Human Resources

What are the new ways of breaking with the conventional in the public service?

Publié le 12 août 2026 - Public Service / (Prime Minister)

A public official and his employer's administration may agree, by mutual agreement, on the termination of the employment relationship through a conventional termination procedure. The new arrangements for the implementation of this system in the civil service entered into force on 8 August.

Illustration
Image 1Crédits: ASDF - stock.adobe.com

The conventional breaking device was tested in the public service between 1er January 2020 and December 31, 2025, then it was perpetuated under the 2026 Finance Act.

As a continuation of this sustainability, the procedure allowing public officials to resort to a conventional breach was updated on August 8, 2026.

Please note

The conventional rupture device was already sustainable since the 1ster January 2020 for contract staff on permanent contracts.

The procedure for a breach of contract may be initiated on the initiative of:

  • the public official;
  • or its employer administration.

Once the procedure has been initiated, one or more interviews must be organized to discuss the following points in particular:

  • the reasons for the request;
  • the date of the definitive termination of service;
  • the envisaged amount of the specific compensation for breach of contract.

During the interview(s), the public official may be assisted by an adviser appointed by an employee organization of his choice. When the system was being tested, the procedure stipulated that the trade union organization had to be « representative »; but the Constitutional Council had indicated, in a decision of 15 October 2020, that reserving to representative trade union organizations the right to appoint a councilor to assist a public official was contrary to the Constitution.

What is the amount of the severance pay received by public officials?

A contractual breach is eligible for a specific indemnity. The amount of this allowance is one of the subjects of discussion between the agent and his employer administration. In any event, this amount may not be less than a certain level.

The minimum amount of the specific severance pay varies according to the number of years of service of the staff member and his gross reference remuneration ; the latter corresponds to the annual gross remuneration received by the staff member during the calendar year preceding the year of the breach of contract.

For the purpose of assessing seniority, actual service in the three branches of the civil service is counted (a maximum of 24 years is set for taking seniority into account).

The minimum amount of the allowance has been updated in the context of the perpetuation of the system of conventional disruption in the civil service.

Tableau - The minimum amount of the severance pay for civil servants, depending on seniority (for civil servants, as for contract staff)

Years of seniority

Minimum amount of severance pay, since August 8, 2026

Minimum amount of compensation for breach of contract, previously (these are the amounts applied when experimenting with conventional break-up in the public service)

For years up to 10 years of seniority

1/6e of one month's gross remuneration, multiplied by number of years of service (the number of years between 1re and the 10e year of service)

1/4 of a month's gross remuneration, multiplied by the number of years of service (the number of years between 1re and the 10e year of service)

For years between 11 and 15 years of service

1/5e one month's gross pay, multiplied by the number of years of service (the number of years between the 11the and 15e year of service)

2/5es of one month's gross remuneration multiplied by the number of years of service (the number of years between the 11the and 15e year of service)

For years between 16 and 20 years

1/4 of a month's gross remuneration, multiplied by the number of years of service (the number of years between the 16the and the 20e year of service)

1/2 of a month's gross remuneration, multiplied by the number of years of service (the number of years between the 16e and the 20e year of service)

For years between 21 and 24 years

1/3 of a month's gross remuneration, multiplied by the number of years of service (the number of years between the 21e and 24e year of service)

3/5es of one month's gross remuneration multiplied by the number of years of service (the number of years between the 21ste and 24e year of service)

Example :

For a staff member with 23 years of service and whose gross monthly reference remuneration is €3,000, the minimum amount of the contractual severance pay is now €14,750. The calculation is as follows:

  • for years, up to 10 years of seniority: 1/6e x 3,000 x 10 (10 is the number of years between 1re and the 10e year of service, for that official) = € 5 000;
  • for years between 11 and 15 years of service: 1/5e x 3000 x 5 (5 is the number of years between 11e and 15e year of service, for this agent) = € 3 000;
  • for years between 16 and 20 years of seniority: 1/4 x 3,000 x 5 (5 is the number of years between 16e and the 20e year of service, for this agent) = 3 750 €;
  • for years between 21 and 24 years of seniority: 1/3 x 3,000 x 3 (3 is the number of years between 21e and 24e year of service, for this agent) = 3 000 €.
  • Total: 5 000 + 3 000 + 3 750 + 3 000 = 14 750.

For a public official in this situation, when testing the system, the minimum amount of the allowance was set at €26,400.

Moreover, the maximum possible amount for the contractual termination indemnity is now 1/24e of the agent's annual gross remuneration (vs. 1/12e of the gross annual remuneration, previously), multiplied by the number of years of service, up to a maximum of 24 years.

Example :

For a staff member with 23 years of service and whose gross monthly reference remuneration is €3,000 (and his gross annual remuneration is therefore €36,000), the maximum possible amount for the specific severance pay is now €34,500.

The calculation is as follows: 1/24e x 36 000 x 23 = 34 500.

For a public official in this situation, when testing the device the maximum possible amount was €69,000.

A staff member who receives this allowance is obliged to reimburse the employer with whom he has agreed to the termination of the contract if he is recruited within six years from the civil service from which he comes (public service of the State, territorial or hospital).

You can consult all the terms and conditions of the device on the fact sheet Public Service « Conventional break in the civil service ».

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