Lawyers of the public services usually follow these steps depending on the case they are facing.
Job cuts procedure when the official is a trainee
Trainee official termination :
The termination for lack of professionalism is pronounced by the administrative commission (CAP) in France. In public services however, a jury must intervene and tell whether the official is qualified or not.
The disciplinary board will tell if the case requires a termination or not.
The trainee must have a full access to his individual folder in case of a termination due to :
- Disciplinary mistake
- Lack of professionalism
- Physical inability
The decision of termination is notified by a registered letter with acknowledgment of receipt. It includes the reason or reasons of the termination, its date, while taking into account the right to different leaves. These are considered as daily job cuts.
Job cuts procedure when the official is a holder
In the case of an official that is a holder, the termination may be pronounced :
- After hearing the disciplinary board in the public services of state and territorial.
- After hearing the CAP in the public hospitals.
The termination that comes after 3 refusals, including the cases of professional reorientation is pronounced after hearing the CAP.
In the public services of State and territorial, the termination in case of non-justified refusal of the different jobs that come after the end of a common sick leave, of a long illness, or a long period is pronounced after hearing the CAP.
In the territorial public services, termination after 3 job refusals, when being supported by the CNFPT or a management center is pronounced after hearing the CAP.