The breach of contract opens up to civil servants: how much will they be able to touch?


FOCUS – A decree published this week in the Official Journal makes a conventional termination procedure effective for the three sides of the public service (State, territorial and hospital). The calculation of compensation for this amicable divorce is a little different from that of private sector employees.

Before, when you entered the public service, it was for life. But a measure validated Wednesday by a judgment published at Official newspaper loosens up this "rule": it is now possible for civil servants to request a breach of contract, allowing, by agreement with their employer, to leave their employment.

Until then, civil servants did not have this kind of exit door, valid only for private sector employees. The only existing device, created under Nicolas Sarkozy in 2009, was a kind of voluntary departure plan, with incentives to leave, but only in the context of services undergoing restructuring. With the entry into force of this contractual rupture for the public service, this device was repealed.

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Amicable divorce

In the private sector, the contractual break was introduced in 2008, with the idea of ​​facilitating the departure process between an employee and his employer when both agree. For the employee, the contractual rupture avoids a resignation which did not open, until very recently, the rights to unemployment; for the employer, it has the advantage of speed in the event of litigation and that of defusing a conflictual situation at work, while a dismissal can then be contested by the employee.

In the private sector, this device seems to please: according to figures from the Dares (the directorate for research, studies and statistics), in 2018, 437,000 conventional breakages were approved, i.e. more than 36,000 each month. Figures which may be brought down slightly in the future, since since November 1, 2019, employees who resign, provided they have a professional retraining project, can benefit from unemployment insurance.

A calculation of compensation that differs a little from that of the private sector

This contractual termination allows the employee, and now the civil servant, not only to receive unemployment benefits, but also to receive severance pay. The method of calculating the amount of this compensation is fixed by law: there is a minimum legal compensation, provided for by the Labor Code. But the calculation of the amount of this severance pay is a little different between private and public employees.

In the private sector, if the employee has less than 10 years of seniority, this bonus is equivalent to a quarter of the gross monthly reference salary per year of presence in the company. Beyond ten years of seniority, one must count a quarter of the monthly salary per year of seniority for the first 10 years, then a third of the monthly salary per year of seniority from the 11th year.

The public service model is partly copied from the private sector. If the agent has less than ten years of seniority, the bonus is equivalent to a quarter of a month's gross remuneration per year of seniority; between 10 and 15 years of seniority, the bonus is equivalent to two fifths of months of gross compensation per year of seniority; from the age of 15 and up to the age of 20, you have to count half a month's gross compensation per year of seniority; then three-fifths of a month's gross compensation per year of service. Ratios that seem at first glance more interesting than in the private sector, but to be nuanced: wages are also often lower.


Note that if the agent eventually returns to the civil service within 6 years of the contractual breach, he must reimburse this allowance. He is 2 years old at the latest from his return to do so. In addition, for civil servants, there is a maximum amount for the allowance: "It cannot exceed an amount equivalent to one twelfth of the gross annual remuneration received by the agent per year of seniority, within the limit of twenty -four years of seniority ", specifies the implementing decree.

If there is therefore a ceiling for the public, conversely, in the private sector, certain collective agreements fix compensation greater than the statutory redundancy compensation. The amount of the starting "bonus" can therefore be much higher. Especially since it often happens that the contractual severance pay is the subject of negotiations between the employee and his employer.

How much can public employees who would be tempted by the procedure claim? The CFDT gives some examples on its site:

The law provides for the testing of this device for civil servants for six years until December 31, 2025.

In the opinion of public unions, this conventional breakup "interests people a lot." But how many will go to the end? No census is available regarding potential requests. Anyway, for the CFDT, "the conventional ruptures will in any case reveal the discomfort of the agents," said Mylène Jacquot to hooly News, pointing "the working conditions and the freezing of the value of the point d 'index (which is used to calculate the remuneration of public officials, Editor's note), perceived as a lack of recognition ". FO sees its side in this device a "toolbox to put officials outside" and fears that it is "a choice by default" on the part of agents who will take the plunge.

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