The employee’s seniority, his gross monthly salary received during the twelve months preceding the signing of the agreement.It will be necessary to clearly indicate the timing of procedure and in particular the envisaged date of the breach of contract law and the specific amount of compensation conventional break to be paid to the employee.

The compensation

It can not be less than the statutory redundancy payment provided for in Article L.1234-9 of the Labour Code or the voluntary settlement, whichever is more favorable for the employee. The basis of calculation must take into account the average the most favorable of 3 or 12 months paid before the date of signing the termination agreement.If the employee has less than one year of service, compensation is owed according to the number of months in attendance.It is also possible that the parties refer to any remarks or in a specific context, for this purpose on the back of the print mentioned in the preceding paragraph.

employment-law

The social system of compensation specific conventional termination is amended by Finance Act 2011 for Social Security.The current operation remains in effect until December 31, 2011.

Withdrawal can

Once the agreement signed, each party has a withdrawal period of 15 days.Every day of the week are recorded (16 calendar days), and if this deadline falls on a Saturday, Sunday or a holiday or holiday, it is extended until the next business day. This period must be calculated from the day after the date of signature of the Convention. You are strongly advised to withdraw by sending to the other party a letter by registered mail with return receipt (recorded delivery).Once this period has passed, the withdrawal is no longer possible and the procedure continues.

The employer then sent recorded delivery, to Direccte on which the company, three originals (one for the employee, the employer, another for Direccte) of the Convention, signed and accompanied by a letter requesting the approval of the termination agreement.The Direccte verifies the parties’ consent, form, and particularly the length of proceedings and the amount of compensation provided by the parties.

No return of the Direccte the end of the period, approval shall be deemed attained.In case of refusal of approval of the agreement, it is possible to re-submit the agreement in order, taking into account the comments of the administration.