Consequently,
Exclusive: sustainability conventional ruptures civil:
Officials will be able to continue to benefit from conventional ruptures. Meanwhile, According to our information, the Ministry of the Public Service intends to perpetuate this system. Therefore, The measure could be made within the framework of the finance bill (PLF) for 2026. However, in the bill of “simplification” of the procedures that Minister Laurent Marcangeli intends to carry in the fall. However, Arbitration on the legislative vector has not yet been stopped.
Supposed to facilitate professional retraining. For example, these conventional ruptures were established, as a reminder, in 2020, in application of the law of transformation of the public service of August 6, 2019. Furthermore, And this, permanent for contract workers and, therefore, on an experimental basis for civil servants until December 31, 2025. In addition, Hence the need for a passage by law to perpetuate this system. Therefore,
This experimentation exclusive: sustainability conventional ruptures civil of the contractual termination for civil servants “Met with limited but real success”. Therefore, explains the ministry in an assessment of this experiment which has just been transmitted to Parliament and thatPublic actors obtained. Similarly, “” “The requested administrations wish to sustain the system ”, he confirms.
Lady beginnings
This report to Parliament is an opportunity for the executive to first draw up a quantitative assessment. Moreover, of these conventional ruptures for civil servants. Furthermore, The census was carried out at the end of 2024. Similarly, We learn that. Consequently, since the implementation of the system in 2020, 7,403 civil servants have benefited from it within the State Public Service (against 1,978 contract workers). Consequently, Most of them have been concluded in national education (nearly 4,000). Additionally, Consequently, Follow Bercy, with around 850 ruptures concluded, and the Ministry of the Interior, with just under 350 ruptures. However, The number exclusive: sustainability conventional ruptures civil of ruptures concluded in the other ministries is included between 35 and 174. Similarly, In the territorial and the hospital, the data is on the other hand incomplete (see box).
Admittedly. Similarly, the start-up of the system was slim in its beginnings, the deployment of conventional ruptures having notably been delayed by the COVVI-19 crisis and its consequences, but also by difficulties in defining ministerial doctrines. Consequently, “” “It then increased in power ” et “The figures are now stable”, explains the ministry. The number of civil servants having benefited thus increased from 416 in 2020. to 1,924 in 2021, to 1,888 in 2022, to 1,763 in 2023 and finally to 1,412 last year.
A total cost of 186.4 million euros since 2020
The report also provides details on the amount of specific compensation exclusive: sustainability conventional ruptures civil for conventional termination (ISRC) paid to agents who have benefited from such breaks (civil servants. contractual). Large disparities should be noted between the ministries. They are linked in particular to the magnitude of the ruptures which could have been granted. At the bottom of the table: justice and national education, with an average amount respectively of 15,303 and 16,062 euros.
This amount. on the other hand, exceeds 30,000 euros in the Ministry of Ecology (30,899 euros), at the Ministry of Solidarity and Health (34,033 euros) and at the Ministry of the Armed Forces (35,967 euros). The Ministry of Culture reaches an average amount of 40,610 euros and the Quai d’Orsay, of 66,511 euros. In Bercy, the average amount of SRIs paid reaches 28,427 euros. In total, all of the state compensation paid since the implementation of conventional ruptures represent a cost of 186.4 million euros.
And “Silute tool” But a exclusive: sustainability conventional ruptures civil need for pedagogy
On the qualitative level. the ministry evokes a “Tool praised by employers”: “Employers highly highlight the flexibility of the contractual termination system among the reasons for final cessation of public officials. It allows agents who have a professional project to be able to leave the public service to implement it. amicably and in good conditions of support, in particular financial.”
According to the administration, the contractual termination system “Can also help regulate certain difficult situations in terms of human resources”. Situations for which neither the agent nor the administration were able to find a way out. This is the case. for example, for agents “Which are no longer involved in their missions”, agents “whose service is the subject of a restructuring and which could not benefit from the systems to this support ”. The contractual rupture would also present a “alternative” to resignation. availability which, unlike conventional exclusive: sustainability conventional ruptures civil rupture, do not open up to unemployment.
A “Need pedagogy” Nevertheless seems always necessary since employers saying that they need to show pedagogy to explain the. framework of the use of this system. A device “Often misunderstood” by agents who are mainly behind requests for conventional rupture. “It could have generated misunderstandings or even litigation in the event of refusal, indicates the ministry. Some agents requesting the implementation of this system believe that it is right. especially at the end of their careers, and struggle to integrate the contractual nature of the agreement which requires that the two parties see an interest in it.”
Of “Potential windfall effects” and a risk of “Unscreening”
Of “Potential windfall effects” have also been identified. Employers have thus reported a large number of requests for contractual termination emanating from agents close to retirement who wish to receive a substantial ISRC. then benefit from unemployment exclusive: sustainability conventional ruptures civil rights until the opening of their retirement rights. “They are therefore vigilant on these requests that they are led to reject in their majority”, says the ministry.
These employers. he continues, “However, underlines the difficulty in distinguishing what is the case of the windfall effect of the phenomenon of wear at work insofar as many requests are made by agents aged over 50 years. ” To remedy this. some of them – such as the Ministry of the Armed Forces – set a minimum duration of two years before the full -rate retirement age to refuse any conventional rupture which would intervene below this limit.
The administration also points to a risk of “Unscreening” of the device. calls to put it “Under surveillance” so that it does not replace other methods of cessation of functions. “The exclusive: sustainability conventional ruptures civil contractual termination is not intended to replace a provisional management of jobs. deficient skills (for example to compensate for phenomena of professional wear), nor to the other methods of leaving the public service (in particular in the event of professional insufficiency or disciplinary fault)”, Is it written in the balance sheet.
Difficulties in anticipating the cost of ruptures
Certainly. according to the ministry, this contractual termination system “Can respond to individual situations of lack of prospects for third career”. But. he warns, “Encouraging employers to use it actively and incentive with a single objective of budgetary gain would go against the spirit of the legislator and would contradict the need to improve the employment rate of seniors”.
Difficulties are also noted to apply the principle of reimbursement of the ISRC in the event of exclusive: sustainability conventional ruptures civil return to the public service within six years of the conclusion of the contractual termination. The rules differ nevertheless according to the slopes. The production of the certificate on honor before all recruitment is based on the good faith of candidates alone. “Is not systematically planned in recruitment processes”. “In the event of reuse of a public agent within a ministry different from that of origin. the verification is based on a request from the reception employer addressed to the last employer, for lack of possible crossing systems”, add the ministry.
Difficulties in “anticipate” et “Budget” The cost of conventional ruptures are also mentioned. And this. even if some employers have been able to establish a doctrine allowing to rationalize the cost of the ISRC while leaving a negotiation margin according to the elements of the file. Employers. however, indicate that they had to refuse conventional ruptures at the end exclusive: sustainability conventional ruptures civil of the year for lack of available credits. Confirmation that certain ministries have been dissuaded from granting conventional ruptures in view of their cost. The budgetary situation and the savings plan announced by François Bayrou are not likely to improve the situation.
Improvement tracks
With all of these observations. the ministry advances several “Avenues for improvement” From the perspective of the sustainability of conventional ruptures. It thus indicates that inter -ministerial work will be undertaken to study the possibility of setting up an inter -ministerial tool for monitoring beneficiaries of a contractual rupture in order to “To facilitate the management of files between employers”. “to guarantee the implementation of the reimbursement of the perceived ISRC” et “To assess the effectiveness of the system”, especially the “Effective realization of professional projects of agents”.
The ministry nevertheless does not plan to set up a common management framework to instruct the requests for exclusive: sustainability conventional ruptures civil contractual termination. determine the amount of the associated allowances. The ministries indeed underline “The need to preserve the contractual nature. the transactional logic of the system and thus be able to study the files on a case -by -case basis and have room for maneuver in the opinions rendered”.
Unlike the State, the data relating to the number of conventional ruptures in the territorial and the hospital is incomplete. According to unique social relationships (RSU) of communities, 1,800 ruptures were recorded in 2021 in the territorial. The provisional data for 2022 evoke 1,931 ruptures. According to a survey by associations of local elected officials. the average amount of the ISRC is 9,048 euros, with large disparities between communities. In the hospital, also incomplete data evoke 3,071 ruptures granted in 2022.
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