What are the rights of a local elected employee who stops working?

Verified 09 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)

A locally elected employee may temporarily leave his or her employment to exercise his or her mandate. During his term of office, the locally elected employee may enjoy an individual right to training. We present you with the information you need to know.

If the employee wishes to interrupt his professional activity in order to become elected local, he must complete the 2 conditions following:

  • Have a seniority in the company of at least 1 year on the date on which he takes up his duties
  • To be elected for one of the following terms: mayor, deputy mayor of a city of at least 10,000 inhabitants, president of a departmental or regional council (or vice-president who has received a delegation).

If the employee interrupts his professional activity in order to exercise his mandate as a local elected representative, his contract of employment is suspended during the interruption period.

Individual right to training

Every elected member of a municipal, departmental or regional council has an individual right to training.

Type of training

The training taken may be unrelated to the exercise of the mandate.

In particular, they enable local elected employees to acquire new skills for his return to the company at the end of his term.

Amount of individual training entitlement

Every elected member of a municipal, departmental or regional council shall enjoy an individual right to the formation of an amount of €400 per year of mandate.

Financing

The individual right to training is financed by a compulsory contribution levied on the official allowances received by the members of the council (municipal, departmental or regional).

A national collecting agency collects the levy.

The contribution rate for each elected official may not be less than 1%.

Request for training

The training request of the local elected employee can be made by post or by email.

It must be accompanied by the copy of the training organization registration form.

The request must be sent to the manager of the Caisse des Dépôts et Consignations financing fund no later than 6 months following the end of the mandate.

Please note

travel and subsistence expenses are reimbursed.

At the end of his term of office, the employee shall, at his request, receive all guarantees following:

  • Right to reinstatement in the company (provided that they have not served more than 2 consecutive terms)
  • Benefits acquired by employees in his category during the exercise of his mandate
  • Upgrade course organized in the company
  • Vocational training and skills assessment

The employee may receive a specific allowance, known as end-of-term incremental allocation, if he has resumed a professional activity whose earnings are lower than the official's allowances which he received during his term of office.

The employee must complete the End of Term Differential Allowance Application form.

Request for End-of-Term Differential Award

The request must be sent to the Caisse des Dépôts et Consignations (CDC) at the latest 5 months after the end of the term.

The allowance shall offset the difference between the amount of the monthly gross allowance received during the term of office and the income received at the end of the term of office.

During the first 6 months, the rate is at most equal to 80%.

From 7e month, this rate shall not exceed 40%.

This allowance shall be paid during 1 year maximum.

At the end of his term of office, the employee may receive a specific allowance, known as end-of-term incremental allocation, if he is registered at France Travail (formerly Pôle emploi) as a jobseeker.

The employee must complete the End of Term Differential Allowance Application form.

Request for End-of-Term Differential Award

The request must be sent to the Caisse des Dépôts et Consignations (CDC) at the latest 5 months after the end of the term.

The allowance shall offset the difference between the amount of the monthly gross allowance received during the term of office and the income received at the end of the term of office.

During the first 6 months, the rate is at most equal to 80%.

From 7e month, this rate shall not exceed 40%.

This allowance shall be paid during 1 year maximum.

Who can help me?

Find who can answer your questions in your region

  • Telephone administrative information - Allo Public Service

    For more information on this topic, you can contact Allô Service Public.

    Cost: free service

    The informants who answer you belong to the ministry responsible for labor.

    Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.

    He does not respond questions relating to unemployment compensation and representations to France Labor (formerly Pôle emploi), the officials or contractual of the fpublic service, the amount or payment of contributions social, wage or management.

    The service is available at the following times:

      • Lundi : de 08h30 à 17h30
      • Mardi : de 08h30 à 12h15
      • Mercredi : de 08h30 à 12h15
      • Jeudi : de 08h30 à 17h30
      • Vendredi : de 13h00 à 16h15

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  • Caisse des Dépôts et Consignations (CDC)

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