Rupture conventionnelle agreement (mutually agreed termination)
The rupture conventionnelle is the legal means by which an employer and an employee on a CDI can end their employment contract by mutual agreement, within the safeguarded framework defined by articles L1237-11 et seq. of the Code du travail. It requires at least one meeting, the signing of an agreement setting out in particular the amount of the specific indemnite and the intended termination date, a cooling-off (retraction) period of fifteen calendar days, then approval (homologation) of the agreement by the DREETS (regional labour authority). This document is a memorandum of the agreement reached between the parties and does not replace the official TeleRC online procedure. This form is in English, but the document is generated in French, ready to sign and use in France.
Note: the questionnaire is in English; the generated document is in French.
The employer
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Frequently asked questions
What is the minimum amount of the specific rupture conventionnelle indemnite?
The specific rupture conventionnelle indemnite cannot be less than the statutory redundancy indemnity calculated in accordance with articles L1234-9 and R1234-1 et seq. of the Code du travail, i.e. one quarter of a month's reference salary per year of service up to ten years, and one third of a month per year beyond.
How many meetings are mandatory?
The law requires at least one meeting prior to signing the agreement. The two parties may agree to hold several meetings. Each meeting must be recorded with its date, and the employee may be assisted.
How does the approval procedure work?
Once the agreement is signed and the 15-calendar-day cooling-off period has expired, the employer files the approval request via the TeleRC online procedure (CERFA 14598 form) on the Ministry of Labour's website. The DREETS has 15 working days to review the request; no reply within that time amounts to tacit approval.
Does a rupture conventionnelle give entitlement to unemployment benefit?
Yes. An employee whose agreement is approved can register with France Travail (formerly Pole Emploi) and receive the return-to-work allowance (ARE), subject to meeting the affiliation and availability conditions defined by the unemployment insurance rules.
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