Conventional break in the public service

Which civil servant can agree to a conventional break?

To be able to agree on a conventional break, you must meet the following 3 conditions:

• Be a civil servant holder. You cannot agree to a conventional break if you are a probationary public servant
• Not having reached the minimum age of retirement and justifying the number of quarters required to obtain a full retirement pension
• Not be a seconded official as a contract staff member.

What is the procedure for agreeing on a conventional break?

The procedure of the conventional termination may be initiated at your initiative or at the initiative of your administration employer.

When one of the two parties wishes to conclude a contractual breach, it informs the other party by registered letter with acknowledgement of receipt, or hand delivery against signature.

When you initiate the conventional termination procedure, you can send your letter to your human resources department or to the appointing authority.

An interview is organized by your employer administration, whether you or she have initiated the procedure of conventional termination and whether either party wishes to conclude a conventional termination.

This interview must take place at least ten clear days and no later than 1 month after receipt by one of the parties of the mail from the other party requesting the conventional break.

This interview shall be conducted by a line manager or by the appointing authority.

Further interviews can be arranged if necessary.

During the interview(s), you may be assisted by an advisor appointed by a trade union organization of your choice. You must inform your employer administration in advance.

The interview(s) shall focus on:

• Reasons for the request and principle of treaty breach
• Fixing of the date of definitive termination of service
• Proposed amount of the specific compensation for breach of contract
• Consequences of permanent termination of service.

How is the signing of the conventional termination agreement going?

When you and your employer community reach an agreement on the terms of the treaty break, you sign a break agreement according to a model convention set by ministerial decree.

This model can be adapted, depending on the specificities of the administrations.

Any agreement must, however obligatory contain the amount of the specific severance pay and the date of definitive termination of service agreed between you and your employer community.

The date of signature of the termination agreement is set by your employer community at least 15 clear days after the last pre-interview.

A copy of the termination agreement is given to you.

One clear day after the date of signature of the agreement, each party has a withdrawal period of 15 clear days.

During this period, the party who wishes to withdraw and cancel the contractual breach must inform the other party by registered mail with acknowledgement of receipt or hand delivered.

The date of definitive termination of service shall be fixed at least 1 day after the end of the withdrawal period.

The termination agreement is stored in your individual file.

What is the amount of the specific compensation for breach of contract?

The amount of the specific compensation for breach of contract cannot be inferior the following minimum amounts:

The amount of the specific compensation for breach of contract cannot be superior to 24^e of your gross annual remuneration by years of service, up to a maximum of 24 years of service.

The gross remuneration taken into account is your annual gross remuneration received during the calendar year prior to the year of the conventional break.

The gross remuneration taken into account is that received from public employers.

It may include remuneration received from several public employers, if you have made a mobility during the calendar year.

If you did not receive any compensation from a public employer in the year preceding the year of the termination, the amount of the compensation is zero. This is the case, for example, if you were on standby the year before the conventional break.

All remuneration elements are taken into account, except for the following:

• Reimbursement of expenses
• Overseas increases and indexing
• Foreign residence allowance
• Premiums and allowances of change of residence, of primary assignment, linked to geographical mobility and restructuring
• Teaching or jury allowances and other allowances not directly related to employment.

When you have an official accommodation, the amount of premiums and allowances taken into account is the amount you would have received if you had not benefited from this accommodation.

The seniority taken into account includes the services performed in the 3 public functions (State, territorial, hospital).

If the amount of your conventional termination indemnity is less than €96,120, your allowance is exempt from CSG: titleContent.

If the amount of your compensation is between €96,120 and €480,600, the part above €96,120 is submitted for 98.25% of his CSG amount.

If the amount of your compensation is higher €480,600, the indemnity shall be fully subject to CSG.

The conventional severance pay is exempt, in whole or in part, from income tax.

Your allowance (or a portion of your allowance) may be exempt from income tax if it does not exceed twice the amount of your gross annual remuneration for the year preceding that of your termination.

However, the tax-exempt amount must not exceed €288,360.

The termination indemnity may also be exempt from tax on 50% of its amount.

However, again, the tax-exempt amount should not exceed €288,360.

Your compensation (or a portion of your compensation) may also be exempt from tax if it does not exceed the minimum amount of compensation provided by law.

It is the most advantageous amount among these 3 amounts that is retained.

What are the effects of conventional rupture?

The conventional break leads to your dismissal from the management and the loss of the status of civil servant.

You are removed from the management team on the date of definitive termination of your duties agreed in the termination agreement.

You are entitled to unemployment benefits, if you fill in the conditions of award.

If you are recruited by a community or territorial institution within 6 years of your termination, you must reimburse the termination indemnity to the community or institution with which you entered into your termination agreement. The refund must be made within 2 years of your recruitment.

If you are applying for public employment in the territorial public service, you must provide a sworn statement that you have not received a conventional severance payment subject to the obligation to repay during the 6 years preceding your recruitment.

Which contractor can agree to a conventional break?

To be able to agree on a conventional break, you must meet the following 3 conditions:

• To be in CDI: titleContent. You can't agree to a conventional break if you're in CDD: titleContent
• Not having reached the minimum age of retirement and justifying the number of quarters required to obtain a full retirement pension
• Not be a seconded official as a contract staff member.

You cannot agree to a conventional break during a trial period or in the event of dismissal or resignation.

What is the procedure for agreeing on a conventional break?

The conventional termination procedure may be initiated at your initiative or at the initiative of your administration employer.

When one of the two parties wishes to conclude a contractual breach, it informs the other party by registered letter with acknowledgement of receipt, or hand delivery against signature.

When you initiate the conventional termination procedure, you can send your letter to your human resources department or to the recruitment authority.

An interview is organized by your employer administration, whether you or she have initiated the procedure of conventional termination and whether either party wishes to conclude a conventional termination.

This interview must take place at least ten clear days and no later than 1 month after receipt by one of the parties of the mail from the other party requesting the conventional break.

This interview is conducted by a line manager.

Further interviews can be arranged if necessary.

During the interview(s), you may be assisted by an advisor appointed by a trade union organization of your choice. You must inform your employer administration in advance.

The interview focuses on the following points:

• Reasons for the request and principle of treaty breach
• Fixing of the date of definitive termination of service
• Proposed amount of the specific compensation for breach of contract
• Consequences of permanent termination of service.

How is the signing of the conventional termination agreement going?

When you and your employer community reach an agreement on the terms of the treaty break, you sign a break agreement according to a model convention set by ministerial decree.

This model can be adapted, depending on the specificities of the administrations.

Any agreement must, however obligatory contain the amount of the specific severance pay and the date of definitive termination of service agreed between you and your employer community.

The date of signature of the termination agreement is set by your employer community at least 15 clear days after the last pre-interview.

A copy of the termination agreement is given to you.

One clear day after the date of signature of the agreement, each party has a withdrawal period of 15 clear days.

During this period, the party who wishes to withdraw and cancel the contractual breach must inform the other party by registered mail with acknowledgement of receipt or hand delivered.

The date of definitive termination of service shall be fixed at least 1 day after the end of the withdrawal period.

The termination agreement is stored in your individual file.

What is the amount of the specific compensation for breach of contract?

The amount of the specific compensation for breach of contract cannot be inferior the following minimum amounts:

The amount of the specific compensation for breach of contract cannot be superior to 24^e of your gross annual remuneration by years of service, up to a maximum of 24 years of service.

The gross remuneration taken into account is your annual gross remuneration received during the calendar year prior to the year of the conventional break.

The gross remuneration taken into account is that received from public employers.

It may include remuneration received from several public employers, if you have made a mobility during the calendar year.

If you did not receive any compensation from a public employer in the year preceding the year of the termination, the amount of the compensation is zero. This is the case, for example, if you were on standby the year before the conventional break.

All remuneration elements are taken into account, except for the following:

• Reimbursement of expenses
• Overseas increases and indexing
• Foreign residence allowance
• Premiums and allowances of change of residence, of primary assignment, linked to geographical mobility and restructuring
• Teaching or jury allowances and other allowances not directly related to employment.

When you have an official accommodation, the amount of premiums and allowances taken into account is the amount you would have received if you had not benefited from this accommodation.

The seniority taken into account includes the services performed in the 3 public functions (State, territorial, hospital).

If the amount of your conventional termination indemnity is less than €96,120, your allowance is exempt from CSG: titleContent.

If the amount of your compensation is between €96,120 and €480,600, the part above €96,120 is submitted for 98.25% of his CSG amount.

If the amount of your compensation is higher €480,600, the indemnity shall be fully subject to CSG.

The conventional severance pay is exempt, in whole or in part, from income tax.

Your allowance (or a portion of your allowance) may be exempt from income tax if it does not exceed twice the amount of your gross annual remuneration for the year preceding that of your termination.

However, the tax-exempt amount must not exceed €288,360.

The termination indemnity may also be exempt from tax on 50% of its amount.

However, again, the tax-exempt amount should not exceed €288,360.

Your compensation (or a portion of your compensation) may also be exempt from tax if it does not exceed the minimum amount of compensation provided by law.

It is the most advantageous amount among these 3 amounts that is retained.

What are the effects of conventional rupture?

The conventional break-up results in your staff being struck off.

You are removed from the workforce on the date of definitive termination of your duties agreed in the termination agreement.

You are entitled to unemployment benefits, if you fill in the conditions of award.

If you are recruited by a community or territorial institution within 6 years of your termination, you must reimburse the termination indemnity to the community or institution with which you entered into your termination agreement. The refund must be made within 2 years of your recruitment.

If you are applying for public employment in the territorial public service, you must provide a sworn statement that you have not received a conventional severance payment subject to the obligation to repay during the 6 years preceding your recruitment.

Which civil servant can agree to a conventional break?

To be able to agree on a conventional break, you must meet the following 3 conditions:

• Be a civil servant holder. You cannot agree to a conventional break if you are a probationary public servant
• Not having reached the minimum age of retirement and justifying the number of quarters required to obtain a full retirement pension
• Not be a seconded official as a contract staff member.

What is the procedure for agreeing on a conventional break?

The procedure of the conventional termination may be initiated at your initiative or at the initiative of your administration employer.

When one of the two parties wishes to conclude a contractual breach, it informs the other party by registered letter with acknowledgement of receipt, or hand delivery against signature.

When you initiate the conventional termination procedure, you can send your letter to your human resources department or to the appointing authority.

An interview is organized by your employer administration, whether you or she have initiated the procedure of conventional termination and regardless of the will of either party to conclude a conventional termination.

This interview must take place at least ten clear days and no later than 1 month after receipt by one of the parties of the mail from the other party requesting the conventional break.

This interview shall be conducted by a line manager or by the appointing authority.

Further interviews can be arranged if necessary.

During the interview(s), you may be assisted by an advisor appointed by a trade union organization of your choice. You must inform your employer administration in advance.

The interview(s) shall focus on:

• Reasons for the request and principle of treaty breach
• Fixing of the date of definitive termination of service
• Proposed amount of the specific compensation for breach of contract
• Consequences of permanent termination of service.

How is the signing of the conventional termination agreement going?

When you and your employer community reach an agreement on the terms of the treaty break, you sign a break agreement according to a model convention set by ministerial decree.

This model can be adapted, depending on the specificities of the administrations.

Any agreement must, however obligatory contain the amount of the specific severance pay and the date of definitive termination of service agreed between you and your employer community.

The date of signature of the termination agreement is set by your employer community at least 15 clear days after the last pre-interview.

A copy of the termination agreement is given to you.

One clear day after the date of signature of the agreement, each party has a withdrawal period of 15 clear days.

During this period, the party who wishes to withdraw and cancel the contractual breach must inform the other party by registered mail with acknowledgement of receipt or hand delivered.

The date of definitive termination of service shall be fixed at least 1 day after the end of the withdrawal period.

The termination agreement is stored in your individual file.

What is the amount of the specific compensation for breach of contract?

The amount of the specific compensation for breach of contract cannot be inferior the following minimum amounts:

The amount of the specific compensation for breach of contract cannot be superior to 24^e of your gross annual remuneration by years of service, up to a maximum of 24 years of service.

The gross remuneration taken into account is your annual gross remuneration received during the calendar year prior to the year of the conventional break.

The gross remuneration taken into account is that received from public employers.

It may include remuneration received from several public employers, if you have made a mobility during the calendar year.

If you did not receive any compensation from a public employer in the year preceding the year of the termination, the amount of the compensation is zero. This is the case, for example, if you were on standby the year before the conventional break.

All remuneration elements are taken into account, except for the following:

• Reimbursement of expenses
• Overseas increases and indexing
• Foreign residence allowance
• Premiums and allowances of change of residence, of primary assignment, linked to geographical mobility and restructuring
• Teaching or jury allowances and other allowances not directly related to employment.

When you have an official accommodation, the amount of premiums and allowances taken into account is the amount you would have received if you had not benefited from this accommodation.

The seniority taken into account includes the services performed in the 3 public functions (State, territorial, hospital).

If the amount of your conventional termination indemnity is less than €96,120, your allowance is exempt from CSG: titleContent.

If the amount of your compensation is between €96,120 and €480,600, the part above €96,120 is submitted for 98.25% of his CSG amount.

If the amount of your compensation is higher €480,600, the indemnity shall be fully subject to CSG.

The conventional severance pay is exempt, in whole or in part, from income tax.

Your allowance (or a portion of your allowance) may be exempt from income tax if it does not exceed twice the amount of your gross annual remuneration for the year preceding that of your termination.

However, the tax-exempt amount must not exceed €288,360.

The termination indemnity may also be exempt from tax on 50% of its amount.

However, again, the tax-exempt amount should not exceed €288,360.

Your compensation (or a portion of your compensation) may also be exempt from tax if it does not exceed the minimum amount of compensation provided by law.

It is the most advantageous amount among these 3 amounts that is retained.

What are the effects of conventional rupture?

The conventional break leads to your dismissal from the management and the loss of the status of civil servant.

You are removed from the management team on the date of definitive termination of your duties agreed in the termination agreement.

You are entitled to unemployment benefits, if you fill in the conditions of award.

If you are recruited by a public hospital within 6 years of your termination, you must reimburse the termination indemnity to the institution with which you have concluded your termination agreement. The refund must be made within 2 years of your recruitment.

If you are applying for a public job in the hospital public service, you must provide a sworn statement that you have not received a conventional severance pay subject to the obligation to repay during the 6 years preceding your recruitment.

Which contractor can agree to a conventional break?

To be able to agree on a conventional break, you must meet the following 3 conditions:

• To be in CDI: titleContent. You can't agree to a conventional break if you're in CDD: titleContent
• Not having reached the minimum age of retirement and justifying the number of quarters required to obtain a full retirement pension
• Not be a seconded official as a contract staff member.

You cannot agree to a conventional break during a trial period or in the event of dismissal or resignation.

What is the procedure for agreeing on a conventional break?

The conventional termination procedure may be initiated at your initiative or at the initiative of your administration employer.

When one of the two parties wishes to conclude a contractual breach, it informs the other party by registered letter with acknowledgement of receipt, or hand delivery against signature.

When you initiate the conventional termination procedure, you can send your letter to your human resources department or to the recruitment authority.

An interview is organized by your employer administration, whether you or she have initiated the procedure of conventional termination and regardless of the will of either party to conclude a conventional termination.

This interview must take place at least ten clear days and no later than 1 month after receipt by one of the parties of the mail from the other party requesting the conventional break.

This interview is conducted by a line manager.

Further interviews can be arranged if necessary.

During the interview(s), you may be assisted by an advisor appointed by a trade union organization of your choice. You must inform your employer administration in advance.

The interview focuses on the following points:

• Reasons for the request and principle of treaty breach
• Fixing of the date of definitive termination of service
• Proposed amount of the specific compensation for breach of contract
• Consequences of permanent termination of service.

How is the signing of the conventional termination agreement going?

When you and your employer community reach an agreement on the terms of the treaty break, you sign a break agreement according to a model convention set by ministerial decree.

This model can be adapted, depending on the specificities of the administrations.

Any agreement must, however obligatory contain the amount of the specific severance pay and the date of definitive termination of service agreed between you and your employer community.

The date of signature of the termination agreement is set by your employer community at least 15 clear days after the last pre-interview.

A copy of the termination agreement is given to you.

One clear day after the date of signature of the agreement, each party has a withdrawal period of 15 clear days.

During this period, the party who wishes to withdraw and cancel the contractual breach must inform the other party by registered mail with acknowledgement of receipt or hand delivered.

The date of definitive termination of service shall be fixed at least 1 day after the end of the withdrawal period.

The termination agreement is stored in your individual file.

What is the amount of the specific compensation for breach of contract?

The amount of the specific compensation for breach of contract cannot be inferior the following minimum amounts:

The amount of the specific compensation for breach of contract cannot be superior to 24^e of your gross annual remuneration by years of service, up to a maximum of 24 years of service.

The gross remuneration taken into account is your annual gross remuneration received during the calendar year prior to the year of the conventional break.

The gross remuneration taken into account is that received from public employers.

It may include remuneration received from several public employers, if you have made a mobility during the calendar year.

If you did not receive any compensation from a public employer in the year preceding the year of the termination, the amount of the compensation is zero. This is the case, for example, if you were on standby the year before the conventional break.

All remuneration elements are taken into account, except for the following:

• Reimbursement of expenses
• Overseas increases and indexing
• Foreign residence allowance
• Premiums and allowances of change of residence, of primary assignment, linked to geographical mobility and restructuring
• Teaching or jury allowances and other allowances not directly related to employment.

When you have an official accommodation, the amount of premiums and allowances taken into account is the amount you would have received if you had not benefited from this accommodation.

The seniority taken into account includes the services performed in the 3 public functions (State, territorial, hospital).

If the amount of your conventional termination indemnity is less than €96,120, your allowance is exempt from CSG: titleContent.

If the amount of your compensation is between €96,120 and €480,600, the part above €96,120 is submitted for 98.25% of his CSG amount.

If the amount of your compensation is higher €480,600, the indemnity shall be fully subject to CSG.

The conventional severance pay is exempt, in whole or in part, from income tax.

Your allowance (or a portion of your allowance) may be exempt from income tax if it does not exceed twice the amount of your gross annual remuneration for the year preceding that of your termination.

However, the tax-exempt amount must not exceed €288,360.

The termination indemnity may also be exempt from tax on 50% of its amount.

However, again, the tax-exempt amount should not exceed €288,360.

Your compensation (or a portion of your compensation) may also be exempt from tax if it does not exceed the minimum amount of compensation provided by law.

It is the most advantageous amount among these 3 amounts that is retained.

What are the effects of conventional rupture?

The conventional break-up results in your staff being struck off.

You are removed from the workforce on the date of definitive termination of your duties agreed in the termination agreement.

You are entitled to unemployment benefits, if you fill in the conditions of award.

If you are recruited by a public hospital within 6 years of your termination, you must reimburse the termination indemnity to the institution with which you have concluded your termination agreement. The refund must be made within 2 years of your recruitment.

If you are applying for a public job in the hospital public service, you must provide a sworn statement that you have not received a conventional severance pay subject to the obligation to repay during the 6 years preceding your recruitment.