Can I request a mutual termination agreement and be exempt from the notice period in France?

Question from KHELIFA CHAHT EP BENYOUB, Can I request a mutual termination agreement and be exempt from the notice period in France?

Answer from AI:

In France, you can request a mutual termination agreement with your employer if you no longer feel comfortable at work. A mutual termination agreement, known as “rupture conventionnelle” in French, is a voluntary agreement between the employer and the employee to end the employment contract. This agreement allows both parties to negotiate the terms of the termination, including the notice period.

Requesting a mutual termination agreement

To request a mutual termination agreement, you should follow these steps:

1. Discuss your concerns with your employer and express your desire to end the employment contract through a mutual termination agreement.
2. If your employer agrees, negotiate the terms of the termination, including the notice period, severance pay, and any other relevant conditions.
3. Sign a written agreement that outlines the terms of the termination.
4. Submit the agreement to the French labor authorities (Direccte) for approval. The authorities have 15 days to approve or reject the agreement. If they do not respond within this period, the agreement is considered approved.

It is important to note that both parties must agree to the mutual termination agreement. If your employer does not agree, you cannot unilaterally terminate the contract without facing potential legal consequences.

Exemption from the notice period

In a mutual termination agreement, the notice period can be negotiated between you and your employer. This means that you can request an exemption from the two-month notice period, but your employer must agree to it. If your employer does not agree to waive the notice period, you will be required to serve it as per your employment contract.

Seeking legal advice

It is recommended that you consult with a legal professional to discuss your specific situation and obtain personalized advice. A lawyer can help you understand your rights and obligations under French labor law and guide you through the process of negotiating a mutual termination agreement.

In conclusion, you can request a mutual termination agreement with your employer in France, and it is possible to negotiate an exemption from the notice period. However, both parties must agree to the terms of the termination, and it is advisable to seek legal advice to ensure that your interests are protected.