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Conditions of employment of a contractor in the public service
Verified 04 September 2023 - Legal and Administrative Information Directorate (Prime Minister)
Are you a public service contractor and are you wondering about your contract, your salary, your leave, etc?
We present you the relevant information according to your public service of origin.
What applies to you ?
State Civil Service (EPF)
All job offers are published on the website Choosing the public service.
It states that the job in question is open to contract workers.
The vacancy notice or job creation notice shall be accompanied by a job card which shall contain, in particular, the following information:
- Missions of the post
- Qualifications required to perform the duties
- Expected Skills
- Operating conditions and, where applicable, subjects job-related particulars
- Legal basis for opening up employment to a contractor
The job card also lists the documents needed to apply and the application deadline.
The deadline for application may not be less than 1 month from the date of publication of the vacancy notice or of the creation of the post.
The administration shall acknowledge receipt of each application.
Shortlisted candidates shall be invited to one or more recruitment interviews.
The recruitment interview(s) shall be conducted by one or more persons from the recruiting administration.
Information about the ethical obligations of the public official is provided to you.
You're hired on a written contract.
Your agreement contains the following information:
- Legislative provision and, if applicable, paragraph, under which you are recruited
- Identity of the parties
- Your address and the address of your employer authority
- Contract Start Date and Duration
- Position occupied and hierarchical category to which he reports
- Duration of the trial period and possibility of renewal
- Place(s) where the duties are performed or, if you do not have a fixed or principal place of business, an indication that the duties are performed in more than one place and, where the duties are performed abroad, the State(s) in which they are performed
- Amount of your remuneration, components, periodicity, conditions of payment
- Your rights and obligations
- Conditions of employment (working time, special subjects ...)
- Where applicable, rights and obligations specific to the job
Your contract also includes a clear definition of the reason for recruitment, when it is concluded for one of the following reasons:
- Temporary replacement of absent agent
- Temporary vacancy
- Temporary or seasonal increase in activities
If you are recruited to fill a temporary vacancy pending the recruitment of an official, the exact job description is attached to your contract.
Work certificates issued by previous state administrations are attached to your contract.
If you are recruited on a project contract, your contract must contain the following additional clauses:
- Description of the project or operation
- Definition of tasks to be performed
- A precise description of the objective event or result that will determine the termination of the contract and the conditions for evaluating and monitoring that result
- Potential for early disruption by your employer community
- Right to payment of compensation for early termination of the contract
Your employer authority will provide you with essential information and rules relating to the performance of your duties.
Your contract may include a trial period.
The duration of the trial period shall be fixed by the administration within the following limits:
- Up to 1 working day per week of contract duration up to a maximum of 3 weeks for a CSD: titleContent less than 6 months
- Up to 1 working day per week of contract duration up to 1 month for a fixed term of less than 1 year
- Up to 1 working day per week of contract duration up to 2 months for a fixed term of less than 2 years
- Up to 1 working day per week of contract duration up to a maximum of 3 months for a CDD of 2 years or more
- Up to 1 working day per week of contract duration up to a maximum of 4 months for a DTA: titleContent
The trial period may be repeated once for a period not exceeding its initial duration.
The duration of the trial period and the possibility of renewal shall be indicated in the contract.
No notice is required when either party wishes to terminate the contract during or at the end of the trial period.
No probationary period can be provided if your contract is concluded or renewed by the same administration to perform the same functions or hold the same job as before.
Your remuneration is set by the administration.
In particular, it shall take into account the following:
- The functions you occupy
- The qualification required to exercise them
- Your qualification
- Your experience
Your remuneration can take into account your professional and collective results of your service and evolve within your administration.
Your compensation consists of a index treatment, and possibly, a residence allowance, a family treatment supplement and bonuses and allowances.
If you are in DTA: titleContent, your remuneration is reassessed at least every 3 years, especially in view of the results of your professional interviews or the evolution of your functions.
Your pay is also reassessed at least every 3 years, if you are employed in CSD: titleContent with the same employer authority for the following reasons:
- Lack of a body of State officials able to perform the relevant functions
- Recruitment justified by the nature of the duties or the needs of the services
- Work in a job that does not require formal training in a civil service body
- Work in an incomplete time job
You must have completed the 3-year period on an ongoing basis.
If you are recruited on a project contract, your remuneration may be reassessed during the contract, especially in view of the results of your annual professional interview.
On presentation of a medical certificate, you are placed in sick leave.
In case of a serious condition requiring prolonged treatment and care, you are placed in leave of absence due to serious illness.
Accident at work In the event of an occupational illness or illness, you are granted leave for the entire period of incapacity for work until your recovery is complete or consolidation of your injury.
In case of pregnancy or adoption, you receive a maternity leave or of adoption or a leave of 3 days of birth or for adoption and a paternity and childcare leave.
Annual leave
You are entitled to a annual leave under the same conditions as an official.
At the end of a fixed term, you are entitled to a leave compensation if you have not been able to take all or part of your annual leave, due to service requirements.
The same applies in the case of resignation or dismissal, except in the case of dismissal for disciplinary misconduct.
The gross amount of the leave allowance shall be equal to 10e of the total gross remuneration you received between 1er January and December 31 of the current year.
The amount 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 if you had taken your leave.
The compensation is subject to the same conditions contributions than your remuneration.
Family leave
If you have been employed for more than one year, you are entitled, at your request, to leave without pay for one of the following reasons:
- Raising a child under the age of 12
- Providing care to a dependent child, your 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
- Follow your spouse or partner of Civil partnerships: titleContent forced to move for professional reasons
This leave shall be granted for a maximum period of 3 years.
It may be renewed if the conditions for obtaining it are still fulfilled.
It is granted within a maximum of 2 months from the receipt of your request.
However, in the case of leave to provide care to a loved one, the leave begins on the date of receipt of your request. in the case of an emergency related to the state of health of the injured, sick or disabled person.
You must request renewal of your leave or re-employment by registered letter with AR: titleContent, at least 3 months before the end of your leave.
If you do not apply within this period, you are considered to have given up your employment.
The administration shall inform you without delay in writing of the consequences of your silence.
If you do not respond within 15 days, your contract is terminated automatically and without compensation at the end of the leave.
You can request the early termination of your leave by registered letter with AR: titleContent, at least 3 months in advance.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, you can be re-employed as soon as the administration receives your request.
Whether you apply for early or scheduled reinstatement, you are reassigned to your previous job or to a similar job with equivalent pay.
Leave for personal reasons
If you are in DTA: titleContent, you can take unpaid leave for personal reasons if service requirements allow it.
During the 6 years preceding your application, you must not have been granted company creation leave or vocational training leave of at least 6 months.
Leave for personal reasons is granted for a maximum of 5 years, renewable, up to a maximum of 10 years for all contracts concluded in the State civil service.
You must send your request for leave to the administration by registered letter with AR: titleContent at least 2 months before the start of the leave.
You must request renewal of your leave or re-employment by registered letter with AR: titleContent, at least 3 months before the end of your leave.
If you do not apply within this period, you are considered to have given up your employment.
The administration shall inform you without delay in writing of the consequences of your silence.
If you do not respond within 15 days, your contract is terminated automatically and without compensation at the end of the leave.
You can request the early termination of your leave by registered letter with AR: titleContent, at least 3 months in advance.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, you can be re-employed as soon as the administration receives your request.
Whether you apply for early or scheduled reinstatement, you are reassigned to your previous job or to a similar job with equivalent pay.
Warning
If you are recruited on a project contract, you cannot take the leave for personal reasons.
Leave to Create a company
You can take unpaid leave to create or resume a company if service requirements allow it.
The duration of this leave is one year renewable once.
You must send your request for leave to the administration at least 2 months before the start of the leave by registered letter with AR: titleContent.
It should indicate the start date and the desired amount of time off, and the nature of the activity for the company you plan to start or resume.
Leave may be granted for the creation or resumption of an economic, industrial, commercial, craft, agricultural or liberal activity, on an individual basis or as a business.
You must request renewal of your leave or re-employment by registered letter with AR: titleContent, at least 3 months before the end of your leave.
If you do not apply within this period, you are considered to have given up your employment.
The administration shall inform you without delay in writing of the consequences of your silence.
If you do not respond within 15 days, your contract is terminated automatically and without compensation at the end of the leave.
You can request the early termination of your leave by registered letter with AR: titleContent, at least 3 months in advance.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, you can be re-employed as soon as the administration receives your request.
Whether you apply for early or scheduled reinstatement, you are reassigned to your previous job or to a similar job with equivalent pay.
Warning
If you are recruited on a project contract, you cannot take the company creation leave.
Competition Preparation Leave
You may be granted leave without pay at your request if you are eligible to participate in a public service entrance examination.
It can also be training for access to one of the following jobs:
- Military employment
- Employment as an officer of the parliamentary assemblies
- Magistrate of the Judiciary
- International civil service employment
This leave may also be granted for a probationary period or a period of schooling prior to appointment to one of these jobs.
Such leave shall be granted for the duration of the preparatory cycle, traineeship or schooling.
It shall be renewed automatically when those periods are extended.
If, at the end of the course, you are confirmed, your contract is automatically terminated without compensation or notice.
If you are not tenured or successful in the competition, you are re-employed on your previous job or on a similar job with equivalent pay.
If you are on fixed-term contracts, this re-employment applies for the remainder of your contract.
Warning
If you are recruited on a project contract or to deal with a temporary or seasonal increase in activity, you cannot benefit from this leave.
Other Vacations
You can benefit, possibly subject to seniority conditions and subject to service requirements, of the following leave:
- Leave for union training
- Vocational training leave
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Period of professionalization
- Representation leave
- Citizenship Leave
- Training leave on hygiene, safety and working conditions of up to 5 days if you are a staff representative on the Social Committee
- Parental Leave
- Unpaid leave of up to 6 weeks to travel overseas or abroad to adopt one or more children
- Family Solidarity Leave
- Parental leave
- Unpaid leave of up to 15 days per year for family reasons
- Caregiver leave
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Making available
If you are on a DTA, you can be made available with your approval.
Mobility leave
General case
If you are in DTA: titleContentHowever, you can apply for mobility leave if you are recruited by another public employer who cannot recruit you immediately on a permanent contract.
Such unpaid leave shall be granted if service requirements allow it.
It is granted for a maximum of 3 years renewable, up to a maximum of 6 years in total.
You must apply to your home administration for the renewal of your leave or your re-employment by registered letter with AR: titleContent, at least 2 months before the end of your leave.
If you do not apply within this period, you are considered to have given up your employment and are not entitled to any compensation.
If you apply for re-employment, you are reassigned to your previous job or to a similar job with equivalent pay.
When, during or at the end of the maximum period of 6 years, you are offered a DTA by your host administration, you must resign from your home administration.
You can benefit from a new mobility leave provided that you return to your duties for at least 3 years.
Mobility on a State management job
You can apply for mobility leave if you are recruited into a government management position.
In this case, mobility leave may not be refused.
Mobility leave can be granted to you whether you are on a permanent or permanent contract.
At the end of the leave or if you leave for non-disciplinary reasons, you are re-employed on your previous or equivalent job.
If you are on a fixed-term contract, this re-employment applies for the remaining contract period.
Please note
If you are recruited on a fixed-term contract on a project contract, you cannot benefit from mobility leave to take up a position as a director of the State.
If you were recruited because of the nature of your duties or the needs of the services, renewal of your contract is only possible if you do not have an application for a civil servant matching the profile sought.
Your contract can only be renewed by written decision of the administration.
If you have been recruited on a renewable contract, the administration must inform you of its decision whether or not to renew it within a time limit of advance notice.
The lead time depends on the duration of your previous contract(s):
- 8 days when the duration of the previous contract is less than 6 months
- 1 month where the duration of the previous contract is equal to or greater than 6 months and less than 2 years
- 2 months where the duration of the previous contract is 2 years or more
- 3 months in the event of DTA: titleContent
To calculate the duration of the advance notice period, all your contracts (not just the last contract) are taken into account.
In case of interruption between 2 contracts, the 2 contracts are taken into account if the interruption did not exceed 4 months and if it is not due to your resignation.
The notice period is counted from date to date from the end of the contract.
You must give your answer within 8 days.
If you refuse the renewal of your contract, you are considered to be involuntarily deprived of employment if your refusal is based on one of the following grounds:
- Legitimate ground for personal considerations
- Or substantial modification of your contract not justified by the administration
In this case, you are entitled to unemployment benefits.
In the absence of a decision by the administration at the end of a CSD: titleContent, your continued employment gives rise to a new CSD.
The term of this new contract is the term of the original contract or a term agreed between you and your administration.
Warning
If you are employed on a project contractHowever, the notice period is different.
At the end of your contract, the administration will issue you a certificate that contains only the following statements:
- Date of your recruitment and termination date
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave which do not constitute periods of actual work
When the duration of your contract, including renewal, has not exceeded 1 year, you can benefit, under certain conditions, from a termination indemnity commonly called precarious allowance.
Territorial (FPT)
All job offers are published on the website Choosing the public service.
It states that the job in question is open to contract workers.
The vacancy notice or job creation notice shall be accompanied by a job card which shall contain, in particular, the following information:
- Missions of the post
- Qualifications required to perform the duties
- Expected Skills
- Operating conditions and, where applicable, subjects job-related particulars
- Legal basis for opening up employment to a contractor
The job card also lists the documents needed to apply and the application deadline.
The deadline for application may not be less than 1 month from the date of publication of the vacancy notice or of the creation of the post.
The administration shall acknowledge receipt of each application.
Shortlisted candidates shall be invited to one or more recruitment interviews.
The recruitment interview(s) shall be conducted by one or more persons from the recruiting administration.
Information about the ethical obligations of the public official is provided to you.
You're hired on a written contract.
Your agreement contains the following information:
- Legislative provision and, if applicable, paragraph, under which you are recruited
- Identity of the parties
- Your address and the address of your employer authority
- Contract Start Date and Duration
- Position occupied and hierarchical category to which he reports
- Place(s) of work or, if you do not have a fixed or principal place, indication that the duties are performed at more than one place and, where the duties are performed abroad, indication of the State(s) in which they are performed
- Amount of your remuneration, components, periodicity, conditions of payment.
- Conditions of employment (working time, special subjects ...)
- Your rights and obligations
If your community has adopted a document summarizing all the service instructions applicable to contract agents, it is appended to your contract.
Your contract also includes a clear definition of the reason for recruitment, when it is concluded for one of the following reasons:
- Temporary replacement of absent agent
- Temporary vacancy
- Temporary or seasonal increase in activities
If you are recruited to fill a temporary vacancy pending the recruitment of an official, the exact job description is attached to your contract.
Work certificates issued by previous territorial public authorities and institutions are attached to your contract.
If you are recruited on a project contract, your contract must contain the following additional clauses:
- Project description and expected duration
- Definition of the tasks to be performed for which the contract is concluded
- A precise description of the objective event or result that will determine the termination of the contract and the conditions for evaluating and monitoring that result
- Potential for early disruption by your employer community
- Right to payment of compensation for early termination of the contract
Your employer authority will provide you with essential information and rules relating to the performance of your duties.
Your contract may include a trial period.
The duration of the trial period shall be fixed by the administration within the following limits:
- Up to 1 working day per week of contract duration up to a maximum of 3 weeks for a CSD: titleContent less than 6 months
- Up to 1 working day per week of contract duration up to 1 month for a fixed term of less than 1 year
- Up to 1 working day per week of contract duration up to 2 months for a fixed term of less than 2 years
- Up to 1 working day per week of contract duration up to a maximum of 3 months for a CDD of 2 years or more
- Up to 1 working day per week of contract duration up to a maximum of 3 months for a DTA: titleContent
The trial period may be repeated once for a period not exceeding its initial duration.
The duration of the trial period and the possibility of renewal shall be specified in the contract.
No notice is required when either party wishes to terminate the contract during or at the end of the trial period.
No probationary period can be provided if your contract is entered into or renewed by the same community to perform the same duties or perform the same job as before.
Please note
If you are recruited on a functional managerial job, the probationary period can be 6 months.
Your remuneration is set by the administration.
In particular, it shall take into account the following:
- The functions you occupy
- The qualification required to exercise them
- Your qualification
- Your experience
Your compensation can take into account your professional results and the collective results of your service.
It consists of a index treatment and possibly a residence allowance, a family treatment supplement and bonuses and allowances.
If you are in DTA: titleContent, your remuneration is reassessed at least every 3 years, especially in view of the results of your annual professional interviews or the evolution of your functions.
Your pay is also reassessed at least every 3 years, if you are employed in CSD: titleContent with the same community for the following reasons:
- Lack of a civil service post office to perform the related functions
- Recruitment justified by the nature of the duties or the needs of the services
- Work in a municipality of less than 1 000 inhabitants or in a group of municipalities of less than 15 000 inhabitants
- Take up employment in a new municipality resulting from the merger of municipalities with less than 1 000 inhabitants, for 3 years after the creation of the new municipality or up to 1er renewal of municipal council
- Work in a non-full-time job with a working time of less than 17 hours 30
- To work in a municipality of less than 2 000 inhabitants or in a group of municipalities of less than 10 000 inhabitants, the creation or removal of which depends on the decision of an authority which is binding on the community
You must have completed the 3-year period on an ongoing basis.
If you are recruited on a project contract, your remuneration may be reassessed during the contract, especially in view of the results of the annual professional interview.
On presentation of a medical certificate, you are placed in sick leave.
In case of a serious condition requiring prolonged treatment and care, you can be placed in leave of absence due to serious illness.
Accident at work In the event of an occupational illness or illness, you are granted leave for the entire period of incapacity for work until your recovery is complete or consolidation of your injury.
In case of pregnancy or adoption, you receive a maternity leave or of adoption, or a leave of 3 days of birth or for adoption and a paternity and childcare leave.
Annual leave
You are entitled to a annual leave under the same conditions as civil servants.
At the end of a CDD, if you have not been able to take all or part of your vacation leave, due to service requirements, you are entitled to leave compensation.
The same shall apply in the case of dismissal, except in the case of dismissal for disciplinary reasons.
The gross amount of the leave allowance shall be equal to 10e of the total gross remuneration you received during your period of employment, between 1er January and December 31 of the current year.
The amount 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 if you had taken your leave.
The compensation is subject to the same conditions contributions than your remuneration.
Family leave
If you have been employed for more than one year, you are entitled, at your request, to leave without pay for one of the following reasons:
- Raising a child under the age of 12
- Providing care to a dependent child, your 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
- Follow your spouse or partner of Civil partnerships: titleContent forced to move for professional reasons
This leave shall be granted for a maximum period of 3 years.
It may be renewed if the conditions for obtaining it are still fulfilled.
It is granted within a maximum of 2 months from the receipt of your request.
However, in the case of leave to provide care to a loved one, the leave begins on the date of receipt of your request. in the case of an emergency related to the state of health of the injured, sick or disabled person.
You must request renewal of your leave or reinstatement by registered letter with AR: titleContent, at least 3 months before the end of your leave.
If you do not apply within this period, you are supposed to give up your job.
The administration informs you without delay by registered letter with AR: titleContent the consequences of your silence.
If you do not respond within 15 days, your contract is terminated automatically and without compensation at the end of your leave.
You can request the early termination of your leave by registered letter with AR: titleContent, at least 3 months in advance.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, reintegration may take place as soon as the administration receives your request.
Whether you apply for early or scheduled reinstatement, you are reassigned to your previous job or to a similar job with equivalent pay.
Leave for personal reasons
If you are in DTA: titleContent, you can take unpaid leave for personal reasons if service requirements allow it.
You must not have been granted a company creation leave or a vocational training leave of at least 6 months within the 6 years preceding your application.
Leave for personal reasons is granted for a maximum of 5 years, renewable, up to a maximum of 10 years for all your contracts in the public service.
The initial request for leave must be sent to the administration by registered letter with AR: titleContent at least 2 months before the start of the leave.
You must request renewal of your leave or re-employment by registered letter with AR: titleContent, at least 3 months before the end of your leave.
If you do not apply within this period, you are supposed to give up your job.
The administration informs you without delay by registered letter with AR: titleContent the consequences of your silence.
If you do not respond within 15 days, your contract is terminated automatically and without compensation at the end of your leave.
You can request the early termination of your leave by registered letter with AR: titleContent, at least 3 months in advance.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, re-employment may take place as soon as the administration receives your request.
Whether you apply for early or scheduled re-employment, you are reassigned to your previous job or to a similar job with equivalent pay.
Leave to Create a company
You can take unpaid leave to start or resume a company.
Such leave shall be granted subject to service requirements and the compatibility of the company’s planned activity with the functions performed in the previous 3 years.
The duration of this leave is one year renewable once.
The request for leave must be sent to the administration at least 2 months before the start of the leave by registered letter with AR: titleContent.
It should indicate the start date and the amount of time you want to take off, and the nature of the company activity you plan to start or resume.
Leave may be granted for the creation or resumption of an economic, industrial, commercial, craft, agricultural or liberal activity, on an individual basis or as a business.
You must request renewal of your leave or re-employment by registered letter with AR: titleContent, at least 3 months before the end of your leave.
If you do not apply within this period, you are supposed to give up your job.
The administration informs you without delay by registered letter with AR: titleContent the consequences of your silence.
If you do not respond within 15 days, your contract is terminated automatically and without compensation at the end of your leave.
You can request the early termination of your leave by registered letter with AR: titleContent, at least 3 months in advance.
However, in the event of serious grounds, in particular in the event of a reduction in household income, re-employment may take place as soon as the administration receives your request.
Whether you apply for early or scheduled re-employment, you are reassigned to your previous job or to a similar job with equivalent pay.
Competition Preparation Leave
If you are recruited on a permanent job, you are granted leave without pay at your request if you are admitted to a preparatory cycle for a competition for admission to the public service.
It may also be training for access to military employment, to employment as an officer of the parliamentary assemblies or as a magistrate of the judiciary.
It may also be training for access to international civil service employment.
This leave may also be granted for a probationary period or a period of schooling prior to appointment to one of these jobs.
Such leave shall be granted for the duration of the preparatory cycle, traineeship or schooling.
It shall be renewed automatically when those periods are extended.
If, at the end of the course, you are confirmed, your contract is automatically terminated without compensation or notice.
If you are not tenured, you are re-employed on your previous job or on a similar job with equivalent pay.
The same applies if you are not admitted to the competition at the end of the preparatory cycle.
If you are on a fixed-term contract, this re-employment applies for the remaining contract period.
Other Vacations
You can benefit, possibly subject to seniority conditions and subject to service requirements, of the following leave:
- Leave for union training
- Vocational training leave
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Representation leave for a representative of an association which may be combined with leave for union training up to a maximum of 12 working days per year
- Parental Leave
- Unpaid leave of up to 6 weeks to travel overseas or abroad for the adoption of one or more children
- Family Solidarity Leave
- Parental leave
- Unpaid leave of up to 15 days per year for certain family events
- Leave to carry out a period of activity in the operational reserve, the civil security reserve or the health reserve or to carry out functions of preparation and management of the cohesion stays of the national universal service
- Leave to participate in the activities of youth and popular education organizations, federations and accredited sports associations
- Caregiver leave
Making available
If you are on CD, you can be made available with your approval.
Mobility leave
If you are in DTA: titleContentHowever, you can apply for mobility leave if you are recruited by another public employer who cannot initially recruit you on a permanent contract.
Such unpaid leave shall be granted, if service requirements allow for up to 3 years renewable, up to a maximum of 6 years in total.
You must ask your home administration to renew your leave or re-use, by registered letter with AR: titleContent, at least 2 months before the end of your leave.
If you do not apply within this period, you are supposed to give up your job and are not entitled to any compensation.
If you apply for re-employment, you are reassigned to your previous job or to a similar job with equivalent pay.
When, during or after the maximum period of 6 years, you are offered a DTA by your host administration that you accept, you must resign from your home community.
You can benefit from a new mobility leave provided that you have taken up your duties for at least 3 years.
When your recruitment is motivated by the nature of your duties or the needs of the services, renewal of your contract is possible only in the absence of a relevant application for a civil servant.
Your contract can only be renewed by written decision of the administration.
If you have been recruited on a renewable contract, the administration must inform you of its decision whether or not to renew it within a time limit of advance notice.
The notice period depends on the duration of the previous contract(s):
- 8 days when the duration of the previous contract is less than 6 months
- 1 month where the duration of the previous contract is equal to or greater than 6 months and less than 2 years
- 2 months where the duration of the previous contract is 2 years or more
- 3 months in the case of a transfer to a DTA
These periods are doubled, up to a maximum of 4 months if you are disabled and if you have previously informed your administration.
To calculate the duration of the advance notice period, all your contracts (not just your last contract) are taken into account.
And in case of interruption between 2 contracts, the 2 contracts are taken into account if the interruption did not exceed 4 months and if it is not due to your resignation.
The notice period is counted from date to date from the end of your contract.
The notification the decision must be preceded by an interview when your contract is likely to be renewed on a DTA.
It must also be preceded by an interview when the duration of your contract or successive contracts is greater than or equal to 3 years.
You must give your answer within 8 days.
If you refuse to renew your contract, you are considered to be involuntarily deprived of employment and entitled to unemployment benefits if your refusal is justified by a legitimate reason linked to personal considerations or a substantial modification of your contract not justified by the administration.
The absence of a decision by the administration at the end of a CSD: titleContent and your continued service creates a new CSD.
The term of this new contract is the term of your original contract or a term agreed between you and your administration.
At the end of your contract, the administration will issue you a certificate that contains only the following statements:
- Date of your recruitment and termination date
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave which do not constitute periods of actual work
When the duration of your contract, including renewal, has not exceeded 1 year, you can benefit, under certain conditions, from a termination indemnity commonly called precarious allowance.
A project contract with a duration of less than 6 years may be renewed up to a maximum of 6 years if the project is not completed by the end of the initial contract duration.
The administration informs you of its intention to renew your contract by registered letter with AR: titleContent or hand delivery against signature within the following period:
- At least 2 months before the end of your contract if you have been recruited for a period of 3 years or less
- At least 3 months before the end of your contract if you have been recruited for more than 3 years
You have 8 days to make your answer known.
If no reply is received within this period, you shall be deemed to have given up your employment.
At the end of the project, you are informed of the end of your contract by registered letter with AR: titleContent or hand delivery against signature within the following period:
- At least 2 months before the end of your contract if you have been recruited for a period of 3 years or less
- At least 3 months before the end of your contract if you have been recruited for more than 3 years
The project contract may be terminated early by the employer, after at least 1 year from the contract start date if the project cannot be completed.
It may also be terminated early if the project result is achieved before the end of the contract.
You will then be informed of the early termination of your contract within the following period:
- At least 2 months before the end of your contract if you have been recruited for a period of 3 years or less
- At least 3 months before the end of your contract if you have been recruited for more than 3 years
And you are entitled to compensation equal to 10% of your total remuneration received at the early termination date of your contract.
Hospital (FPH)
All job offers are published on the website Choosing the public service.
It states that the job in question is open to contract workers.
The vacancy notice or job creation notice shall be accompanied by a job card which shall contain, in particular, the following information:
- Missions of the post
- Qualifications required to perform the duties
- Expected Skills
- Operating conditions and, where applicable, subjects job-related particulars
- Legal basis for opening up employment to a contractor
The job card also lists the documents needed to apply and the application deadline.
The deadline for application may not be less than 1 month from the date of publication of the vacancy notice or of the creation of the post.
The administration shall acknowledge receipt of each application.
Shortlisted candidates shall be invited to one or more recruitment interviews.
The recruitment interview(s) shall be conducted by one or more persons from the recruiting administration.
Information about the ethical obligations of the public official is provided to you.
You're hired on a written contract.
Your agreement contains the following information:
- The legislative provision under which you are recruited
- Identity of the parties
- Your address and the address of your employer authority
- Contract Start Date and Duration
- Position occupied and hierarchical category to which he reports
- Place(s) of work or, if you do not have a fixed or principal place, indication that the duties are performed at more than one place and, where the duties are performed abroad, indication of the State(s) in which they are performed
- Amount of your remuneration, components, periodicity, conditions of payment.
- Conditions of employment (working time, special subjects ...)
- Your rights and obligations
Your contract also includes a clear definition of the reason for recruitment, when it is concluded for one of the following reasons:
- Temporary replacement of absent agent
- Temporary vacancy
- Temporary or seasonal increase in activities
If you are recruited to fill a temporary vacancy pending the recruitment of an official, the exact job description is attached to your contract.
If you are recruited on a project contract, the contract must contain the following additional clauses:
- Project description and expected duration of the project
- Definition of the tasks to be performed for which the contract is concluded
- A precise description of the objective event or result that will determine the termination of the contract and the conditions for evaluating and monitoring that result
- Possibility of early termination by the employer
- Right to payment of compensation for early termination of the contract
Your employer authority will provide you with essential information and rules relating to the performance of your duties.
Your contract may include a trial period.
The duration of the trial period shall be fixed by the administration within the following limits:
- Up to 1 working day per week of contract duration up to a maximum of 3 weeks for a CSD: titleContent less than 6 months
- Up to 1 working day per week of contract duration up to 1 month for a fixed term of less than 1 year
- Up to 1 working day per week of contract duration up to 2 months for a fixed term of less than 2 years
- Up to 1 working day per week of contract duration up to a maximum of 3 months for a CDD of 2 years or more
- Up to 1 working day per week of contract duration up to a maximum of 4 months for a DTA: titleContent
It may be renewed once for a maximum duration equal to its initial duration.
The duration of the trial period and the possibility of renewal shall be specified in the contract.
No notice is required if either party wishes to terminate the contract during or after the trial period.
No probationary period can be provided if your contract is concluded or renewed by the same institution to perform the same functions or perform the same job as before.
Your remuneration is set by the administration.
In particular, it shall take into account the following:
- The functions you occupy
- The qualification required to exercise them
- Your qualification
- Your experience
It can take into account your professional results and the collective results of your service.
It consists of a index treatment and possibly a residence allowance, a family treatment supplement and bonuses and allowances.
If you are in DTA: titleContent, your remuneration is reassessed at least every 3 years, especially in view of the results of your annual professional interviews or the evolution of your functions.
If you are in CSD: titleContent, it shall be reassessed in the same way, provided that the three-year period has been completed without interruption and at the same employing establishment.
If you are recruited on a project contract, your remuneration may be reassessed during the contract, especially in view of the results of the annual professional interview.
On presentation of a medical certificate, you are placed in sick leave.
In case of a serious condition requiring prolonged treatment and care, you can be placed in leave of absence due to serious illness.
Accident at work In the event of an occupational illness or illness, you are granted leave for the entire period of incapacity for work until your recovery is complete or consolidation of your injury.
In case of pregnancy or adoption, you receive a maternity leave or of adoption or a leave of 3 days of birth or for adoption and a paternity and childcare leave.
Annual leave
You are entitled to a annual leave under the same conditions as civil servants.
At the end of a CDD, if you have not been able to take all or part of your vacation leave, due to service requirements, you are entitled to leave compensation.
The same shall apply in the case of dismissal, except in the case of dismissal for disciplinary reasons.
The gross amount of the leave allowance shall be equal to 10me of the total gross remuneration you received during your period of employment, between 1er January and December 31 of the current year.
The amount 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 if you had taken your leave.
The compensation is subject to the same conditions contributions than your remuneration.
Family leave
If you have been employed for more than one year, you are entitled, at your request, to leave without pay for one of the following reasons:
- Raising a child under the age of 12
- Provide care to a dependent child, your spouse, your partner of Civil partnerships: titleContent or your partner, to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Follow your spouse, your partner of Civil partnerships: titleContent or your partner is forced to move for work reasons
This leave shall be granted for a maximum period of 3 years.
It may be renewed if the conditions for obtaining it are still fulfilled.
It is granted within a maximum of 2 months from the receipt of your request.
However, in the case of leave to provide care to a loved one, the leave begins on the date of receipt of your request. in the case of an emergency related to the state of health of the injured, sick or disabled person.
You must request renewal of your leave or reinstatement by registered letter with AR: titleContent, at least 3 months before the end of your leave.
If you do not apply within this period, you are supposed to give up your job.
The administration will then inform you immediately in writing of the consequences of your silence.
If you do not respond within 15 days, your contract is terminated automatically and without compensation at the end of your leave.
You can request the early termination of your leave by registered letter with AR: titleContent, at least 3 months in advance.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, reintegration may take place as soon as the administration receives your request.
Whether you apply for early or scheduled reinstatement, you are reassigned to your previous job.
If this is not possible, you are dismissed and have priority for re-employment in your institution to perform similar duties with equivalent remuneration.
Leave for personal reasons
If you are in DTA: titleContent, you can take unpaid leave for personal reasons if service requirements allow it.
You must not have been granted a company creation leave or a vocational training leave of at least 6 months within the 6 years preceding your application.
Leave for personal reasons is granted for a maximum of 3 years, renewable, up to a maximum of 10 years for all your contracts in the public service.
The initial request for leave must be sent to the administration by registered letter with AR: titleContent at least 2 months before the start of the leave.
You must request renewal of your leave or re-employment by registered letter with AR: titleContent, at least 3 months before the end of your leave.
If you do not apply within this period, you are supposed to give up your job.
The administration will then inform you immediately in writing of the consequences of your silence.
If you do not respond within 15 days, your contract is terminated automatically and without compensation at the end of your leave.
You can request the early termination of your leave by registered letter with AR: titleContent, at least 3 months in advance.
However, in the event of serious reasons, in particular in the event of a reduction in your household's income, your re-employment may take place as soon as the administration receives your request.
Whether you apply for early or scheduled re-employment, you are reassigned to your previous job.
If this is not possible, you are dismissed and have priority for re-employment in your institution to perform similar duties with equivalent remuneration.
Leave to Create a company
You can take unpaid leave to create or resume a company if service requirements allow it.
The duration of this leave is one year renewable once.
The request for leave must be sent to the administration at least 2 months before the start of the leave by registered letter with AR: titleContent or hand delivery against signature.
It should indicate the start date and the desired amount of time off, and the nature of the activity for the company you plan to start or resume.
Leave may be granted for the creation or resumption of an economic, industrial, commercial, craft, agricultural or liberal activity, on an individual basis or as a business.
You must request renewal of your leave or re-employment by registered letter with AR: titleContent, at least 3 months before the end of your leave.
If you do not apply within this period, you are supposed to give up your job.
The administration will then inform you immediately in writing of the consequences of your silence.
If you do not respond within 15 days, your contract is terminated automatically and without compensation at the end of your leave.
You can request the early termination of your leave by registered letter with AR: titleContent, at least 3 months in advance.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, re-employment may take place as soon as the administration receives your request.
Whether you apply for early or scheduled re-employment, you are reassigned to your previous job.
If this is not possible, you are dismissed and have priority for re-employment in your institution to perform similar duties with equivalent remuneration.
Please note
If you are recruited on a project contract, you cannot take the company creation leave.
Competition Preparation Leave
If you are recruited on a permanent job, you are granted leave without pay at your request if you are admitted to a preparatory cycle for a competition for admission to the public service.
It may also be training for access to military employment, to employment as an officer of the parliamentary assemblies or as a magistrate of the judiciary.
It may also be training for access to international civil service employment.
This leave may also be granted for a probationary period or a period of schooling prior to appointment to one of these jobs.
Such leave shall be granted for the duration of the preparatory cycle, traineeship or schooling.
It shall be renewed automatically when those periods are extended.
If, at the end of the course, you are confirmed, your contract is automatically terminated without compensation or notice.
If you are not tenured, you are re-employed on your previous job.
If this is not possible, you are dismissed and have priority for re-employment in your institution to perform similar duties with equivalent remuneration.
The same applies if you are not admitted to the competition at the end of the preparatory cycle.
If you are on a fixed-term contract, this re-employment applies for the remaining contract period.
Please note
If you are recruited on a fixed-term contract on a project contract, you cannot benefit from a preparation leave for a competition.
Other Vacations
You can benefit, possibly subject to seniority conditions and subject to service requirements, of the following leave:
- Leave for union training
- Vocational training leave
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Representation leave cumulable with leave for union training up to a maximum of 12 working days per year
- Parental Leave
- Unpaid leave of up to 6 weeks to travel overseas or abroad for the adoption of one or more children
- Family Solidarity Leave
- Parental leave
- Unpaid leave of 15 working days maximum per year for family reasons
- Leave to participate in the activities of youth and popular education organizations, federations and accredited sports associations
- Caregiver leave
Making available
If you are on a DTA, you can be made available with your approval.
Mobility leave
If you are in DTA: titleContentHowever, you can apply for mobility leave if you are recruited by another public employer who cannot initially recruit you on a permanent contract.
Such unpaid leave shall be granted, if service requirements allow for up to 3 years renewable, up to a maximum of 6 years in total.
You must ask his/her home administration to renew your leave or your re-employment, by registered letter with AR: titleContent, at least 2 months before the end of your leave.
If you do not apply within this period, you are supposed to give up your job and are not entitled to any compensation.
If you apply for re-employment, you are reassigned to your previous job.
If this is not possible, you are dismissed and have priority for re-employment in your institution to perform similar duties with equivalent remuneration.
When, during or at the end of the maximum period of 6 years, you are offered a DTA by your host administration that you accept, you must resign from your home institution.
You can benefit from a new mobility leave provided that you have taken up your duties for at least 3 years.
If your recruitment is motivated by the nature of your duties or the needs of the services, renewal of your contract is possible only in the absence of a relevant application for a civil servant.
Your contract can only be renewed by written decision of the administration.
If you have been recruited on a renewable contract, the administration must inform you of its decision whether or not to renew it within a time limit of advance notice.
The notice period depends on the duration of the previous contract(s):
- 8 days when the duration of the previous contract is less than 6 months
- 1 month where the duration of the previous contract is equal to or greater than 6 months and less than 2 years
- 2 months where the duration of the previous contract is 2 years or more
- 3 months in case of a transfer to a DTA.
To calculate the duration of the advance notice period, all your contracts (not just the last contract) are taken into account.
And in case of interruption between 2 contracts, the 2 contracts are taken into account if the interruption did not exceed 4 months and if it is not due to your resignation.
The notice period is counted from date to date from the end of your contract.
The notification the decision must be preceded by an interview when your contract is likely to be renewed on a DTA.
It must also be preceded by an interview when the duration of your contract or successive contracts is greater than or equal to 3 years.
You must give your answer within 8 days.
If you refuse to renew your contract, you are considered to be involuntarily deprived of employment and entitled to unemployment benefits if your refusal is justified by a legitimate reason linked to personal considerations or a substantial modification of your contract not justified by the administration.
The absence of a decision by the administration at the end of a CSD: titleContent and your continued service creates a new CSD.
The term of this new contract is the term of your original contract or a term agreed between you and your administration.
At the end of your contract, the administration will issue you a certificate that contains only the following statements:
- Date of your recruitment and termination date
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave which do not constitute periods of actual work
When the duration of your contract, including renewal, has not exceeded 1 year, you can benefit, under certain conditions, from a termination indemnity commonly called precarious allowance.
A project contract with a duration of less than 6 years may be renewed up to a maximum of 6 years if the project is not completed by the end of the initial contract duration.
The administration informs you of its intention to renew your contract by registered letter with AR: titleContent or hand delivery against signature within the following period:
- At least 2 months before the end of your contract if you have been recruited for a period of 3 years or less
- At least 3 months before the end of your contract if you have been recruited for more than 3 years
You have 8 days to make your answer known.
If no reply is received within this period, you shall be deemed to have given up your employment.
At the end of the project, you are informed of the end of your contract by registered letter with AR: titleContent or hand delivery against signature within the following period:
- At least 2 months before the end of your contract for a staff member if you are recruited for a period of up to 3 years
- At least 3 months before the end of your contract if you are recruited for a period of more than 3 years
The project contract may be terminated early by the employer, after at least 1 year from the contract start date if the project cannot be completed.
It may also be terminated early if the project result is achieved before the end of the contract.
You will then be informed of the early termination of his contract within the following period:
- At least 2 months before the end of your contract for a staff member recruited for a period of up to 3 years,
- At least 3 months before the end of the contract for staff recruited for a period exceeding 3 years.
And you are entitled to compensation equal to 10% the total remuneration you received on the anticipated termination date of your contract.
Your contract is automatically terminated in the following situations:
- Non-renewal of a residence permit
- disqualification from civil rights
- Prohibition of public employment by a judge
But you can ask your employer administration to be re-employed if a new residence permit is issued, at the end of the period of deprivation of civil rights or prohibition from holding public office.
- Civil Service Code: Article L711-1 to L711-2
- Civil Service Code: Articles L 713-1 to L713-2
- Civil Service Code: Articles L829-1 to L829-2
- Decree No. 86-83 of 17 January 1986 on contract agents of the EPF
- Decree No. 88-145 of February 15, 1988, on non-incumbent FPT agents
- Decree No. 91-155 of 6 February 1991 on contract agents of the FPH
- Circular of 20 October 2016 on general provisions applicable to contract agents of the State (PDF - 1.5 MB)