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Termination of employment contract 
How long does it take ?

Each type of termination follows its own rules and procedures. Please see below some indication about timing and mandatory steps for individual termination. Please note that in any case, collective bargaining agreements or internal regulations should always been checked in case of different provisions.

Mutual termination

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This procedure requires the employee and the employer to agree on termination of the employment contract by mutual consent. This is not a dismissal nor a resignation. The initiative could be either from the employee or from the employer. There is no formal notice period, and the only mandatory required payment is the legal/ CBA severance indemnity (+ outstanding paid vacations).

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The procedure for a mutual termination is described above and takes approximately a minium of 45 days to complete.

At least one mandatory meeting to discss the principle and the terms and the documents setting out the terms signed of the mutual termination. 

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One terms agreed, signature of the mutual termination document. 

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Withdrawal period for 15 calendar days, during which each party could withdraw its consent for termination 

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Once withdrawal period is over, signed mutual termination document should be sent to the Labor Administration for validation ("homologation"). Please note that it is possible to upload the signed document on a dedicated website. There is a 15 working days minimum period for such validation to occur. No response from the Administration constitutes implied validation.

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The agreed termination of the employment contract can be effective no earlier than the day after the expiry of such 15 working days period. 

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Contact

Valérie BLANDEAU

Avocat

Associée Pinsent Masons France

 

21-23 rue de Balzac, 75008 Paris, France

E-Mail : valerie.blandeau@pinsentmasons.com

Tél : + 33. 6 14 81 58 99

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