In the event of resignation, the existence and duration of the notice period are determined by law or by collective labour agreement. In the absence of legal provisions, collective labour agreement or convention relating to notice, its existence and duration are determined by local and professional practice. A decree of the Conseil d’Etat shall determine the terms and conditions of application of this article.
An employee who voluntarily abandons his post and does not return to work after having been given formal notice to justify his absence and to return to his post, by registered letter or by letter delivered personally against receipt, within the period set by the employer, is presumed to have resigned on expiry of this period. An employee who challenges the termination of his employment contract on the basis of…
If an open-ended employment contract is terminated at the employee’s initiative, the employer is entitled to damages if the termination is unfair. In the event of a dispute, the court will rule in accordance with the provisions of article L. 1235-1. A decree of the Conseil d’Etat shall determine the terms of application of this article.
Where an employee who has wrongfully terminated a contract of employment enters into a new contract of employment, the new employer is jointly and severally liable for any damage caused to the previous employer in the following cases: 1° If it is shown that the new employer intervened in the termination ; 2° If the new employer took on an employee whom he knew to be already bound by a…
Provisions relating to the retirement of employees contained in a collective agreement, a collective labour agreement or an employment contract are applicable provided that they do not conflict with legal provisions. Any stipulation in a collective labour agreement or contract of employment that provides for the automatic termination of an employee’s contract of employment on the grounds of age or entitlement to an old-age pension is null and void.
Retirement means the possibility given to the employer to terminate the employment contract of an employee who has reached the age mentioned in 1° of article L. 351-8 of the Social Security Code , subject to the seventh to ninth paragraphs : A lower age may be set, within the limit of that provided for in the first paragraph of article L. 351-1 of the Social Security Code, if the…
As from 22 December 2006, no collective agreement or arrangement providing for the possibility of compulsory retirement of an employee at an age lower than that set out in 1° of article L. 351-8 of the Social Security Code may be signed or extended. Agreements concluded and extended prior to 22 December 2006, determining compensation in terms of employment or vocational training and setting an age lower than that mentioned…
An employer who decides to retire must give notice for a period determined in accordance with article L. 1234-1.
The retirement of an employee entitles him to a retirement indemnity at least equal to the redundancy indemnity provided for in article L. 1234-9. Each employee may receive only one severance or retirement payment. The indemnity is awarded on the first full settlement of the pension.
If the conditions for retirement are not met, the employer’s termination of the employment contract constitutes redundancy.
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is a Registered Trademark of
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182, rue de Rivoli
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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