Conventional breakage

Verified 14 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)

When the employer and the employee wish to break the DTA: titleContent of a common agreement, they can use the conventional break. Who can make a conventional break? What are the conditions and the procedure to be followed? What benefits are due to the employee? Does the employee receive compensation from France Travail (formerly Pôle emploi) after a contractual breakdown? We are taking stock of the regulations.

Warning  

One childminder cannot enter into a contractual breach with the employer in order to terminate the employment contract.

Conventional rupture is a particular breaking mode of the employment contract of an employee in DTA: titleContent. It's not a dismissal or a resignation.

The employer and the employee agree by mutual agreement the conditions for termination of the contract of employment.

The conventional break cannot be imposed by either party.

It cannot be concluded during the trial period.

The Conventional Breakup Device does not apply to employees in CSD: titleContent, in temporary employment contract (interim), or apprenticeship contract.

Please note

The individual employer and the employee may agree to a conventional break-up.

It doesn't exist no formalism regarding the request for a conventional break.

The demand may be carried out orally (interview, telephone contact) or in writing (mail, mail, etc.).

No. Neither the employer nor the employee are obliged to respond to a request for a breach of contract.

For example, the employer is not obliged to respond to a request from the employee, even if the request is made several times by letter RAR: titleContent.

Situations where conventional breakage is possible

It is possible to conclude a contractual breach if the everyone's consent is free and informed.

For example, a contractual breach may be concluded during the following periods of suspension of the employment contract:

  • Disease
  • Accident at work occupational disease or
  • Maternity leave
  • Parental Leave
  • Sabbatical

It is also possible to conclude a conventional break when the company is in economic trouble. In this case, conventional failure should not be used to bypass the economic redundancy procedure (e.g. no search for reclassification).

Situations where conventional breakdown is not possible

The employer and the employee cannot agree on a conventional break if it is taken in any of the following cases:

  • Conclusion under fraudulent conditions or in the absence of an agreement between the employee and the employer (e.g. if the employee has been pressured or threatened to sign the contractual breach)
  • Proposal in the framework of a collective agreement for the forward management of jobs and skills (GPEC) or a employment protection plan (ESP)
  • Proposal in the context of a collective agreement on the collective breach of agreement
  • Individual contractual breach procedure to circumvent the guarantees provided for the employee in respect of economic redundancy

Yeah. Yeah. The employer and the employee shall meet on the occasion ofat least 1 interview.

The agreement can be signed during this interview. No time limit shall be imposed between the maintenance and the signature of the termination agreement.

The interview or interviews define the conditions of the break (termination date, amount of compensation paid by the employer).

These conditions are indispensable for the drafting of the termination agreement.

No formalism is imposed to summon the employee to such interview (or interviews) for the conclusion of a breach of contract.

It is preferable to make a written statement in order to have proof of the invitation to negotiate the treaty break.

During this interview (or interviews), the employee may be assisted.

If the employee chooses to be assisted, the employer can then be assisted himself.

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Employee Assistance

Regulations vary depending on whether or not staff representatives are present:

The company has no staff representatives

The notice must state that the employee may be assisted during the interview:

  • Either by another employee belonging to the company
  • Either by an external advisor called employee's advisor

The letter specifies the contact details of the local council and the labor inspectorate responsible for the company where the employee can find the list of the employee's advisors.

Warning  

The address of the town hall is that of the employee's domicile if he resides in the same department as that where the company is located, otherwise it is that of the town hall of the workplace.

An employee who chooses to be assisted must inform the employer before the scheduled date of the interview (or interviews).

Please note

The first, last and last names of the assistant must be indicated in the form.

The company has staff representatives

The summons must specify that he may be assisted during the interview by an employee belonging to the company (staff representative) or not).

An employee who chooses to be assisted must inform the employer before the scheduled date of the interview (or interviews).

Please note

The first, last and last names of the assistant must be indicated in the form.

Employer assistance

The regulations vary depending on whether the employee receives assistance or not.

The employee is assisted

Regulations vary depending on the company's workforce:

Less than 50 employees

At each interview, if the employee is assisted, the employer may be accompanied by one of the following persons:

  • Person of his choice belonging to the company staff
  • Member of his employers' trade union
  • Other employer in the same class

If theemployer decides to be assisted during an interview, he must inform the employee before the interview (in writing or orally).

50 or more employees

At each interview, if the employee is assisted, the employer may be accompanied by a person of his choice from the staff of the company.

If theemployer decides to be assisted during an interview, he must inform the employee before the interview (in writing or orally).

The employee does not get assistance

The employer cannot be assisted if the employee is alone during the interview.

Please note

The employee of the individual employer cannot be assisted.

The individual employer also cannot be assisted.

The procedure is different depending on whether the employee is sheltered or not.

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General case

The employer or employee fills out the online service, can download and print it even if it is not fully completed.

The form can be used during the interview(s).

Once fully filled, it should be uploaded, signed and dated in handwriting by the employer and the employee.

Online application for approval of a conventional break (TeleRC)

If the employer or employee is unable to use the online service, he fill in the form cerfa no. 14598 application for conventional failure approval.

The form must specify the conditions of rupture:

  • Date of the end of the withdrawal period (right to change its opinion on its decision)
  • Date of termination of the contract of employment, not earlier than the day following the date ofapproval of the DDETSPP: titleContent
  • Amount of the specific indemnity for breach of contract

FYI  

This form may be supplemented by annexes, for example concerning the non-compete clause.

Protected employee

The contractual breach agreement concerning a protected employee is not subject to approval, but to authorization from the labor inspector.

The TeleRC online service cannot be used.

The ESC: titleContent must be consulted for the following protected employees:

  • Elected members of the ESC: titleContent
  • Union representatives in Canada ESC: titleContent
  • Local Representatives
  • Employees with specific mandates

Once the ESC: titleContent (favorable or unfavorable) obtained, the employer and the employee in DTA: titleContent may sign the application form for a protected employee's contractual termination authorization.

Application for authorization of a contractual breach of a contract of employment of indefinite duration (CDI) of a protected employee

FYI  

The form may be supplemented by annexes, for example concerning the non-compete clause.

Yes. The employer must give 1 copy of the dated and signed breach agreement to the employee.

FYI  

Failure to comply with these obligations may enable the employee to obtain the cancelation of the breach of contract and the payment of compensation wrongful dismissal (no real and serious cause).

The employee must enter the prud'homme council.

Yeah. Yeah. The employer and the employee have a right of withdrawal (right to change their mind on the decision). 15 calendar days.

The retracting party shall inform the other party by letter with RAR: titleContent or by hand delivered letter against dump.

It is not obliged to give a reason for withdrawal.

The withdrawal period shall start on day after the date of signature of the Convention.

Where the last day of the period falls on a Saturday, Sunday, public holiday or unemployed person, it shall be extended to 1erworking day.

One simulator determines the end date of the withdrawal period:

Calculate the possible withdrawal period for a conventional break

Please note

The termination date of the withdrawal period shall be recorded on the termination agreement.

No, no, no. None “ notice is provided for in the context of the conventional break.

The employer and the employee must agree on a date of termination of the contract in compliance with the withdrawal period and the investigation period of the application for authorizationapproval of conventional rupture.

The simulator which makes it possible to determine the withdrawal date also makes it possible to calculate the minimum contract end date.

Calculate the possible withdrawal period for a conventional break

Please note

The contract end date is included in the contractual breach agreement.

In the absence of a withdrawal within the period laid down, the termination agreement must be sent to the DDETSPP: titleContent to get your approval.

The procedure for approving the agreement varies depending on whether the employee is sheltered or not.

General case

Employer or employee address the request forapproval of the failure convention using the TVronline service.

Such a request may be made from the day following the end of the withdrawal period.

Online application for approval of a conventional break (TeleRC)

When the employer or employee was unable to use the online service, it shall inform the DDETSPP: titleContent.

The request forapproval conventional breaking can then be carried out exceptionally by filing the form cerfa no. 14598 who has been briefed.

This form is preferably sent by letter with RAR: titleContent or by hand delivered letter against dump to the DDETSPP: titleContent

The DDETSPP: titleContent has a time limit of 15 working days, from the day following receipt of the request, to verify the validity of the agreement.

If the last day of this period falls on a Saturday, Sunday or public holiday, or unemployed person, it shall be extended to 1er next business day.

If the DDETSPP: titleContent has not replied within 15 days, the convention is certified.

The DDETSPP: titleContent shall state the reasons for the refusal of approval (e.g. failure to comply with a stage of the procedure or failure to comply with the minimum amount of the contractual termination indemnity).

Protected employee

The application for authorization of a contractual breakdown shall be made to the labor inspector as of next day the end of the withdrawal period.

The minutes of the meeting ESC: titleContent is sent to the labor inspector with this request.

Who shall I contact

  • Departmental Directorate for Employment, Labor and Solidarity (DDETS or DDETS-PP)

    https://dreets.gouv.fr/

    Search for DDETS on the interactive map by clicking on the department desired.

The labor inspector must ensure the parties' freedom of consent and the absence of any link between the contractual breakdown and the protected employee's term of office.

On the insidelack of response of the labor inspector within 2 months, the application for authorization shall be considered as rejected.

The breach of contract of employment can only intervene the day following the day of authorization given by the labor inspector.

FYI  

All appeal must be presented within 2 months after decision of the labor inspector before the minister responsible for labor.

The there is no appeal to prud'homme council.

During the certification period, the employee continues to work normally.

The termination date shall not be postponed if the employment contract is suspended (e.g. paid leave, sick leave or leave for the death of a relative).

Specific conventional severance pay

Whatever his seniority, the employee whose conventional breakdown is certified by the DDETSPP: titleContent touch one specific indemnity for breach of contract.

Compensation may not be less than statutory severance pay or conventional.

The calculation of the specific allowance varies according to the employee's seniority and remuneration.

The amount of compensation can be estimated using the simulator for the calculation of the conventional specific severance pay :

Calculate the amount of the conventional severance pay

Please note

It is possible to negotiate an amount greater than the amount of the legal or contractual compensation.

Other allowances

The employee is entitled to all the remuneration elements due by the employer on the date of termination of the employment contract (salary, bonuses, etc.).

He's touching a compensatory allowance for paid leave, if he has not taken all the leave accrued on the date of termination of the contract.

The employer must provide the employee with the following documents:

The employee who meets the conditions, including a minimum period of work, may benefit from Return to Employment Assistance (RWA).

All appeal concerning the Convention, type-approval or the refusal to certify the contractual breakdown of an employee must be presented to the prud'homme council .

The appeal must take place within 12 months from the date of approval or refusal of approval of the Breaking Agreement.

The appeal may be presented by the employer or employee.

The conventional break can be canceled by the prud'homme council if the employee establishes that it was signed without his free consent.

For example:

  • Conventional break signed in a context of psychological harassment
  • Employer who has exerted pressure to induce the employee to choose a conventional break

When conventional failure is canceled by the prud'homme council, the employee may receive compensation in the event of wrongful dismissal (no real and serious cause).

Warning  

The appeal concerning protected employees is the responsibility of the Minister of Labor.

Who can help me?

Find who can answer your questions in your region

  • For information on, for example, entering or forwarding a request, and on labor law

    Regional Directorate for Economic Affairs, Employment, Labor and Solidarity (Dreets, ex-Direct)

  • For information on labor law (e.g. amount of compensation)

    Telephone administrative information - Allo Public Service

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