Law No. 2008-596 of 25 June 2008 on the modernization of the labor market created a new form of termination of the employment contract under French law: the mutually agreed termination/violation agreement. For a staff representative, mutually agreed dismissal is always subject to the approval of the labour inspector. The employee can enter into a compromise agreement. It should be noted that a mutually agreed termination is different from a compromise agreement (“Transaction” in English). Many people confuse these two agreements. There is no notice period in the mutually agreed termination. This allowance is subject to the CSG/CRDS. Employers often precede by mutual agreement to prevent the employee from withdrawing. But theoretically, it would be null and void, but it is difficult to prove fraud. 9) You have 12 months to continue and the possibility of signing a compromise agreement However, it is legal to terminate the employment contract amicably, even in the event of a dispute between the employee and the employer (c.

cass. 23 May 2013, n°12-13.865; c. cass. 15 January 2014, n° 12-23.942). It is only possible to conclude a compromise agreement with the agreement of the administration or the labour inspector, if it is a “protected” employee. In addition, the compromise agreement does not allow any other claim against the employer concerning the performance of the employment contract and no claim to the conclusion (c. cass. 26 March 2014, n°11-21.136). In other words, it should be a genuine mutual agreement between the parties to terminate the employment contract. 10) Mutually agreed termination: the only way to terminate an employment contract amicably 6) Can you conclude an amicable termination if the contract is suspended? The amount may not be less than the severance pay applicable in the company`s collective agreement or the severance pay provided for by the French Labour Code. This amount is a minimum, which can of course be negotiable.

In fact, the French Supreme Court ruled that the agreement had to be set out in two originals. On the contrary, the mutually agreed termination is declared null and void. (4) To what extent should mutually agreed termination be negotiated? In a recent case, the French Supreme Court ruled that mutually agreed termination is the only way for the parties to terminate the employment contract amicably (c. cass. 15 October 2014, No. 22.251). In addition, the French Supreme Court annulled a mutually agreed dismissal because the employee was in a situation of harassment at the time of the conclusion of the mutual agreement (c. cass. 30 January 2013, n°11-22.332).

In recent case law, judges have ruled that consent is flawed because the employer decided to conduct dismissal proceedings prior to the revocation and ordered the employee to sign a mutual agreement. (c. Cass. 12 February 2014, No. 12-29.208). Most of the time, companies try to reach an amicable settlement instead of terminating. Sometimes this often happens when an employee has been working in the company for many years. 1) If an employer has no motivation to terminate the contract, the company that has entered into a mutual agreement you can go to court to receive the money that is not included in the mutually agreed termination, such as overtime, bonus and payment of arrears. It is important that the employee considers the amicable termination of her employment contract.

On the contrary, the mutually agreed termination must be revoked (approx. Cass. 6 February 2013, No. 11-27 000). It is not forbidden for an employee who is not particularly protected to conclude an amicable dismissal (parental leave, sabbatical leave, leave without pay). One party (usually the employer) cannot impose mutually agreed dismissal on the other party (employee). It allows employers and employees to terminate the employment contract by mutual agreement. The mutually agreed dismissal must be based on the voluntary consent of all parties (Article L.1237-11 of the French Labour Code). However, employers and employees are not the same, as employees are not prepared for negotiation before signing the mutual agreement. That`s why it`s best to seek advice from a French lawyer who will help you and give you advice before finalizing your termination agreement. Recently, the French Supreme Court ruled that employers and employees can conclude an amicable dismissal if the contract is suspended due to an occupational disease or an accident at work, except in cases of fraud or corrupt consent (c. cass.

30 September 2014, No. 13-16.297). 7) Your employer must provide a formal form of mutual agreement An amicable dismissal cannot be concluded as part of the dismissal, as employees have other guarantees. In addition, the employer must pay the remaining premiums and the rest of the paid leave. . The employee must have received a special indemnity called “specific termination indemnity”. . As an employee, you need to know your rights, which we will see below.

Want to add words, phrases or translations? After this period, one of the parties (mainly employers) must send to the local labour authorities (called “DIRECCTE”) for explicit approval. The director of labour of the ministry has a prefix period of 15 days, after which his silence is considered consent. The date of dismissal must not be earlier than the day after acceptance by the labour authorities. Article L.1237-13 of the French Labour Code grants each party 15 calendar days to withdraw their wish to terminate the employment contract. This Agreement may be amended by mutual consent. Judges are not strict about the timing of signature between the date of the session and its conclusion (c. . . .