Le lien vers cette page a été envoyé avec succès aux destinataires.
Dismissal of a public service contractor
Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Corresponds to all days of the week except the weekly day of rest (usually Sunday) and public holidays usually not worked in the company
Formality by which a procedural document or a decision is brought to the attention of a person
Employment corresponding to a normal and usual activity of the administration as opposed to a job which allows to cope with an occasional need (one-off activity, momentary increase in activity)
The person from whom you come: parent, grandparent, great-grandparent,...
Dismissal may take place for various reasons. Depending on the reason for dismissal, the procedure varies and you may or may not benefit from certain guarantees (reclassification, notice, severance pay, etc.).
What applies to you ?
State Civil Service (EPF)
What is called professional insufficiency?
Incompetence is characterized by the inability of a staff member to perform normally the duties for which he has been engaged.
Incompetence can be characterized in particular by the lack of rigor in the execution of tasks, the slowness and mediocrity of the work carried out, the inability to work as a team, etc.
What is the dismissal procedure?
Submission of the individual file
The administration informs you that you can request the full communication of your individual file.
You can also request the release of any document on which the administration bases its decision, even if it is not on your individual file.
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
This letter indicates the subject of the summons.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the interview, the administration will inform you of the reason for your dismissal.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or for birth or adoption or paternity and childcare
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can send, within 15 days of the notification, a certificate from theAse: titleContent.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
The decision to dismiss is communicated to you by registered letter with acknowledgement of receipt or by hand against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
Notice
You are entitled to notice of dismissal, the duration of which varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You are a seconded civil servant as a contractor
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
What is the amount of the compensation?
General case
The severance pay is equal to 1/4 months of salary for each of your first 12 years of service and 1/6 months of salary for each of the following years.
His amount is limited to 6 months of salary.
Any portion of services greater than or equal to 6 months counts for 1 year. Any fraction of services less than 6 months is not considered.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
You were employed on a project contract
Severance pay is equal to 10% the total remuneration you received at the end of your contract.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
In the event of disciplinary misconduct, i.e. failure to comply with your professional obligations, you may be dismissed without notice.
You are not entitled to severance pay or vacation pay.
Your administration may not initiate disciplinary proceedings beyond a period of three years from the day on which it has had actual knowledge of the reality, nature and extent of the facts.
If you are the subject of criminal proceedings, this period of 3 years is interrupted until the final decision of no further action, dismissal, acquittal, discharge or conviction.
What is the dismissal procedure?
Submission of the individual file
The administration informs you that you can request the full communication of your individual file.
You can also request the release of any document on which the administration bases its decision, even if it is not on your individual file.
You can have the support of any of the advocates you want.
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
This letter indicates the subject of the summons.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the interview, the administration will inform you of the reason for your dismissal.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
Only staff representatives holding a position in the hierarchical category at least equal to that of your job and an equal number of representatives of the administration shall participate in the deliberations.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or for birth or adoption or paternity and childcare
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can send, within 15 days of the notification, a certificate from theAse: titleContent.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
The decision to dismiss is communicated to you by registered letter with acknowledgement of receipt or by hand against signature.
The letter specifies the reason for the dismissal and the date on which it occurs.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
In what circumstances can a person be dismissed for physical incapacity?
You may be dismissed for physical incapacity:
- If it is medically established by a licensed medical practitioner that you are permanently unfit for employment
- And if you can't be reclassified to another job.
This may occur at the end of a sick leave (for occupational or non-occupational disease)) or at the end of a leave of absence due to serious illness.
This may also occur at the end of maternity or adoption leave or at the end of paternity leave.
What is the dismissal procedure?
Communication of the individual file and the medical file
The administration informs you that you can request the communication of your medical file and your individual file.
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
The notice of interview shall specify the reason for the dismissal and the date on which it is to take place, taking into account the annual leave entitlements remaining due and the duration of the notice.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or for birth or adoption or paternity and childcare
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can send, within 15 days of the notification, a certificate from theAse: titleContent.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
This letter also invites you to submit a written request for reclassification and indicates the conditions under which reclassification offers can be sent to you.
If the dismissal takes place after maternity or adoption leave or paternity leave, it may not take place until 10 weeks after the end of that leave.
What is the reclassification procedure?
You must submit your request for reclassification within a period that varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 4 days |
Between 6 months and 2 years | 15 months |
At least 2 years | 1 month |
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a job of the same hierarchical category as your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The job offered must be adapted to your health and compatible with your professional skills.
If no reclassification can be offered before the end of the notice period, you will be placed on leave without pay for up to 3 months at the end of the notice period.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification to a job suitable for your physical abilities is impossible and has not been carried out at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
How long is the notice period?
The length of notice varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
You may waive the notice at any time.
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You are a seconded civil servant as a contractor
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
Termination Certificate
The severance pay is equal to 1/2 months of salary for each of your first 12 years of service and 1/3 months of salary for each of the following years.
His amount is limited to 12 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
You can be dismissed if the need or the job that justified your recruitment in CSD: titleContent or DTA: titleContent on a permanent employment.
Your dismissal can only be pronounced if your reclassification to another job is not possible.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and the deadline for submitting your written request for reclassification.
It also tells you the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or for birth or adoption or paternity and childcare
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can send, within 15 days of the notification, a certificate from theAse: titleContent.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
This letter also invites you to submit a written request for reclassification and indicates the conditions under which reclassification offers can be sent to you.
What is the reclassification procedure?
You must submit your request for reclassification within a period that varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 4 days |
Between 6 months and 2 years | 15 months |
At least 2 years | 1 month |
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a job of the same hierarchical category as your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification shall be written and precise.
The proposed job must be compatible with your professional skills.
If no reclassification can be offered before the end of the notice period, you will be placed on leave without pay for up to 3 months at the end of the notice period.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
How long is the notice period?
The length of notice varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You are a seconded civil servant as a contractor
- Or you are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- Or you immediately find a job in the civil service or in a mixed-economy business in which the government or a local government has a majority stake
What is the amount of the compensation?
The severance pay is equal to 1/2 months of salary for each of your first 12 years of service and 1/3 months of salary for each of the following years.
His amount is limited to 12 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
In what cases can a person be dismissed for altering his or her job?
You can be fired if the need or the job that justified your recruitment changes.
You may be terminated for this reason if you are recruited on a permanent employment or if you are recruited on a non-permanent job by project contract.
If you have a permanent job, your administration may propose to you, in the event of a change in the need or in the employment which justified your recruitment, the modification of a substantial element of your employment contract.
This may be a change in your working hours or a change in your workplace.
It may also be a change in your duties, provided that this change is compatible with your professional qualification.
The proposed amendment is sent to you by registered letter with acknowledgement of receipt or by hand against signature.
This letter informs you that you have one month from its receipt to indicate your acceptance or refusal.
In the absence of a reply within this period of one month, you shall be deemed to have rejected the proposed amendment.
If you refuse the proposed change, your administration can only dismiss you if you cannot be reclassified to another job.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and, if you have a permanent job, the time limit within which you must submit your written request for reclassification.
The administration also informs you of the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or for birth or adoption or paternity and childcare
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can send, within 15 days of the notification, a certificate from theAse: titleContent.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
If you have a permanent job, this letter also invites you to submit a written request for reclassification and indicates the conditions under which reclassification offers may be sent to you.
What is the reclassification procedure?
You must submit your request for reclassification within a period that varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 4 days |
Between 6 months and 2 years | 15 months |
At least 2 years | 1 month |
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a job of the same hierarchical category as your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification shall be written and precise.
The proposed job must be compatible with your professional skills.
If no reclassification can be offered before the end of the notice period, you will be placed on leave without pay for up to 3 months at the end of the notice period.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
How long is the notice period?
That you were occupying a permanent employment or non-permanent employment by project contract, you are entitled to a period of notice which varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You are a seconded civil servant as a contractor
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
What is the amount of the compensation?
The severance pay is equal to 1/2 months of salary for each of your first 12 years of service and 1/3 months of salary for each of the following years.
His amount is limited to 12 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
You may be dismissed if an official is recruited on your permanent employment.
Your dismissal can only be pronounced if your reclassification to another job is not possible.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and the deadline for submitting your written request for reclassification.
It also tells you the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or for birth or adoption or paternity and childcare
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can send, within 15 days of the notification, a certificate from theAse: titleContent.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
This letter also invites you to submit a written request for reclassification and indicates the conditions under which reclassification offers can be sent to you.
What is the reclassification procedure?
You must submit your request for reclassification within a period that varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 4 days |
Between 6 months and 2 years | 15 months |
At least 2 years | 1 month |
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a job of the same hierarchical category as your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification shall be written and precise.
The proposed job must be compatible with your professional skills.
If no reclassification can be offered before the end of the notice period, you will be placed on leave without pay for up to 3 months at the end of the notice period.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
How long is the notice period?
The length of notice varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You are a seconded civil servant as a contractor
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
What is the amount of the compensation?
The severance pay is equal to 1/2 months of salary for each of your first 12 years of service and 1/3 months of salary for each of the following years.
His amount is limited to 12 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
What is the modification of a substantial element of the contract?
You can be licensed if you reject a change to a substantive element of your contract proposed by the administration.
The change may affect your working time or your workplace.
It can also be a changing your functions, provided that this change is compatible with your professional qualification.
You may be terminated for this reason if you are recruited on a permanent employment or if you are recruited on a non-permanent job by project contract.
The proposed amendment is sent to you by registered letter with acknowledgement of receipt or by hand against signature.
This letter informs you that you have one month from its receipt to indicate your acceptance or refusal.
In the absence of a reply within this period of one month, you shall be deemed to have rejected the proposed amendment.
If you reject the proposed change, your administration cannot terminate your employment. if you have a permanent job, only if your reclassification to another job is not possible.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and, if you have a permanent job, the time limit within which you must submit your written request for reclassification.
The administration also informs you of the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or for birth or adoption or paternity and childcare
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can send, within 15 days of the notification, a certificate from theAse: titleContent.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
If you have a permanent job, this letter also invites you to submit a written request for reclassification and indicates the conditions under which reclassification offers may be sent to you.
What is the reclassification procedure?
You must submit your request for reclassification within a period that varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 4 days |
Between 6 months and 2 years | 15 months |
At least 2 years | 1 month |
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a job of the same hierarchical category as your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification shall be written and precise.
The proposed job must be compatible with your professional skills.
If no reclassification can be offered before the end of the notice period, you will be placed on leave without pay for up to 3 months at the end of the notice period.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
How long is the notice period?
That you were occupying a permanent employment or non-permanent employment by project contract, you are entitled to a period of notice which varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You are a seconded civil servant as a contractor
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
What is the amount of the compensation?
The severance pay is equal to 1/2 months of salary for each of your first 12 years of service and 1/3 months of salary for each of the following years.
His amount is limited to 12 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
In which case can dismissal take place?
You may be dismissed if your administration cannot re-employ you on your previous job or on a similar job with equivalent pay at the end of a unpaid leave.
This can happen at the end of one of the following holidays:
- Unpaid leave of absence from work disease
- Family Solidarity Leave
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, your spouse, your Civil partnerships: titleContent or a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to move for work reasons
- Parental leave
- Vocational training leave
- Family Solidarity Leave
- Caregiver leave
- Leave for family reasons
- Leave for personal reasons
- Leave to create or resume a company
- Reserve leave
- Leave to complete a preparatory cycle for a competition for access to a public post or a probationary period or a period of schooling prior to appointment to a public post
- Parental leave
- Parental Leave
- Mobility leave
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
The notice of interview shall specify the reason for the dismissal and the date on which it is to take place, taking into account the annual leave entitlements remaining due and the duration of the notice.
Consultation of the Joint Consultative Commission (JCC)
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or for birth or adoption or paternity and childcare
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can send, within 15 days of the notification, a certificate from theAse: titleContent.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
How long is the notice period?
The length of notice varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You are a seconded civil servant as a contractor
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
What is the amount of the compensation?
The severance pay is equal to 1/2 months of salary for each of your first 12 years of service and 1/3 months of salary for each of the following years.
His amount is limited to 12 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits, if you qualify.
Territorial (FPT)
What is called professional insufficiency?
Incompetence is characterized by the inability of a staff member to perform normally the duties for which he has been engaged.
Incompetence can be characterized in particular by the lack of rigor in the execution of tasks, the slowness and mediocrity of the work carried out, the inability to work as a team, etc.
What is the dismissal procedure?
Submission of the individual file
The administration informs you that you can request the full communication of your individual file.
You can also request the release of any document on which the administration bases its decision, even if it is not on your individual file.
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
This letter indicates the subject of the summons.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person of your choice.
During the interview, the administration will inform you of the reason for your dismissal.
Consultation of the Joint Consultative Commission
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or paternity and childcare leave
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if you have applied to theAse: titleContent, you must justify the existence of this ongoing procedure, within 15 days of the notification of the dismissal, and request adoption leave.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
The decision to dismiss is communicated to you by registered letter with acknowledgement of receipt or by hand against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
Notice
You are entitled to notice of dismissal, the duration of which varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
If you have a disability and benefit from the obligation to employ, the duration of your notice is doubled if you have declared recognition of your disability to your employer's administration.
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Unpaid leave for certain family events
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You are a civil servant on secondment as a contractor, on standby or off-duty
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
What is the amount of the compensation?
General case
The severance pay is equal to 1/4 months of salary for each of your first 12 years of service and 1/6 months of salary for each of the following years.
His amount is limited to 6 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
You were employed on a project contract
Severance pay is equal to 10% the total remuneration you received at the end of your contract.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Unpaid leave for certain family events
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits, if you qualify.
In the event of disciplinary misconduct, i.e. failure to comply with your professional obligations, you may be dismissed without notice.
You are not entitled to severance pay or vacation pay.
Your administration may not initiate disciplinary proceedings beyond a period of three years from the day on which it has had actual knowledge of the reality, nature and extent of the facts.
If you are the subject of criminal proceedings, this period of 3 years is interrupted until the final decision of no further action, dismissal, acquittal, discharge or conviction.
What is the dismissal procedure?
Submission of the individual file
The administration informs you that you can request the full communication of your individual file.
You can also request the release of any document on which the administration bases its decision, even if it is not on your individual file.
You can have the support of any of the advocates you want.
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
This letter indicates the subject of the summons.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person of your choice.
During the interview, the administration will inform you of the reason for your dismissal.
Consultation of the Joint Consultative Commission
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or paternity and childcare leave
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if you have applied to theAse: titleContent, you must justify the existence of this ongoing procedure, within 15 days of the notification of the dismissal, and request adoption leave.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
The decision to dismiss is communicated to you by registered letter with acknowledgement of receipt or by hand against signature.
The letter specifies the reason for the dismissal and the date on which it occurs.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
In what circumstances can a person be dismissed for physical incapacity?
You may be dismissed for physical incapacity:
- If it is medically established by a licensed medical practitioner that you are permanently unfit for employment
- And if you can't be reclassified to another job.
This may occur at the end of a sick leave (for occupational or non-occupational disease)) or at the end of a leave of absence due to serious illness.
This may also occur at the end of maternity or adoption leave or at the end of paternity leave.
What is the dismissal procedure?
Communication of the individual file and the medical file
The administration informs you that you can request the communication of your medical file and your individual file.
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
The notice of interview shall specify the reason for the dismissal and the date on which it is to take place, taking into account the annual leave entitlements remaining due and the duration of the notice.
During the pre-interview, the administration will inform you of the reason for the dismissal.
It also informs you of the period during which you must submit a written request for reclassification and the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or paternity and childcare leave
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if you have applied to theAse: titleContent, you must justify the existence of this ongoing procedure, within 15 days of the notification of the dismissal, and request adoption leave.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
This letter also invites you to submit a written request for reclassification and indicates the conditions under which reclassification offers can be sent to you.
If the dismissal takes place after maternity or adoption leave or paternity leave, it may not take place until 4 weeks after the end of that leave.
What is the reclassification procedure?
You must submit your request for reclassification within a period that varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 4 days |
Between 6 months and 2 years | 15 months |
At least 2 years | 1 month |
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a job of the same hierarchical category as your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The job offered must be adapted to your health and compatible with your professional skills.
If no reclassification can be offered before the end of the notice period, you will be placed on leave without pay for up to 3 months at the end of the notice period.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, waive your request for reclassification. You are then fired.
If your reclassification to a job suitable for your physical abilities is impossible and has not been carried out at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
How long is the notice period?
You are entitled to notice of dismissal, the duration of which varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
If you have a disability and benefit from the obligation to employ, the duration of your notice is doubled if you have declared recognition of your disability to your employer's administration.
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Unpaid leave for certain family events
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are:
- You are a seconded civil servant as a contractor
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
What is the amount of the compensation?
The severance pay is equal to 1/2 months of salary for each of your first 12 years of service and 1/3 months of salary for each of the following years.
His amount is limited to 12 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Unpaid leave for certain family events
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
You can be dismissed if the need for employment disappears or if the job that justified your recruitment in CSD: titleContent or DTA: titleContent on a permanent employment.
Your dismissal can only be pronounced if your reclassification to another job is not possible.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and the deadline for submitting your written request for reclassification.
It also tells you the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or paternity and childcare leave
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if you have applied to theAse: titleContent, you must justify the existence of this ongoing procedure, within 15 days of the notification of the dismissal, and request adoption leave.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
This letter also invites you to submit a written request for reclassification and indicates the conditions under which reclassification offers can be sent to you.
What is the reclassification procedure?
You must submit your request for reclassification within a period that varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 4 days |
Between 6 months and 2 years | 15 months |
At least 2 years | 1 month |
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a job of the same hierarchical category as your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification shall be written and precise.
The proposed job must be compatible with your professional skills.
If no reclassification can be offered before the end of the notice period, you will be placed on leave without pay for up to 3 months at the end of the notice period.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
How long is the notice period?
You are entitled to notice of dismissal, the duration of which varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
If you have a disability and benefit from the obligation to employ, the duration of your notice is doubled if you have declared recognition of your disability to your employer's administration.
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Unpaid leave for certain family events
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You are a seconded civil servant as a contractor
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
What is the amount of the compensation?
The severance pay is equal to 1/2 months of salary for each of your first 12 years of service and 1/3 months of salary for each of the following years.
His amount is limited to 12 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Unpaid leave for certain family events
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
In what cases can a person be dismissed for altering his or her job?
You can be fired if the need or the job that justified your recruitment changes.
You may be terminated for this reason if you are recruited on a permanent employment or if you are recruited on a non-permanent job by project contract.
If you have a permanent job, your administration may propose to you, in the event of a change in the need or in the employment which justified your recruitment, the modification of a substantial element of your employment contract.
This may be a change in your working hours or a change in your workplace.
It may also be a change in your duties, provided that this change is compatible with your professional qualification.
The proposed amendment is sent to you by registered letter with acknowledgement of receipt or by hand against signature.
This letter informs you that you have one month from its receipt to indicate your acceptance or refusal.
In the absence of a reply within this period of one month, you shall be deemed to have rejected the proposed amendment.
If you refuse the proposed change, your administration can only dismiss you if you cannot be reclassified to another job.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and, if you have a permanent job, the time limit within which you must submit your written request for reclassification.
The administration also informs you of the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or paternity and childcare leave
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if you have applied to theAse: titleContent, you must justify the existence of this ongoing procedure, within 15 days of the notification of the dismissal, and request adoption leave.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
If you have a permanent job, this letter also invites you to submit a written request for reclassification and indicates the conditions under which reclassification offers may be sent to you.
What is the reclassification procedure?
You must submit your request for reclassification within a period that varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 4 days |
Between 6 months and 2 years | 15 months |
At least 2 years | 1 month |
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a job of the same hierarchical category as your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification shall be written and precise.
The proposed job must be compatible with your professional skills.
If no reclassification can be offered before the end of the notice period, you will be placed on leave without pay for up to 3 months at the end of the notice period.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
How long is the notice period?
That you were occupying a permanent employment or non-permanent employment by project contract, you are entitled to a period of notice which varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
If you have a disability and benefit from the obligation to employ, the duration of your notice is doubled if you have declared recognition of your disability to your employer's administration.
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Unpaid leave for certain family events
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You are a seconded civil servant as a contractor
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
What is the amount of the compensation?
The severance pay is equal to 1/2 months of salary for each of your first 12 years of service and 1/3 months of salary for each of the following years.
His amount is limited to 12 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Unpaid leave for certain family events
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
You may be dismissed if an official is recruited on your permanent employment.
Your dismissal can only be pronounced if your reclassification to another job is not possible.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and the deadline for submitting your written request for reclassification.
It also tells you the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or paternity and childcare leave
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if you have applied to theAse: titleContent, you must justify the existence of this ongoing procedure, within 15 days of the notification of the dismissal, and request adoption leave.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
This letter also invites you to submit a written request for reclassification and indicates the conditions under which reclassification offers can be sent to you.
What is the reclassification procedure?
You must submit your request for reclassification within a period that varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 4 days |
Between 6 months and 2 years | 15 months |
At least 2 years | 1 month |
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a job of the same hierarchical category as your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification shall be written and precise.
The proposed job must be compatible with your professional skills.
If no reclassification can be offered before the end of the notice period, you will be placed on leave without pay for up to 3 months at the end of the notice period.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
How long is the notice period?
You are entitled to notice of dismissal, the duration of which varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
If you have a disability and benefit from the obligation to employ, the duration of your notice is doubled if you have declared recognition of your disability to your employer's administration.
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Unpaid leave for certain family events
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You are a seconded civil servant as a contractor
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
What is the amount of the compensation?
The severance pay is equal to 1/2 months of salary for each of your first 12 years of service and 1/3 months of salary for each of the following years.
His amount is limited to 12 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Unpaid leave for certain family events
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
What is the modification of a substantial element of the contract?
You can be licensed if you reject a change to a substantive element of your contract proposed by the administration.
The change may affect your working time or your workplace.
It can also be a changing your functions, provided that this change is compatible with your professional qualification.
You may be terminated for this reason if you are recruited on a permanent employment or if you are recruited on a non-permanent job by project contract.
The proposed amendment is sent to you by registered letter with acknowledgement of receipt or by hand against signature.
This letter informs you that you have one month from its receipt to indicate your acceptance or refusal.
In the absence of a reply within this period of one month, you shall be deemed to have rejected the proposed amendment.
If you reject the proposed change, your administration cannot terminate your employment. if you have a permanent job, only if your reclassification to another job is not possible.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and, if you have a permanent job, the time limit within which you must submit your written request for reclassification.
The administration also informs you of the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or paternity and childcare leave
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if you have applied to theAse: titleContent, you must justify the existence of this ongoing procedure, within 15 days of the notification of the dismissal, and request adoption leave.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
If you have a permanent job, this letter also invites you to submit a written request for reclassification and indicates the conditions under which reclassification offers may be sent to you.
What is the reclassification procedure?
You must submit your request for reclassification within a period that varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 4 days |
Between 6 months and 2 years | 15 months |
At least 2 years | 1 month |
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a job of the same hierarchical category as your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification shall be written and precise.
The proposed job must be compatible with your professional skills.
If no reclassification can be offered before the end of the notice period, you will be placed on leave without pay for up to 3 months at the end of the notice period.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
How long is the notice period?
That you were occupying a permanent employment or non-permanent employment by project contract, you are entitled to a period of notice which varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
If you have a disability and benefit from the obligation to employ, the duration of your notice is doubled if you have declared recognition of your disability to your employer's administration.
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Unpaid leave for certain family events
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You are a seconded civil servant as a contractor
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
What is the amount of the compensation?
The severance pay is equal to 1/2 months of salary for each of your first 12 years of service and 1/3 months of salary for each of the following years.
His amount is limited to 12 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Unpaid leave for certain family events
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
In which case can dismissal take place?
You may be dismissed if your administration cannot re-employ you on your previous job or on a similar job with equivalent pay at the end of a unpaid leave.
This can happen at the end of one of the following holidays:
- Unpaid leave of absence from work disease
- Leave to raise a child under the age of 12
- Leave for personal reasons
- Leave to create or resume a company
- Vocational training leave
- Reserve leave
- Leave to care for a dependent child, your spouse, your Civil partnerships: titleContent or a ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner who is forced to move for work reasons
- Parental leave
- Caregiver leave
- Parental Leave
- Leave to complete a preparatory cycle for a competition for access to a public post or a probationary period or a period of schooling prior to appointment to a public post
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
The notice of interview shall specify the reason for the dismissal and the date on which it is to take place, taking into account the annual leave entitlements remaining due and the duration of the notice.
Consultation of the Joint Consultative Commission
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or paternity and childcare leave
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if you have applied to theAse: titleContent, you must justify the existence of this ongoing procedure, within 15 days of the notification of the dismissal, and request adoption leave.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
How long is the notice period?
You are entitled to notice of dismissal, the duration of which varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
If you have a disability and benefit from the obligation to employ, the duration of your notice is doubled if you have declared recognition of your disability to your employer's administration.
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Unpaid leave for certain family events
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You are a seconded civil servant as a contractor
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
What is the amount of the compensation?
The severance pay is equal to 1/2 months of salary for each of your first 12 years of service and 1/3 months of salary for each of the following years.
His amount is limited to 12 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Unpaid leave for certain family events
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits, if you qualify.
Hospital (FPH)
What is called professional insufficiency?
Incompetence is characterized by the inability of a staff member to perform normally the duties for which he has been engaged.
Incompetence can be characterized in particular by the lack of rigor in the execution of tasks, the slowness and mediocrity of the work carried out, the inability to work as a team, etc.
What is the dismissal procedure?
Submission of the individual file
The administration informs you that you can request the full communication of your individual file.
You can also request the release of any document on which the administration bases its decision, even if it is not on your individual file.
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
This letter indicates the subject of the summons.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the interview, the administration will inform you of the reason for your dismissal.
Consultation of the Joint Consultative Commission
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or for birth or adoption or paternity and childcare
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can send, within 15 days of the notification, a certificate from theAse: titleContent.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
The decision to dismiss is communicated to you by registered letter with acknowledgement of receipt or by hand against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
Notice
You are entitled to notice of dismissal, the duration of which varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You are a seconded civil servant as a contractor
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
What is the amount of the compensation?
General case
The severance pay is equal to 1/4 months of salary for each of your first 12 years of service and 1/6 months of salary for each of the following years.
His amount is limited to 6 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
You were employed on a project contract
Severance pay is equal to 10% the total remuneration you received at the end of your contract.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
In the event of disciplinary misconduct, i.e. failure to comply with your professional obligations, you may be dismissed without notice.
You are not entitled to severance pay or vacation pay.
Your administration may not initiate disciplinary proceedings beyond a period of three years from the day on which it has had actual knowledge of the reality, nature and extent of the facts.
If you are the subject of criminal proceedings, this period of 3 years is interrupted until the final decision of no further action, dismissal, acquittal, discharge or conviction.
What is the dismissal procedure?
Submission of the individual file
The administration informs you that you can request the full communication of your individual file.
You can also request the release of any document on which the administration bases its decision, even if it is not on your individual file.
You can have the support of any of the advocates you want.
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
This letter indicates the subject of the summons.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the interview, the administration will inform you of the reason for your dismissal.
Consultation of the Joint Consultative Commission
The CCP: titleContent be consulted on the draft decision to dismiss.
Only staff representatives holding a position in the hierarchical category at least equal to that of your job and an equal number of representatives of the administration shall participate in the deliberations.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or for birth or adoption or paternity and childcare
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can send, within 15 days of the notification, a certificate from theAse: titleContent.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
The decision to dismiss is communicated to you by registered letter with acknowledgement of receipt or by hand against signature.
The letter specifies the reason for the dismissal and the date on which it occurs.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to unemployment?
You can take advantage of unemployment benefits, if you qualify.
In what circumstances can a person be dismissed for physical incapacity?
You may be dismissed for physical incapacity:
- If it is medically established by a licensed medical practitioner that you are permanently unfit for employment
- And if you can't be reclassified to another job.
This may occur at the end of a sick leave (for occupational or non-occupational disease)) or at the end of a leave of absence due to serious illness.
This may also occur at the end of maternity or adoption leave or at the end of paternity leave.
What is the dismissal procedure?
Communication of the individual file and the medical file
The administration informs you that you can request the communication of your medical file and your individual file.
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
The notice of interview shall specify the reason for the dismissal and the date on which it is to take place, taking into account the annual leave entitlements remaining due and the duration of the notice.
Consultation of the Joint Consultative Commission
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or for birth or adoption or paternity and childcare
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can send, within 15 days of the notification, a certificate from theAse: titleContent.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
This letter also invites you to submit a written request for reclassification and indicates the conditions under which reclassification offers can be sent to you.
If the dismissal takes place after maternity or adoption leave or paternity leave, it may not take place until 10 weeks after the end of that leave.
What is the reclassification procedure?
You must submit your request for reclassification within a period that varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 4 days |
Between 6 months and 2 years | 15 months |
At least 2 years | 1 month |
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a job of the same hierarchical category as your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The job offered must be adapted to your health and compatible with your professional skills.
If no reclassification can be offered before the end of the notice period, you will be placed on leave without pay for up to 3 months at the end of the notice period.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification to a job suitable for your physical abilities is impossible and has not been carried out at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
How long is the notice period?
The length of notice varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
You may waive the notice at any time.
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You are a seconded civil servant as a contractor
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
What is the amount of the compensation?
General case
The severance pay is equal to 1/4 months of salary for each of your first 12 years of service and 1/6 months of salary for each of the following years.
His amount is limited to 6 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
You were employed on a project contract
Severance pay is equal to 10% the total remuneration you received at the end of your contract.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
You can be dismissed if the need or the job that justified your recruitment in CSD: titleContent or DTA: titleContent on a permanent employment.
Your dismissal can only be pronounced if your reclassification to another job is not possible.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and the deadline for submitting your written request for reclassification.
It also tells you the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or for birth or adoption or paternity and childcare
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can send, within 15 days of the notification, a certificate from theAse: titleContent.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
This letter also invites you to submit a written request for reclassification and indicates the conditions under which reclassification offers can be sent to you.
What is the reclassification procedure?
You must submit your request for reclassification within a period that varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 4 days |
Between 6 months and 2 years | 15 months |
At least 2 years | 1 month |
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a job of the same hierarchical category as your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification shall be written and precise.
The proposed job must be compatible with your professional skills.
If no reclassification can be offered before the end of the notice period, you will be placed on leave without pay for up to 3 months at the end of the notice period.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
How long is the notice period?
The length of notice varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You are a seconded civil servant as a contractor
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
What is the amount of the compensation?
General case
The severance pay is equal to 1/4 months of salary for each of your first 12 years of service and 1/6 months of salary for each of the following years.
His amount is limited to 6 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
You were employed on a project contract
Severance pay is equal to 10% the total remuneration you received at the end of your contract.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
In what cases can a person be dismissed for altering his or her job?
You can be fired if the need or the job that justified your recruitment changes.
You may be terminated for this reason if you are recruited on a permanent employment or if you are recruited on a non-permanent job by project contract.
If you have a permanent job, your administration may propose to you, in the event of a change in the need or in the employment which justified your recruitment, the modification of a substantial element of your employment contract.
This may be a change in your working hours or a change in your workplace.
It may also be a change in your duties, provided that this change is compatible with your professional qualification.
The proposed amendment is sent to you by registered letter with acknowledgement of receipt or by hand against signature.
This letter informs you that you have one month from its receipt to indicate your acceptance or refusal.
In the absence of a reply within this period of one month, you shall be deemed to have rejected the proposed amendment.
If you refuse the proposed change, your administration can only dismiss you if you cannot be reclassified to another job.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and, if you have a permanent job, the time limit within which you must submit your written request for reclassification.
The administration also informs you of the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or for birth or adoption or paternity and childcare
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can send, within 15 days of the notification, a certificate from theAse: titleContent.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
If you have a permanent job, this letter also invites you to submit a written request for reclassification and indicates the conditions under which reclassification offers may be sent to you.
What is the reclassification procedure?
You must submit your request for reclassification within a period that varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 4 days |
Between 6 months and 2 years | 15 months |
At least 2 years | 1 month |
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a job of the same hierarchical category as your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification shall be written and precise.
The proposed job must be compatible with your professional skills.
If no reclassification can be offered before the end of the notice period, you will be placed on leave without pay for up to 3 months at the end of the notice period.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
How long is the notice period?
That you were occupying a permanent employment or non-permanent employment by project contract, you are entitled to a period of notice which varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You are a seconded civil servant as a contractor
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
What is the amount of the compensation?
General case
The severance pay is equal to 1/4 months of salary for each of your first 12 years of service and 1/6 months of salary for each of the following years.
His amount is limited to 6 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
You were employed on a project contract
Severance pay is equal to 10% the total remuneration you received at the end of your contract.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
You may be dismissed if an official is recruited on your permanent employment.
Your dismissal can only be pronounced if your reclassification to another job is not possible.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and the deadline for submitting your written request for reclassification.
It also tells you the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or for birth or adoption or paternity and childcare
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can send, within 15 days of the notification, a certificate from theAse: titleContent.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
This letter also invites you to submit a written request for reclassification and indicates the conditions under which reclassification offers can be sent to you.
What is the reclassification procedure?
You must submit your request for reclassification within a period that varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 4 days |
Between 6 months and 2 years | 15 months |
At least 2 years | 1 month |
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a job of the same hierarchical category as your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification shall be written and precise.
The proposed job must be compatible with your professional skills.
If no reclassification can be offered before the end of the notice period, you will be placed on leave without pay for up to 3 months at the end of the notice period.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
How long is the notice period?
The length of notice varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You are a seconded civil servant as a contractor
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
What is the amount of the compensation?
General case
The severance pay is equal to 1/4 months of salary for each of your first 12 years of service and 1/6 months of salary for each of the following years.
His amount is limited to 6 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
You were employed on a project contract
Severance pay is equal to 10% the total remuneration you received at the end of your contract.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
What is the modification of a substantial element of the contract?
You can be licensed if you reject a change to a substantive element of your contract proposed by the administration.
The change may affect your working time or your workplace.
It can also be a changing your functions, provided that this change is compatible with your professional qualification.
You may be terminated for this reason if you are recruited on a permanent employment or if you are recruited on a non-permanent job by project contract.
The proposed amendment is sent to you by registered letter with acknowledgement of receipt or by hand against signature.
This letter informs you that you have one month from its receipt to indicate your acceptance or refusal.
In the absence of a reply within this period of one month, you shall be deemed to have rejected the proposed amendment.
If you reject the proposed change, your administration cannot terminate your employment. if you have a permanent job, only if your reclassification to another job is not possible.
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter indicates the subject of the summons.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
During the pre-interview, the administration will inform you of the reason for the dismissal and, if you have a permanent job, the time limit within which you must submit your written request for reclassification.
The administration also informs you of the conditions under which reclassification offers are presented to you.
Consultation of the Joint Consultative Commission
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or for birth or adoption or paternity and childcare
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can send, within 15 days of the notification, a certificate from theAse: titleContent.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
If you have a permanent job, this letter also invites you to submit a written request for reclassification and indicates the conditions under which reclassification offers may be sent to you.
What is the reclassification procedure?
You must submit your request for reclassification within a period that varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 4 days |
Between 6 months and 2 years | 15 months |
At least 2 years | 1 month |
If no request for reclassification is made within the prescribed period or if you refuse to take advantage of the reclassification procedure, you are dismissed.
Your reclassification is done on a job of the same hierarchical category as your previous job.
If this is not possible, it can be done, with your agreement, on a job in a lower hierarchical category.
The offer of reclassification shall be written and precise.
The proposed job must be compatible with your professional skills.
If no reclassification can be offered before the end of the notice period, you will be placed on leave without pay for up to 3 months at the end of the notice period.
Your placement on unpaid leave suspends the effective date of your dismissal.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered to be involuntarily deprived of employment and may, at your request, benefit from unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then fired.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you are dismissed.
Your dismissal may also be in case of refusal of the proposed position.
How long is the notice period?
That you were occupying a permanent employment or non-permanent employment by project contract, you are entitled to a period of notice which varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are:
- You are a seconded civil servant as a contractor
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
What is the amount of the compensation?
General case
The severance pay is equal to 1/4 months of salary for each of your first 12 years of service and 1/6 months of salary for each of the following years.
His amount is limited to 6 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
You were employed on a project contract
Severance pay is equal to 10% the total remuneration you received at the end of your contract.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
In which case can dismissal take place?
You may be dismissed if your administration cannot re-employ you on your previous job or on a similar job with equivalent pay at the end of a unpaid leave.
This can happen at the end of one of the following holidays:
- Vocational training leave
- Unpaid leave of absence from work disease
- Parental Leave
- Leave to travel overseas or abroad for the adoption of a child
- Family Solidarity Leave
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, your spouse, your Civil partnerships: titleContentor your spouse or partner ascendant following an accident or serious illness or a disability requiring the presence of a third person
- Leave to follow your spouse or Civil partnership partner or cohabiting partner forced to move for professional reasons
- Parental leave
- Caregiver leave
- Family Leave
- Leave for personal reasons
- Leave to create or resume a company
- Reserve leave
- Mobility leave
What is the dismissal procedure?
Pre-maintenance
Dismissal must be preceded by a prior interview.
The invitation to the interview is made by registered letter with acknowledgement of receipt or hand delivery against signature.
Interview must take place at least 5 working days after presentation of the registered letter or hand-in.
You can be accompanied to the interview by the person(s) of your choice.
The notice of interview shall specify the reason for the dismissal and the date on which it is to take place, taking into account the annual leave entitlements remaining due and the duration of the notice.
Consultation of the Joint Consultative Commission
The CCP: titleContent be consulted on the draft decision to dismiss.
Consultation with the CCP should take place prior to the pre-interview in the following situations:
- You are a staff representative on an advisory body (CCP: titleContent, social administrative committee, ...)
- You were a staff representative on an advisory body, and your mandate ended in the previous 12 months
- Your dismissal is considered within 6 months of an election of staff representatives to an advisory body to which you have been an unelected candidate
- You have been granted leave in the previous 12 months to attend a union convention or a meeting of a governing body of which you are an elected member
- You are relieved of service activity for a union mandate of at least 20% of your working time
Parental protection
No dismissal may be made in the following situations:
- During a medically established period of pregnancy
- During a leave of absence from motherhood or of adoption or during leave for birth or adoption or paternity and childcare leave
- For a period of 10 weeks following maternity or adoption leave or for birth or adoption or paternity and childcare
If the dismissal is notified before your pregnancy is diagnosed, you can justify your condition by sending a medical certificate within 15 days of the notification of the dismissal.
Similarly, if the dismissal is notified to you within 15 days of the arrival at your home of a child placed for adoption, you can send, within 15 days of the notification, a certificate from theAse: titleContent.
In these 2 cases, the dismissal is canceled.
However, this protection does not apply if the administration is unable to continue to employ you for any reason other than pregnancy, childbirth, birth or adoption.
Notification of dismissal
After consulting the CCP, your administration will notify you of its decision to dismiss by registered letter with acknowledgement of receipt or hand-delivered against signature.
The letter shall state the reason for the dismissal and the date on which it occurs, taking into account your remaining annual leave entitlements and the duration of the notice.
How long is the notice period?
The length of notice varies according to your seniority:
Age of the staff member | Duration of notice |
|---|---|
Less than 6 months | 8 days |
Between 6 months and 2 years | 1 month |
At least 2 years | 2 months |
Seniority is calculated until the date of the letter of notification of the dismissal.
It is calculated taking into account all your contracts.
Contracts separated by an interruption of duties are taken into account if the interruption does not exceed 4 months and if it is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
The notice shall begin on the date of submission of the registered letter notifying the dismissal.
Termination Certificate
The administration will give you a certificate that contains only the following information:
- Contract Start and End Dates
- Functions held, hierarchical category to which they belong and the duration of their performance
- If applicable, periods of leave not treated as periods of actual work.
What right to severance pay?
You are entitled to severance pay unless you are in one of the following situations:
- You are a seconded civil servant as a contractor
- You are at least 62 years old and the number of quarters of pension insurance required to qualify for a full-rate pension
- You immediately find a similar job in the public service or in a business of mixed economy in which the government or a local authority has a majority stake
What is the amount of the compensation?
General case
The severance pay is equal to 1/4 months of salary for each of your first 12 years of service and 1/6 months of salary for each of the following years.
His amount is limited to 6 months of salary.
Any fraction of services greater than or equal to 6 months counts for 1 year, any fraction of services less than 6 months is not counted.
If you were in CSD: titleContent, the number of years taken into account cannot be greater than the number of months remaining until the scheduled end date of your contract.
If you are at least 62 years old and do not have the number of quarters of pension insurance required to benefit from a full rate pension, your allowance is reduced by 1.67% per month of service beyond 62 years.
You were employed on a project contract
Severance pay is equal to 10% the total remuneration you received at the end of your contract.
What is the salary taken into account?
The remuneration taken into account for the calculation of the allowance is your last monthly remuneration, net of social security contributions.
The family treatment supplement (FTS), allowances for additional work and other incidental allowances shall not be taken into account.
If you worked part-time, your allowance is calculated on the basis of your full-time remuneration.
If you were on sick leave with half pay or on unpaid leave, your allowance is calculated based on your last full pay.
How is seniority calculated?
The length of service taken into account is calculated from the start date of your contract until the effective date of your dismissal, taking into account the annual leave entitlements remaining due and the period of notice.
If you have had several successive contracts without interruption, the contract start date taken into account is the start date of your 1er contract.
If there is a break between contracts, the contract start date is also the start date of your 1er contract, if the interruption did not exceed 2 months and is not due to your resignation.
The following holidays shall be taken into account in the calculation of seniority:
- Annual leave
- Leave for union training
- Leave for training in hygiene, safety and working conditions (if you are a staff representative on the Social Committee)
- Training leave for managers and youth workers
- Vocational training leave
- Representation leave
- Citizenship Leave
- Period of professionalization
- Leave for validation of experience (VAE)
- Leave for skills assessment
- Paid leave of absence from work disease or serious illness
- Paid leave of absence from work motherhood, of adoption, for birth or adoption, of fatherhood
- Family Solidarity Leave
- Parental leave
- Caregiver leave
- Unpaid leave for family reasons
- Reserve leave
Other leave is not taken into account, but it does not result in the loss of seniority prior to its allocation.
Periods completed on a part-time basis shall be taken into account in proportion to the length of time worked.
How is the allowance paid?
The severance pay is paid to you in one installment.
It shall be subject to social contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
What is the right to compensation for annual leave?
You are entitled to an annual leave allowance if you have not been able to take all your annual leave due to administrative or health reasons.
The compensation is equal to 1/10e of your total gross remuneration received between 1er January and December 31 of the current year.
It shall be proportional to the number of days of annual leave not taken.
The allowance may not be less than the amount of remuneration you would have received during the period of leave due and not taken.
It is subject to the same conditions contributions than your remuneration.
What right to unemployment?
You can take advantage of unemployment benefits if you qualify.
Articles 1-2, 9, 10, 17, 43-2, 44-1, 45-1 to 56
Articles 4, 5, 13, 36-1, 38, 39-1 to 39-3, 40 to 49
Articles 2-1, 7, 17-1, 17-2, 39, 40-1, 41-2, 41-3, 41-6, 42-45, 47
Liability of severance pay to social security contributions
Document template
FAQ
Service-Public.fr
Service-Public.fr