Acknowledgement of the termination of an employee's employment contract
Verified 17 March 2025 - Directorate for Legal and Administrative Information (Prime Minister)
The acknowledgement allows the employee to DTADTA : Contract of employment of indefinite duration immediately terminate his employment contract where he considers that serious breaches by his employer make it impossible to continue the employment relationship. How do I acknowledge the breach of the employment contract? We are taking stock of the regulations.
The acknowledgement is possible when the employee observes serious deficiencies of his employer, in particular, in the following cases:
- Psychological harassment or sexual
- Non-payment salary or payment delays for several months
- Amendment of contract without the employee's consent
- No organization of medical examinations compulsory (unless the absence of a medical examination is due to simple negligence on the part of the employer).
It is possible to take note at any time. However, it is not possible during the trial period.
The employee must inform his employer of his decision to terminate the employment contract and indicate to him the alleged facts.
The contract is terminated on the day the employee ceases to work.
No formalism is imposed on the employee.
An email template is available:
Model letter of acknowledgement of termination of employment
Yes, the employee must enter the Labor Council (CPH).
The judge will check the reasons that led the employee to acknowledge the break.
He's going to requalify the act either by dismissal, or in resignation.
The labor council has 1 month to make a decision.
No, the employee is not obliged to make a notice,
The payment of severance pay varies according to the decision of the Labor Council (CPH):
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The CPH requalifies the act of dismissal
When acknowledgement is given, the CPH shall pronounce a dismissal.
In this case, the employer shall pay the employee the following allowances:
- Severance pay (legal or conventional)
- Compensatory allowances of paid leave and notice
- Allowances for wrongful dismissal or dismissal without pay
- Miscellaneous sums due in case of breach of contract (salary savings, bonuses...).
The CPH requalifies the taking of an act as a resignation
Where the facts alleged against the employer are not sufficiently serious, the CPH reclassifies the act of resignation.
If the employer claims payment from the CPH, the employee will have to pay a compensatory period of notice for the notice not given.
The employee shall receive the following allowances:
- Compensation for paid leave
- Miscellaneous sums due in case of breach of contract (salary savings, bonuses...).
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The CPH requalifies the act of dismissal
When acknowledgement is given, the CPH shall pronounce a dismissal.
In this case, the employer shall pay the employee the following allowances:
- Severance pay (legal or conventional)
- Compensatory allowances of paid leave and notice
- Allowances for wrongful dismissal or dismissal without pay
- Miscellaneous sums due in case of breach of contract (salary savings, bonuses...).
The CPH requalifies the taking of an act as a resignation
Where the facts alleged against the employer are not sufficiently serious, the CPH reclassifies the act of resignation.
If the employer claims payment from the CPH, the employee will have to pay a compensatory period of notice for the notice not given.
The employee shall receive the following allowances:
- Compensation for paid leave
- Miscellaneous sums due in case of breach of contract (salary savings, bonuses...).
The employer shall provide the employee with the following documents:
- Work Certificate
- Attestation France Travail (formerly Pôle emploi)
- Receipt for balance of any account.
Please note
When anwage savings is set up in the company, the employer provides the employee, at the end of the employment contract, with a summary statement of the sums saved.
The possibility for the employee to receive unemployment benefits varies according to the decision of the labor council:
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The taking of evidence is reclassified as dismissal
The employee (if he fulfills the conditions) is entitled to unemployment benefits (ARE) upon termination of the employment contract.
He will receive these allowances after the CPH decision.
Recording shall be reclassified as resignation
The employee does not receive compensation.
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The taking of evidence is reclassified as dismissal
The employee (if he fulfills the conditions) is entitled to unemployment benefits (ARE) upon termination of the employment contract.
He will receive these allowances after the CPH decision.
Recording shall be reclassified as resignation
The employee does not receive compensation.
Who can help me?
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Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
He does not respond questions relating to unemployment compensation and representations to France Labor (formerly Pôle emploi), the officials or contractual of the fpublic service, the amount or payment of contributions social, wage or management.
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The informants who answer you belong to the ministry responsible for labor.
Definition, time allowed to the labor board to decide
Document template