Date source: 2026-08-11
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What are the new terms for the negotiated termination in the public service? Published on August 12, 2026 - Service Public / Direction of Legal and Administrative Information (Prime Minister)
A public servant and their employer administration can agree, by mutual consent, to the end of the employment relationship through a negotiated termination procedure. The new terms for implementing this mechanism in the public service have been in effect since August 8.
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The negotiated termination mechanism was tested in the public service from January 1, 2020 to December 31, 2025, and then it was made permanent under the 2026 Finance Law.
Following this permanence, the procedure allowing public servants to use a negotiated termination was updated on August 8, 2026.
The negotiated termination mechanism was already permanent since January 1, 2020 for public servants on an indefinite contract.
The negotiated termination procedure can be initiated by:
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the public servant;
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or their employer administration.
Once the procedure is initiated, one or more meetings must be held to discuss the following points:
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the reasons for the request;
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the date of the definitive cessation of duties;
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the amount envisaged for the specific negotiated termination indemnity.
During the meetings, the public servant can be assisted by a representative designated by a union of their choice. During the mechanism's testing phase, the procedure stipulated that the union had to be “representative”; however, the Constitutional Council indicated, in a decision of October 15, 2020, that reserving the right to designate a representative for only representative unions was contrary to the Constitution.
What is the amount of the negotiated termination indemnity received by public servants?
The negotiated termination entitles the public servant to a specific indemnity. The amount of this indemnity is part of the discussion between the public servant and their employer administration. This amount cannot, however, be less than a certain level.
The minimum amount of the specific negotiated termination indemnity varies depending on the number of years of seniority of the public servant and their gross annual salary; this last figure corresponds to the gross annual salary received by the public servant during the previous calendar year before the year of the negotiated termination.
For the assessment of seniority, the periods of service effectively performed in the three branches of the public service are taken into account (a ceiling is set at 24 years for the consideration of seniority).
The minimum amount of the indemnity has been updated in the context of the permanence of the negotiated termination mechanism in the public service.
Table - The minimum amount of the negotiated termination indemnity of public servants, according to seniority (for both civil servants and contract workers) Years of seniority
Minimum amount of the negotiated termination indemnity, since August 8, 2026
Minimum amount of the negotiated termination indemnity, previously (these are the amounts applied during the testing of the negotiated termination in the public service)
For the years up to 10 years of seniority
1/6 of a month's gross salary, multiplied by the number of years of seniority (the number of years between the 1st and the 10th year of seniority)
1/4 of a month's gross salary, multiplied by the number of years of seniority (the number of years between the 1st and the 10th year of seniority)
For the years between 11 and 15 years of seniority
1/5 of a month's gross salary, multiplied by the number of years of seniority (the number of years between the 11th and the 15th year of seniority)
2/5 of a month's gross salary, multiplied by the number of years of seniority (the number of years between the 11th and the 15th year of seniority)
For the years between 16 and 20 years of seniority
1/4 of a month's gross salary, multiplied by the number of years of seniority (the number of years between the 16th and the 20th year of seniority)
1/2 of a month's gross salary, multiplied by the number of years of seniority (the number of years between the 16th and the 20th year of seniority)
For the years between 21 and 24 years of seniority
1/3 of a month's gross salary, multiplied by the number of years of seniority (the number of years between the 21st and the 24th year of seniority)
3/5 of a month's gross salary, multiplied by the number of years of seniority (the number of years between the 21st and the 24th year of seniority)
For an agent with 23 years of seniority and a gross monthly salary of 3,000 €, the minimum amount of the negotiated termination indemnity is now 14,750 €. The calculation is as follows:
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for the years up to 10 years of seniority: 1/6 x 3,000 x 10 (10 is the number of years between the 1st and the 10th year of seniority, for this agent) = 5,000 €;
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for the years between 11 and 15 years of seniority: 1/5 x 3,000 x 5 (5 is the number of years between the 11th and the 15th year of seniority, for this agent) = 3,000 €;
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for the years between 16 and 20 years of seniority: 1/4 x 3,000 x 5 (5 is the number of years between the 16th and the 20th year of seniority, for this agent) = 3,750 €;
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for the years between 21 and 24 years of seniority: 1/3 x 3,000 x 3 (3 is the number of years between the 21st and the 24th year of seniority, for this agent) = 3,000 €.
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Total: 5,000 + 3,000 + 3,750 + 3,000 = 14,750.
For a public servant in this situation, during the testing phase of the mechanism, the minimum amount of the indemnity was set at 26,400 €.
Furthermore, now the maximum possible amount for the negotiated termination indemnity is 1/24 of the public servant's gross annual salary (against 1/12 of the gross annual salary, previously), multiplied by the number of years of seniority, up to a maximum of 24 years.
For an agent with 23 years of seniority and a gross monthly salary of 3,000 € (and a gross annual salary of 36,000 €), the maximum possible amount for the specific negotiated termination indemnity is now 34,500 €.
The calculation is as follows: 1/24 x 36,000 x 23 = 34,500.
For a public servant in this situation, during the testing phase of the mechanism, the maximum possible amount was 69,000 €.
An agent who receives this indemnity is required to repay it to the employer with whom they agreed to the negotiated termination if they are recruited within the six years that follow within the public service from which they originated (state, territorial, or hospital public service).
You can consult all the terms of the mechanism on the Service Public practical guide « Negotiated termination in the public service ».
Legal texts and references
See also
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Negotiated termination in the public service Service Public
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New developments for sick leave in the public service Service Public
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Public service: new rules facilitate leave Service Public
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Negotiated termination made permanent in the public service Ministry in charge of the public service
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