What is the rupture conventionnelle?
In France, a permanent contract (CDI) can come to an end through resignation, dismissal or a “rupture conventionelle”. This last option is a mutually agreed termination of the contract between the employer and employee, and gives the employee access to certain benefits. There are steps which must be followed in accordance with the law. An interview has to take place at least once between the employee and employer in order for them to discuss the conditions of the break of contract. A termination agreement must then be written up, indicating the exact date the contract will end, along with the value of the allowance to be given to the employee. This agreement must be signed by both parties and then validated by the relevant state organisation: Dreets (Directions régionales de l’économie, de l’emploi, du travail et des solidarités). There are different ways to calculate the allowance granted to the employee, and whichever is the most advantageous for them is chosen. Since the end date of the contract is specified in the termination agreement, the employee is not required to give notice. Finally, the employer must provide the following documents: a labour attestation certificate, pole emploi certificate, and a balance of any account. If you wish to carry out a rupture conventionelle, at Maupard we can assist you and guide you through the process. To find out more, please consult our website or contact us as either [email protected] or +33 (0)1 53 93 94 20.