The conventional termination is the only solution for an employee and his employer to separate amicably. One of the biggest advantages of this mode of operation is that it allows the employee to activate their rights to unemployment benefits. However, conventional termination is not accepted every time. Which employees are affected by the contractual termination? What are the conditions for its implementation? What is the procedure? Business Cool, explains everything!
What does conventional termination consist of?
Conventional termination, a term that sounds serious, but which deserves attention, especially when you enter the professional world. In fact, conventional termination makes it possible to end a permanent contract (CDI) smoothly, by mutual agreement between the employer and the employee, without damage. However, there are a few rules to follow. First of all, you don’t have to accept it. In addition, the conventional termination is only aimed at permanent employees, so if you are on a fixed-term contract, it does not apply. In the event of economic problems in the company, conventional termination may be an option. But again, be careful. Redundancy offers thicker safety nets, with a professional retraining plan and a financial boost to bounce back.
Which employees are affected by the contractual termination?
The conventional termination is a bit like a smooth exit from the world of work, but be careful not all employees can take it. In fact, it is reserved only for permanent contracts, i.e. permanent contracts. So, if you are on a fixed-term contract (fixed-term contract) or on a temporary contract, you will not be entitled to it. The idea behind this approach is to allow an amicable termination of the employment contract. So, if you are in the stability of the CDI, you can consider this option. In fact, the conventional termination is a privilege reserved for permanent contracts, a friendly approach to close a professional chapter.
What are the conditions for establishing a conventional termination?
Now that you have understood who the conventional termination is addressed to and what it consists of, what are the essential details to establish the latter? First of all, the two main players, the employer and the employee, must agree. This is the starting point, the essential criterion: the mutual agreement of the parties. Be careful, no forcing from either side. The employer cannot force the employee to take the plunge, and vice versa.
Now, there are cases where this break may be void. For example, if it is a plan to circumvent the rules such as economic dismissal disguised as a contractual termination, it is obviously prohibited. Furthermore, if it is proposed within the framework of collective agreements such as a job protection plan or a collective contractual termination, that does not work either. Finally, if the contractual termination took place in circumstances linked to moral harassment or strong pressure exerted by the employer, the employee is entirely within his right to claim compensation, as if it were a matter of unjustified dismissal.
What is the procedure?
So, how do you go about achieving a conventional breakup without making waves? To begin, it is necessary to request an interview with your employer. If during this interview both parties agree to carry out a conventional termination, it is then necessary to move on to drafting the latter. To do this, it is important to draw up an agreement where everything is clearly detailed: the date of the termination, whether notice must be given or not, and of course, the amount of the specific compensation. Then both parties just have to sign.
After these signatures, you must send a letter to the departmental directorate of employment, labor, solidarity and population protection. You can do this online with TéléRCor complete the Cerfa form N°14598 and send it to the Regional Directorate of the Economy, Employment, Labor and Solidarity (DREETS).
Can we withdraw?
Don’t panic! You signed the conventional termination, but you tell yourself that it was perhaps not the best idea. You have a window of 15 days to reverse your decision. Whether on the employer’s or employee’s side. Note that if the last day falls on a weekend or public holiday, you can push until the next working day. The Ministry of Labor even released a simulator online to help you calculate this time.
On the side of the Departmental Directorate of Employment, Labor, Solidarity and Population Protection (DDETSPP), they also have 15 days to approve or not the request. Please note that if you are wondering what is happening and when they plan to respond to you and you do not receive a response on time, well, the request is approved by default.
How to write the termination agreement?
Let’s move on to the crucial part of the conventional termination: the drafting of the said agreement. To ensure a smooth transition, certain key points must be carefully detailed:
- Termination Date: The first step is to set the precise date for the end of the employment contract.
- Notice Period: It is necessary to determine whether a notice period is required and, if so, whether it should be carried out. This step depends on the specific agreements agreed between the parties.
- Amount of specific compensation: The financial aspect is crucial. It is important to specify the amount of specific compensation provided, eliminating any ambiguity regarding financial compensation.
The employer is responsible for providing this agreement to the employee. Once in the hands of both parties, a joint signature formalizes the agreement. Although formality is essential, it guarantees a transparent separation. Thus, with pen in hand, the protagonists record their agreement on this delicate stage of the conventional termination process.
Do you know about collective contractual termination?
Introduced by the reform of the Labor Code in 2017, collective contractual termination offers a collective approach to separation. The company, at the instigation of the employer, negotiates a collective agreement requiring the individual approval of each employee. Less restrictive for the company than the employment protection plan (PSE), this modality also requires the approval of the Regional Directorate of Economy, Employment, Labor and Solidarity (Dreets).
Whether individually or collectively, the contractual termination provides compensation to the employees concerned and preserves their rights to unemployment insurance. Please note that fixed-term contracts (CDD) are not included in this system. Thus, the collective contractual termination emerges as a flexible and supervised alternative, offering companies a less complex way to manage structural adjustments.
Conventional termination and unemployment rights
The conventional termination, constituting a termination of contract of indefinite duration, negotiated between the employer and the employee, confers on the latter eligibility for unemployment benefits. However, this accessibility is conditioned by the criteria established by unemployment insurance, notably involving a minimum duration of work over the last two to three years. The fulfillment of these prerequisites thus becomes decisive for obtaining unemployment benefits following the contractual termination. A supervised process aimed at establishing a smooth professional transition for the employee leaving the company.
