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Termination of an official's post: accompaniment and reassignment
Verified 23 September 2020 - Directorate for Legal and Administrative Information (Prime Minister)
Municipality in which a public official's employment office is located
Spouse, partner of Civil partnerships, cohabiting partner, parent or partner (so-called "family caregivers") or person residing or having close and stable ties, who assists the elderly person regularly or frequently, in a non-professional capacity, to perform all or part of the acts or activities of daily life
An official whose post is terminated as a result of the restructuring of his department shall be provided with an accompanying measure. The purpose of this scheme is to enable the staff member to return to a job in the public or private sector. The arrangements vary according to the public service to which they belong.
What applies to you ?
State Civil Service (EPF)
Staff whose employment is terminated shall be reclassified under different conditions depending on whether the termination of their employment is part of a restructuring of the service or not. A service restructuring is a reorganization which leads to the elimination or merger of services with possible changes in geographical location. A restructuring of the service gives rise to a ministerial decree which establishes the scope of the services concerned and the duration of the restructuring.
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Service Restructuring
What's this about?
A staff member whose post is terminated and who cannot be reassigned by his administration to a vacant post shall be assisted in finding a new post.
This new assignment may be in the public service or in another public service or, at the request of the agent, in the private sector.
The technical committee shall be consulted on the conditions for implementing the accompanying arrangements.
Services concerned
The services concerned and the duration of the restructuring are fixed by ministerial decree.
Provision may also be made by ministerial decree for a restructuring of the officials of a corps.
The duration of the restructuring may not exceed 3 years.
Agents concerned
The benefit of reassignment and support is open to the permanent official and the contractual in DTA: titleContent.
Please note
the restructuring may concern only the officials of a corps.
The official trainee whose employment is terminated has no right to reclassification. He may be dismissed if the administration does not have a vacancy corresponding to his grade.
Redeployment of staff in the State civil service
An official whose post is terminated shall be reassigned to a vacancy in his grade in his department, in the department of administrative residence.
He may apply for a priority of change or detachment on any vacancy of his grade in his ministry or in a public establishment under the supervision of his ministry. Priority is then given to the entire national territory.
In the absence of a vacant post in his ministry, the official shall be accorded priority of assignment or secondment to another ministry or a public establishment. Priority shall then be given to the department or region of administrative residence.
The transfer or secondment of an official whose post is terminated shall take precedence over requests made by the official in one of the following situations:
- Employee separated from Civil partnership or partner for professional reasons
- Officials recognized as disabled
- Staff member with at least 5 years (at least 7 years for a police officer) of continuous service in a sensitive urban area
- An official who has demonstrated a center of his material and moral interests in an overseas collectivity or in New Caledonia.
An official who is the subject of an assignment or secondment decision shall, in advance, automatically receive personalized support.
The number of vacant posts which may be proposed in connection with the reassignment of staff whose posts are terminated shall be fixed each year by ministerial decree.
The decision on assignment or secondment shall be taken by the following authorities;
- for a head office official, by the director general of administration and the civil service after consulting the secretary-general of the department to which he is to be assigned,
- for another official, by the prefect of the region in which his administrative residence is situated, on a proposal from the regional platform for inter-ministerial support for human resources management, after consulting the head of department to which he is to be assigned.
Back-to-work support schemes
The staff member whose employment is terminated may benefit from the following:
- Personalized support in the development and implementation of a professional project
- Priority access to training
- Vocational transition leave, with the agreement of its administration, for a period of up to one year
- Made available to a private sector company or body for a maximum period of one year.
A staff member may benefit from these arrangements until the end of the restructuring period laid down by ministerial order.
Personalized support
Any staff member affected by a restructuring shall be informed, by any means, of the possibilities of personalized support which he may enjoy.
The personalized support includes, for each agent, the following 3 services:
- Information on job-finding arrangements and advice on how to get back into a job as part of a professional project
- Carrying out a review of his professional career
- Preparation of a professional project within a State, territorial or hospital administration or, at its request, to the private sector, and provision of information and advice, adapted to its skills and the availability of positions available in the short and medium term, in particular in the labor market.
Priority access to training
The staff member shall, by decision of his administration, have priority access to the training necessary for the implementation of his professional project.
Where the training envisaged is provided by his administration, the staff member shall automatically receive it.
Where more than one training offer meets the agent's request, his administration may decide to send him the training which it itself provides.
Where the training envisaged is not provided by the staff member's administration, the conditions for priority access to such training shall be specified by ministerial order. This Order may set funding ceilings.
The staff member shall justify his attendance at the training by forwarding the certificates drawn up by the training organization. He shall lose the benefit of his training if he ceases to follow it without legitimate cause.
Vocational transition leave
Vocational transition leave allows people to take a training or a training path in order to work in a new job in the public or private sector.
If the agent wishes to obtain a professional certification registered in the national register of professional qualifications (RNCP), the duration of the training shall be at least 120 hours. The same applies if the applicant wishes to obtain a block validation certificate or a certification or authorization registered in the specific register (RSCH).
If the staff member intends to set up or take over a company, the training period must be at least 70 hours to accompany and advise the staff member in his/her project.
Staff members applying for work transition leave shall automatically receive personalized support.
The request for leave must be made at least 60 days before the date of commencement of the training or the training course. The agent shall specify the following information:
- Nature of the course(s) he/she wishes to attend
- Duration of training course(s)
- Name of the organization providing them
- Professional objective pursued.
The administration examines the consistency of the leave request with the professional project, the relevance of the training for the implementation of this project and the employment prospects at the end of the training.
The administration shall inform the staff member of its reply in writing within 30 days of receipt of the request for leave. Reasons shall be given for any refusal. Failure to reply within the 30-day period is an implicit decision to refuse.
The benefit of the leave may be deferred in the interests of the service.
Work transition leave can be divided into months, weeks or days. It must be completed before the end of the restructuring period set by the Ministerial Order. However, this obligation shall not apply to staff members whose training commenced less than 12 months before the end of the restructuring period as a result of a postponement decided in the interests of the service.
The administration shall bear the costs of training, possibly up to a maximum. It can also support travel expenses of the agent.
If the professional project requires one or more training courses of a total duration of more than 12 months, the professional transition leave may be extended, at the request of the staff member, by a vocational leave for a maximum cumulative period of 3 years.
The staff member on leave for professional transition shall remain in activity position. The period of leave shall be treated as actual services in the body.
During the leave, the official shall keep his raw processing, the residence allowance and the family treatment supplement. He also perceives 80% of his compensation scheme received on the date of his leave.
The following factors shall not be taken into account in determining the compensation scheme adopted on the date of the leave:
- Reimbursement of expenses
- Allowances related to the organization of work and the actual exceeding of the work cycle
- Exceptional or occasional payments related to the assessment of how to serve
- Exceptional or occasional payments based on a single operative event
- Surcharges and indexing for overseas postings, unless the staff member undergoes overseas training
- Allowances paid for the exercise of ancillary activity.
The member of staff on leave shall forward, in accordance with a timetable agreed with his administration, the certificates from the training organization justifying his attendance. He loses the benefit of his leave if he ceases to take the training without legitimate cause.
Provision in the private sector
With a view to his retraining, a staff member may be placed at the disposal of a company or private-sector body.
The staff member shall be made available at the request of the staff member and after agreement by the host body or company, for a maximum period of one year.
The secondment agreement specifies that it is drawn up in connection with the conversion of a staff member whose post is abolished. It shall also specify the professional project of the staff member and the amount of remuneration and contributions reimbursed by the host body. This amount may not be less than 50% the gross monthly remuneration of the staff member made available.
Accompanying financial arrangements
The ministerial decree designating the services or body(ies) of officials restructured may provide that the staff concerned may benefit from the following elements of remuneration:
An official whose employment is terminated and who resigns may benefit from voluntary severance pay.
Specific provisions for officials holding a functional post
An official seconded to a functional post concerned by a service reorganization may be seconded for an extension of the maximum prescribed period. This extension may be granted until the discontinuance of his duties in connection with the reorganization of the service and for a maximum period of three years.
An official appointed to a new functional post shall retain, in his personal capacity, the benefit of the provisions governing his previous functional post concerning retirement, if they are more favorable. He shall retain the benefit of these provisions for a maximum of five years from the date of modification of his situation.
It also retains, for 5 years, all premiums and allowances and new index enhancement (NBI) relating to that previous employment.
An official whose duties are terminated and who is not appointed to a new functional post shall retain, in his personal capacity, the benefit of the provisions governing his previous functional post in respect of retirement, if they are more favorable. He shall retain the benefit of these provisions for a maximum of three years from the date of modification of his situation.
He also retains, for 3 years, all the premiums and allowances and the NBI relating to this former employment. After three years, his compensation plan and the NBI were cut in half.
Other situation
An incumbent staff member whose post is terminated outside of service restructuring shall be reassigned to a post in his original body, if necessary in provisional surplus.
Please note
a probationary official whose employment is terminated shall not be entitled to reclassification. He may be dismissed if the administration does not have a vacancy corresponding to his grade.
Territorial (FPT)
An employee whose employment is terminated shall be provided with a support mechanism by his community and the CNFPT: titleContent or the management center. This care ensures that he can continue his career while waiting for him to find a job.
The official incumbent benefits from the support device.
The official trainee whose employment is terminated may, at the applicant's request, be automatically re-entered on the list of suitable candidates.
The abolition of a post shall be subject to the prior opinion of the technical committee on the basis of a report submitted by the community.
The minutes of the Technical Committee meeting shall be forwarded to the Management Center. If the deletion relates to a job held by a student official of the NCTF, it is also forwarded to the NCTF.
A reduction in the number of hours worked per week in a non-full-time job does not constitute job loss if the following two conditions are met:
- The reduction in the number of hours shall not exceed 10%
- And the agent works at least 28 hours a week.
Community Ownership
The official shall be reclassified to a vacancy corresponding to his grade, or, with its agreement, in another employment context.
If no job can be offered to the grievor, he is kept in surplus for one year in his community. During this one-year period, the following measures shall be implemented:
- Any job created or vacant corresponding to his rank in the community is offered to him as a priority
- His community, the NCTF and the management center are looking at reclassification opportunities
- The possibility of detachment ordirect integration of an employee on an equivalent job from another job manager in his or her community is studied
- The possibilities of working in a job corresponding to his grade or an equivalent job in the three public services are examined.
Supported by the NCTF or the Management Center
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General case
At the end of the one-year surplus period, the staff member who has not found a new job is taken over by the management center.
During the period of taking charge, the official shall be placed under the authority of the management center.
He shall continue to be subject to the same rights and obligations as any official
The management center may entrust him with tasks, including in the framework of a making available, and shall propose to him any vacant post corresponding to his grade.
The official shall be kept informed of job openings and vacancies.
Administrator
At the end of the one-year surplus period, the employee who has not found a job is taken over by the NCTF.
During the period of care, the official is placed under the authority of the NCTF
He shall continue to be subject to the same rights and obligations as any official
The NCTF may entrust it with missions, including in the context of a making available, and shall propose to him any vacant post corresponding to his grade.
The official shall be kept informed of job openings and vacancies.
Chief Engineer
At the end of the one-year surplus period, the employee who has not found a job is taken over by the NCTF.
During the period of care, the official is placed under the authority of the NCTF
He shall continue to be subject to the same rights and obligations as any official
The NCTF may entrust it with missions, including in the context of a making available, and shall propose to him any vacant post corresponding to his grade.
The official shall be kept informed of job openings and vacancies.
Curator of Libraries and Heritage
At the end of the one-year surplus period, the employee who has not found a job is taken over by the NCTF.
During the period of care, the official is placed under the authority of the NCTF
He shall continue to be subject to the same rights and obligations as any official
The NCTF may entrust it with missions, including in the context of a making available, and shall propose to him any vacant post corresponding to his grade.
The official shall be kept informed of job openings and vacancies.
Fire Lieutenant
At the end of the one-year surplus period, the employee who has not found a job is taken over by the NCTF.
During the period of care, the official is placed under the authority of the NCTF
He shall continue to be subject to the same rights and obligations as any official
The NCTF may entrust it with missions, including in the context of a making available, and shall propose to him any vacant post corresponding to his grade.
The official shall be kept informed of job openings and vacancies.
Within 3 months of the start of the take-over, the official and the NCTF or the management center shall jointly develop a personalized project to promote his return to employment.
The draft shall lay down in particular the guidance, training and evaluation measures which it is required to follow. Officials shall have priority access to the long training courses necessary for the exercise of a new occupation in one of the three public services or in the private sector.
Every 6 months, the employee must inform the NPTFC or the management center of his or her job search. In particular, he must inform him of the applications he has made and of the job interviews he is invited to or has attended.
During the period of taking charge, the official shall receive 100% of sound index treatment and the residence allowance on 1re year.
His index salary and the residence allowance are then reduced by 10% every year. When the remuneration becomes nil, the official is dismissed or retired.
The family treatment supplement (FTS) shall be paid in full.
In the course of the tasks which may be entrusted to it, the index salary and the residence allowance shall be reinstated at 100%. And the official may benefit from the compensation scheme in force at the NCTF or its management center.
Periods of service shall be taken into account in calculating the one-year periods at the end of which his index salary and residence allowance shall be reduced by 10%.
Where the assignment is carried out on a part-time basis, only the part of the basic salary and the residence allowance corresponding to the proportion of work done shall be restored to 100%.
In case of cumulation of activities, the net remuneration of the official shall be reduced by the amount of the net remuneration received for the cumulative activity.
Please note
for an employee who was taken over between August 8, 2017 and August 7, 2019, the reduction of 10% per year of the remuneration starts 2 years after its date of assumption. For an employee who has been in care for 2 years or more, the reduction is effective August 7, 2020.
The manner in which the official may be employed in the tasks which may be entrusted to him shall be taken into account for internal promotion and advancement in step and grade. The same shall apply in the case of secondment.
The manner in which the official is employed shall also be taken into account when making his professional assessment.
The staff member in charge shall compete for advancement in grade and internal promotion with staff members of the same CNFPT or management center employment framework.
If the official has been placed on leave, on standby, on secondment or on parental leave during his care, his home community must examine, upon his reintegration, his possibilities of reclassifying him to a post of his grade.
In the absence of reclassification, the official remains in the care of the NCTF or the management center.
When the official's remuneration has become zero, the official shall be dismissed or, if he or she qualifies for a pension, retired. full-rate pension.
- Care ceases after 3 job offers are rejected. Only one job offer from the home community can be included in this count. For a category C staff member, the proposed posts must be in the department where he was previously employed or a neighboring department.
- It shall also cease after two refusals of an offer of employment if the official has been taken over following the termination of his employment by reason of a delegation of service and his refusal to be seconded to the delegated service.
- It shall also cease if the official fails to comply seriously and repeatedly with his obligations, in particular the implementation of his reclassification project.
In these three cases of cessation of care, the official shall be dismissed or retired, if he has reachedminimum age required for a pension.
The job offer must be firm and precise. It must consist of a proposal for employment containing the elements relating to the nature of the employment and remuneration. The proposed post must correspond to the functions previously performed or those defined by the specific staff regulations of the official. This may be a proposal for full-time or non-full-time employment depending on the nature of the employee's original employment.
Care shall also cease automatically, without any refusal of a job offer, if the official fulfills the conditions for a full pension.
A dismissed official shall be entitled to unemployment benefits.
Hospital (FPH)
A staff member whose post is terminated shall be assisted in returning to a new post if none of the following two conditions is met:
- The staff member may be reassigned to a vacancy in his establishment
- Or the agent fills out the conditions for receiving a full rate pension.
This new assignment may be in the hospital civil service on a job corresponding to its grade.
The agent can also be assigned to another body or framework of uses of a level at least equivalent to his home body, in the hospital civil service or in another civil service.
Finally, at his request, the agent may be directed to a job in the private sector.
Please note
this arrangement does not apply to senior management and care directors who are seeking employment with the National Management Center.
The official incumbent and the contractual partner in a DTA are reallocated and supported.
The official trainee whose employment is terminated has no right to reclassification. He may be dismissed if the administration does not have a vacancy corresponding to his grade.
The technical committee shall be consulted on the conditions for implementing the accompanying arrangements. He is then informed of the implementation of the device.
Any staff member whose employment is terminated shall be informed, by any means, of the possibilities of personalized support which he may enjoy.
The head of the establishment shall inform him by any means of his decision to abolish a post giving rise to the implementation of an accompanying schemeARS: titleContent or the prefect.
This information shall be given no later than 15 days after the official has been notified of the termination of his employment.
At the end of the calendar year, the head of institution shall inform the LRA or the prefect of the names and grades of the staff members who have not been returned to the post.
The duration of the reorganization operation shall be determined by the head of establishment. It may not exceed 3 years.
The staff member whose employment is terminated may benefit from the following arrangements:
- Personalized support in the development and implementation of a professional project
- Priority access to training
- Vocational transition leave, with the approval of the administration, for a period of up to one year, allowing long-term training for a new occupation in the public service or in the private sector
- Made available to a private sector body or company for up to one year.
The personalized support includes, for each agent, the following 4 services:
- Information on job-finding arrangements and advice on how to get back into a job as part of a professional project
- Carrying out a review of his professional career
- Development of a professional project within a hospital, state or territorial administration or, at its request, to the private sector, and provision of information and advice, adapted to its competences and to the availability of positions in the short and medium term, in particular in the territory in which it carries out its duties,
- Support in job search procedures.
The staff member shall, by decision of his establishment, have priority access to the training necessary for the implementation of his professional project.
When the training envisaged is organized as part of the training plan of the institution, or financed by the institution, the staff member shall automatically benefit from it.
Where several courses meet the staff member's request, the head of the establishment may decide to have the staff member follow the courses entered in the establishment's training plan.
Where the training envisaged is neither included in the training plan nor financed by individual establishments, the conditions for priority access shall be specified by the head of establishment as part of the collective support scheme. The head of establishment may also specify a funding ceiling.
The staff member shall forward the training attestations drawn up by the training organization attesting to his attendance.
He shall lose the benefit of such training if he ceases to attend it without legitimate reason.
The staff member in training shall receive his full salary, the residence allowance and the family salary supplement.
He shall also continue to receive his premiums and allowances, except those which are conditional on the actual performance of his duties.
Vocational transition leave enables staff members to undergo training or a training course, with a view to pursuing a new occupation in the public or private sector.
If the agent wishes to obtain a professional certification registered in the national register of professional qualifications (RNCP), the duration of the training shall be at least 120 hours. The same applies if the applicant wishes to obtain a block validation certificate or a certification or authorization registered in the specific register (RSCH).
If the staff member intends to set up or take over a company, the training period must be at least 70 hours to accompany and advise the staff member in his/her project.
Work transition leave can be divided into months, weeks or days.
Where the professional project requires one or more training courses of a total duration of more than 12 months, the professional transition leave may be extended, at the request of the staff member, by a vocational leave for a cumulative period of up to 3 years.
Staff members applying for work transition leave shall automatically receive personalized support.
The application for transitional leave must be submitted at least 60 days before the date on which the training or the training course begins.
This request shall specify the nature of the training or trainings envisaged, their duration, the name of the body providing them and the professional objective pursued.
The administration examines the consistency of the leave request with the envisaged professional project, the relevance of the training for the implementation of this project and the employment prospects at the end of the training.
Reasons shall be given for any refusal. Failure to reply within the 30-day period is an implicit decision to refuse.
The benefit of the leave may be deferred in the interests of the service.
The staff member on leave for work transition shall be on activity position.
The period of leave for work transition shall be treated as actual services in the body.
The staff member on leave shall forward, in accordance with a timetable laid down jointly with his establishment, the training attestations drawn up by the training organization justifying his attendance at the training.
He shall lose the benefit of his leave if he ceases, without legitimate cause, to follow that action.
The employing establishment shall bear any training costs up to a maximum.
He or she may also cover the travel expenses of the agent.
After consulting the director of his establishment, theARS: titleContent or the prefect may request that the staff member be recruited into a vacant post of his grade in an establishment situated in the same department as his home establishment.
The staff member must then be recruited within 30 days of consulting the head of establishment in which the post is vacant.
A staff member may also apply for priority recruitment over any vacancy in his grade at an establishment situated in the department or region of his home establishment.
The assignment of the staff member whose post is terminated shall take precedence over requests for transfer made by staff members in the following situations:
- Official separated from his/her Civil partnership or partner for professional reasons,
- Official caregiver
- Officials recognized as disabled.
The staff member who receives priority recruitment automatically receives personalized support beforehand.
He/she applies to the recruiting institution, mentioning the priority he/she enjoys. He informs the LRA or the prefect of his candidacy.
The head of the recruiting establishment shall inform the head of the establishment of origin of his decision to recruit.
With a view to his retraining, a staff member may be placed at the disposal of a company or private-sector body.
The staff member shall be made available at the request of the staff member and after agreement by the host body or company, for a maximum period of one year
The secondment agreement specifies that it is drawn up in connection with the conversion of a staff member whose post is abolished.
It shall also specify the professional project of the staff member and the amount of remuneration and contributions reimbursed by the host body. This amount may not be less than 50% the gross monthly remuneration of the staff member made available.
The staff member shall remain in active employment with his establishment.
He shall remain under the authority of the director of his establishment and subject to the rights and obligations of officials.
The staff member shall receive his full salary, the residence allowance and the family salary supplement.
He shall also continue to receive his premiums and allowances, except those which are conditional on the actual performance of his duties.
However, when he is on leave for the purpose of transition from work, the staff member shall receive only 80% the bonuses and allowances which he receives on the date of his placing on leave. He shall no longer receive the following premiums and allowances:
- Reimbursement of expenses
- Allowances related to the organization of work and the actual exceeding of the work cycle
- Exceptional or occasional payments related to the assessment of how to serve
- Exceptional or occasional payments based on a single operative event
- Surcharges and indexing for overseas postings, unless the staff member undergoes overseas training
- Allowances paid for the exercise of ancillary activity.
FAQ
Ministry of Public Service