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Resignation of an official or a member of the contract staff
Verified 23 September 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Objective and specific reasons, linked to the continuity of the operation of the service, which may justify the refusal by the administration of a right or benefit to a public official (part-time work, leave, etc.)
A staff member who wishes to break his employment relationship with the administration and leave his employment permanently may resign. The approval of the administration is required for the official. The procedure to be followed depends on whether the staff member who wishes to resign is a permanent or a contract staff member.
What applies to you ?
State Civil Service (EPF)
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Full official
Condition of validity of resignation
For the resignation to be valid, it must be the result of a clear and unequivocal request to leave the administration or service.
The administration must ensure, for example during an interview, that the official knows and understands the statutory and financial implications of his decision.
A resignation may be annulled if it has been submitted under duress or in a state of severe depression which makes it impossible to assess the scope of that decision.
Written request
The grievor must submit his request by mail.
There is no text setting the time limit within which the application must be submitted before the desired departure date, but the time limit for the administration to reply should be taken into account.
Administration Response
Staff members may only leave their service if their resignation is accepted by the administration.
The decision of the administration must be taken within 4 months receipt of the request for resignation.
The resignation shall take effect on the date fixed by the administration.
If the official refuses to resign, he may refer the matter to the HEADING: titleContent. The CAP shall issue a reasoned opinion on the request for resignation which it shall forward to the administration.
Failure by the administration to reply within 4 months of receipt of the request for resignation shall not constitute an implied decision rejecting the resignation.
On the other hand, once this 4-month period has expired, if the administration has not taken any decision, the request for resignation is no longer valid.
An official who maintains his request must make a new request for resignation.
Consequences of resignation
Irrevocable decision
Once accepted by the administration, the resignation is irrevocable.
As from the date of his resignation, the staff member shall lose his status as an official. He's removed from the frames.
If he subsequently wishes to rework in the public service, he must re-enter a competition or be recruited on an entry grade without competition or be recruited as a contractor.
Right to unemployment
Resignation is not eligible for unemployment benefits except in cases of lawful resignation.
Departure to work in the private sector
Certain functions exercised in the administration are incompatible with the exercise of private activities.
Entitlement to a public service pension
An official who has completed at least two years of service shall retain his or her retirement pension rights from the public service.
If the period of service is less than 2 years, the administration shall reinstatement to the general scheme.
Documents issued by the administration
There is no provision for a work certificate and balance of all accounts to be given to the former employee. However, the issue of such documents may be requested.
Trainee official
Condition of validity of resignation
For the resignation to be valid, it must be the result of a clear and unequivocal request to leave the administration or service.
The administration must ensure, for example during an interview, that the official knows and understands the statutory and financial implications of his decision.
A resignation may be annulled if it has been submitted under duress or in a state of severe depression which makes it impossible to assess the scope of that decision.
Written request
The official must submit his resignation by post.
The application must be submitted at least 1 month before the desired date of termination of service.
Administration Response
Staff members may only leave their service if their resignation is accepted by the administration.
There is no provision for a time limit within which the administration must respond to the request for resignation.
Consequences of resignation
Irrevocable decision
Once accepted by the administration, the resignation is irrevocable.
As from the date of his resignation, the staff member shall lose his status as an official. He's removed from the frames.
If he subsequently wishes to return to the public service, he must re-enter a competition or be recruited as a contractor.
Right to unemployment
Resignation is not eligible for unemployment benefits except in cases of lawful resignation.
Departure to work in the private sector
Certain functions exercised in the administration are incompatible with the exercise of private activities.
Entitlement to a public service pension
An official who has completed at least two years of service shall retain his or her retirement pension rights from the public service.
If the period of service is less than 2 years, the administration shall reinstatement to the general scheme.
Documents issued by the administration
There is no provision for a work certificate and balance of all accounts to be given to the former employee. However, the issue of such documents may be requested.
Contractual
Condition of validity of resignation
For the resignation to be valid, it must be the result of a clear and unequivocal request to leave the administration or service.
The administration must ensure, for example during an interview, that the contract staff member knows and understands the implications of his decision for his career and remuneration.
A resignation may be annulled if it has been submitted under duress or in a state of severe depression which makes it impossible to assess the scope of that decision.
Written request
The contract staff member shall CSD: titleContent or DTA: titleContent must submit his resignation by registered post with acknowledgement of receipt.
The application must be submitted before the desired date of termination of service within the following period:
Age of service | Period of notice |
|---|---|
Less than 6 months | 8 days |
From 6 months to less than 2 years | 1 month |
From 2 years | 2 months |
Seniority is counted until the date of dispatch of the letter of resignation.
It shall be calculated taking into account all the staff member's contracts. In the case of discontinuous contracts, they are taken into account if the interruption between 2 contracts does not exceed 4 months and if it is not due to a previous resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Accident at work Paid sick leave (including for occupational disease)
- Sick leave
- Paid maternity or adoption and paternity and childcare leave
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Leave for union training
- Training leave for youth leaders and youth workers
- Vocational training leave
- Representation leave
- Leave for training in occupational health and safety and medical prevention
- Leave to conduct a period of military training or in an operational, civil security or health reserve
Other leave shall not result in the loss of seniority acquired before it was granted.
The period of notice shall start on 1er the day following the day on which the administration receives the registered letter of resignation. The termination of duties and remuneration shall be effected at the end of the period of notice.
Example :
For a staff member subject to a minimum of two months' notice whose registered letter of resignation is received by his administration on 25 September, the notice shall start on 26 September and end on 25 November. He ceases to hold office on the evening of 26 November and is paid until that date.
Administration Response
No text lays down the conditions for acceptance or refusal of resignation by the administration.
Consequences of resignation
Irrevocable decision
The resignation is irrevocable.
From the date of his resignation, the staff member shall lose his status as a public official. He's been struck off the force.
Right to unemployment
Resignation is not eligible for unemployment benefits except in cases of lawful resignation.
Departure to work in the private sector
Certain functions exercised in the administration are incompatible with the exercise of private activities.
Documents issued by the administration
At the end of the contract, the administration shall issue the staff member with a certificate which shall contain only the following information:
- Date of recruitment of the staff member and date of termination of contract
- Functions occupied by the staff member, the hierarchical category to which they belong and the period during which they were actually exercised
- If applicable, periods of leave not treated as periods of actual work
Territorial (FPT)
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Full official
Condition of validity of resignation
For the resignation to be valid, it must be the result of a clear and unequivocal request to leave the administration or service.
The administration must ensure, for example during an interview, that the official knows and understands the statutory and financial implications of his decision.
A resignation may be annulled if it has been submitted under duress or in a state of severe depression which makes it impossible to assess the scope of that decision.
Written request
The official must submit his request by mail.
There is no text setting the time limit within which the application must be submitted before the desired departure date, but the time limit for the administration to reply should be taken into account.
Administration Response
Staff members may only leave their service if their resignation is accepted by the administration.
The decision of the administration shall be taken within one month of receipt of the request for resignation.
The resignation shall take effect on the date fixed by the administration.
If the official refuses to resign, he may refer the matter to the HEADING: titleContent. The CAP shall issue a reasoned opinion on the request for resignation which it shall forward to the administration.
Failure by the administration to reply within one month of receipt of the request for resignation shall not constitute an implied decision rejecting the resignation.
On the other hand, once the one-month period has expired, if the administration has not taken any decision, the request for resignation is no longer valid.
An official who maintains his request must make a new request for resignation.
Consequences of resignation
Irrevocable decision
Once accepted by the administration, the resignation is irrevocable.
As from the date of his resignation, the staff member shall lose his status as an official. He's removed from the frames.
If he subsequently wishes to rework in the public service, he must re-enter a competition or be recruited on an entry grade without competition or be recruited as a contractor.
Right to unemployment
Resignation is not eligible for unemployment benefits except in cases of lawful resignation.
Departure to work in the private sector
Certain functions exercised in the administration are incompatible with the exercise of private activities.
Entitlement to a public service pension
An official who has completed at least two years of service shall retain his or her retirement pension rights from the public service.
If the period of service is less than 2 years, the administration shall reinstatement to the general scheme.
Documents issued by the administration
There is no provision for a work certificate and balance of all accounts to be given to the former employee. However, you may request that these documents be issued to you.
Trainee official
Condition of validity of resignation
For the resignation to be valid, it must be the result of a clear and unequivocal request to leave the administration or service.
The administration must ensure, for example during an interview, that the official knows and understands the statutory and financial implications of his decision.
A resignation may be annulled if it has been submitted under duress or in a state of severe depression which makes it impossible to assess the scope of that decision.
Written request
The grievor must submit his request by mail.
There is no text setting the time limit within which the application must be submitted before the desired departure date, but the time limit for the administration to reply should be taken into account.
Administration Response
Staff members may only leave their service if their resignation is accepted by the administration.
The decision of the administration shall be taken within one month of receipt of the request for resignation.
The resignation shall take effect on the date fixed by the administration.
If the official refuses to resign, he may refer the matter to the HEADING: titleContent which shall deliver a reasoned opinion on the request for resignation which it shall forward to the administration.
Failure by the administration to reply within the prescribed period shall not constitute an implied decision rejecting the resignation.
On the other hand, once the time limit has expired, if the administration has not taken any decision, the request for resignation is no longer valid.
An official who maintains his request must make a new request for resignation.
Consequences of resignation
Irrevocable decision
Once accepted by the administration, the resignation is irrevocable.
As from the date of his resignation, the staff member shall lose his status as an official. He is removed from the frames and cannot request his re-entry on the aptitude list.
If he subsequently wishes to return to the public service, he must re-enter a competition or be recruited as a contractor.
Right to unemployment
Resignation is not eligible for unemployment benefits except in cases of lawful resignation.
Departure to work in the private sector
Certain functions exercised in the administration are incompatible with the exercise of private activities.
Entitlement to a public service pension
An official who has completed at least two years of service shall retain his or her retirement pension rights from the public service.
If the period of service is less than 2 years, the administration shall reinstatement to the general scheme.
Documents issued by the administration
There is no provision for a work certificate and balance of all accounts to be given to the former employee. However, you may request that these documents be issued to you.
Contractual
Condition of validity of resignation
For the resignation to be valid, it must be the result of a clear and unequivocal request to leave the administration or service.
The administration must ensure, for example during an interview, that the contract staff member knows and understands the implications of his decision for his career and remuneration.
A resignation may be annulled if it has been submitted under duress or in a state of severe depression which makes it impossible to assess the scope of that decision.
Written request
The contract staff member shall CSD: titleContent or DTA: titleContent must submit his resignation by registered post with acknowledgement of receipt.
The application must be submitted before the desired date of termination of service within the following period:
Age of service | Period of notice |
|---|---|
Less than 6 months | 8 days |
From 6 months to less than 2 years | 1 month |
From 2 years | 2 months |
Seniority is counted until the date of dispatch of the letter of resignation.
It shall be calculated taking into account all the staff member's contracts. In the case of discontinuous contracts, they are taken into account if the interruption between 2 contracts does not exceed 4 months and if it is not due to a previous resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Accident at work Paid sick leave (including for occupational disease)
- Sick leave
- Paid maternity or adoption and paternity and childcare leave
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for certain family events
- Leave for union training
- Training leave for youth leaders and youth workers
- Vocational training leave
- Representation leave
- Leave to conduct a period of military training or in an operational, civil security or health reserve
Other leave shall not result in the loss of seniority acquired before it was granted.
The period of notice shall start on 1er the day following the day on which the administration receives the registered letter of resignation. The termination of duties and remuneration shall be effected at the end of the period of notice.
Example :
For a staff member subject to a minimum of two months' notice whose registered letter of resignation is received by his administration on 25 September, the notice shall start on 26 September and end on 25 November. He ceases to hold office on the evening of 26 November and is paid until that date.
Administration Response
No text lays down the conditions for acceptance or refusal of resignation by the administration.
Consequences of resignation
Irrevocable decision
The resignation is irrevocable.
From the date of his resignation, the staff member shall lose his status as a public official. He's been struck off the force.
Vacation Pay
Vacation leave not taken for service requirements or for health reasons give rise to an allowance in lieu of annual leave.
The amount of the allowance is equal to 1/10e the total gross remuneration received in the current year.
Right to unemployment
Resignation is not eligible for unemployment benefits except in cases of lawful resignation.
Departure to work in the private sector
Certain functions exercised in the administration are incompatible with the exercise of private activities.
Documents issued by the administration
At the end of the contract, the territorial authority shall issue the staff member with a certificate containing only the following information:
- Date of recruitment of the staff member and date of termination of contract
- Functions occupied by the staff member, the hierarchical category to which they belong and the period during which they were actually exercised
- If applicable, periods of leave not treated as periods of actual work
Hospital (FPH)
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Full official
Condition of validity of resignation
For the resignation to be valid, it must be the result of a written request clearly and unequivocally expressing the express will to leave his administration or service.
The administration must ensure, for example during an interview, that the official knows and understands the statutory and financial implications of his decision.
A resignation may be annulled if it has been submitted under duress or in a state of severe depression which makes it impossible to assess the scope of that decision.
Written request
The grievor must submit his request by mail.
There is no text setting the time limit within which the application must be submitted before the desired departure date, but the time limit for the administration to reply should be taken into account.
Administration Response
Staff members may only leave their service if their resignation is accepted by the administration.
The decision of the administration shall be taken within one month of receipt of the request for resignation.
The resignation shall take effect on the date fixed by the administration.
Failure by the administration to reply within the prescribed period shall not constitute an implied decision rejecting the resignation.
On the other hand, once the time limit has expired, if the administration has not taken any decision, the request for resignation is no longer valid.
An official who maintains his request must make a new request for resignation.
Consequences of resignation
Irrevocable decision
Once accepted by the administration, the resignation is irrevocable.
As from the date of his resignation, the staff member shall lose his status as an official. He's removed from the frames.
If he subsequently wishes to rework in the public service, he must re-enter a competition or be recruited on an entry grade without competition or be recruited as a contractor.
Right to unemployment
Resignation is not eligible for unemployment benefits except in cases of lawful resignation.
Departure to work in the private sector
Certain functions exercised in the administration are incompatible with the exercise of private activities.
Entitlement to a public service pension
An official who has completed at least two years of service shall retain his or her retirement pension rights from the public service.
If the period of service is less than 2 years, the administration shall reinstatement to the general scheme.
Documents issued by the administration
There is no provision for a work certificate and balance of all accounts to be given to the former employee. However, you may request that these documents be issued to you.
Trainee official
Condition of validity of resignation
For the resignation to be valid, it must be the result of a clear and unequivocal request to leave the administration or service.
The administration must ensure, for example during an interview, that the official knows and understands the statutory and financial implications of his decision.
A resignation may be annulled if it has been submitted under duress or in a state of severe depression which makes it impossible to assess the scope of that decision.
Written request
The official must submit his resignation by post.
The application must be submitted at least 1 month before the desired date of termination of service.
Administration Response
Staff members may only leave their service if their resignation is accepted by the administration.
There is no provision for a time limit within which the administration must respond to the request for resignation.
Consequences of resignation
Irrevocable decision
Once accepted by the administration, the resignation is irrevocable.
As from the date of his resignation, the staff member shall lose his status as an official. He's removed from the frames.
If he subsequently wishes to return to the public service, he must re-enter a competition or be recruited as a contractor.
Right to unemployment
Resignation is not eligible for unemployment benefits except in cases of lawful resignation.
Departure to work in the private sector
Certain functions exercised in the administration are incompatible with the exercise of private activities.
Entitlement to a public service pension
An official who has completed at least two years of service shall retain his or her retirement pension rights from the public service.
If the period of service is less than 2 years, the administration shall reinstatement to the general scheme.
Documents issued by the administration
There is no provision for a work certificate and balance of all accounts to be given to the former employee. However, you may request that these documents be issued to you.
Contractual
Condition of validity of resignation
For the resignation to be valid, it must be the result of a clear and unequivocal request to leave the administration or service.
The administration must ensure, for example during an interview, that the contract staff member knows and understands the implications of his decision for his career and remuneration.
A resignation may be annulled if it has been submitted under duress or in a state of severe depression which makes it impossible to assess the scope of that decision.
Written request
The contract staff member shall CSD: titleContent or DTA: titleContent must submit his resignation by registered post with acknowledgement of receipt.
The application must be submitted before the desired date of termination of service within the following period:
Age of service | Period of notice |
|---|---|
Less than 6 months | 8 days |
From 6 months to less than 2 years | 1 month |
From 2 years | 2 months |
Seniority is counted until the date of dispatch of the letter of resignation.
It shall be calculated taking into account all the staff member's contracts. In the case of discontinuous contracts, they are taken into account if the interruption between 2 contracts does not exceed 4 months and if it is not due to a previous resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Accident at work Paid sick leave (including for occupational disease)
- Sick leave
- Paid maternity or adoption and paternity and childcare leave
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Leave for union training
- Training leave for youth leaders and youth workers
- Vocational training leave
- Representation leave
- Leave to conduct a period of military training or in an operational, civil security or health reserve
Other leave shall not result in the loss of seniority acquired before it was granted.
The period of notice shall start on 1er the day following the day on which the administration receives the registered letter of resignation. The termination of duties and remuneration shall be effected at the end of the period of notice.
Example :
For a staff member subject to a minimum of two months' notice whose registered letter of resignation is received by his administration on 25 September, the notice shall start on 26 September and end on 25 November. He ceases to hold office on the evening of 26 November and is paid until that date.
Administration Response
No text lays down the conditions for acceptance or refusal of resignation by the administration.
Consequences of resignation
Irrevocable decision
The resignation is irrevocable.
From the date of his resignation, the staff member shall lose his status as a public official. He's been struck off the force.
Right to unemployment
Resignation is not eligible for unemployment benefits except in cases of lawful resignation.
Departure to work in the private sector
Certain functions exercised in the administration are incompatible with the exercise of private activities.
Documents issued by the administration
At the end of the contract, the head of establishment shall issue the staff member with a certificate containing only the following information:
- Date of recruitment of the staff member and date of termination of contract
- Functions occupied by the staff member, the hierarchical category to which they belong and the period during which they were actually exercised
- If applicable, periods of leave not treated as periods of actual work.
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