How to negotiate a contractual breach of security: advice

The negotiation of a contractual termination is a delicate process that requires a thoughtful and strategic approach. As a specialist in labor law, I am passionate about this subject and I want to share with you my advice to carry out this approach safely. Here are the key elements to know to calmly approach this important step in your career.

The essential steps to negotiate a contractual rupture

The first thing to understand is that the conventional rupture results from a mutual agreement between the employer and the employee. It can in no case be imposed by one or the other of the parties. Here are the crucial steps to follow:

Prepare the ground

Before starting the discussions, it is essential to prepare well. I highly recommend:

• Gather all the relevant documents (employment contract, pay sheets, etc.)
• Know your rights and minimum legal conditions
• Think about your goals and what you are ready to negotiate

Interview with the employer

The procedure includes at least one interview between the employer and the employee. Now is the time to discuss the conditions of the rupture. Do not hesitate to be assisted by a staff representative or an employee advisor. I have often found that this presence can provide precious support and balance exchanges.

The drafting of the agreement

Once the terms have been agreed, a rupture agreement must be written. It must specify the amount of the compensation, the date of breach of the contract and other important elements. Read each clause carefully before signing.

Key points to negotiate for a secure contractual termination

To negotiate a secret break in complete safety, it is essential to focus on certain crucial aspects:

Rupture compensation

The specific termination indemnity may not be less than the legal dismissal allowance. But, nothing prevents you from negotiating a higher amount. Know that since September 1, 2023, a employers’ contribution of 30% applies to this compensation, which can influence negotiation.

The departure date

The date of breach of the contract is an important element to discuss. It may have an impact on your rights to paid leave, participation or profit -sharing. Choose it judiciously according to your personal situation.

Special clauses

Do not forget to negotiate possible specific clauses, such as the lifting of a non-competition clause or support in your job search. These elements can make a real difference for your professional future.

Here is a summary table of the main points to negotiate:

Secure the procedure and protect your interests

Securing the conventional rupture goes through several crucial stages:

The withdrawal period

After signing the agreement, a 15 -day calendar withdrawal period is provided. It is an important period of reflection which allows you to return to your decision if necessary. I always insist with my clients on the importance of this period to ensure that their choice is carefully thought out.

L’homologation administrative

The agreement must be approved by the administration (DREETS) within 15 working days. This step is crucial because it validates the conformity of the procedure and the conditions of the rupture. Without this approval, the contractual termination is not valid.

Possible dispute

Know that you have the possibility of contesting the conventional rupture before the industrial tribunal within 12 months of approval. This option is a safety net if you believe that your rights have not been respected.

Being a professional passionate about labor law, I can only encourage you to approach this negotiation with serenity and determination. Do not hesitate to be advised by an expert to make sure that your interests are fully protected. There conventional rupture Maybe an opportunity to turn a professional page in the best possible conditions, provided you are well prepared and carefully negotiated.