Public service: can a contractor be laid off?
Verified 19 January 2024 - Directorate for Legal and Administrative Information (Prime Minister)
No, only a regular staff member may be laid off.
However, if you are a contract worker, you can take leave for identical patterns to those scheduled for availability.
In some cases, the leave cannot be denied by the administration (it is said to be granted) by right). In other cases, leave is granted subject to service requirements.
The rules vary depending on whether you are a member of the public service of the State (FPE), the territorial (FPT) or the hospital (FPH).
EPF
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Raising a child under the age of 12
If you are an employee for more than a year, you can apply for unpaid leave to raise a child under the age of 12.
If you meet the conditions to benefit from it, you can collect the Shared Child Education Benefit (PreParE).
The duration of the leave shall be Maximum 3 years, renewable up to 12me child's birthday.
Leave shall be granted within a period of Maximum 2 months upon receipt of your request.
You cannot be denied leave by the administration.
You must request renewal of your leave or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of resumption of work.
However, in the event of serious reasons, particularly in the event of a reduction in your household income, you can be re-employed as soon as the administration receives your request.
Whether or not your re-employment occurs early, you are reassigned to your previous position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Providing care to a loved one
If you are an employee for more than a year, you can apply for unpaid leave to care for a dependent child, your spouse or partner of Civil partnerships: titleContent or to a ascendant.
This leave may be granted following an accident or serious illness or if the person being accompanied has a disability requiring the presence of a third person.
If you stop your activity to give care to a child, you can collect the Shared Child Education Benefit (PreParE) if you meet the conditions to take advantage of it,.
If you stop your activity to give care to a loved one who perceives Custom Autonomy Allocation (Apa) or the Disability Compensation Benefit (DCP), it may, under certain conditions, use this benefit to pay you.
The duration of the leave shall be Maximum 3 years, renewable as long as your presence with your loved one is justified.
Leave shall be granted within a period of Maximum 2 months upon receipt of your request.
However, in the event of an emergency related to your loved one's health, your leave may begin on the date of receipt of your request.
You cannot be denied leave by the administration.
You must request renewal of your leave or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of resumption of work.
However, in the event of serious reasons, particularly in the event of a reduction in your household income, you can be re-employed as soon as the administration receives your request.
Whether or not your re-employment occurs early, you are reassigned to your previous position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Following your Civil partnership or partner is forced to move for professional reasons
If you are an employee for more than a year, you can request unpaid leave to follow your spouse or partner Civil partnerships: titleContent forced to move for professional reasons.
The duration of the leave shall be Maximum 3 years, renewable without limitation.
The leave shall be granted within a maximum of 2 months following receipt of your request.
Leave may not be refused by your administration.
You must request renewal of your leave or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of resumption of work.
However, in the event of serious reasons, particularly in the event of a reduction in your household income, you can be re-employed as soon as the administration receives your request.
Whether or not your re-employment occurs early, you are reassigned to your previous position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Adopting a child
If you have an approval from theAse: titleContent from your department, you are entitled to unpaid leave to travel to a Drom: titleContent, a Com, in New Caledonia or abroad with a view to the adoption of one or more children.
The administration cannot deny you this leave.
You must request it by registered mail at least 2 weeks before departure.
Your request must indicate the start date and the anticipated duration of the leave.
The duration of the leave shall be 6 weeks maximum per approval.
You return to your job at the end of the leave, even if you end it earlier than planned.
Family Event
You can request unpaid leave from Maximum 15 days per year for family events (birth, marriage, death,...).
It may be granted in several installments.
It shall be granted subject to service requirements.
Personal Suitability
If you are in DTA: titleContent, you can request unpaid leave for personal reasons.
You must not have benefited within 6 years of your application leave for personal reasons, leave for the creation of a company or vocational leave at least 6 months.
Leave for personal reasons is granted subject to service requirements.
This leave shall be granted for Maximum 5 years renewable in the 10-year limit for all your contracts in the public service.
You must request your leave at least 2 months in advance by registered post with acknowledgement of receipt.
You must request renewal of your leave or re-employment, by registered letter with acknowledgement of receipt, at least 3 months before the end of your current leave.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of resumption of work.
However, in the event of serious reasons, particularly in the event of a reduction in your household income, you can be re-employed as soon as the administration receives your request.
Whether or not your re-employment occurs early, you are reassigned to your previous position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Reminder
As a public official, you cannot take sabbatical leave. This leave is reserved for private employees.
Create or resume a company
You can request unpaid leave to start or resume a company.
Such leave shall be granted subject to service requirements.
The duration of the leave shall be 1 year, renewable 1 time.
The request for leave must be made by registered post with acknowledgement of receipt, at least 2 months in advance.
It shall indicate the date of commencement of the leave, its duration and the nature of the company's activity.
If she's not sure about the compatibility of your business project with your previous functions during the previous 3 years, your administration refers the matter for an opinion to the ethics referent and then possibly to the High Authority for the Transparency of Public Life (HATVP).
You must request renewal of your leave or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your leave in progress.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of resumption of work.
However, in the event of serious reasons, particularly in the event of a reduction in your household income, you can be re-employed as soon as the administration receives your request.
Whether or not your re-employment occurs early, you are reassigned to your previous position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
FPT
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Raising a child under the age of 12
If you are an employee for more than a year, you can apply for unpaid leave to raise a child under the age of 12.
If you meet the conditions to benefit from it, you can collect the Shared Child Education Benefit (PreParE).
The duration of the leave shall be Maximum 3 years, renewable up to 12me child's birthday.
Leave shall be granted within a period of Maximum 2 months upon receipt of your request.
You cannot be denied leave by the administration.
You must request renewal of your leave or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of resumption of work.
However, in the event of serious reasons, particularly in the event of a reduction in your household income, you can be re-employed as soon as the administration receives your request.
Whether or not your re-employment occurs early, you are reassigned to your previous position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Providing care to a loved one
If you are an employee for more than a year, you can apply for unpaid leave to care for a dependent child, your spouse or partner of Civil partnerships: titleContent or to a ascendant.
This leave may be granted following an accident or serious illness or if the person being accompanied has a disability requiring the presence of a third person.
If you stop your activity to give care to a child, you can collect the Shared Child Education Benefit (PreParE) if you meet the conditions to take advantage of it,.
If you stop your activity to give care to a loved one who perceives Custom Autonomy Allocation (Apa) or the Disability Compensation Benefit (DCP), it may, under certain conditions, use this benefit to pay you.
The duration of the leave shall be Maximum 3 years, renewable as long as your presence with your loved one is justified.
Leave shall be granted within a period of Maximum 2 months upon receipt of your request.
However, in the event of an emergency related to your loved one's health, your leave may begin on the date of receipt of your request.
You cannot be denied leave by the administration.
You must request renewal of your leave or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of resumption of work.
However, in the event of serious reasons, particularly in the event of a reduction in your household income, you can be re-employed as soon as the administration receives your request.
Whether or not your re-employment occurs early, you are reassigned to your previous position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Following your Civil partnership or partner is forced to move for professional reasons
If you are an employee for more than a year, you can request unpaid leave to follow your spouse or partner Civil partnerships: titleContent forced to move for professional reasons.
The duration of the leave shall be Maximum 3 years, renewable without limitation.
The leave shall be granted within a maximum of 2 months following receipt of your request.
Leave may not be refused by your administration.
You must request renewal of your leave or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of resumption of work.
However, in the event of serious reasons, particularly in the event of a reduction in your household income, you can be re-employed as soon as the administration receives your request.
Whether or not your re-employment occurs early, you are reassigned to your previous position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Adopting a child
If you have an approval from theAse: titleContent from your department, you are entitled to unpaid leave to travel to a Drom: titleContent, a Com, in New Caledonia or abroad with a view to the adoption of one or more children.
The administration cannot deny you this leave.
You must request it by registered mail at least 2 weeks before departure.
Your request must indicate the start date and the anticipated duration of the leave.
The duration of the leave shall be 6 weeks maximum per approval.
You return to your job at the end of the leave, even if you end it earlier than planned.
Family Event
You can request unpaid leave from Maximum 15 days per year for family events (birth, marriage, death,...).
It may be granted in several installments.
It shall be granted subject to service requirements.
Personal Suitability
If you are in DTA: titleContent, you can request unpaid leave for personal reasons.
You must not have benefited within 6 years your request for leave for personal reasons, leave for the creation of a company or vocational leave at least 6 months.
Leave for personal reasons is granted subject to service requirements.
This leave shall be granted for Maximum 3 years renewable in the 10-year limit for all your contracts in the public service.
You must request your leave at least 2 months in advance by registered post with acknowledgement of receipt.
You must request renewal of your leave or re-employment, by registered letter with acknowledgement of receipt, at least 3 months before the end of your leave in progress.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of resumption of work.
However, in the event of serious reasons, particularly in the event of a reduction in your household income, you can be re-employed as soon as the administration receives your request.
Whether or not your re-employment occurs early, you are reassigned to your previous position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Reminder
As a public official, you cannot take sabbatical leave. This leave is reserved for private employees.
Create or resume a company
You can request unpaid leave to start or resume a company.
Such leave shall be granted subject to service requirements.
The duration of the leave shall be 1 year, renewable 1 time.
The request for leave must be made by registered post with acknowledgement of receipt, at least 2 months in advance.
It shall indicate the date of commencement of the leave, its duration and the nature of the company's activity.
If she's not sure about the compatibility of your business project with your previous functions during the previous 3 years, your administration refers the matter for an opinion to the ethics referent and then possibly to the High Authority for the Transparency of Public Life (HATVP).
You must request renewal of your leave or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your leave in progress.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of resumption of work.
However, in the event of serious reasons, particularly in the event of a reduction in your household income, you can be re-employed as soon as the administration receives your request.
Whether or not your re-employment occurs early, you are reassigned to your previous position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
FPH
Répondez aux questions successives et les réponses s’afficheront automatiquement
Raising a child under the age of 12
If you have been employed since more than a year, you can apply for unpaid leave to raise a child under the age of 12.
If you meet the conditions to receive it, you can receive the Child Education Shared Benefit (PreParE).
The duration of the leave shall be Maximum 3 years, renewable until the child's 12th birthday.
Leave shall be granted within a period of Maximum 2 months upon receipt of your request.
You cannot be denied leave by the administration.
You must request renewal of your leave or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your leave in progress.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of resumption of work.
However, in the event of serious reasons, particularly in the event of a reduction in your household income, you can be re-employed as soon as the administration receives your request.
Whether or not your re-employment occurs early, you are reassigned to your previous position.
If this is not possible, you are dismissed and given priority to be re-employed in your establishment on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Providing care to a loved one
If you are an employee for more than a yearHowever, you can request unpaid leave to provide care to your loved one.
The person receiving care must be a dependent child, your spouse, your Civil partnerships: titleContent or your partner or a ascendant.
Such leave may be granted following an accident or serious illness or if the person accompanied is disabled and requires the presence of a third person.
If you stop your activity to give care to a child, you can collect the shared child-rearing benefit (PrePAR) if you meet the conditions to take advantage of it.
If you stop your activity to give care to a loved one who perceives Custom Autonomy Allocation (Apa) or the Disability Compensation Benefit (DCP), it may, under certain conditions, use this benefit to pay you.
The duration of the leave shall be Maximum 3 years, renewable as long as your presence with the sick, disabled or injured relative is justified.
It shall be granted within Maximum 2 months upon receipt of your request.
In case of an emergency related to the health of the relative, the leave can start on the date of receipt of your request.
You cannot be denied leave by the administration.
You must request renewal of your leave or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your leave in progress.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of resumption of work.
However, in the event of serious reasons, particularly in the event of a reduction in your household income, you can be re-employed as soon as the administration receives your request.
Whether or not your re-employment occurs early, you are reassigned to your previous position.
If this is not possible, you are dismissed and given priority to be re-employed on a similar job in your institution with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Follow your spouse who is forced to move for business reasons
If you are an employee for more than a year, you can request unpaid leave to follow your spouse, your partner of Civil partnerships: titleContent or your partner is forced to move for work reasons.
The duration of the leave shall be Maximum 3 years, renewable without limitation.
It shall be granted within Maximum 2 months upon receipt of your request.
You cannot be denied leave by the administration.
You must request renewal of your leave or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your leave in progress.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of resumption of work.
However, in the event of serious reasons, particularly in the event of a reduction in your household income, you can be re-employed as soon as the administration receives your request.
Whether or not your re-employment occurs early, you are reassigned to your previous position.
If this is not possible, you are dismissed and given priority to be re-employed on a similar job in your institution with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Adopting a child
If you have an approval from theAse: titleContent from your department, you are entitled to unpaid leave to travel to a Drom: titleContent, a Com, in New Caledonia or abroad with a view to the adoption of one or more children.
The administration cannot deny you this leave.
You must request it by registered mail at least 2 weeks before departure.
Your request must indicate the start date and the anticipated duration of the leave.
The duration of the leave shall be 6 weeks maximum per approval.
You return to your job at the end of the leave, even if you end it earlier than planned.
Family Event
You can request unpaid leave of 15 working days maximum per year for family events (birth, marriage, death,...).
It may be granted in several installments.
It shall be granted subject to service requirements.
Personal Suitability
If you are in DTA: titleContent, you can request unpaid leave for personal reasons.
You must not have benefited during the 6 years before applying for leave on personal grounds, a leave for company creation or a vocational leave at least 6 months.
Leave for personal reasons is granted subject to service requirements.
This leave shall be granted for Maximum 5 years renewable in the 10-year limit for all your contracts in the public service.
You must request this leave at least 2 months in advance by registered post with acknowledgement of receipt.
You must request renewal of your leave or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your leave in progress.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of resumption of work.
However, in the event of serious reasons, particularly in the event of a reduction in your household income, you can be re-employed as soon as the administration receives your request.
Whether or not your re-employment occurs early, you are reassigned to your previous position.
If this is not possible, you are dismissed and given priority to be re-employed on a similar job in your institution with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Reminder
As a public official, you cannot take sabbatical leave. This leave is reserved for private employees.
Create or resume a company
You can request unpaid leave to start or resume a company.
Such leave shall be granted subject to service requirements.
The duration of the leave shall be 1 year renewable 1 time.
The request for leave must be made by registered post with acknowledgement of receipt, at least 2 months in advance.
It shall indicate the date of commencement of the leave, its duration and the nature of the company's activity.
If she's not sure about the compatibility of your business project with your previous functions, your administration shall refer the matter to the Ethics Officer for an opinion and then, if appropriate, to the High Authority for the Transparency of Public Life (HATVP).
You must request renewal of your leave or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your leave in progress.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of resumption of work.
However, in the event of serious reasons, particularly in the event of a reduction in your household income, you can be re-employed as soon as the administration receives your request.
Whether or not your re-employment occurs early, you are reassigned to your previous position.
If this is not possible, you are dismissed and given priority to be re-employed on a similar job in your establishment with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Articles 19a, 20, 21 to 24, 32, 33
Articles 14-1, 15 to 18-1, 33, 34
Articles 18-1, 19, 20-23, 30, 31