Scoping the termination
Analysis of the situation, the parties' motivations, the legal risks (notably the absence of a contemporaneous dispute), and assessment of the severance amounts contemplated.
→ Employment · Sub-expertise
Mutually-agreed termination (rupture conventionnelle) has become the preferred method for negotiated departures: legal certainty, favourable tax treatment, an amicable exit. But it requires strict formalities and a carefully managed negotiation of the severance package. We assist employers and employees (executives, directors) in securing and optimising the termination.
→ What we cover
Analysis of the situation, the parties' motivations, the legal risks (notably the absence of a contemporaneous dispute), and assessment of the severance amounts contemplated.
Calibration of the specific indemnity (at least the amount of the statutory or contractual dismissal indemnity), of any supplements, and articulation with the pro-rata bonus.
Conduct of the procedure: preliminary meetings, formalisation via the CERFA form, compliance with the 15-day withdrawal period, and transmission to the DDETS (labour authority) for approval.
Coordination with the waiver of clauses (non-compete, mobility, etc.), handling of shares/BSPCE, return of equipment, and end-of-contract documents.
Internal and external communication, management of the notice period or release from it, handling of ongoing matters, organisation of the handover of activities.
Anticipation of potential challenges (action to set aside the termination), handling of outstanding amounts (variable pay, upcoming bonus), and securing the parties' respective commitments.
→ Our approach
01
Analysis of the situation and the risks, assessment of severance amounts, definition of the negotiation strategy.
02
Conduct of the meetings, negotiation of the package, formalisation of the agreements on related matters (clauses, shares, transition).
03
Signature of the CERFA form, compliance with the 15-calendar-day withdrawal period, transmission to the DDETS for approval.
04
Implementation of the termination on the effective date, delivery of end-of-contract documents, payment of the indemnities, management of the transition.
→ Who we help
Mutually-agreed termination of a senior executive with negotiation of a full package: indemnity, pro-rata bonus, waiver of the non-compete clause, terms applicable to shares and BSPCE.
Negotiated departure of an employee in a tense context, without amounting to a dismissal for cause: a secured mutually-agreed termination, with a package that preserves the dignity of both parties.
A wave of mutually-agreed terminations in the context of a reorganisation, with care taken to avoid the risk of recharacterisation as a collective dismissal.
Support for an employee wishing to start a business or change careers, with articulation of the severance package and the transition.
→ Q&A
The specific indemnity for a mutually-agreed termination cannot be lower than the statutory dismissal indemnity (or the contractual one, if more favourable). In practice, supplements are often negotiated to reach a more attractive package (equivalent to several months' salary).
At least one meeting (often several), signature of the CERFA form, a 15-calendar-day withdrawal period, transmission to the DDETS for approval (15 working days). In total, approximately 4 to 6 weeks minimum between signature and the effective termination.
The specific indemnity benefits from an exemption from income tax and social-security contributions within certain limits, capped by reference to the annual social-security ceiling (PASS) and the reference salary. Beyond these thresholds, levies may apply. A preliminary analysis is useful to optimise the package.
Yes, within 12 months of approval: for a defect in consent (pressure, fraud), the absence of a meeting, or failure to inform the employee of their rights. A finding of nullity entails recharacterisation as a dismissal without real and serious cause, with the corresponding indemnities.
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