Subsection 5: Termination by agreement

The establishment and the practitioner recruited under an open-ended contract may jointly agree on the terms of termination of the contract between them. The contractual termination is the result of an agreement signed by both parties. The agreement defines the terms and conditions of the contractual termination, in particular the amount of the specific contractual termination indemnity within limits determined by decree. The contractual termination agreement may not be imposed…

The contractual termination does not apply: 1° In the event of dismissal or resignation ; 2° Practitioners who have reached the age of entitlement to a retirement pension as set out inarticle L. 161-17-2 of the Social Security Code and who have completed a period of insurance under all basic pension schemes equal to the period of insurance required to receive a full retirement pension under the general social security…

I. – The contractual termination procedure may be initiated by the practitioner or the establishment to which he/she belongs. II. – The requesting party shall inform the other party by registered letter with acknowledgement of receipt or by hand delivery against signature. When the request comes from the practitioner, the letter is addressed, at the choice of the interested party, to the medical human resources department or to the director…

During the interview(s) provided for in article R. 6152-430, the practitioner may, after informing the director of the establishment or his representative, be assisted by an adviser of his choice. The practitioner’s advisor is bound by an obligation of confidentiality with regard to information relating to individual situations to which he has access.

The interview(s) provided for in article R. 6152-430 focus mainly on : 1° The reasons for the request and the principle of the contractual termination ; 2° Setting the date on which the contract will end; 3° The envisaged amount of the specific severance pay provided for in article R. 6152-428 ; 4° The consequences of the contractual termination, in particular the entitlement to unemployment insurance, the obligation to reimburse…

In addition to the amount of the specific contractual termination indemnity, the agreement also sets the date on which the practitioner’s contract will end. This will take place at the earliest one day after the end of the withdrawal period provided for in article R. 6152-434. The contractual termination agreement is drawn up in accordance with the model defined by an order of the Minister responsible for the civil service….

Both parties have a right of withdrawal. This right is exercised within a period of fifteen clear days, starting one clear day after the date of signature of the contractual termination agreement, in the form of a registered letter with acknowledgement of receipt or hand-delivered against signature.

If one of the two parties does not withdraw from the contract within the period set out in article R. 6152-434, the contract will end on the date agreed in the termination agreement.

Practitioners who, within six years of the contractual termination, are recruited to take up a post in the establishment from which they received a specific contractual termination indemnity are required to reimburse this establishment, at the latest within two years of their recruitment, for the sums received in respect of this indemnity. Prior to their recruitment, candidates selected to occupy a post as a public employee in an establishment mentioned…