Precarious pay: is a public service contractor entitled to it?

Verified 01 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, since 1er january 2021, a termination indemnity, called precarious premiummay be paid to you, in certain cases and under certain conditions, at the end of your contract in the public service. The Precariousness Premium is only granted if your contract has been concluded after 1er January 2021.

The rules differ depending on whether you are in the State (SOE) or Territorial (FPT) Public Service or Hospital (HPF) Public Service.

EPF

You can receive the termination benefit if you have been recruited after 1er january 2021 for one of the following reasons :

  • Absence of staff capable of performing the functions sought
  • Recruitment justified by the nature of the duties or the needs of the services (duties requiring specialized or new technical skills, absence of applications from officials with the professional expertise or experience appropriate to the tasks to be performed)
  • Work in a job that does not require statutory training leading to tenure in a body
  • Work on an incomplete job with a work week of less than 24 hours 30 hours
  • Temporary replacement of an official or a member of the contract staff on part-time or leave (annual, sickness, maternity, etc.)
  • Dealing with a temporary vacancy pending the recruitment of a public servant
  • Dealing with a temporary increase in activity
  • Work in a State public institution
  • Work as teaching and hospital staff at a hospital and university center
  • Work as an education assistant or boarding school teacher or day school supervisor

In order for termination pay to be awarded, the 2 conditions the following must be completed:

  • The duration of your contract, renewal included, must be up to 1 year
  • Your gross compensation global average over time total your contract, renewal included, must be less than or equal €3,603.60 per month. This ceiling shall be prorated in the case of part-time or incomplete time.

Termination benefit is not paid in the subsequent cases :

  • At the end of your contract, you are appointed as a probationary officer or student following your success in a competition
  • At the end of your contract, you benefit from the renewal of your contract or the conclusion of a new contract in CSD: titleContent or DTA: titleContent in the State civil service. The concept of a new CSD should be understood as a new CSD which does not fall within the scope of the termination indemnity, it must therefore be longer than 1 year

Any waiting period between your initial contract and your new contract in the State Public Service allows you to benefit the payment of the termination indemnity under your original contract.

Example :

Case 1: you have a fixed term of less than 1 year in a department X and then benefit from a CDD of one year or more or a CDI in another State civil service administration, without waiting period : You do not receive termination benefit under your contract with Department X

Case 2: you have a fixed term of less than 1 year in a Ministry X and then receive a fixed term of any duration, or a fixed term of employment in another State civil service administration, with a waiting period greater than or equal to 1 day: you receive termination benefit under your contract with department X

Case 3: you have a fixed term of less than 1 year in a department X and then receive a fixed term of any duration, or a fixed term of employment, in another administration of the territorial or hospital civil service without waiting period: you are entitled to the termination indemnity under your contract with Ministry X

If you refuse a CDD for more than 1 year or a CDI on different duties with a remuneration that is not at least equivalent to your previous contract, you receive the termination indemnity.

However, if you refuse a fixed term of more than 1 year or a fixed term on equivalent duties with remuneration at least equivalent to your previous contract, you do not receive the termination indemnity.

You also cannot collect the Precarious Employment Premium if your contract ends for any of the following reasons:

  • Resignation or dismissal
  • Non-renewal of your residence permit
  • Revocation of civil rights (i.e. no longer have the right to vote and to stand for election in France or in the country of which you are a national)
  • Prohibition of public employment by the judge

The amount of the termination indemnity is fixed at 10% of your total gross remuneration collected during the term of your contract, including renewal.

Total gross remuneration includes index salary, index salary supplement, residence allowance, family salary supplement and bonuses and allowances.

It does not include compensatory leave with pay or reimbursement of professional expenses.

The termination indemnity shall be subject to all social contributions. It is taxable on income.

Compensation shall be paid no later than 1 month after the end of the contract.

FPT

You can receive the termination benefit if you have been recruited after 1er january 2021 for one of the following reasons :

  • Lack of a cadre of civil servants capable of performing the functions sought
  • Recruitment justified by the nature of the duties or the needs of the services and where it is impossible to recruit an official
  • Work in a municipality with less than 1 000 inhabitants or in a group of municipalities with 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 a period of 3 years following the creation of the new municipality, possibly extended to 1er renewal of municipal council
  • 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 is compulsory at the deliberative assembly (for example, the employment of a specialized territorial agent of nursery schools - Atsem - the creation or removal of which depends on the decisions of the National Education to open or close classes)
  • Work in a non-full-time job of less than half-time
  • Temporary replacement of an official working part-time, on secondment or on standby for a maximum of 6 months, on secondment for the completion of a probationary period or on leave (annual, sickness, maternity, etc.)
  • Temporary replacement of a member of the contract staff on part-time or leave (annual, sickness, maternity, etc.)
  • Dealing with a temporary vacancy pending the recruitment of a public servant
  • Dealing with a temporary increase in activity

In order for the termination indemnity to be granted, the following 2 conditions must be met:

  • The duration of your contract, renewal included, must be up to 1 year
  • Your gross compensation global average over time total your contract, renewal included, must be less than or equal €3,603.60 per month. This ceiling shall be prorated in the case of part-time or non-full-time work.

Termination benefit is not paid in the subsequent cases :

  • At the end of your contract, you are appointed as a probationary officer or student following your success in a competition
  • At the end of your contract, you benefit from the renewal of your contract or the conclusion of a new contract in CSD: titleContent or DTA: titleContent in the territorial civil service. The concept of a new CSD should be understood as a new CSD which does not fall within the scope of the termination indemnity, it must therefore be longer than 1 year

Any waiting period between your initial contract and your new contract in the territorial public service allows you to benefit the payment of the termination indemnity under your original contract.

Example :

Case 1: you have a fixed term of less than 1 year in a community X and then benefit from a A fixed-term contract equal to or greater than one year or a fixed-term contract in another local authority in the territorial civil service, without waiting period : You do not receive termination benefit under your contract with Community X

Case 2: you have a fixed term of less than 1 year in a community X and then a fixed term of any duration, or a fixed term of employment in another community in the territorial public service, with a waiting period greater than or equal to 1 day: you receive termination benefit under your contract with community X

Case 3: you have a CDD of less than 1 year in a community X and then receive a CDD for any duration, or a CDI, in another administration of the State or hospital civil service without waiting period: you receive termination benefit under your contract with Collective X

If you refuse a CDD for more than 1 year or a CDI on different duties with a remuneration that is not at least equivalent to your previous contract, you receive the termination indemnity.

However, if you refuse a fixed term of more than 1 year or a fixed term on equivalent duties with remuneration at least equivalent to your previous contract, you do not receive the termination indemnity.

You also cannot collect the Precarious Employment Premium if your contract ends for any of the following reasons:

  • Resignation or dismissal
  • Non-renewal of your residence permit
  • Revocation of civil rights (i.e. no longer have the right to vote and to stand for election in France or in the country of which you are a national)
  • Prohibition of public employment by the judge

The amount of the termination indemnity is fixed at 10% of your total gross remuneration collected during the term of your contract, including renewal.

Total gross remuneration includes index salary, index salary supplement, residence allowance, family salary supplement and bonuses and allowances.

It does not include compensatory leave with pay or reimbursement of professional expenses.

The termination indemnity shall be subject to all social contributions. It is taxable on income.

Compensation shall be paid no later than 1 month after the end of the contract.

FPH

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You're a FPH contractor

Who is covered by the termination indemnity?

You can receive the termination benefit if you have been recruited from 1er january 2021 for one of the following reasons :

  • Recruitment on the basis of the nature of the functions or the needs of the services (absence of staff capable of performing the functions sought or functions newly taken over by the administration or requiring highly specialized technical knowledge)
  • Work in a non-full-time job of less than half-time
  • Temporary replacement of an official or a member of the contract staff on part-time or leave (annual, sickness, maternity, etc.)
  • Dealing with a temporary vacancy pending the recruitment of a public servant
  • Dealing with a temporary increase in activity
What are the conditions for receiving termination pay?

In order for termination pay to be awarded, the 2 conditions the following must be completed:

  • The duration of your contract, renewal included, must be up to 1 year
  • Your gross compensation global average over time total your contract, renewal included, must be less than or equal €3,603.60 per month. This ceiling shall be prorated in the case of part-time or non-full-time work.

Termination benefit is not paid in the following cases:

  • At the end of your contract, you are appointed as a probationary officer or student following your success in a competition
  • At the end of your contract, you benefit from the renewal of your contract or the conclusion of a new contract in CSD: titleContent or DTA: titleContent in the hospital civil service. The concept of a new CSD should be understood as a new CSD which does not fall within the scope of the termination indemnity, it must therefore be longer than 1 year

Any waiting period between your initial contract and your new contract in the hospital public service allows you to benefit the payment of the termination indemnity under your original contract.

Example :

Case 1: you receive a CDD of less than 1 year in an X institution and then receive a CDD of one year or more or a CDI in another hospital civil service establishment, without waiting period: you do not receive termination benefit under your contract with establishment X

Case 2: you have a CDD of less than 1 year in an X institution and then receive a CDD for any length of time, or a CDI in another hospital public service institution, with a waiting period greater than or equal to 1 day: you receive termination benefit under your contract with establishment X

Case 3: you have a CDD of less than 1 year in an institution X and then receive a CDD for any duration, or a CDI, in another administration of the State or territorial civil service without waiting period: you receive termination benefit under your contract with establishment X

If you refuse a CDD for more than 1 year or a CDI on different duties with a remuneration that is not at least equivalent to your previous contract, you receive the termination indemnity.

However, if you refuse a fixed term of more than 1 year or a fixed term on equivalent duties with remuneration at least equivalent to your previous contract, you do not receive the termination indemnity.

You also cannot collect the Precarious Employment Premium if your contract ends for any of the following reasons:

  • Resignation or dismissal
  • Non-renewal of your residence permit
  • Revocation of civil rights (i.e. no longer have the right to vote and to stand for election in France or in the country of which you are a national)
  • Prohibition of public employment by the judge
What is the termination indemnity amount?

The amount of the termination indemnity is fixed at 10% of your total gross remuneration collected during the term of your contract, including renewal.

Total gross remuneration includes index salary, index salary supplement, residence allowance, family salary supplement and bonuses and allowances.

It does not include compensatory leave with pay or reimbursement of professional expenses.

The termination indemnity shall be subject to all social contributions. It is taxable on income.

Compensation shall be paid no later than 1 month after the end of the contract.

You're a practitioner

You are entitled to termination pay if your CSD: titleContent does not continue with a DTA: titleContent.

The amount of the allowance shall be equal to 10% of your total gross remuneration received during your fixed-term contract.

It is paid at the end of your CDD at the same time as your last salary and appears on the corresponding salary slip.