The contractual termination has become a popular option to end an indefinite employment contract. Being a passionate legal specialist, I want to share with you the keys to effectively negotiating this procedure. Here is a practical guide to help you serenely approach this crucial step of your professional career.
The fundamentals of the contractual rupture
The contractual termination is a system that allows the employer and the employee to end the employment contract of a mutual agreement. This procedure, introduced in 2008, offers an alternative to dismissal and resignation. It has advantages for both parties, in particular by avoiding potential conflicts linked to a unilateral rupture.
To initiate a contractual break, it is central to understand its functioning. Here are the key elements to remember:
- It only applies to permanent contracts
- It requires free consent of the two parties
- A specific compensation is provided
- The employee can benefit from unemployment benefits under conditions
I have often found that ignorance of these principles can lead to misunderstandings during negotiations. It is therefore essential to learn well before starting the process.
The procedure
The procedure of conventional rupture follows a specific path. It begins with one or more meetings between the employer and the employee. These interviews are an opportunity to discuss the terms of the termination, in particular the date of end of the contract and the amount of the compensation.
Once an agreement was reached, a rupture agreement is written. It must be signed by both parties, which then have a 15 -day calendar withdrawal period. If no withdrawal intervenes, the Convention is subject to the approval of the Dreets (Regional Directorate of Economy, Employment, Work and Solidarity).
Essential negotiations
During discussions, several elements are to be negotiated. The contractual termination indemnity is often at the heart of the debates. It cannot be less than the legal dismissal allowance and is composed on the one hand non-negotiable legal and on the one hand negotiable part.
Other aspects may be the subject of negotiations, such as:
- The end date of the contract
- Departure conditions (notice, remaining holidays)
- Possible non-competition clauses
It is wise to prepare these points upstream to calmly approach discussions.
Strategies for successful negotiations
With my experience in labor law, I can say that preparation is the key to successful negotiation. Before starting the discussions, it is essential to think about your motivations, to bring together your arguments and to estimate the amount of compensation you wish to obtain.
Here are some tips for carrying out your negotiation:
- Let the employer make a first proposal
- Gradually advance your arguments by encrypting each damage
- Use the advantageous taxation argument for the employer
- Do not immediately reveal the amount you hope
I noticed that the employees who follow these recommendations generally obtain better departure conditions.
Choose the right time and the right contact
The choice of the right time to make your request is crucial. Favor an individual interview with your direct supervisor or the human resources manager. Avoid periods of high activity or tension in the company.
During this interview, highlight the advantages for the employer:
- Avoid litigation potential
- Anticipate a departure in good conditions
- Reduce the workforce if the company is experiencing economic difficulties
Do not hesitate to offer to organize the transition, for example by forming your successor. This constructive attitude will be appreciated and will be able to facilitate negotiations.
The importance of legal assistance
Although the conventional rupture procedure is supervised, it may be wise to be assisted. The use of a lawyer specializing in labor law can be valuable to balance negotiation, especially in the face of experienced employers.
A lawyer can help you:
- Precisely assess the amount of the compensation to claim
- Check the legality of the procedure
- Negotiate favorable clauses in the agreement
If you think your employer has committed irregularities, it may be useful to know how to contest a dismissal: procedures and advice. This information can serve as a lever in your negotiations.
Financial and tax aspects to consider
The negotiation of a contractual termination is not limited to the gross amount of the compensation. It is essential to take into account the tax and social aspects which will impact the net amount that you will really receive.
| Element | Impact fiscal |
|---|---|
| CSG-CRDS | Applicable on part of the compensation |
| Social contributions | Partial exemption according to the amount |
| Income tax | Exemption under certain conditions |
It is wise to integrate these elements into your negotiation strategy. An attractive gross amount can be less advantageous once the samples are taken. Do not hesitate to request a detailed simulation from your employer or to your tax advisor.
Prepare for the contractual post-rear
The contractual termination opens the right to unemployment benefits, subject to fulfilling the conditions of allocation. It is important to inquire with France work (formerly Pôle Emploi) about your potential rights before finalizing the agreement.
Also think of your future employability. Negotiation may include elements such as:
- Professional training
- An outplacement
- A letter of recommendation
These non -financial advantages can be precious to bounce professionally.
Finalization and monitoring of the procedure
Once the agreement was found, the drafting of the rupture agreement is a crucial step. Make sure that all the negotiated points are clearly there. Do not forget the withdrawal period of 15 calendar days which follows the signature.
After this period, the agreement must be approved by the Dreets within 15 working days. During this period, your employment contract continues normally. Once the homologation is obtained, make sure your employer gives you all the end of the contract:
- Work certificate
- Pôle emploi certificate
- Balance of any account
Being a professional passionate about the law, I can only encourage you to remain vigilant until the complete finalization of the procedure. A well -negotiated contractual breakdown can be a springboard to new professional opportunities.
Remember that each situation is unique. If you have doubts or specific questions, do not hesitate to consult a specialist. A conventional rupture Well conducted can be beneficial for all parties involved.
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