Compensation for notice (dismissal, resignation...)
Verified 11 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The period of notice shall be the period between notification the termination of the contract of employment and the date of termination of the contract of employment. Where the employee does not give notice, he may, in certain cases, receive compensation for notice. In what cases can the employee receive this allowance? How is it calculated? Can it be combined with other allowances? We're doing an update on the regulations.
Where the employment contract of the employee in DTA: titleContent is broken (e.g. dismissal, resignation, retirement), notice must in principle be given by the employee.
Where the employer waives notice, the employee shall must be paid as if he had worked.
That's what we call compensation for notice.
Please note
The employee who breaks his CSD: titleContent before the scheduled end for hiring on a permanent contract must give notice. The compensation for notice is due when the employer waives the employee's obligation to give such notice.
No, no, no. It is not due only in certain situations.
Waiver of notice at the initiative of the employer
Compensation for notice is due where the employer exempts the employee from giving notice.
Waiver of notice requested by the employee
Compensation for notice is not due when the employee requests to be exempted from giving notice and the employer agrees.
Serious or gross misconduct
Compensation for notice is not due to the employee dismissed for serious misconduct or gross negligence.
There is no notice in this case.
Judicial Termination
Compensation for notice is due in case of judicial termination accepted by the labor council.
Enterprise Security Agreement
Entitlement to compensation in lieu of notice, where the employee agrees to professional security contract (CSP), varies according to the length of service of the employee:
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Seniority of less than 1 year
Compensation for notice is due.
Seniority of 1 year or more
Entitlement to compensation for notice varies with the length of notice:
Notice of up to 3 months
Compensation for notice is not due since the employment contract is terminated as soon as the reflection period for accepting the FMC has expired.
Please note
The employer paid to France Travail (formerly Pôle emploi) the equivalent of the compensation that the employee should have received in the event of dismissal without CSP.
Notice of more than 3 months
Compensation for notice is due as regards the months of notice beyond 3 months.
Dismissal for incapacity of non-professional origin
Compensation for notice is not due to the employee dismissed for incapacity of non-occupational origin, i.e. after a non-occupational illness or accident.
Dismissal for unfitness for work
Compensation for notice is not due to the employee dismissed for incapacity of occupational originaccident at work , i.e. after an occupational disease.
However, he is receiving compensation by an amount equal to the compensatory period of notice.
Conventional breakage
Compensation for notice is not due. There is no notice in this case.
There are, however, procedural time-limits.
Acknowledgement of termination of employment contract
Compensation is due where the labor council recognizes the acknowledgement of rupture of the employee's employment contract the employer's wrongs.
Breaking of the trial period
Compensation for notice is not due in case of break in the test period.
There is no notice in this case.
The party initiating the breach shall, however, notify the other party within a specified period advance notice period.
Death of the individual employer
Compensation for notice is due when the individual employer who employed an employee at home dies.
Death of the child of the individual employer entrusted to a maternal assistant
Compensation for notice is due in case of death of the child of the individual employer given to a childminder.
Dismissal without real and serious cause
Compensation for notice is due where the labor court considers that the dismissal is without real and serious cause.
It is due even if the employee was off work during the notice period.
Other
If the employer does not exempt the employee from giving notice and, during the notice period, the employee is incarcerated or on sick leave or parental leave, the employee is not entitled to the allowance.
Please note
Of treaty provisions may, however, lay down different provisions.
A simulator is used to search for the collective agreement with the company's name or Siret number:
The amount of the compensation for notice shall be equal to the salary that the employee would have received had he continued to work until the end of the period of notice, including paid leave allowance.
The amount must therefore be calculated on the basis of the duration of work provided for in the contract of employment.
The employer must also take into account the regular or scheduled overtime work which the employee would have worked had he worked.
The compensatory allowance may be paid at the time of pay for each month of notice.
It can also be paid at the end of the employment contract, in one go at the same time as the last pay.
Yes, the notice compensation shall be combined with the following allowances:
The compensation for notice shall also be combined with the daily allowances paid by the social security in the event of a work stoppage during the period of notice from which the employee is exempted.
Yes, the compensation for notice may be combined with the salary of a new post.
Yes, the compensation for notice shall be subject to income tax under the same conditions as salary.
Yes, the compensatory period of notice shall be subject to social contributions under the same conditions as pay.
Yes, the compensation for notice shall be graspable and transferable within the same limits as salary.
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