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Conventional Break in the Public Service
Verified 01 January 2024 - Legal and Administrative Information Directorate (Prime Minister)
Day that lasts from 0am to 24h. A time limit calculated in this way does not take into account the day of the decision giving rise to the time limit, nor the day of the deadline. If the deadline ends on a Saturday or Sunday, it is postponed to Monday. If the period ends on a public holiday, it shall be postponed by one day. For example, if a deadline ends on a Saturday and the following Monday is a holiday, it is postponed to Tuesday.
From 1er January to December 31
Are you a public official and are planning to leave the public service? We present you the information concerning the conventional break in the public sector.
What applies to you ?
State Civil Service (EPF)
Who is involved?
Only the incumbent official may agree to a contractual breakdown.
The probationary official is not entitled to it.
You cannot agree on a conventional break if you have reached theThe minimum retirement age and justify the number of quarters required to get a full-rate pension.
Nor can you agree on a conventional breakdown if you are seconded as a contract agent.
The possibility of agreeing on a conventional break is possible until 31 december 2025.
Please note
If you have signed an undertaking to serve the Crown at the end of a training period, you must have completed the full period of service provided by that undertaking.
What's the procedure?
The contractual breakdown may be concluded at your own initiative or at the initiative of your employer's administration.
It cannot be imposed by either of the two parties.
When one of the two parties wishes to conclude a contractual breach, it informs the other party by post, registered with acknowledgement of receipt, or delivered in person against signature.
When you initiate the conventional break, you send your mail to your human resources branch.
FYI
If you are seconded or made available, you must address your request for a breach of the agreement to your home administration and inform your host administration or organization accordingly.
An interview is arranged by your administration.
This interview must take place between 10 free days and one month after receiving your mail.
This interview is conducted by your supervisor or by the appointing authority.
In the course of this interview, you may, after informing your administration, arrange to be assisted by an advisor appointed by a trade union organization of your choice.
The interview focuses on the following:
- Grounds for the application and the principle of breach of agreement
- Envisaged date of termination of service
- Envisaged amount of the specific indemnity for breach of contract
- Consequences of termination of service
Signing a Breaking Agreement
When the two parties reach an agreement on the terms of the breach, they sign a breach agreement in accordance with model agreement fixed by ministerial decree.
This model may be adapted, depending on the specific characteristics of the administrations.
Any agreement shall, however, contain the amount of the specific termination indemnity and the date of termination of service fixed by mutual agreement between the parties.
The date of signature of the termination agreement shall be fixed by the administration at least 15 free days after the pre-interview.
On a clear day after the date of signature of the agreement, each party has a withdrawal period of 15 clear days.
During this period, the party wishing to withdraw and cancel the contractual breach must inform the other party by registered post with acknowledgement of receipt or hand delivered.
The date of termination of service shall be fixed at least 1 day after the end of the withdrawal period.
The break convention is stored in your individual file.
What is the amount of severance pay?
The amount of the specific indemnity for breach of contract cannot be inferior to the following amounts:
Year of seniority | Minimum amount of severance pay |
|---|---|
Up to 10 years | ¼ month gross monthly earnings multiplied by number of years of service |
11 to 15 years | 2/5e months of gross monthly remuneration multiplied by the number of years of service |
From 16 to 20 years | ½ month of monthly gross remuneration multiplied by the number of years of service |
21 to 24 years | 3/5e months of gross monthly remuneration multiplied by the number of years of service |
The gross monthly remuneration taken into account is 12e of your annual gross remuneration received during calendar year preceding the year of the breakdown.
The amount of the specific indemnity for breach of contract cannot be higher at 12e your annual gross remuneration multiplied by the number of years of service, up to a maximum of 24 years of service.
The gross remuneration taken into account is that received from public employers.
It can include remuneration received from several public employers, if you have made a mobility during the calendar year.
If you received no remuneration from a public employer in the year preceding the year of the break-up, the amount of compensation is zero.
The length of service taken into account includes services performed in the three public services (State, territorial, hospital).
Example :
For staff with 22 years' service and whose annual gross remuneration for the previous year is €33,400, the minimum amount of the contractual termination indemnity is calculated on the basis of 33 400 / 12 = €2,783.33.
It is equal to (2783.33 / 4 x 10) + (2783.33 x 2 / 5 x 5) + (2783.33 / 2 x 5) + (2783.33 x 3 / 5 x 2) = 6958.33 + 566.66 + 6958.33 + 3340 = €22,823.31 raw.
And its maximum amount is equal to 33 400 / 12 x 22 = €61,233.33 raw.
All but a few compensation elements are considered:
Compensation Elements | Taken into account |
|---|---|
Index treatment | Yes |
Residence allowance | Yes |
Family treatment supplement | Yes |
New index subsidy | Yes |
No | |
Surcharges and indexing linked to an overseas assignment | No |
Residence abroad allowance | No |
Premiums and allowances change of residence, of primary assignment, related to the geographical mobility and to restructuring | No |
Teaching or jury allowances and other allowances not directly related to employment | No |
Other premiums and allowances | Yes |
When you have an official accommodation, the amount of the premiums and allowances taken into account is the amount you would have received if you had not benefited from this accommodation.
If the amount of your conventional termination indemnity is less than €92,736, your allowance is exempt from CSG: titleContent.
If the amount of your compensation is between €92,736 and €463,680, the upper part of €92,736 is submitted for 98.25% of its amount to the CSG.
If the amount of your allowance is higher €463,680, the allowance shall be fully subject to CSG.
The contractual termination indemnity is exempt, in whole or in part, from income tax unless you can receive a retirement pension.
Your allowance (or part of your allowance) may be exempt from tax if it does not exceed twice the amount of your gross annual remuneration for the year preceding that of your contractual break.
However, the amount exempt from tax shall not exceed €278,208.
The severance pay may also be exempt from tax on 50% of its amount.
However, again, the tax-exempt amount must not exceed €278,208.
Your allowance (or a portion of your allowance) may also be exempt from tax if it does not exceed the minimum amount of allowance provided by law.
It is the most advantageous of these three amounts that is retained.
What are the effects of conventional breakdown?
The conventional breakdown results in your removal from the management and loss of your status as a public servant.
You shall be removed from the management on the date of termination of your duties as agreed in the termination agreement.
You are entitled to unemployment benefits, if you complete the conditions of award.
If you are re-recruited into the state civil service within 6 years of the break-up, you must reimburse the break-up allowance to the state.
Any public official (civil servant or contract employee) newly recruited into the State civil service must provide an attestation on honor.
He must certify that he did not receive a contractual severance allowance from the State during the 6 years preceding his recruitment.
Where reimbursement is required, it must be made at the latest within two years of recruitment.
The periods of unemployment for which compensation is paid following the breakdown in the agreement shall be taken into account for the retreat by the Social Security Pension Insurance.
Who is involved?
You can only make a conventional break if you are in DTA: titleContent.
You cannot agree on a conventional break during the probationary period or in the event of dismissal or resignation.
You also cannot agree on a conventional break if you have reached theminimum retirement age and justify the number of quarters required to obtain a full-rate retirement pension.
Finally, the conventional breakdown is also not possible if you are a seconded civil servant as a contractor.
What's the procedure?
The contractual breakdown may be concluded at your own initiative or at the initiative of your employer administration.
It cannot be imposed by either of the two parties.
When one of the two parties wishes to conclude a contractual breach, it informs the other party by post, registered with acknowledgement of receipt, or delivered in person against signature.
When you initiate the conventional break, you send your mail to your human resources branch.
FYI
If you are made available, you must address your request for a breach to your home administration and inform your host administration or organization accordingly.
An interview is arranged by your administration.
This interview must take place between 10 free days and one month after receiving your mail.
This interview is conducted by your supervisor or by the appointing authority.
In the course of this interview, you may, after informing your administration, arrange to be assisted by an advisor appointed by a trade union organization of your choice.
The interview focuses on the following:
- Grounds for the application and the principle of breach of agreement
- Envisaged date of termination of service
- Envisaged amount of the specific indemnity for breach of contract
- Consequences of termination of service
Signing a Breaking Agreement
When the two parties reach an agreement on the terms of the breach, they sign a breach agreement in accordance with model agreement fixed by ministerial decree.
This model may be adapted, depending on the specific characteristics of the administrations.
Any agreement must, however, contain the amount of the specific indemnity for termination and the date of termination of the contract fixed by the parties by mutual agreement.
The date of signature of the termination agreement shall be fixed by the administration at least 15 free days after the pre-interview.
On a clear day after the date of signature of the agreement, each party has a withdrawal period of 15 clear days.
During this period, the party wishing to withdraw and cancel the contractual breach must inform the other party by registered post with acknowledgement of receipt or hand delivered.
The contract end date shall be set at least 1 day after the end of the withdrawal period.
The break convention is stored in your individual file.
What is the amount of severance pay?
The amount of the specific indemnity for breach of contract shall not may not be inferior to the following amounts:
Year of seniority | Minimum amount of severance pay |
|---|---|
Up to 10 years | ¼ month gross monthly earnings multiplied by number of years of service |
11 to 15 years | 2/5e months of gross monthly remuneration multiplied by the number of years of service |
From 16 to 20 years | ½ month of monthly gross remuneration multiplied by the number of years of service |
21 to 24 years | 3/5e months of gross monthly remuneration multiplied by the number of years of service |
The gross monthly remuneration taken into account is 12e of your annual gross remuneration received during calendar year preceding the year of the breakdown.
The amount of the specific indemnity for breach of contract cannot be higher at 12e your annual gross remuneration multiplied by the number of years of service, up to a maximum of 24 years of service.
The gross remuneration taken into account is that received from public employers.
It can include remuneration received from several public employers, if you have made a mobility during the calendar year.
If you received no remuneration from a public employer in the year preceding the year of the break-up, the amount of compensation is zero.
The length of service taken into account includes services performed in the three public services (State, territorial, hospital).
Example :
For staff with 22 years' service and whose annual gross remuneration for the previous year is €33,400, the minimum amount of the contractual termination indemnity is calculated on the basis of 33 400 / 12 = €2,783.33.
It is equal to (2783.33 / 4 x 10) + (2783.33 x 2 / 5 x 5) + (2783.33 / 2 x 5) + (2783.33 x 3 / 5 x 2) = 6958.33 + 566.66 + 6958.33 + 3340 = €22,823.31 raw.
And its maximum amount is equal to 33 400 / 12 x 22 = €61,233.33 raw.
All but a few compensation elements are considered:
Compensation Elements | Taken into account |
|---|---|
Index treatment | Yes |
Residence allowance | Yes |
Family treatment supplement | Yes |
No | |
Surcharges and indexing linked to an overseas assignment | No |
Residence abroad allowance | No |
Premiums and allowances change of residence, of primary assignment, related to the geographical mobility and to restructuring | No |
Teaching or jury allowances and other allowances not directly related to employment | No |
Other premiums and allowances | Yes |
When you have an official accommodation, the amount of the premiums and allowances taken into account is the amount you would have received if you had not benefited from this accommodation.
The contractual severance pay is exempt from social security pension insurance contributions if its amount does not exceed €92,736.
If the severance pay is between €92,736 and €463,680, the share of the allowance exceeding €92,736 is subject to contributions.
If the amount of compensation exceeds €92,736, it shall be subject to contributions in full.
If the amount of your conventional termination indemnity is less than €92,736, your allowance is exempt from CSG: titleContent.
If the amount of your compensation is between €92,736 and €463,680, the upper part of €92,736 is submitted for 98.25% of its amount to the CSG.
If the amount of your allowance is higher €463,680, the allowance shall be fully subject to CSG.
The contractual termination indemnity is exempt, in whole or in part, from income tax unless you can receive a retirement pension.
Your allowance (or part of your allowance) may be exempt from tax if it does not exceed twice the amount of your gross annual remuneration for the year preceding that of your contractual break.
However, the amount exempt from tax shall not exceed €278,208.
The severance pay may also be exempt from tax on 50% of its amount.
However, again, the tax-exempt amount must not exceed €278,208.
Your allowance (or a portion of your allowance) may also be exempt from tax if it does not exceed the minimum amount of allowance provided by law.
It is the most advantageous of these three amounts that is retained.
What are the effects of conventional breakdown?
The conventional breakdown results in your de-staffing.
You are struck off strength on the termination date agreed in the termination agreement.
You are entitled to unemployment benefits, if you complete the conditions of award.
If you are re-recruited into the State Civil Service within 6 years of the break-up, you must reimburse the State for the break-up allowance.
Any public official (civil servant or contract employee) newly recruited into the State civil service must provide an attestation on honor.
He must certify that he did not receive a contractual severance allowance from the State during the 6 years preceding his recruitment.
Where reimbursement is required, it must be made at the latest within two years of recruitment.
The periods of unemployment for which compensation is paid following the breakdown in the agreement shall be taken into account for the retreat by the social security pension insurance.
Territorial (FPT)
Who is involved?
Only the incumbent official may agree to a contractual breakdown.
The probationary official is not entitled to it.
You cannot agree on a conventional break if you have reached theThe minimum retirement age and justify the number of quarters required to get a full-rate pension.
Nor can you agree on a conventional breakdown if you are seconded as a contract agent.
The possibility of agreeing on a conventional break is possible until 31 december 2025.
Reminder
The implementation of the conventional break does not require the deliberation of your community.
What's the procedure?
The conventional break can be made at your own initiative or at the initiative of your employer community.
It cannot be imposed by either of the two parties.
When one of the two parties wishes to conclude a contractual breach, it informs the other party by post, registered with acknowledgement of receipt, or delivered in person against signature.
When you are the initiator of the conventional breakdown, you send your letter to the territorial authority.
FYI
If you are seconded or made available, you must address your request for a breach of the agreement to your home administration and inform your host administration or organization accordingly.
If you have several non-full-time jobs, the conventional break, whether it's requested by one of your employer communities or by you, has to be implemented by all of the communities.
And each community must pay you a share of the severance pay, based on the amount of time you worked with them.
An interview is arranged by your administration.
This interview must take place between 10 free days and one month after receiving your mail.
This interview is conducted by your supervisor or by the territorial authority.
In the course of this interview, you may, after informing your administration, arrange to be assisted by an advisor appointed by a trade union organization of your choice.
The interview focuses on the following:
- Grounds for the application and the principle of breach of agreement
- Envisaged date of termination of service
- Envisaged amount of the specific indemnity for breach of contract
- Consequences of termination of service
Signing a Breaking Agreement
When the two parties reach an agreement on the terms of the breach, they sign a breach agreement in accordance with model agreement fixed by ministerial decree.
This model may be adapted, depending on the specific characteristics of the administrations.
Any agreement shall, however, contain the amount of the termination indemnity and the date of termination of service fixed by mutual agreement between the parties.
The date of signature of the termination agreement shall be fixed by the administration at least 15 free days after the pre-interview.
On a clear day after the date of signature of the agreement, each party has a withdrawal period of 15 clear days.
During this period, the party wishing to withdraw and cancel the contractual breach must inform the other party by registered post with acknowledgement of receipt or hand delivered.
The date of termination of service shall be fixed at least 1 day after the end of the withdrawal period.
The break convention is stored in your individual file.
What is the amount of severance pay?
The amount of the specific indemnity for breach of contract cannot be inferior to the following amounts:
Year of seniority | Minimum amount of severance pay |
|---|---|
Up to 10 years | ¼ month gross monthly earnings multiplied by number of years of service |
11 to 15 years | 2/5e months of gross monthly remuneration multiplied by the number of years of service |
From 16 to 20 years | ½ month of monthly gross remuneration multiplied by the number of years of service |
21 to 24 years | 3/5e months of gross monthly remuneration multiplied by the number of years of service |
The gross monthly remuneration taken into account is 12e of your annual gross remuneration received during calendar year preceding the year of the breakdown.
The amount of the specific indemnity for breach of contract cannot be higher at 12e your annual gross remuneration multiplied by the number of years of service, up to a maximum of 24 years of service.
The gross remuneration taken into account is that received from public employers.
It can include remuneration received from several public employers, if you have made a mobility during the calendar year.
If you received no remuneration from a public employer in the year preceding the year of the break-up, the amount of compensation is zero.
The length of service taken into account includes services performed in the three public services (State, territorial, hospital).
Example :
For staff with 22 years' service and whose annual gross remuneration for the previous year is €33,400, the minimum amount of the contractual termination indemnity is calculated on the basis of 33 400 / 12 = €2,783.33.
It is equal to (2783.33 / 4 x 10) + (2783.33 x 2 / 5 x 5) + (2783.33 / 2 x 5) + (2783.33 x 3 / 5 x 2) = 6958.33 + 566.66 + 6958.33 + 3340 = €22,823.31 raw.
And its maximum amount is equal to 33 400 / 12 x 22 = €61,233.33 raw.
All but a few compensation elements are considered:
Compensation Elements | Taken into account |
|---|---|
Index treatment | Yes |
Residence allowance | Yes |
Family treatment supplement | Yes |
New index subsidy | Yes |
No | |
Premiums and allowances change of residence, of primary assignment, related to the geographical mobility and to restructuring | No |
Teaching or jury allowances and other allowances not directly related to employment | No |
Surcharges and indexing for overseas assignments | No |
Residence abroad allowance | No |
Other premiums and allowances | Yes |
When you have an official accommodation, the amount of the premiums and allowances taken into account is the amount you would have received if you had not benefited from this accommodation.
If the amount of your conventional termination indemnity is less than €92,736, your allowance is exempt from CSG: titleContent.
If the amount of your compensation is between €92,736 and €463,680, the upper part of €92,736 is submitted for 98.25% of its amount to the CSG.
If the amount of your allowance is higher €463,680, the allowance shall be fully subject to CSG.
The contractual termination indemnity is exempt, in whole or in part, from income tax unless you can receive a retirement pension.
Your allowance (or part of your allowance) may be exempt from tax if it does not exceed twice the amount of your gross annual remuneration for the year preceding that of your contractual break.
However, the amount exempt from tax shall not exceed €278,208.
The severance pay may also be exempt from tax on 50% of its amount.
However, again, the tax-exempt amount must not exceed €278,208.
Your allowance (or a portion of your allowance) may also be exempt from tax if it does not exceed the minimum amount of allowance provided by law.
It is the most advantageous of these three amounts that is retained.
What are the effects of conventional breakdown?
The conventional breakdown results in your removal from management and loss of official status.
You shall be removed from the management on the date of termination of your duties as agreed in the termination agreement.
You are entitled to unemployment benefits, if you complete the conditions of award.
If you are re-recruited within the same territorial community within 6 years of the break-up, you must reimburse the break-up allowance to your community. The same applies if you are recruited from any public institution under your former employer community or from any institution under your former employer community.
Before recruitment, the successful candidate for employment (civil servant or contract) in a territorial community or institution must send an affidavit that he has not received, during the last 6 years, a specific severance pay agreement from that community or institution.
Where reimbursement is required, it must be made at the latest within two years of recruitment.
The periods of unemployment for which compensation is paid following the breakdown in the agreement shall be taken into account for the retreat by the social security pension insurance.
Who is involved?
You can only make a conventional break if you are in DTA: titleContent.
You cannot agree on a conventional break during the probationary period or in the event of dismissal or resignation.
You also cannot agree on a conventional break if you have reached theminimum retirement age and justify the number of quarters required to obtain a full-rate retirement pension.
Finally, the conventional breakdown is also not possible if you are a seconded civil servant as a contractor.
Reminder
The implementation of the conventional break does not require the deliberation of your community.
What's the procedure?
The conventional break may be made at your own initiative or at the initiative of your employer community.
It cannot be imposed by either of the two parties.
When one of the two parties wishes to conclude a contractual breach, it informs the other party by post, registered with acknowledgement of receipt, or delivered in person against signature.
When you are the initiator of the conventional breakdown, you send your letter to the territorial authority.
FYI
If you are made available, you must address your request for a breach to your home administration and inform your host administration or organization accordingly.
An interview is arranged by your administration.
This interview must take place between 10 free days and one month after receiving your mail.
This interview is conducted by your supervisor or by the territorial authority.
In the course of this interview, you may, after informing your administration, arrange to be assisted by an advisor appointed by a trade union organization of your choice.
The interview focuses on the following:
- Grounds for the application and the principle of breach of agreement
- Envisaged date of termination of service
- Envisaged amount of the specific indemnity for breach of contract
- Consequences of termination of service
Signing a Breaking Agreement
When the two parties reach an agreement on the terms of the breach, they sign a breach agreement in accordance with model agreement fixed by ministerial decree.
This model may be adapted, depending on the specific characteristics of the administrations.
Any agreement must, however, contain the amount of the termination indemnity and the date of termination of the contract fixed by the parties by mutual agreement.
The date of signature of the termination agreement shall be fixed by the administration at least 15 clear days after the prior interview.
On a clear day after the date of signature of the agreement, each party has a withdrawal period of 15 free days.
During this period, the party wishing to withdraw and cancel the contractual breach must inform the other party by registered post with acknowledgement of receipt or hand delivered.
The contract end date shall be set at least 1 day after the end of the withdrawal period.
The break convention is stored in your individual file.
What is the amount of severance pay?
The amount of the specific indemnity for breach of contract cannot be inferior to the following amounts:
Year of seniority | Minimum amount of severance pay |
|---|---|
Up to 10 years | ¼ month gross monthly earnings multiplied by number of years of service |
11 to 15 years | 2/5e months of gross monthly remuneration multiplied by the number of years of service |
From 16 to 20 years | ½ month of monthly gross remuneration multiplied by the number of years of service |
21 to 24 years | 3/5e months of gross monthly remuneration multiplied by the number of years of service |
The gross monthly remuneration taken into account is 12e of your annual gross remuneration received during calendar year preceding the year of the breakdown.
The amount of the specific indemnity for breach of contract cannot be higher at 12e your annual gross remuneration multiplied by the number of years of service, up to a maximum of 24 years of service.
The gross remuneration taken into account is that received from public employers.
It can include remuneration received from several public employers, if you have made a mobility during the calendar year.
If you received no remuneration from a public employer in the year preceding the year of the break-up, the amount of compensation is zero.
The length of service taken into account includes services performed in the three public services (State, territorial, hospital).
Example :
For staff with 22 years' service and whose annual gross remuneration for the previous year is €33,400, the minimum amount of the contractual termination indemnity is calculated on the basis of 33 400 / 12 = €2,783.33.
It is equal to (2783.33 / 4 x 10) + (2783.33 x 2 / 5 x 5) + (2783.33 / 2 x 5) + (2783.33 x 3 / 5 x 2) = 6958.33 + 566.66 + 6958.33 + 3340 = €22,823.31 raw.
And its maximum amount is equal to 33 400 / 12 x 22 = €61,233.33 raw.
All but a few compensation elements are considered:
Compensation Elements | Taken into account |
|---|---|
Index treatment | Yes |
Residence allowance | Yes |
Family treatment supplement | Yes |
No | |
Premiums and allowances change of residence, of primary assignment, related to the geographical mobility and to restructuring | No |
Teaching or jury allowances and other allowances not directly related to employment | No |
Surcharges and indexing for overseas assignments | No |
Residence abroad allowance | No |
Other premiums and allowances | Yes |
When you have an official accommodation, the amount of the premiums and allowances taken into account is the amount you would have received if you had not benefited from this accommodation.
The contractual severance pay is exempt from social security pension insurance contributions if its amount does not exceed €92,736.
If the severance pay is between €92,736 and €463,680, the share of the allowance exceeding €92,736 is subject to contributions.
If the amount of compensation exceeds €92,736, it shall be subject to contributions in full.
If the amount of your conventional termination indemnity is less than €92,736, your allowance is exempt from CSG: titleContent.
If the amount of your compensation is between €92,736 and €463,680, the upper part of €92,736 is submitted for 98.25% of its amount to the CSG.
If the amount of your allowance is higher €463,680, the allowance shall be fully subject to CSG.
The contractual termination indemnity is exempt, in whole or in part, from income tax unless you can receive a retirement pension.
Your allowance (or part of your allowance) may be exempt from tax if it does not exceed twice the amount of your gross annual remuneration for the year preceding that of your contractual break.
However, the amount exempt from tax shall not exceed €278,208.
The severance pay may also be exempt from tax on 50% of its amount.
However, again, the tax-exempt amount must not exceed €278,208.
Your allowance (or a portion of your allowance) may also be exempt from tax if it does not exceed the minimum amount of allowance provided by law.
It is the most advantageous of these three amounts that is retained.
What are the effects of conventional breakdown?
The conventional breakdown results in your de-staffing.
You are struck off strength on the termination date agreed in the termination agreement.
You are entitled to unemployment benefits, if you complete the conditions of award.
If you are re-recruited within the same territorial community within 6 years of the break-up, you must reimburse the break-up allowance to your community. The same applies if you are recruited from any public institution under your former employer community or from any institution under your former employer community.
Before recruitment, the successful candidate for employment (civil servant or contract) in a territorial community or institution must send an affidavit that he has not received, during the last 6 years, a specific severance pay agreement from that community or institution.
Where reimbursement is required, it must be made at the latest within two years of recruitment.
The periods of unemployment for which compensation is paid following the breakdown in the agreement shall be taken into account for the retreat by the social security pension insurance.
Hospital (FPH)
Who is involved?
Only the incumbent official may agree to a contractual breakdown.
The probationary official is not entitled to it.
You cannot agree on a conventional break if you have reached theThe minimum retirement age and justify the number of quarters required to get a full-rate pension.
Nor can you agree on a conventional breakdown if you are seconded as a contract agent.
The possibility of agreeing on a conventional break is possible until 31 december 2025.
What's the procedure?
The contractual break may be concluded at your own initiative or at the initiative of your employing institution.
It cannot be imposed by either of the two parties.
When one of the two parties wishes to conclude a contractual breach, it informs the other party by post, registered with acknowledgement of receipt, or delivered in person against signature.
When you initiate the conventional break, you send your mail to your head teacher.
FYI
If you are seconded or made available, you must address your request for a breach of the agreement to your home administration and inform your host administration or organization accordingly.
An interview is arranged by your administration.
This interview must take place between 10 free days and one month after receiving your mail.
This interview is conducted by your supervisor or by the head of the school.
In the course of this interview, you may, after informing your administration, arrange to be assisted by an advisor appointed by a trade union organization of your choice.
The interview focuses on the following:
- Grounds for the application and the principle of breach of agreement
- Envisaged date of termination of service
- Envisaged amount of the specific indemnity for breach of contract
- Consequences of termination of service
Signing a Breaking Agreement
When the two parties reach an agreement on the terms of the breach, they sign a breach agreement in accordance with model agreement fixed by ministerial decree.
This model may be adapted, depending on the specific characteristics of the administrations.
Any agreement shall, however, contain the amount of the specific termination indemnity and the date of termination of service fixed by mutual agreement between the parties.
The date of signature of the termination agreement shall be fixed by the administration at least 15 clear days after the prior interview.
On a clear day after the date of signature of the agreement, each party has a withdrawal period of 15 clear days.
During this period, the party wishing to withdraw and cancel the contractual breach must inform the other party by registered mail with acknowledgement of receipt or hand delivered against signature.
The date of termination of service shall be fixed at least 1 day after the end of the withdrawal period.
The break convention is stored in your individual file.
What is the amount of severance pay?
The amount of the specific indemnity for breach of contract cannot be inferior to the following amounts:
Year of seniority | Minimum amount of severance pay |
|---|---|
Up to 10 years | ¼ month gross monthly earnings multiplied by number of years of service |
11 to 15 years | 2/5e months of gross monthly remuneration multiplied by the number of years of service |
From 16 to 20 years | ½ month of monthly gross remuneration multiplied by the number of years of service |
21 to 24 years | 3/5e months of gross monthly remuneration multiplied by the number of years of service |
The gross monthly remuneration taken into account is 12e of your annual gross remuneration received during calendar year preceding the year of the breakdown.
The amount of the specific indemnity for breach of contract cannot be higher at 12e your annual gross remuneration multiplied by the number of years of service, up to a maximum of 24 years of service.
The gross remuneration taken into account is that received from public employers.
It can include remuneration received from several public employers, if you have made a mobility during the calendar year.
If you received no remuneration from a public employer in the year preceding the year of the break-up, the amount of compensation is zero.
The length of service taken into account includes services performed in the three public services (State, territorial, hospital).
Example :
For staff with 22 years' service and whose annual gross remuneration for the previous year is €33,400, the minimum amount of the contractual termination indemnity is calculated on the basis of 33 400 / 12 = €2,783.33.
It is equal to (2783.33 / 4 x 10) + (2783.33 x 2 / 5 x 5) + (2783.33 / 2 x 5) + (2783.33 x 3 / 5 x 2) = 6958.33 + 566.66 + 6958.33 + 3340 = €22,823.31 raw.
And its maximum amount is equal to 33 400 / 12 x 22 = €61,233.33 raw.
All but a few compensation elements are considered:
Compensation Elements | Taken into account |
|---|---|
Index treatment | Yes |
Residence allowance | Yes |
Family treatment supplement | Yes |
New index subsidy | Yes |
No | |
Premiums and allowances change of residence, of primary assignment, related to the geographical mobility and to restructuring | No |
Teaching or jury allowances and other allowances not directly related to employment. | No |
Surcharges and indexing for overseas assignments | No |
Other premiums and allowances | Yes |
When you have an official accommodation, the amount of the premiums and allowances taken into account is the amount you would have received if you had not benefited from this accommodation.
If the amount of your conventional termination indemnity is less than €92,736, your allowance is exempt from CSG: titleContent.
If the amount of your compensation is between €92,736 and €463,680, the upper part of €92,736 is submitted for 98.25% of its amount to the CSG.
If the amount of your allowance is higher €463,680, the allowance shall be fully subject to CSG.
The contractual termination indemnity is exempt, in whole or in part, from income tax unless you can receive a retirement pension.
Your allowance (or part of your allowance) may be exempt from tax if it does not exceed twice the amount of your gross annual remuneration for the year preceding that of your contractual break.
However, the amount exempt from tax shall not exceed €278,208.
The severance pay may also be exempt from tax on 50% of its amount.
However, again, the tax-exempt amount must not exceed €278,208.
Your allowance (or a portion of your allowance) may also be exempt from tax if it does not exceed the minimum amount of allowance provided by law.
It is the most advantageous of these three amounts that is retained.
What are the effects of conventional breakdown?
The conventional breakdown results in your removal from management and loss of official status.
You shall be removed from the management on the date of termination of your duties as agreed in the termination agreement.
You are entitled to unemployment benefits, if you complete the conditions of award.
If you are re-recruited within the same hospital within 6 years of the break-up, you must reimburse the break-up allowance to your institution.
Before being recruited, the candidate selected to take up a post (official or contract) in a hospital must send a statement on his honor that he has not received, during the last 6 years, a specific severance allowance from that hospital.
Where reimbursement is required, it must be made at the latest within two years of recruitment.
The periods of unemployment for which compensation is paid following the breakdown in the agreement shall be taken into account for the retreat by the social security pension insurance.
Who is involved?
You can only make a conventional break if you are in DTA: titleContent.
You cannot agree on a conventional break during the probationary period or in the event of dismissal or resignation.
You also cannot agree on a conventional break if you have reached theminimum retirement age and justify the number of quarters required to obtain a full-rate retirement pension.
Finally, the conventional breakdown is also not possible if you are a seconded civil servant as a contractor.
What's the procedure?
The contractual break may be concluded at your own initiative or at the initiative of your employing institution.
It cannot be imposed by either of the two parties.
When one of the two parties wishes to conclude a contractual breach, it informs the other party by post, registered with acknowledgement of receipt, or delivered in person against signature.
When you initiate the conventional break, you send your mail to your head teacher.
FYI
If you are made available, you must address your request for a breach to your home administration and inform your host administration or organization accordingly.
An interview is arranged by your administration.
This interview must take place between 10 free days and one month after receiving your mail.
This interview is conducted by your supervisor or by the head of the school.
In the course of this interview, you may, after informing your administration, arrange to be assisted by an advisor appointed by a trade union organization of your choice.
The interview focuses on the following:
- Grounds for the application and the principle of breach of agreement
- Envisaged date of termination of service
- Envisaged amount of the specific indemnity for breach of contract
- Consequences of termination of service
Signing a Breaking Agreement
When the two parties reach an agreement on the terms of the breach, they sign a breach agreement in accordance with model agreement fixed by ministerial decree.
This model may be adapted, depending on the specific characteristics of the administrations.
Any agreement must, however, contain the amount of the termination indemnity and the date of termination of the contract fixed by the parties by mutual agreement.
The date of signature of the termination agreement shall be fixed by the administration at least 15 free days after the pre-interview.
On a clear day after the date of signature of the agreement, each party has a withdrawal period of 15 clear days.
During this period, the party wishing to withdraw and cancel the contractual breach must inform the other party by registered post with acknowledgement of receipt or hand delivered.
The contract end date shall be set at least 1 day after the end of the withdrawal period.
The break convention is stored in your individual file.
What is the amount of severance pay?
The amount of the specific indemnity for breach of contract cannot be inferior to the following amounts:
Year of seniority | Minimum amount of severance pay |
|---|---|
Up to 10 years | ¼ month gross monthly earnings multiplied by number of years of service |
11 to 15 years | 2/5e months of gross monthly remuneration multiplied by the number of years of service |
From 16 to 20 years | ½ month of monthly gross remuneration multiplied by the number of years of service |
21 to 24 years | 3/5e months of gross monthly remuneration multiplied by the number of years of service |
The gross monthly remuneration taken into account is 12e of your annual gross remuneration received during calendar year preceding the year of the breakdown.
The amount of the specific indemnity for breach of contract cannot be higher at 12e your annual gross remuneration multiplied by the number of years of service, up to a maximum of 24 years of service.
The gross remuneration taken into account is that received from public employers.
It can include remuneration received from several public employers, if you have made a mobility during the calendar year.
If you received no remuneration from a public employer in the year preceding the year of the break-up, the amount of compensation is zero.
The length of service taken into account includes services performed in the three public services (State, territorial, hospital).
Example :
For staff with 22 years' service and whose annual gross remuneration for the previous year is €33,400, the minimum amount of the contractual termination indemnity is calculated on the basis of 33 400 / 12 = €2,783.33.
It is equal to (2783.33 / 4 x 10) + (2783.33 x 2 / 5 x 5) + (2783.33 / 2 x 5) + (2783.33 x 3 / 5 x 2) = 6958.33 + 566.66 + 6958.33 + 3340 = €22,823.31 raw.
And its maximum amount is equal to 33 400 / 12 x 22 = €61,233.33 raw.
All but a few compensation elements are considered:
Compensation Elements | Taken into account |
|---|---|
Index treatment | Yes |
Residence allowance | Yes |
Family treatment supplement | Yes |
No | |
Premiums and allowances change of residence, of primary assignment, related to the geographical mobility and to restructuring | No |
Teaching or jury allowances and other allowances not directly related to employment. | No |
Surcharges and indexing for overseas assignments | No |
Other premiums and allowances | Yes |
When you have an official accommodation, the amount of the premiums and allowances taken into account is the amount you would have received if you had not benefited from this accommodation.
The contractual severance pay is exempt from social security pension insurance contributions if its amount does not exceed €92,736.
If the severance pay is between €92,736 and €463,680, the share of the allowance exceeding €92,736 is subject to contributions.
If the amount of compensation exceeds €92,736, it shall be subject to contributions in full.
If the amount of your conventional termination indemnity is less than €92,736, your allowance is exempt from CSG: titleContent.
If the amount of your compensation is between €92,736 and €463,680, the upper part of €92,736 is submitted for 98.25% of its amount to the CSG.
If the amount of your allowance is higher €463,680, the allowance shall be fully subject to CSG.
The contractual termination indemnity is exempt, in whole or in part, from income tax unless you can receive a retirement pension.
Your allowance (or part of your allowance) may be exempt from tax if it does not exceed twice the amount of your gross annual remuneration for the year preceding that of your contractual break.
However, the amount exempt from tax shall not exceed €278,208.
The severance pay may also be exempt from tax on 50% of its amount.
However, again, the tax-exempt amount must not exceed €278,208.
Your allowance (or a portion of your allowance) may also be exempt from tax if it does not exceed the minimum amount of allowance provided by law.
It is the most advantageous of these three amounts that is retained.
What are the effects of conventional breakdown?
The conventional breakdown results in your de-staffing.
You are struck off strength on the termination date agreed in the termination agreement.
You are entitled to unemployment benefits, if you complete the conditions of award.
If you are re-recruited within the same hospital within 6 years of the break-up, you must reimburse the break-up allowance to your institution.
Before being recruited, the candidate selected to take up a post (official or contract) in a hospital must send a statement on his honor that he has not received, during the last 6 years, a specific severance allowance from that hospital.
Where reimbursement is required, it must be made at the latest within two years of recruitment.
The periods of unemployment for which compensation is paid following the breakdown in the agreement shall be taken into account for the retreat by the general social security pension scheme.
Article L136-1-1
Articles 49-1 to 49-9
Articles 49a to 49i
Articles 45-2 to 45-10
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