Le lien vers cette page a été envoyé avec succès aux destinataires.
Dismissal of an official
Verified 11 October 2021 - Directorate for Legal and Administrative Information (Prime Minister)
Formality by which a procedural document or a decision is brought to the attention of a person
A set of officials subject to the same set of rules, called special status, fixed by decree, and intended to occupy the same posts
Additional cases ?
The dismissal of an official may take place for different reasons depending on whether the official is a member of staff or a trainee. Depending on the reason for the termination, the procedure varies and the employee may or may not receive severance pay.
What applies to you ?
Veuillez patienter pendant le chargement de la page
State Civil Service (EPF)
Répondez aux questions successives et les réponses s’afficheront automatiquement
Refusal of post(s) after sick leave
An official who refuses, without good reason relating to his state of health, the proposed post(s) after a ordinary sick leave, of long illness or long life, is dismissed.
The dismissal shall be pronounced after the Commission has delivered an opinion HEADING: titleContent.
A dismissed official shall not be entitled to severance pay.
He is entitled to unemployment benefits (return to employment assistance allowance - ARE).
Refusal of positions at the end of an availability
An official who has been laid off and who successively refuses three posts proposed for his reinstatement may be dismissed after obtaining the opinion of the HEADING: titleContent.
A dismissed official shall not be entitled to severance pay.
He is entitled to unemployment benefits (return to employment assistance allowance - ARE).
Occupational failure
An official may be dismissed for professional incompetence after obtaining the opinion of the Disciplinary Board.
Incompetence shall consist in the inability to perform the duties corresponding to a grade in relation to the capacities which the administration is entitled to expect from an official of that grade.
The administration shall inform the staff member that he may, if he so wishes, consult his individual file or the documents on which it relies to consider his dismissal.
The dismissal decision may be the subject, within 2 months of the date of its notification of a ex gratia and/or hierarchical appeal and/or a litigation before the administrative court.
In the case of an ex gratia or hierarchical appeal, the 2-month period for bringing proceedings before the administrative court is suspended until the administration has notified its decision.
A dismissed official shall be entitled to severance pay.
Its amount is calculated according to the following formula:
[(last gross index salary + residence allowance + family salary supplement) x 75%] x number of years of pensionable service (up to 15 years)
The amounts of index salary, residence allowance and SFT taken into account are those in force at the time of dismissal.
The severance pay shall be paid in monthly installments equal to the maximum of the last gross salary received by the official.
A dismissed staff member may receive unemployment benefits if he completes compensation requirements.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Permanent physical incapacity
A probationary official who is permanently unfit for any post after sick leave (paid or unpaid) shall be dismissed if he is not a member of another institution body or framework of uses.
Dismissal shall be made after consultation with the Reform Commission or the Medical Committee.
Where a probationary official is employed in another body or framework of employment, his secondment for probationary duties shall be terminated. The official shall be reinstated in his home administration and disability pension.
A dismissed probationary official shall not be entitled to severance pay.
Accident at work But if his physical incapacity is the result of an occupational disease and is found at the end of a CitisHowever, he is entitled to an annuity from the administration which employed him. The amount of the pension shall be fixed under the same conditions as for an employee covered by the general social security scheme.
A dismissed staff member may receive unemployment benefits if he completes compensation requirements.
Occupational failure
A probationary official may be dismissed on grounds of professional incompetence if he has completed at least half his probationary period and is not a permanent member of another probationary period body or framework of uses.
Incompetence shall consist in the inability to perform the duties corresponding to a grade in relation to the capacities which the administration is entitled to expect from an official of that grade.
Where a probationary official is employed in another body or framework of employment, his secondment for probationary duties shall be terminated and he shall be reinstated in his home administration.
The dismissal shall be pronounced after the Commission has delivered an opinion HEADING: titleContent unless his professional competence is to be assessed by a jury.
The administration shall inform the staff member that he may, if he so wishes, consult his individual file or the documents on which it relies to consider his dismissal.
The dismissal decision may be the subject, within 2 months of the date of its notification of a ex gratia and/or hierarchical appeal and/or a litigation before the administrative court.
In the case of an ex gratia or hierarchical appeal, the 2-month period for bringing proceedings before the administrative court is suspended until the administration has notified its decision.
A dismissed official shall not be entitled to severance pay.
A dismissed staff member may receive unemployment benefits if he completes compensation requirements.
Territorial (FPT)
Répondez aux questions successives et les réponses s’afficheront automatiquement
Refusal of post(s) after sick leave
An official who refuses, without good reason relating to his state of health, the post proposed after a ordinary sick leave, of long illness or long life, is dismissed.
The dismissal shall be pronounced after the Commission has delivered an opinion HEADING: titleContent.
A dismissed official shall not be entitled to severance pay.
He is entitled to unemployment benefits (return to employment assistance allowance - ARE).
Absence of vacant post at the end of a posting to a functional post
In the absence of a vacant post corresponding to his grade, an official whose secondment to a functional post (managerial post) ends may apply for his dismissal.
He must submit his request for dismissal within one month of the last day of the month in which he was notified of the decision terminating his employment.
A dismissed official shall be entitled to severance pay.
Its amount is equal to the last monthly index salary, net of pension contributions, plus the residence allowance, multiplied by the number of years of service.
Only services performed in the F/P/T are considered. Services performed on a non-full-time or part-time basis shall be taken into account for their actual duration.
The amount shall be increased by 10% if the official is at least 50 years old.
The allowance may not be less than 1 year or more than 2 years' salary.
However, it may not exceed 1 year's salary if the official has completed 37,5 years of actual service and is 60 years of age on or after the date of the decision to leave office.
A dismissed staff member may receive unemployment benefits if he completes compensation requirements.
Refusal of positions at the end of an availability
An official who rejects in turn three proposals for posts corresponding to his grade at the end of an availability shall be dismissed.
The dismissal shall be pronounced after the Commission has delivered an opinion HEADING: titleContent.
A dismissed official shall not be entitled to severance pay.
He is entitled to unemployment benefits (return to employment assistance allowance - ARE).
Refusal of a job offer by an official under the supervision of the NCTF or a management center
The official supported by the CNFPT: titleContent or a management center which refuses offers of employment intended to terminate its care is dismissed (or retired if it is at least 62 years old).
The job proposals taken into account may be full-time or non-full-time depending on the job of origin.
The job offer must be firm and precise, in the form of a job offer containing information on the nature of the job and on remuneration. The proposed post must correspond to the functions previously performed or those defined in the special statute of the employment framework of the official.
If the official is taken over following the abolition of his post following a delegation of service and his refusal to be seconded to the beneficiary of the delegation, he shall be dismissed after two refusals of a job offer.
If he is taken into care for another reason, he is dismissed after 3 job offers have been refused.
In the two cases, the dismissal does not entitle the employee to payment of severance pay.
The official is entitled to unemployment benefits (return to employment assistance allowance - ARE).
Occupational failure
An official may be dismissed for professional incompetence after obtaining the opinion of the Disciplinary Board.
Incompetence shall consist in the inability to perform the duties corresponding to a grade in relation to the capacities which the administration is entitled to expect from an official of that grade.
The administration shall inform the staff member that he may, if he so wishes, consult his individual file or the documents on which it relies to consider his dismissal.
The dismissal decision may be the subject, within 2 months of the date of its notification of a ex gratia and/or hierarchical appeal and/or a litigation before the administrative court.
In the case of an ex gratia or hierarchical appeal, the 2-month period for bringing proceedings before the administrative court is suspended until the administration has notified its decision.
A dismissed official shall be entitled to severance pay, except in the case of gross negligence.
Its amount is calculated according to the following formula:
[(last gross index salary + residence allowance + family salary supplement) x 75%] x number of years of pensionable service (up to 15 years)
The amounts of index salary, residence allowance and SFT taken into account are those in force at the time of dismissal.
A dismissed staff member may receive unemployment benefits if he completes compensation requirements.
Refusal by a non-full-time official to change his working hours
A non-full-time official whose weekly working time is less than 5.30 p.m. shall be dismissed if he is in one of the following cases:
- He is refusing to amend at least 10% an increase or decrease in his hours of work per week and his relocation to another job in the same community is not possible.
- His job is terminated and his relocation to another job in the same community is not possible.
The reclassification must take place in a job with equivalent working time and falling within the same hierarchical category as the previous job. If this is not possible, reclassification may be carried out on a post in a category lower than that of the previous post, with the express agreement of the staff member.
The offer of reclassification shall be written and precise. The proposed employment is compatible with the professional skills of the staff member.
A dismissed official shall be entitled to severance pay.
Its amount is equal to 1 month's index salary, net of pension contributions, plus residence allowance, per year of actual service in the FPT.
The monthly index salary taken into account is that which the grievor would have received had he been employed full-time.
If the official continues to hold one or more other posts, only the services performed in the converted or discontinued post shall be taken into account in determining the amount of the allowance.
Periods completed on a non-full-time or part-time basis shall be taken into account for their actual duration. The actual period of service shall be equal to the period of non-full-time or part-time service multiplied by the quotient obtained by dividing the official's weekly working time by that of a full-time official.
The severance pay shall be increased by 10% if the official is at least 50 years old.
The amount of the allowance may not be less than 1 month or more than 18 months' salary. However, the amount of the allowance may not exceed 1 year of salary if the official meets the following 2 conditions:
- He is at least 60 years old on the date of dismissal, or within one month of dismissal
- He fills the insurance term requirement for a full rate pension.
The allowance shall be payable in full, within three months of the day on which the official applied for it.
A dismissed staff member may receive unemployment benefits if he completes compensation requirements.
Non-full-time staff member not reinstated upon end of availability
A non-full-time official whose weekly working time is less than 5.30 p.m. shall be dismissed if he cannot be reinstated at the end of an automatic or family reasons.
This applies if it is not possible to reinstate him in his original job or in the firstre vacancy or creation of a post in his grade.
A dismissed official shall be entitled to severance pay.
Its amount is equal to 1 month's index salary, net of pension contributions, plus residence allowance, per year of actual service in the FPT.
The monthly index salary taken into account is that which the grievor would have received had he been employed full-time.
If the official continues to hold one or more other posts, only the services performed in the converted or discontinued post shall be taken into account in determining the amount of the allowance.
Periods completed on a non-full-time or part-time basis shall be taken into account for their actual duration. The actual period of service shall be equal to the period of non-full-time or part-time service multiplied by the quotient obtained by dividing the official's weekly working time by that of a full-time official.
The severance pay shall be increased by 10% if the official is at least 50 years old.
The amount of the allowance may not be less than 1 month or more than 18 months of salary. However, the amount of the allowance may not exceed 1 year of salary if the official meets the following 2 conditions:
- He is at least 60 years of age on the date of dismissal, or within one month after,
- He fills the insurance term requirement for a full rate pension.
The allowance shall be payable in full, within three months of the day on which the official applied for it.
A dismissed staff member may receive unemployment benefits if he completes compensation requirements.
Permanent physical incapacity of a non-full-time official
A non-full-time official who is covered by the general social security scheme and who is permanently physically unfit for the performance of his duties shall be dismissed if he cannot be reclassified.
This applies to non-full-time employees whose weekly working hours are less than 28 hours per week.
Incapacity may occur at the end of sick leave, serious illness, disability attributable to service (Citis), maternity, paternity, adoption or at the end of statutory availability.
If the incapacity occurs after maternity, paternity or adoption leave, dismissal may take place only after a period of 4 weeks following the end of that leave. If the incapacity is established during sick leave, serious illness or a Citis, the dismissal may be postponed until the end of the leave entitlement.
An official dismissed on grounds of physical incapacity shall receive severance pay.
The allowance is equal to one-half of the monthly index salary for each of the first 12 years of service and one-third of the monthly index salary for each of the following years.
However, the amount of the allowance may not exceed 12 times the amount of the monthly index salary.
The monthly index salary taken into account is the last monthly salary that the staff member would have received if he had been full-time, net of pension contributions, plus the residence allowance.
Periods completed on a non-full-time or part-time basis shall be taken into account for their actual duration. The actual duration shall be equal to the period of non-full-time or part-time service multiplied by a quotient. This quotient is obtained by dividing the weekly working time of the official by that of a full-time official.
Any fraction of services equal to or greater than 6 months is counted for 1 year. Any fraction of services less than 6 months is not considered.
If the employee is at least 62 years of age, the severance pay shall be reduced by 1.67% per month of services beyond that age.
The compensation shall be paid by the community or establishment which made the decision to dismiss.
A dismissed staff member may receive unemployment benefits if he completes compensation requirements.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Permanent physical incapacity
A probationary official who is permanently unfit for any post at the end of sick leave shall be dismissed if he is not a member of another institution body or framework of uses.
If the probationary official is employed in another body or framework of employment, his secondment for probationary duties shall be terminated. The official shall be reinstated in his home administration and disability pension.
Dismissal shall be made after consultation with the Reform Commission or the Medical Committee.
A dismissed probationary official shall not be entitled to severance pay.
Accident at work But he is entitled to an annuity from the administration which employed him, if his physical incapacity is the result of an occupational disease or an occupational disease. The amount of the pension shall be fixed under the same conditions as for an employee covered by the general social security scheme.
A dismissed staff member may receive unemployment benefits if he completes compensation requirements.
Occupational failure
A probationary official may be dismissed on grounds of professional incompetence if he has completed at least half his probationary period and is not a permanent member of another body or framework of uses.
Incompetence shall consist in the inability to perform the duties corresponding to a grade in relation to the capacities which the administration is entitled to expect from an official of that grade.
Where a probationary official is employed in another body or framework of employment, his secondment for probationary duties shall be terminated and he shall be reinstated in his home administration.
The administration shall inform the staff member that he may, if he so wishes, consult his individual file or the documents on which it relies to consider his dismissal.
The dismissal shall be pronounced after the Commission has delivered an opinion HEADING: titleContent.
The dismissal decision may be the subject, within 2 months of the date of its notification of a ex gratia and/or hierarchical appeal and/or a litigation before the administrative court.
In the case of an ex gratia or hierarchical appeal, the 2-month period for bringing proceedings before the administrative court is suspended until the administration has notified its decision.
The penalty shall remain immediately applicable even if the official lodges an appeal.
A dismissed official shall not be entitled to severance pay.
A dismissed staff member may receive unemployment benefits if he completes compensation requirements.
Hospital (FPH)
Répondez aux questions successives et les réponses s’afficheront automatiquement
Refusal of positions at the end of an availability
An official who rejects in turn three proposals for posts corresponding to his grade after being made available shall be dismissed.
The dismissal shall be pronounced after the Commission has delivered an opinion HEADING: titleContent.
A dismissed official shall not be entitled to severance pay.
He is entitled to unemployment benefits (return to employment assistance allowance - ARE).
Occupational failure
An official may be dismissed for professional incompetence after obtaining the opinion of the Disciplinary Board.
Incompetence shall consist in the inability to perform the duties corresponding to a grade in relation to the capacities which the administration is entitled to expect from an official of that grade.
The administration shall inform the staff member that he may, if he so wishes, consult his individual file or the documents on which it relies to consider his dismissal.
The dismissal decision may be the subject, within 2 months of the date of its notification of a ex gratia and/or hierarchical appeal and/or a litigation before the administrative court.
In the case of an ex gratia or hierarchical appeal, the 2-month period for bringing proceedings before the administrative court is suspended until the administration has notified its decision.
A dismissed official shall be entitled to severance pay.
Its amount is calculated according to the following formula:
[(last gross index salary + residence allowance + family salary supplement) x 75%] x number of years of pensionable service (up to 15 years)
The amounts of index salary, residence allowance and SFT taken into account are those in force at the time of dismissal.
The severance pay shall be paid in monthly installments equal to the maximum of the last gross salary received by the official.
A dismissed staff member may receive unemployment benefits if he completes compensation requirements.
Permanent physical incapacity of a non-full-time official
A non-full-time official who is covered by the general social security scheme and who is permanently physically unfit for the performance of his duties shall be dismissed if he cannot be reclassified.
This applies to non-full-time employees whose weekly working hours are less than 28 hours per week.
Incapacity may occur at the end of sick leave, serious illness, disability attributable to service (Citis), maternity, paternity, adoption or at the end of statutory availability.
If the incapacity occurs after maternity, paternity or adoption leave, dismissal may take place only after a period of 4 weeks following the end of that leave. If the incapacity is established during sick leave, serious illness or a Citis, the dismissal may be postponed until the end of the leave entitlement.
An official dismissed on grounds of physical incapacity shall receive severance pay.
The allowance is equal to one-half of the monthly index salary for each of the first 12 years of service and one-third of the monthly index salary for each of the following years.
However, the amount of the allowance may not exceed 12 times the amount of the monthly index salary.
The monthly index salary taken into account is the last monthly salary that the staff member would have received if he had been full-time, net of pension contributions, plus the residence allowance.
When the last treatment was halved due to sick leave or serious illness, the treatment taken into account is the last full treatment.
Periods completed on a non-full-time or part-time basis shall be taken into account for their actual duration. The actual duration shall be equal to the period of non-full-time or part-time service multiplied by a quotient. This quotient is obtained by dividing the weekly working time of the official by that of a full-time official.
Any fraction of services equal to or greater than 6 months is counted for 1 year. Any fraction of services less than 6 months is not considered.
If the employee is at least 62 years of age, the severance pay shall be reduced by 1.67% per month of services beyond that age.
The compensation is paid by the community that made the termination decision.
A dismissed staff member may receive unemployment benefits if he completes compensation requirements.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Permanent physical incapacity
An official who is permanently unfit for any post after sick leave (whether paid or not) shall be dismissed if he is not a member of another institution body or framework of uses.
If the probationary official is employed in another body or framework of employment, his secondment for probationary duties shall be terminated. The official shall be reinstated in his home administration and disability pension.
Dismissal shall be made after consultation with the Reform Commission or the Medical Committee.
A dismissed official shall not be entitled to severance pay.
Accident at work But he is entitled to an annuity from the administration which employed him, if his physical incapacity is the result of an occupational disease or an occupational disease. The amount of the pension shall be fixed under the same conditions as for an employee covered by the general social security scheme.
A dismissed staff member may receive unemployment benefits if he completes compensation requirements.
Occupational failure
An official may be dismissed for professional incompetence if he has completed at least six months' probationary period and is not a permanent employee in another body or framework of uses.
Incompetence shall consist in the inability to perform the duties corresponding to a grade in relation to the capacities which the administration is entitled to expect from an official of that grade.
Where a probationary official is employed in another body or framework of employment, his secondment for probationary duties shall be terminated and he shall be reinstated in his home administration.
The dismissal shall be pronounced after the Commission has delivered an opinion HEADING: titleContent, unless his professional competence is to be assessed by a jury.
The administration shall inform the staff member that he may, if he so wishes, consult his individual file or the documents on which it relies to consider his dismissal.
The dismissal decision may be the subject, within 2 months of the date of its notification of a ex gratia and/or hierarchical appeal and/or a litigation before the administrative court.
In the case of an ex gratia or hierarchical appeal, the 2-month period for bringing proceedings before the administrative court is suspended until the administration has notified its decision.
The penalty shall remain immediately applicable even if the official lodges an appeal.
A dismissed official shall not be entitled to severance pay.
A dismissed staff member may receive unemployment benefits if he completes compensation requirements.
Consultation of the FPH's CAPs in the event of dismissal for incompetence
Dismissal of probationary territorial official
Dismissal of probationary hospital official
Dismissal of the official on lay-off after 3 refusal of job offer
Articles L542-19, L542-21 to L542-24: Dismissal of the territorial official in charge
Articles L544-4, L544-6: Dismissal of territorial official on functional employment
Final termination of the official's duties
Dismissal of the official
Dismissal of the contractor in the event of a transfer of activities
FAQ
Service-Public.fr