Recently, the Supreme Court of France ruled that employers and workers could enter into a jointly agreed dismissal if the contract is suspended due to illness or accident at work, except in cases of fraud or tainted consent (approximately 30 September 2014, 13-16/297). Under a break-up agreement, both parties are required to sign a very formal agreement confirming their mutual agreement and the worker is entitled to a certain amount of compensation that cannot be less than the severance pay provided by the current collective agreement. When a worker signs an agreement, a change in mental faculties caused by a brain tumour can probably reduce consent and nullify the consensual dismissal (break-up agreement) that produces the effects of dismissal without physical cause. (Cass, soc, May 16, 2018, 16-25852). 4) How much to negotiate the agreed reciprocal termination? The termination award agreed by mutual agreement for the negotiations therefore corresponds to the sum of the following four amounts: in this case, a new amicable termination had been signed as soon as the administration had refused to certify the first, because the amount of the specific benefit was subject to the legal minimum. Yes, but strict adherence to the rules of procedure is crucial. There are four main ways to terminate an employment contract in France, a) a resignation, b) dismissal, c) dismissal and (d) a reciprocal termination agreement. Each type of termination involves different stages of the procedure. The normal working week in France is 35 hours. Any hour of more than 35 hours would generally represent overtime and would be paid at an additional rate or extra rest days (RTT) that could be granted instead.
The terms and means most flexible generally depend on the provisions of the existing collective agreement. Unsurprisingly, the Supreme Court of France had held that “the Court of Appeal, which sent the request for a certificate of termination by mutual consent before the expiry of the withdrawal period, had legally justified its decision” (Cass, soc, December 6, 2017, No. 16-16851). It is important to note that the amount of the agreed termination cannot be less than the amount of the benefit provided in Article L.1234-9 of the French Labour Code (1/4 of the salary per year of service for the 10th year, then 3/4 of the salary per year of service beyond 10 years). 1) If an employer has no motivation to terminate the contract, the company used to enter into a mutual agreement You can go to court to get the money that is not in the agreed termination of mutual agreement such as overtime, bonus and refund. In this context, the Court of Cassation has considerably limited the opening of applications for nullity of termination by mutual agreement in cases of fraud, non-consent or non-compliance with the procedure.