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Public service: can a contractor be laid off?
Verified 30 May 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Objective and specific reasons, linked to the continuity of the operation of the service, which may justify the refusal by the administration of a right or benefit to a public official (part-time work, leave, etc.)
French Polynesia, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon, Wallis Islands and Futuna
The person from whom you come: parent, grandparent, great-grandparent,...
Corresponds to all days of the week except the weekly day of rest (usually Sunday) and public holidays usually not worked in the company
What applies to you ?
State Civil Service (EPF)
No, only a regular staff member may be laid off.
However, you may be granted leave for the same reasons as those provided for availability.
In some cases, the leave cannot be denied by the administration (it is said to be granted) by right).
In other cases, leave is granted subject to service requirements.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Adoption of a child
If you have an approval from theAse: titleContent from your department, you are entitled to unpaid leave to travel to a Drom: titleContent, a Com, in New Caledonia or abroad with a view to the adoption of one or more children.
The administration cannot deny you this leave.
You must make the request by registered mail at least 2 weeks before departure.
Your request must indicate the start date and the anticipated duration of the leave.
The period of leave shall be fixed at a maximum of 6 weeks per approval.
You return to your job at the end of the leave, even if you end it earlier than planned.
Raising a child under the age of 12
If you have been employed for more than one year, you can apply for unpaid leave to raise a child under the age of 12.
If you meet the conditions to benefit from it, you can collect the Shared Child Education Benefit (PreParE).
The duration of the leave is fixed at a maximum of 3 years, renewable until the 12thme child's birthday.
The leave shall be granted within a maximum of 2 months following receipt of your request.
You cannot be denied leave by the administration.
You must apply for renewal or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, you can be reinstated as soon as the administration receives your request.
Whether or not your reinstatement occurs early, you are reassigned to your previous position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
If you do not apply for renewal or reinstatement at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Relocation of the Civil partnership or partner
If you have been employed for more than one year, you can request unpaid leave to follow your spouse or partner Civil partnerships: titleContent forced to move for professional reasons.
The duration of the leave shall be a maximum of 3 years, renewable without limitation.
The leave shall be granted within a maximum of 2 months following receipt of your request.
Leave may not be refused by your administration.
You must apply for renewal or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, you can be reinstated as soon as the administration receives your request.
Whether or not your reinstatement occurs early, you are reassigned to your previous position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
If you do not apply for renewal or reinstatement at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Sickness or disability of a relative
If you have been employed for more than one year, you can apply for unpaid leave to care for a dependent child, your spouse or partner of Civil partnerships: titleContent or to a ascendant.
This leave may be granted following an accident or serious illness or if the person being accompanied has a disability requiring the presence of a third person.
If you stop your activity to give care to a child, you can collect the Shared Child Education Benefit (PreParE) if you meet the conditions to take advantage of it,.
If you stop your activity to give care to a loved one who perceives Custom Autonomy Allocation (Apa) or the Disability Compensation Benefit (DCP), it may, under certain conditions, use this benefit to pay you.
The duration of the leave is fixed at a maximum of 3 years, renewable as long as your presence with the sick, disabled or injured relative is justified.
The leave shall be granted within a maximum of 2 months following receipt of your request.
In case of an emergency related to the health of the relative, the leave can start on the date of receipt of your request.
You cannot be denied leave by the administration.
You must request renewal or reinstatement by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, you can be reinstated as soon as the administration receives your request.
Whether or not your reinstatement occurs early, you are reassigned to your previous position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
If you do not apply for renewal or reinstatement at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Family Event
You can request unpaid leave of up to 15 days per year for family events (birth, marriage, death, etc.).
It may be granted in several installments.
It shall be granted subject to service requirements.
Personal Suitability
If you are in DTA: titleContent, you can request unpaid leave for personal reasons.
You must not have been granted leave for company creation or vocational training for at least 6 months in the 6 years preceding your application for leave on personal grounds.
Leave for personal reasons is granted subject to service requirements.
This leave is granted for a maximum of 5 years renewable up to a maximum of 10 years for all your contracts in the public service.
You must request your leave at least 2 months in advance by registered mail with acknowledgement of receipt.
You must apply for renewal or re-employment, by registered letter with acknowledgement of receipt, at least 3 months before the end of your current leave.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, you can be reinstated as soon as the administration receives your request.
Whether or not your reinstatement occurs early, you are reassigned to your previous position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
If you do not apply for renewal or reinstatement at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Reminder
as a public service contractor, you are not eligible for sabbatical. This leave is reserved for private employees.
Create or resume a company
You can request unpaid leave to start or resume a company.
Such leave shall be granted subject to service requirements.
The duration of the leave is fixed at 1 year, renewable 1 time.
The request for leave must be made, by registered post with acknowledgement of receipt, at least 2 months in advance.
It shall indicate the date of commencement of the leave, its duration and the nature of the company's activity.
If your administration has doubts about the compatibility of your business plan with your previous functions, it will refer the matter for an opinion to the Ethics Officer and then possibly to the High Authority for the Transparency of Public Life (HATVP).
You must request renewal of your leave or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, you can be reinstated as soon as the administration receives your request.
Whether or not your reinstatement occurs early, you are reassigned to your previous position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
If you do not apply for renewal or reinstatement at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Territorial (FPT)
No, only a regular staff member may be laid off.
However, you may be granted leave for the same reasons as those provided for availability.
In some cases, the leave cannot be denied by the administration (it is said to be granted) by right).
In other cases, leave is granted subject to service requirements.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Adoption of a child
If you have an approval from theAse: titleContent from your department, you are entitled to unpaid leave to travel to a Drom: titleContent, a Com, in New Caledonia or abroad with a view to the adoption of one or more children.
The administration cannot deny you this leave.
You must make the request by registered mail at least 2 weeks before departure.
Your request must indicate the start date and the anticipated duration of the leave.
The period of leave shall be fixed at a maximum of 6 weeks per approval.
You return to your job at the end of the leave, even if you end it earlier than planned.
Raising a child under 8 years of age
If you have been employed for more than one year, you can apply for unpaid leave to raise a child under the age of 8.
If you meet the conditions to benefit from it, you can collect the Shared Child Education Benefit (PreParE).
The duration of the leave is fixed at a maximum of 3 years, renewable until 8e child's birthday.
The leave shall be granted within a maximum of 2 months following receipt of your request.
You cannot be denied leave by the administration.
You must request renewal or reinstatement by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, you can be reinstated as soon as the administration receives your request.
Whether or not your reinstatement occurs early, you are reassigned to your previous position.
If this is not possible, you are re-employed on a similar job with equivalent pay.
If you do not apply for renewal or reinstatement at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Relocation of the Civil partnership or partner
If you have been employed for more than one year, you can request unpaid leave to follow your spouse or partner Civil partnerships: titleContent forced to move for professional reasons.
The duration of the leave shall be a maximum of 3 years, renewable without limitation.
The leave shall be granted within a maximum of 2 months following receipt of your request.
Leave may not be refused by your administration.
You must apply for renewal or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, you can be reinstated as soon as the administration receives your request.
Whether or not your reinstatement occurs early, you are reassigned to your previous position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
If you do not apply for renewal or reinstatement at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Sickness or disability of a relative
If you have been employed for more than one year, you can apply for unpaid leave to care for a dependent child, your spouse or partner of Civil partnerships: titleContent or to a ascendant.
This leave may be granted following an accident or serious illness or if the person being accompanied has a disability requiring the presence of a third person.
If you stop your activity to give care to a child, you can collect the Shared Child Education Benefit (PreParE) if you meet the conditions to take advantage of it,.
If you stop your activity to give care to a loved one who perceives Custom Autonomy Allocation (Apa) or the Disability Compensation Benefit (DCP), it may, under certain conditions, use this benefit to pay you.
The duration of the leave is fixed at a maximum of 3 years, renewable as long as your presence with the sick, disabled or injured relative is justified.
The leave shall be granted within a maximum of 2 months following receipt of your request.
In case of an emergency related to the health of the relative, the leave can start on the date of receipt of your request.
You cannot be denied leave by the administration.
You must request renewal or reinstatement by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, you can be reinstated as soon as the administration receives your request.
Whether or not your reinstatement occurs early, you are reassigned to your previous position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
If you do not apply for renewal or reinstatement at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Family Event
You can request unpaid leave of up to 15 days per year for family events (birth, marriage, death, etc.).
It may be granted in several installments.
It shall be granted subject to service requirements.
Personal Suitability
If you are in DTA: titleContent, you can request unpaid leave for personal reasons.
You must not have been granted leave for company creation or vocational training for at least 6 months in the 6 years preceding your application for leave on personal grounds.
Leave for personal reasons is granted subject to service requirements.
This leave is granted for a maximum of 3 years renewable up to a maximum of 10 years for all your contracts in the public service.
You must request your leave at least 2 months in advance by registered mail with acknowledgement of receipt.
You must apply for renewal or re-employment, by registered letter with acknowledgement of receipt, at least 3 months before the end of your current leave.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, you can be reinstated as soon as the administration receives your request.
Whether or not your reinstatement occurs early, you are reassigned to your previous position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
If you do not apply for renewal or reinstatement at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Reminder
as a public service contractor, you are not eligible for sabbatical. This leave is reserved for private employees.
Create or resume a company
You can request unpaid leave to start or resume a company.
Such leave shall be granted subject to service requirements.
The duration of the leave is fixed at 1 year, renewable 1 time.
The request for leave must be made, by registered post with acknowledgement of receipt, at least 2 months in advance.
It shall indicate the date of commencement of the leave, its duration and the nature of the company's activity.
If your administration has doubts about the compatibility of your business plan with your previous functions, it will refer the matter for an opinion to the Ethics Officer and then possibly to the High Authority for the Transparency of Public Life (HATVP).
You must request renewal of your leave or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, you can be reinstated as soon as the administration receives your request.
Whether or not your reinstatement occurs early, you are reassigned to your previous position.
If this is not possible, you are given priority to be re-employed on a similar job with equivalent pay.
If you do not apply for renewal or reinstatement at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Hospital (FPH)
No, only a regular staff member may be laid off.
However, you may be granted leave for the same reasons as those provided for availability.
In some cases, the leave cannot be denied by the administration (it is said to be granted) by right).
In other cases, leave is granted subject to service requirements.
Répondez aux questions successives et les réponses s’afficheront automatiquement
Adoption of a child
If you have an approval from theAse: titleContent from your department, you are entitled to unpaid leave to travel to a Drom: titleContent, a Com, in New Caledonia or abroad with a view to the adoption of one or more children.
The administration cannot deny you this leave.
You must make the request by registered mail at least 2 weeks before departure.
Your request must indicate the start date and the anticipated duration of the leave.
The period of leave shall be fixed at a maximum of 6 weeks per approval.
You return to your job at the end of the leave, even if you end it earlier than planned.
Raising a child under the age of 12
If you have been employed for more than one year, you can apply for unpaid leave to raise a child under the age of 12.
If you meet the conditions to receive it, you can receive the Child Education Shared Benefit (PreParE).
The duration of the leave is set at a maximum of 3 years, renewable until the child's 12th birthday.
The leave shall be granted within a maximum of 2 months following receipt of your request.
You cannot be denied leave by the administration.
You must apply for renewal or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, you can be reinstated as soon as the administration receives your request.
Whether or not your reinstatement occurs early, you are reassigned to your previous position.
If this is not possible, you are dismissed and given priority to be re-employed in your establishment on a similar job with equivalent pay.
If you do not apply for renewal or reinstatement at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Relocation of spouse
If you have been employed for more than one year, you can request unpaid leave to follow your spouse, your partner, Civil partnerships: titleContent or your partner is forced to move for work reasons.
The duration of the leave shall be a maximum of 3 years, renewable without limitation.
It is granted within a maximum of 2 months after receipt of your request.
You cannot be denied leave by the administration.
You must apply for renewal or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, you can be reinstated as soon as the administration receives your request.
Whether or not your reinstatement occurs early, you are reassigned to your previous position.
If this is not possible, you are dismissed and given priority to be re-employed on a similar job in your institution with equivalent pay.
If you do not apply for renewal or reinstatement at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Sickness or disability of a relative
If you have been employed for more than one year, you can apply for unpaid leave to care for a dependent child, your spouse or partner of Civil partnerships: titleContent or cohabiting partner or ascendant.
Such leave may take place following an accident or serious illness or a disability requiring the presence of a third person.
If you stop your activity to give care to a child, you can collect the shared child-rearing benefit (PrePAR) if you meet the conditions to take advantage of it,.
If you stop your activity to give care to a loved one who perceives Custom Autonomy Allocation (Apa) or the Disability Compensation Benefit (DCP), it may, under certain conditions, use this benefit to pay you.
The duration of the leave is fixed at a maximum of 3 years, renewable as long as your presence with the sick, disabled or injured relative is justified.
It is granted within a maximum of 2 months after receipt of your request.
In case of an emergency related to the health of the relative, the leave can start on the date of receipt of your request.
You cannot be denied leave by the administration.
You must apply for renewal or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, you can be reinstated as soon as the administration receives your request.
Whether or not your reinstatement occurs early, you are reassigned to your previous position.
If this is not possible, you are dismissed and given priority to be re-employed on a similar job in your institution with equivalent pay.
If you do not apply for renewal or reinstatement at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Family Event
You can request unpaid leave of 15 working days maximum per year for family events (birth, marriage, death, etc.).
It may be granted in several installments.
It shall be granted subject to service requirements.
Personal Suitability
If you are in DTA: titleContent, you can request unpaid leave for personal reasons.
You must not have been granted leave for company creation or vocational training for at least 6 months in the 6 years preceding your application for leave on personal grounds.
Leave for personal reasons is granted subject to service requirements.
This leave is granted for a maximum of 5 years renewable up to a maximum of 10 years for all your contracts in the public service.
You must request this leave at least 2 months in advance by registered mail with acknowledgement of receipt.
You must request renewal or reinstatement by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, you can be reinstated as soon as the administration receives your request.
Whether or not your reinstatement occurs early, you are reassigned to your previous position.
If this is not possible, you are dismissed and given priority to be re-employed on a similar job in your institution with equivalent pay.
If you do not apply for renewal or reinstatement at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Reminder
as a public service contractor, you are not eligible for sabbatical. This leave is reserved for private employees.
Create or resume a company
You can request unpaid leave to start or resume a company.
Such leave shall be granted subject to service requirements.
The duration of the leave is set at 1 year renewable once.
The request for leave must be made, by registered post with acknowledgement of receipt, at least 2 months in advance.
It shall indicate the date of commencement of the leave, its duration and the nature of the company's activity.
If your administration has doubts about the compatibility of your business plan with your previous functions, it will refer the matter for an opinion to the Ethics Officer and then possibly to the High Authority for the Transparency of Public Life (HATVP).
You must request renewal of your leave or re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
However, in the event of serious reasons, in particular in the event of a reduction in your household income, you can be reinstated as soon as the administration receives your request.
Whether or not your reinstatement occurs early, you are reassigned to your previous position.
If this is not possible, you are dismissed and given priority to be re-employed on a similar job in your establishment with equivalent pay.
If you do not apply for renewal or reinstatement at least 3 months before the end of your current leave, you are considered to have given up your employment.
The administration shall inform you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated, without compensation, at the end of your leave.
Articles 19a, 20, 21 to 24, 32, 33
Articles 14-1, 15 to 18-1, 33, 34
Articles 18-1, 19, 20-23, 30, 31