In France there are 2 main types of termination. One is the agreed termination called “Rupture conventionnelle” the second one is the classic termination. Agreed termination This termination is an agreement between the employer and the employee. The process is simpler than the basic termination one and avoid any notice period. The process The process … Read more
The new labor law change things slowly but steadily. One these changes is the increase of the termination indemnity. Previously In the previous labor law, the termination indemnity was calculated for terminated employees of at least 1 year of seniority. The indemnity was worth 1/5 of the average monthly salary. For employees with at least … Read more
An employee lied during his recruitment interview. He claimed he had an experience as regional director which wasn’t true. This previous experience was a requirement for the employer. Therefore, the cassation court judged that the termination for grave misconduct was legit. An employee cannot claim a false experience during his recruitment. An employer can fire … Read more
In this specific case, and employee has had successive short term employment contracts. When the final contract ended, the employee asked the judge to have the contracts reclassified as one undefinite term contract. The judge agreed. He then condemn the company to the pay the employee: 2 indemnities for dismissal without just cause. 1 notice period … Read more
The “sommes isolées” are exceptional gross amounts paid to the employee and due to the termination of his employment contract. The retirement contributions paid on these gross amounts were distinct from the normal retirement contributions. As of the 1st of January this will no longer be the case. Exemple of “sommes isolées” : Indemnity for … Read more
Part of the termination indemnity is exempted from social contributions and CSG/CRDS contributions. However, when a termination indemnity exceeds 10 times the annual social security sealing it is fully subject to social contributions. This may change in 2016 as the parliament modified the 2016 finance law to have this exemption limit reduced to 5 time … Read more
