The individual negotiated termination (rupture conventionnelle) allows an employer and an employee on an open-ended contract to agree by mutual consent on the terms on which the employment contract will end. It differs from dismissal and resignation: it rests on a mutual agreement and, subject to certain conditions, gives entitlement to unemployment benefits.
Freely given consent
A negotiated termination requires the genuinely free consent of both parties. A termination signed under pressure or in an unresolved conflict can be challenged. That is why the procedure provides for a period of reflection and a precise framework.
The steps of the procedure
- one or more interviews between the employer and the employee;
- the signing of an agreement setting out, in particular, the contract end date and the amount of the specific termination indemnity;
- a withdrawal period of 15 calendar days available to each of the parties;
- the official approval (homologation) of the agreement by the competent administrative authority.
The termination indemnity
The employee receives a specific indemnity which cannot be lower than the statutory dismissal indemnity. Its amount may be negotiated above this minimum, depending on length of service and the circumstances.
Key points to watch
Before signing, it is worth checking the calculation of the indemnity, the contract end date, the treatment of paid leave and any clauses in the contract. Proper support helps ensure that your rights are preserved and that the agreement faithfully reflects the understanding reached.
This article is intended for general information on the state of the law and does not constitute legal advice. For an assessment of your situation, get in touch with the firm.