How to break the employment contract?
Is conventional termination the solution to terminate the employment contract?
The contractual termination allows any employee in agreement with his employer, to terminate his employment contract for an indefinite period by mutual agreement. Nevertheless, a certain formalism must be respected.
In fact since 2008, it is possible for employers, their HRD and employees to put an end to CDI by mutual agreement using the Cerfa n ° 14598 approved , the only document valid for this break.
You can also write it online .
This document certifies the will of each of the parties to want to separate, after reflection, without haste while respecting a withdrawal period and a control exercised by the DIRECCTE .
The date of termination of the contract is defined by the parties without having to respect a notice.
To this end, the Court of Cassation has just recalled that any break by mutual agreement a contract of indefinite duration must take the form of an approved contractual termination, under penalty of being reclassified as dismissal without real and serious cause.
In this case, an employee had, in the presence of her employer, drafted and signed a letter in which it was stated that her employment contract had been terminated “by mutual agreement”.
For the Court of Appeal, the letter written by the employee did not materialize a resignation, as the employer claimed, but rather an amicable termination of the employment contract. The judges noted that this rupture had not been formalized within the legal framework of the approved conventional rupture and deduced that it should be considered as a dismissal without real and serious cause. A solution confirmed by the Court of Cassation.
So be careful, do not hesitate to consult our HRD in timeshare on this type of termination, in particular for protected employees whose Cerfa n ° 14599 * 01 and the procedure are very specific.
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