The termination by mutual consent of employment contracts

Can my employer force me to conclude a contractual termination?

 

No, the contractual termination (“rupture conventionnelle”) is an amicable way of terminating the employment contract, which means that the employer and the employee must agree to end the employment contract.

 

Is the amount of compensation due in the event of a contractual termination freely determined by the employer?

 

The Labour Code provides that the amount of the contractual termination indemnity cannot be less than the legal redundancy indemnity, i.e. 1/4 month’s salary per year of seniority up to 10 years, and 1/3 month’s salary per year of seniority from 10 years on.

 

The applicable collective agreement may also provide for a more favourable contractual indemnity.

 

Do I benefit from a notice period in the event of a contractual termination?

 

No, the conclusion of a contractual termination does not give rise to a notice period, unlike a resignation or dismissal.

 

On the other hand, the employment contract cannot be terminated before the day after the agreement is approved by the DREETS.

 

Subject to compliance with the mandatory deadlines set out in the Labour Code (withdrawal period and approval period), you may negotiate the date of termination of the contract with your employer.

 

The date of termination of the employment contract is fixed in the termination agreement.

 

Does the contractual termination give the right to unemployment benefit?

 

Yes, unlike resignation, the contractual termination entitles you to unemployment benefit, once the administration has approved the contractual termination.

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