The long-term conventional break in the public service

The Finance Act for 2026 has perpetuated the possibility for incumbent staff members to enter into a contractual breach. It had been introduced into the civil service on an experimental basis on 1^er January 2020 to December 31, 2025, by law n°2019-828 of 6 august 2019 on the transformation of the civil service.

The break in the contract has been extended to permanent contract staff (CDI) since 2021 and is now open to permanent staff and CDI contract staff.

However, it shall not apply to:

• trainee officials;
• civil servants who have reached the minimum retirement age (fixed from 2026 between 63 and 64 years) and who have the required number of quarters to be entitled to a full pension rate (fixed in 2026 between 170 and 172); 
• officials seconded as contract staff.

A contractual break-up allows an agent and his employer administration to agree together on the terms and conditions that terminate the employment relationship. It may be initiated at the initiative of the official or at the initiative of the employer administration.

It entitles the staff member to a specific severance allowance, the amount of which depends on:

• the annual gross remuneration received in the calendar year preceding the year of the breach of contract;
• and seniority.

An employee who has received such an allowance shall reimburse it if he is recruited within six years from the administration with which he entered into the agreement. The latter also entitles to unemployment benefit.

All about the conventional breakdown in the public service.