#2008-368Decree Establishing a Voluntary Departure Indemnity
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This law sets up compensation for public servants in France who voluntarily leave their positions. It applies to permanent staff and non-permanent agents leaving for personal projects or to start a business. Conditions include not being close to retirement and potentially having to repay the indemnity if rejoining public employment soon after.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Voluntary departure indemnity introduced for public servants.
- Eligibility excludes those near retirement and imposes conditions on reapplication.
- Payback requirement if returning to public service shortly after departure.
Obligations
What this law requires
Competent ministerial arrêté must specify the services, corps, grades, positions or equivalent affected by restructuring and eligible for voluntary departure indemnity, after consultation with competent joint technical committees
Competent ministerial arrêté must specify the time period during which voluntary departure indemnity can be allocated to affected personnel
Agents departing to create or take over a business must communicate the K bis (business registration certificate) to state services within six months of departure
Agents departing to create or take over a business must submit supporting documents at the end of the first fiscal year to verify the reality of the business activity
Agents within five years or less of pension eligibility age are prohibited from receiving voluntary departure indemnity