How to negotiate a conventional rupture: advice and steps

The conventional rupture is an increasingly popular option to put an end to an indefinite employment contract (CDI). Being a specialist in labor law, I note that many employees and employers wonder about the best way to negotiate this procedure. Here are my tips to calmly approach this crucial step in your professional career.

The bases of the contractual termination: a win-win agreement

The conventional rupture is an amicable solution that allows the employer and the employee to separate by mutual agreement. This procedure has advantages for both parties:

• For the employee: possibility of leaving the company quickly, obtaining compensation and right to unemployment benefits.
• For the employer: anticipation of the departure, reduction of the workforce in an amicable manner and limitation of the risk of litigation.

During my consultations, I always recommend that my customers prepare their request well. It is important to choose the right time and the good interlocutor to approach the subject. Personally, I found that individual interviews are more conducive to this type of discussion than collective meetings or corridor conversations.

The legal framework to know

Before starting the negotiations, it is crucial to understand the legal framework for the contractual rupture. Here are the essential points to remember:

• At least one interview between the employer and the employee is compulsory.
• The employee can be assisted during the interview.
• A 15 -day calendar withdrawal period applies after signing the agreement.
• The agreement must be approved by the Dreets within 15 working days.

Situations conducive to a contractual termination

I have often found that certain situations are particularly suitable for a request for a contractual rupture. Among them, we find:

• A lack of motivation or prospects for evolution.
• A new professional project.
• A malaise at work.

Be careful however, the contractual termination is not possible during the trial period or for a fixed -term contract. On the other hand, it can be envisaged during maternity, parental leave or sick leave, provided that the demand for the employee.

Strategies to effectively negotiate your contractual termination

With my experience in labor law, I can assure you that preparation is the key to successful negotiation. Here are my tips to calmly approach this crucial step:

Prepare your arguments

Before maintenance, take the time to think about the reasons that motivate your request. Be honest and constructive. I have often found that employers are more receptive when the employee presents his request in a professional and thoughtful manner.

Here is an example of argument that I observed during a successful negotiation:

Negotiate the terms

Once the principle of conventional rupture is made, the methods must be negotiated. The key points to be tackled are:

• The amount of the specific contractual termination compensation
• The departure date
• Possible non-competition clauses

Remember that the indemnity cannot be less than the legal dismissal allowance. Personally, I always advise my clients to find out about their business practices in terms of conventional rupture before starting the negotiations.

Stay open to dialogue

Negotiation is a process that can take time. Be patient and open to dialogue. If your employer first refuses, do not discourage yourself. You can repeat your request later or explore other avenues as an internal evolution.

I remember a customer who had suffered a first refusal. We worked together on a new approach, emphasizing the mutual benefits of the rupture. Three months later, his request was accepted.

Key steps after the agreement in principle

Once you have obtained the agreement in principle for a conventional rupture, several important steps remain to be crossed:

The drafting of the agreement

The conventional rupture agreement must be written with care. It must include all the negotiated elements, in particular:

• The amount of the specific compensation
• The date of breach of the contract
• The terms to present the end of the contract

I always insist with my clients on the importance of rereading this document well before signing it. An error at this stage could have important consequences.

The withdrawal period and approval

After the signature, a withdrawal period of 15 calendar days applies. It is an important period of reflection that I recommend using wisely. Once this period has passed, the agreement must be approved by the Dreets. This step is crucial because it definitively validates the rupture.

In the event of refusal of approval, do not panic. It is possible to review the convention and submit it again. I accompanied several customers in this situation, and we have always managed to find a satisfactory solution.

The points of vigilance for a serene conventional rupture

In short, here are some points of vigilance that I systematically recommend to my customers:

• Make sure you understand all the terms of the agreement before signing.
• Keep a written track of all your communications with your employer.
• Scrupulously respect the legal deadlines.
• Do not hesitate to be assisted by a professional in case of doubt.

The negotiation of a contractual termination May seem complex, but with good preparation and good advice, it can be an opportunity to bounce professionally. Remember that you have rights, and do not hesitate to assert them while remaining in a spirit of constructive dialogue.