Organization : Service Public France, Legal & Administrative Information Directorate
Facility Name : Service Public Conventional Breakdown Application France
Country : France
Website : https://www.service-public.fr/particuliers/vosdroits/F19030?lang=en
What is Conventional Breakdown?
The conventional break allows the employer and the employee to CDI. CDI Open-ended employment contract to agree by common accord on the terms of the breach of the employment contract between them. The individual or collective conventional breach is possible under conditions and compensation. A legal procedure determines the steps to be followed. A severance agreement must be drafted. It must be validated by the Direct.
How To Apply Conventional Breakdown?
To Apply Conventional Breakdown, Follow the below steps
1. Online:
Application Link : https://www.service-public.fr/particuliers/vosdroits/R31493?lang=en
Click on Go to the Online Procedure
Who is involved in the Conventional Breakdown?
** The conventional break is open to the employee employed only in CDI. CDI Open-ended employment contract..
** The scheme shall not apply to employees in CDD. CDD Fixed-term contract or on temporary contract.
Cases Of Prohibition Of Conventional Break-Up
Individual conventional rupture is prohibited in the following cases:
** It is concluded under fraudulent conditions or in the absence of an agreement between the employee and the employer
** It is proposed in the framework of a collective agreement for the management of jobs and competences (GPEC) or a plan for safeguarding employment (PSE)
** It is proposed as part of a collective agreement that breaks a collective agreement
** The procedure of conventional termination aims to bypass the guarantees provided for the employee in respect of economic dismissal
The conventional break can be canceled by the prud’homme council (CPH) if the employee establishes that it was signed when his consent was not free.
For example:
** The conventional break was signed in the context of harassment
** The employer lobbied the employee to choose a conventional break-up
Conventional Break Specific Allowance
** Whatever his seniority, the employee who signs a validated conventional break-up shall receive a specific conventional break-up allowance at the end of the breach of contract.
** The allowance may not be less than statutory severance pay.
** The calculation of specific allowance varies according to length of service and remuneration.
How To Calculate The Specific Conventional Break Allowance?
Verified 01 January 2022 – Legal and Administrative Information Directorate (Prime Minister)
Employee CDI : CDI Permanent employment contract that signs certified conventional failure shall receive a specific allowance at the end of the breach of his employment contract.
** The amount of compensation may not be less than statutory redundancy.
** The employee’s seniority shall be taken into account in the amount of the allowance calculation.
** However, the calculation of the specific allowance varies according to the employee’s remuneration.
Conventional Break Allowance Calculator : https://www.service-public.fr/particuliers/vosdroits/R32720?lang=en