Alternative to dismissal and resignation, the break allows conventional, since 2008, to break a contract of indefinite duration.This is a sort of amicable separation, where both parties agree to terminate the employment contract.

The employer and employee bound by a permanent contract (CDI) may agree, by mutual agreement, the terms of the breakdown of the employment contract between them under the provisions of Articles L. 1237-11 à L. 1237-11 to L. 1237 to 1216 of the Labor Code, from Law No. 2008-596 of 25 June 2008 on the modernization of the labor market. This failure mode can not intervene to employees in fixed term contracts (CDD) or apprenticeship contract.

The benefits

It is not a resignation or dismissal. It is a procedure that allows a permanent break by mutual agreement. Here we must the mutual willingness of the parties to leave.The conventional termination can not be substituted for a dismissal procedure.

Employment law

The employer, as the employee can take the initiative to propose such a failure mode.There is no obligation to indicate the motivation. It’s just to see a bilateral agreement of the parties to break the contract.Breaking conventional presents a number of advantages:it takes effect quickly and requires little paperwork.The employer has no constraints as a result of breaking conventional to rehire an employee.But if the procedure is not heavy, it should however follow certain rules for the conventional termination is approved.

The procedure

In small companies, there is usually only one interview in which the parties discuss the principle of separation.They address the main lines, alone or assisted.The employee may be accompanied by a person of his choice on the staff of the company or by an adviser from a list compiled by the administrative authority available to the regional business, competition, consumption, Labor and Employment (direct) and in each municipality.If the employee gets help, he must notify the employer beforehand.

The employer, meanwhile, can be assisted if the employee is itself accompanied. He must then inform.The employer may use an employee of the company, a person belonging to a union or employer in the same industry.