Title III: Termination of open-ended employment contracts

The open-ended employment contract may be terminated at the initiative of the employer or the employee, or by mutual agreement, under the conditions set out in the provisions of this Title. These provisions do not apply during the trial period.

The provisions of this Title do not derogate from legal provisions providing special protection for certain employees.

The provisions of this Title are applicable where the employee is linked to several employers by employment contracts.

Neither the employer nor the employee may waive in advance the right to avail themselves of the rules provided for in this Title.

When an employee hired by a parent company has been placed at the disposal of a foreign subsidiary and an employment contract has been concluded with the latter, the parent company ensures his repatriation in the event of dismissal by the subsidiary and provides him with a new job compatible with the importance of his previous duties within the subsidiary. If the parent company nevertheless intends to dismiss this employee,…

A decree in the Conseil d’Etat shall determine the terms and conditions for the application of this chapter.

Notwithstanding articles L. 1111-2 and L. 1111-3, for the application of section 2 of chapter IV of this title, a decree in the Conseil d’Etat sets the conditions under which the number of employees and the rules for crossing workforce thresholds are determined.