The termination agreement defines the terms and conditions of the termination, in particular the amount of the specific termination indemnity, which may not be less than that of the indemnity provided for in article L. 1234-9. It sets the date of termination of the employment contract, which may not take place before the day following the date of approval. From the date on which it is signed by the two…
At the end of the cooling-off period, the earliest party shall send a request for approval to the administrative authority, together with a copy of the termination agreement. An order of the Minister for Employment sets the model for this application. The administrative authority has a period of fifteen working days from receipt of the request to ensure that the conditions set out in this section are met and that…
Employees benefiting from the protection mentioned in articles L. 2411-1 and L. 2411-2 may benefit from the provisions of this section. Notwithstanding the provisions of article L. 1237-14, the contractual termination is subject to authorisation by the Labour Inspector under the conditions set out in Chapter I of Title I of Book IV, Section 1 of Chapter I and Chapter II of Title II of Book IV of Part Two….
This section does not apply to terminations of employment contracts resulting from : 1° Agreements resulting from the negotiations mentioned in articles L. 2242-20 and L. 2242-21 ; 2° Employment protection plans under the conditions defined by Article L. 1233-61 ; 3° Collective agreements mentioned in article L. 1237-17.
A collective agreement on forward-looking management of jobs and skills or a collective severance agreement may define the terms and conditions for the mutually agreed termination of the employment contract between the employer and the employee. These terminations, which exclude dismissal or resignation, may not be imposed by either party. They are subject to the provisions of this section.
Mobility leave may be offered by the employer either as part of an agreement on the collective termination of employment concluded under the conditions set out in articles L. 1237-19 to L. 1237-19-8, or in companies that have concluded a collective agreement on job and skills management. The purpose of mobility leave is to encourage a return to stable employment through support measures, training and periods of work.
The working periods of the mobility leave may be completed within or outside the company that proposed the leave. They may take the form of either an open-ended employment contract or a fixed-term employment contract concluded in application of 1° ofarticle L. 1242-3 within a limit set by the collective agreement. In the latter case, the mobility leave is suspended and resumed at the end of the contract for the…
The collective agreement determines : 1° The duration of the mobility leave ; 2° The conditions that the employee must meet in order to benefit from it; 3° The terms and conditions for the employee’s acceptance of the employer’s proposal, including the conditions for expressing his written consent, and the commitments of the parties; 4° The organisation of the work periods, the conditions under which the leave is terminated and…
The amount of remuneration paid during the mobility leave period is at least equal to the amount of the allowance provided for in 3° ofarticle L. 5123-2. For the first twelve months of the leave, which may be extended to twenty-four months in the case of retraining, this remuneration is subject to the same social security regime as the allowance paid to the beneficiary of the redeployment leave provided for…
If the employee accepts the offer of mobility leave, the employment contract will be terminated by mutual agreement of the parties at the end of the leave. Employees benefiting from the protection mentioned in Chapter I of Title I of Book IV of Part Two may benefit from mobility leave. Notwithstanding the first paragraph of this article, amicable termination under the mobility leave scheme is subject to authorisation by the…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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