In the event of a dispute, during the conciliation provided for in Article L. 1411-1, the employer and employee may agree, or the conciliation and guidance office may propose, to put an end to the dispute by means of an agreement. This agreement provides for the payment by the employer to the employee of a fixed indemnity, the amount of which is determined, without prejudice to statutory, contractual or conventional indemnities, by reference to a scale set by decree according to the employee’s length of service.
The minutes recording the agreement constitute a waiver by the parties of all claims and indemnities relating to the termination of the employment contract provided for in this chapter.
In the absence of an agreement, the judge, whose responsibility it is to assess the regularity of the procedure followed and the real and serious nature of the reasons put forward by the employer, will form his opinion on the basis of the information provided by the parties after ordering, if necessary, any investigative measures that he deems useful.
It justifies the amount of compensation it awards in the judgement.
If there is any doubt, the employee benefits.