Subsection 2: Redundancy pay.

An employee with an open-ended employment contract who is dismissed after 8 months’ uninterrupted service with the same employer is entitled, except in the case of gross misconduct, to redundancy pay. This compensation is calculated on the basis of the gross remuneration received by the employee prior to the termination of the employment contract. The rate and terms are determined by regulation.

The cessation of the business does not release the employer from the obligation to pay, where applicable, the redundancy compensation provided for in article L. 1234-9.

Circumstances leading to the suspension of the employment contract, by virtue of legal provisions, a collective labour agreement, contractual stipulations or customary practice, do not affect the employee’s seniority as assessed for the purpose of determining entitlement to redundancy pay. However, the period of suspension is not taken into account when determining the length of service required to benefit from these provisions.