by another public administration, the new public employer offers you a fixed-term or indefinite contract, depending on whether you are on a fixed-term or a fixed-term contract.
The contract proposed to you includes the substantive clauses of your previous contract, in particular those concerning your remuneration, unless a law, decree or the general conditions of remuneration and employment of the new public employer contain provisions to the contrary.
Services performed within your home employer administration are treated as services performed within the host employer administration.
If you refuse the contract offered to you by the new public employer, your refusal will automatically result in the termination of your current contract.
The new public employer who resumes the activity must pay you a severance pay.
Likewise, if you are under the authority of a minister other than the one who recruited you, because of a transfer of competences between 2 ministerial departments or public authorities, the ministerial department or the host public authority offers you a contract incorporating the substantive clauses of your previous contract, unless a law or decree contains provisions to the contrary.
If you are on a DTA, only one DTA can be offered.
Services performed within your home department are treated as services performed within the host department.
If you refuse the contract offered to you, your refusal automatically results in the end of your current contract.
The ministerial department or host public authority must pay you a severance pay.
Is the staff member entitled to severance pay?
You are entitled to an equal severance package:
- to half of the last net remuneration that you received during the calendar month before the end date of your contract for each of your first 12 years of service
- to third party of the same remuneration for each of the following years.
If you were on a fixed-term contract, the number of years taken into account cannot exceed the number of months remaining until the scheduled end date of your contract.
Your seniority is counted from the date your contract was originally entered into until its end date.
If you have had more than one CSD uninterrupted succession with the same employer authority, the starting date is the start date of your 1er contract. The same is true in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.
The subsequent periods of unpaid leave shall not be taken into account in calculating your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, your spouse, your Civil partnerships: titleContent or your partner or a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse, Civil partnership partner or cohabiting partner who is forced to move for professional reasons
- Leave for personal reasons
- Leave to create or resume a company.
Any period of part-time work shall be counted in proportion to the amount of work carried out.
Any portion of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not considered.
If you perceive family treatment supplement and overtime allowances, these 2 elements of pay are not taken into account in the remuneration used as the basis for calculating the severance pay.
If you work part-time, the severance pay is calculated on the basis of your full-time remuneration.
If you are on sick leave and no longer receive your full salary or if you are on leave without pay, the index salary used to calculate severance pay is your last full salary.
The amount of severance pay may not exceed 12 times the remuneration on which it is based.
If you have the minimum retirement age without justifying the number of quarters required to qualify for a full-rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.
The severance pay is paid in one go.
In the following cases, the severance pay is not paid to you:
- You have reached the minimum retirement age and you are entitled to a full pension
- You are a seconded civil servant as a contractor
- You immediately find a similar job in one of the three public services or in a business of mixed economy.
Is the staff member entitled to an allowance in lieu of annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The allowance shall be equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
Articles 1-2, 9, 10, 17, 43-2, 44-1, 45-1 to 56
Articles 4, 5, 13, 36-1, 38, 39-1 to 39-3, 40 to 49
Articles 2-1, 7, 17-1, 17-2, 39, 40-1, 41-2, 41-3, 41-6, 42-45, 47
Liability of severance pay to social security contributions
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