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Neither dismissal nor resignation, conventional dismissal is the result of negotiation between employer and employee. A very particular and sometimes delicate exercise.
DO NOT TAKE THE INITIATIVE.
The conventional termination procedure is very informal. It is often the employer who takes the initiative in the negotiation and does it verbally.
It is also not recommended for employees to take the initiative because certain employers can use it against them before the industrial tribunal when they wish to dismiss them.
NEGOTIATE TERMINATION PAYMENTS.
The law provides for a minimum equal to the amount of the conventional severance pay in the event of a collective agreement, or the amount of the legal severance pay in the absence of a collective agreement.
The employee can negotiate to obtain higher conventional compensation because he benefits from an advantageous tax regime and up to two years of salary exemption.
NEGOTIATE BENEFITS IN KIND.
During the negotiation, the employee can try to keep his benefits in kind. This could be the company vehicle, the business telephone, the laptop or even the company’s accommodation for a few months. The employer has the right to refuse but if he wants a quick departure, the employee can hope to keep one or two benefits.
NEGOTIATE THE END DATE OF THE CONTRACT.
The end date of the contract is at least 15 days after signing the agreement.
The employee may have an interest in meeting his or her needs for a longer period. For example, to give notice or to benefit from support from Pôle emploi. To benefit from it, you must have a certain seniority in the company.
POSSIBILITY TO WITHDRAW.
The employee and the employer can each withdraw. In this case, you must send a registered letter with acknowledgment of receipt to the other party or deliver a letter by hand against discharge.
But withdrawal is quite rare, especially on the part of the employee because it is possible for him to contest the contractual termination before the industrial tribunal for one year.
NB:
If an appeal concerning the agreement, its approval or the refusal of approval must be filed, it must be presented to the industrial tribunal within 12 months following the date of approval of the agreement.
DAMY law firm , Nice, Conventional termination, Updated 2022
