Many staff wish to leave National Education with an allowance. Introduced by the law on the transformation of the civil service, contractual terminations make it possible to leave employment in the civil service by mutual agreement with the administration. From an initial assessment presented to the Ministerial Technical Committee (CTM) on March 17, it emerges that nearly 300 ruptures were signed in 2020, a little more than the voluntary departures of the previous year. It is secondary teachers who have benefited more.
A new procedure
The conventional termination procedure was created by the law on the transformation of the civil service of August 2019. The conventional termination is open to the civil servant and to the contractual indefinite. When one of the two parties wishes to conclude a contractual termination, it informs the other party by registered letter with acknowledgment of receipt or delivered by hand. An interview must then be organized by the administration. When the two parties reach an agreement on the terms of the contractual termination, they sign a termination agreement which fixes in particular the amount of the termination indemnity and the date of final termination of functions. The amount of compensation is calculated on the basis of the gross annual remuneration for the calendar year preceding the effective date of the termination as well as the length of service of the agent.
The rupture cannot be imposed by the administration. But neither is it a right for the agent who wants to leave. A ministerial note of November 2020 specifies that the academic services must evaluate the requests according to the scarcity of the resource, the seniority in the function and the project envisaged by the agent.
Three out of four requests rejected
During the CTM of March 17, a first assessment of conventional ruptures was made by the ministry from data on 30 academies (out of 33). 1219 requests were made in 2020. 85% of them came from teachers (1064). But there are also 66 requests from administrative staff, 52 from AESH, 22 from CPE, 23 from social staff, 9 from Psy EN and 15 from inspection and management staff.
Only 296 requests were accepted and resulted in departures, or 24% of requests. Three quarters of the requests were rejected.
237 teachers benefited from the new mechanism, including 100 school teachers and 79 certified. 26 administrative staff, 13 AESH, 5 CPE 6 management staff, 4 PsyEN benefited from it. Thus only 22% of teachers’ requests were accepted against 44% of those of EN Psychologists and 43% of management staff.
Three academies were particularly open: Aix Marseille, Montpellier and Bordeaux represent more than half of the agreements.
A progress ?
Is the contractual termination easier than the old system of voluntary severance pay? There were 101 IDV in 2018-2019 against 100 conventional ruptures in the first degree in 2020. And 87 IDV for 134 conventional ruptures in the second degree. The system is therefore more favorable in the second degree.
In total, the ruptures cost the ministry nearly 5 million, the average termination indemnity being € 16,783.
“The administration has promised to manage the many disappointments linked to the refusals,” Xavier Marand, co-secretary general of Snes Fsu, told us. For this union, if contractual terminations can be a good answer for contract workers, for civil servants the administration would do better to improve working conditions and pay.
F Jarraud
A decree establishes the conventional rupture
Teachers: Those who leave
Previously IDV
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