Category: Leaving/losing a job

Categories
Leaving/losing a job Work

Resignation

Resignation

In France, there are a couple of ways to terminate a work contract.In this article, we’ll focus on termination of the work contract at your instigation, meaning a resignation.

The relationship can be ended by your employer or by you, like in any other country. However the ways to do it and the consequences will be different based on who instigates the break-up.

There are two main ways to do so.

Little disclaimer : we are not law professionals and the advice we give is of course not exhaustive. If any doubts or questions remain after reading this article, either contact us or a labour law professional.

Resignation

Why would you hand out your resignation ?

This could seem like a pretty basic question, but don’t forget that you’re in France and we like to complicate things… All jokes aside, there are two scenarios : 

  1. You’re in a permanent contract (CDI) and you can resign pretty much whenever you want. There are of course a couple of steps that we’ll cover below.
  2. You’re not in a permanent contract (CDD or else). Then some conditions may apply for you to resign, for exemple, having another firm job offer. Please check your contract before doing anything reckless !

How do you do it ?

A resignation is quite easy to navigate. There is one step and that is to notify your employer. You can do that via email or a letter. The most important is that when reading the message, it must be clear that you’re leaving your position so that there is no interpretation.

We can also assume that chivalry is not dead and when dealing with other people you’ll walk the extra mile and talk to your employer or management in person or via a call to advise them on your decision before actually sending your resignation letter.

Is there a notice period for when I

can hand in my resignation ?

Answer is yes, and the duration is usually specified in your contract. The period will begin as soon as the resignation has been tended and it’s quite the norm to outline in your resignation letter the date on which you’ll leave after the notice period has run out.

Even though there is a contractual notice period, you may negotiate with your employer to leave your position early. In this situation, it is up to you and the employer to find a common ground based on the needs of the service, the relationship you had etc.

What happens after ?

The common situation when you resign is that you are not eligible to unemployment benefits. However, in some situation, a resignation may trigger the benefits, usually when : 

  • You plan to take over or create a business
  • You need to resign because of your partner being transferred
  • You have a plan for a training afterward

Mutually agreed termination

(rupture conventionnelle)

What is a mutually agreed termination

rupture conventionnelle ?

This category of termination allows you to leave your job with the agreement of your employer. The main advantage compared to a resignation is that you are eligible for unemployment benefits after the procedure, regardless of your situation if you’ve worked for more than 4 consecutive months in France.

How do you get a mutually agreed

termination ?

The procedure has a few steps but it’s really manageable. Here are the main milestones you need to follow : 

  1. Inform your employer that you wish to leave your position and do so with the procedure of mutually agreed termination and request a meeting with your employer and/or person from HR Entretien. You can have a person from the company present with you during the meeting.
  1. During the meeting, if your employer accept the procedure, you will draft the terms and conditions of the termination (notice period, severance package etc)
  1. After you sign, the draft is submitted online to the french administration (DIRECTE) for approval. From there, you have 15 days to recant.
  1. You get an answer within 15 days. If there is no answer after 15 days, it is deemed to be accepted, and you are free to go at the set date.
Categories
Leaving/losing a job Work

Termination

Termination

In France, there are a couple of ways to operation a termination.

The relationship can be ended by your employer or by you, like in any other country. However the ways to do it and the consequences will be different based on who instigates the break-up.

In this article, we’ll focus on termination of the work contract on the initiative of the employer.

There are two main ways for the employer to cancel your contract.

Little disclaimer : we are not law professionals and the advice we give is of course not exhaustive. If any doubts or questions remain after reading this article, either contact us or a labour law professional.

Termination for personal reasons

Why could you be dismissed ?

French labour law dictates that an employee can be terminated based on disciplinary or competence reasons. These two motives are called in french “motif personnel”. It covers two categories : 

  1. The disciplinary reasons : if you’re always late, misconduct on the job, insult or hurt co-workers etc.
  2. The non-disciplinary reasons : if you’re not qualified enough for the job, don’t have the skills etc

Are there any steps before dismissal ?

There is of course a gradation of sanctions that can happen before you’re fired. And usually companies won’t resort to a termination right away. You may first get an official reprimand, then a suspension and if the faulty behavior persists, a lay-off.

What are the steps for a dismissal for personal

reasons ?

Step 1 : notification. You usually receive a letter or an email that invites to a pre-dismissal meeting (“entretien préalable au licenciement” in french).

Step 2 : Pre-dismissal meeting. Within 5 days of the reception of the notification letter, HR or management will call you in to let you present your point of view. In this meeting you can be accompanied by any person from the company that you want.

Step 3 : Letter of dismissal. If the meeting above is inconclusive, you’ll receive at least two days after the letter of dismissal as a registered letter with acknowledgement of receipt LRAR. This letter will state the motive for dismissal and the beginning date of the notice. Usually, unless for certain motives (gross misconduct or negligence / faute grave ou faute lourde) where you can be fired right away, the notice will be about a month.

Is there anything I can do to dispute

my termination ?

If you feel like you don’t agree with your employer and have ground for a claim, here are the steps : 

  • Within 15 days of receiving the letter of dismissal, you can write a letter to your employer to request clarifications. This letter must be LRAR.
  • The employer has then 15 days to answer to you.
  • If you didn’t get satisfaction, you can refer you case to a specific labour court called “prud’hommes” in France.

How much do I get as a severance ?

That’s a tricky question as it depends on your seniority in the company, the ground of your dismissal etc.

Basically, what you need to bear in mind is that : 

  • In the event of dismissal for gross misconduct, you don’t get anything
  • In other cases you get a ¼ month salary per year in the company
  • You can waive the severance package and negotiate a compensation based on the money that owes you the company with paid leaves, bonuses etc…

What happens after ?

Employees laid off through this procedure are eligible for unemployment benefits in the general situation. I remind you once again that we are here dealing with french labour law that is quite complex and sometimes calls for different outcomes in situations that look to be the same.

To discover how to get registered with the french employment agency, click here.

Termination on economic grounds

Why would a company resort to that ?

When in a financial plight, companies may choose to lay off staff. This means that the dismissal is not wanted by the employee and that creates some obligation from the employer toward the employee.

Basically, this may happen when :

  • there has been an utter shift of market that the company didn’t adresse
  • a technological change triggers significant evolutions within the company.

Are there any steps before termination ?

Most of the time, dismissal on economic grounds doesn’t happen from one day to another. In companies under financial or economic stress, employees are aware of the difficulties whether through official channels (HR, management) or unofficial ones (what you hear at the coffee break).

This is just to say that when the first steps of a dismissal on economic grounds are taken it’s, usually, not a complete surprise.

Before actually firing people, the employer must define the skills that he needs to retain or hire. For the people that don’t fall into these categories, they must be offered opportunities to be redeployed within the company at different positions.

Actually, even though this is an obligation under law, most of the time companies know they have to take drastic actions and need to lay off some people, so they may offer underqualified positions or to work halfway around the world…

What are the steps for a dismissal on economic

grounds ?

Step 1 : notification. You usually receive a letter or an email that invites you to a preliminary meeting (“entretien préalable” in french).

Step 2 : Preliminary meeting. Within 5 days of the reception of the notification letter, HR or management will explain the situation and the decision that has been made for you. they will also present you with options (take a package, take another position in the company…)

Step 3 : Letter of dismissal. You’ll receive within 7 to 15 days after the meeting a letter of dismissal as a registered letter with acknowledgement of receipt LRAR.

Is there anything I can do to dispute my

termination ?

If you wish to dispute the grounds for dismissal, the package etc, you can refer your case to the “prud’hommes” that is the french labour court. In that situation, you should get help from a professional.

How much do I get as a severance ?

That’s a tricky question as it depends on your seniority in the company, the ground of your dismissal etc.

Basically, what you need to bear in mind is that : 

  • You usually get a ¼ month salary per year in the company. This grows with your years of service.
  • You can waive the severance package and negotiate a compensation based on the money that owes you the company with paid leaves, bonuses etc…

What happens after ?

Employees laid off through this procedure are eligible for unemployment benefits in the general situation. I remind you once again that we are here dealing with french labour law that is quite complex and sometimes calls for different outcomes in situations that look to be the same.

To discover how to get registered with the french employment agency, click here.

Tips

  • French law dictates that any termination must be caused by a genuine and serious motive. If you have a displeasure to be in such a situation one day, and feel that the break-up of your contract doesn’t have a serious ground, please get in touch with a labour law professional.
  • Make a copy or digitally store every exchange with HR or management during this procedure.
  • Paid leave : if you have not been able to take all of your leave before the end of the notice, these days will be paid to you.
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