Since January 2018, all companies in France, without conditions of employees, can conclude a collective settlement agreement (RCC) instead of a PSE which aims at facilitating the voluntary departures of the employees and dissociating them from the plans of safeguard of the employment (PSE). 这种安排使提供成为可能, by collective agreement validated by the administration, 为 the termination of employment without any economic reasons or justifications. The RCC is an autonomous mode of breach of contract, exclusive of dismissal or resignation and cannot there为e be imposed by one of the parties (Article L 1237-17 Code du Travail).
这种解决方案 allows the employer and the employee on an indefinite-term contract (CDI) 同意 terms of the termination of the 雇佣合同 他们之间. The RCC is possible without any legal reasons or justifications (i.e. 经济原因). A legal procedure lays down the procedures to be respected (drafting of an agreement of rupture and validation by the DIRECCTE).
Companies wishing to set up collective voluntary departures from employees have 3 possibilities:
Either within the framework of the RCC agreement without having to justify economic difficulties; either in the context of a PSE in the event of economic difficulties that also necessitate redundancies; either as part of an autonomous voluntary exit plan not integrated in a PSE, this modality being always possible according to the declarations of the authorities.
This collective settlement agreement (RCC) must be dissociated from the PSE. I不可能启动RCC, and then a PSE if the goal of entire job cancellation was not achieved. In this case, warned the ministry, the administration could refuse to validate the PSE. However, the possibility of planning voluntary departure plans is always possible.
The RCC cannot be proposed by employees to their employer. In fact, only the employer can have the initiative to propose a RCC.
The collective settlement agreement is realized within the framework of a collective agreement. Dismissals by mutual agreement that result from it cannot be imposed by one or other of the parties.
All employees cannot be candidates 为 the collective settlement agreement. The conditions that must be fulfilled by the employee to be a candidate are set by the collective agreement. The employee who is a candidate 为 this kind of dismissal gives his written agreement. 他没有义务成为候选人. If, 然而, the number of employees who are candidates 为 the collective settlement agreement is greater than the maximum number of departures envisaged, the potential candidates 为 departure are separated according to the criteria set out in the collective agreement.
If a protected employee is concerned by a collective settlement agreement, the authorization of the DIRECCTE (labor inspection) is obligatory.
雇主必须首先:
- 本协议必须经主管部门确认. The absence of an answer is equivalent to an implicit acceptance;
- 雇员获得带薪假期补偿, if he has not taken all the vacations acquired on the date of termination of the contract.
- If the 雇佣合同 provides 为 a non-competition clause, the financial consideration is due (unless the clause is waived);
- 在合同的最后, the employee is entitled to unemployment benefits if he fulfills the conditions 为 the acceptance;
- The employee benefits from a termination indemnity that cannot be less than the legal indemnity due in the event of dismissal 为 economic reasons.
The acceptance by the employer of the employee’s application 为 voluntary departure starts the termination of the 雇佣合同 by mutual agreement (Article L 1237-19-2 Code Civil).
This break entitles the employee to the severance benefits provided 为 in the agreement and to unemployment insurance benefits, 以满足所有条件为前提, 包括资质和求职, 从中受益.
任何与…有关的争议 termination of the 雇佣合同 in France 必须上法庭吗 在12个月期满之前 which begins on the date of the actual termination of the 雇佣合同.
—
This article has been prepared 为 in为mational purposes only. It is not a substitute 为 legal advice addressed to particular circumstances. You should not take or refrain from taking any legal action based upon the in为mation contained herein without first seeking professional, individualized counsel based upon your own circumstances. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
信息由ALARIS AVOCATS提供, English speaking lawyers in France (Paris) specialized in French labor law, 尤其是各种社会计划, 解雇程序及劳动合同条款.