IS A CONVENTIONAL TERMINATION IN A CDD POSSIBLE? In France, labor law provides for many measures that protect employees from their employers. Social security, right to training, retraining, all employed individuals must be able to count on these mechanisms to hope to flourish serenely in an ever more flexible professional world. Especially since with the latent economic crisis and the health uncertainties of our time, it is even more difficult to plan its development in the medium term. Let’s see what the conventional termination device corresponds to, who it can benefit from and especially if the conventional termination on a fixed-term contract can serve as prospects for the employee.
What is contractual termination?
Conventional termination is a legal device allowing an employer and his employee to agree to terminate the employment contract that binds them before its term. However, the law stipulates that contractual termination is only authorized if the two parties are bound by a CDI or Permanent Contract. To be considered conventional, the termination must also have different procedural characteristics, such as the interview between the parties, the approval of the agreement and the right to contractual termination compensation for the employee.
This therefore means that contractual termination can never apply between two parties bound by a fixed-term contract. But that does not mean that amicable breach of contract is impossible in this case. On the contrary, the employee and his employer can perfectly agree to end this type of contract before its term. This will simply have to be based on a precise text, defining the end date of the contract as well as the applicable financial terms. But then, are contractually terminated unemployment compatible?
What compensation in the event of an amicable termination of a fixed-term contract?
The conventional termination of a CDD is an amicable procedure, which means that the two parties, and in particular the employee, do not lose their rights when they begin the process to carry it out. Here, it is not a question of settling a dispute and this procedure does not constitute a transaction. The employee has therefore not waived any of his rights by concession and he can fully claim unemployment after fixed-term contract, take legal action against his employer or assert all the rights arising from the signing of his employment contract. for example.
In addition, there are other compensation mechanisms from which the employee must be able to benefit following the termination of a fixed-term contract. We think in particular of the precariousness bonus, inalienable, even if he waived it during the amicable break-up. This bonus generally amounts to 10% of his total gross remuneration paid during the contract. He will also be able to count on compensatory allowances for paid leave acquired, but not taken during his contract. Finally, as with any breach of employment contract, the employee must be able to count on the delivery of a certain number of documents, such as the work certificate, the Pôle Emploi certificate and the balance of any account.
Right to unemployment and agreed termination
In the context of the conventional termination of a CDI, the employee has the right to receive his unemployment benefits. Again, this mode of termination is not a transaction, in which both parties make concessions in order to complete a contract while being sure that no lawsuit will be filed afterwards. But even in this case, it will still be necessary to respect certain criteria such as the involuntary deprivation of one’s job, the physical ability to exercise a job and residence in France. But then what about the amicable termination of a Fixed-Term Employment Contract?
In the same way, and contrary to a resignation for example, the conventional rupture in CDD, which one can finally consider as a conventional rupture in CDD, opens the rights to unemployment since it is not a procedure transaction between the employee and the employer at the origin of the rupture. But be careful, this is not automatic. It is up to him to take the necessary steps to collect his rights. From the termination of the contract, he will have 12 months to register with Pôle Emploi. Also note that to claim unemployment benefit, you must have worked at least 6 months, or 130 days or 910 hours, over the past two years.
How to calculate the amount of unemployment benefit?
We repeat once again, the conventional termination in CDD does not exist, since this mode of termination is only applicable to CDI. However, in practice, it remains entirely possible to terminate a Fixed-Term Contract before its term and amicably between the employer and his employee. In addition to the various rights opened up by this procedure, the employee can therefore fully claim his unemployment benefits if he meets all the required conditions, mentioned in the previous paragraph. But then, how to know the amount of this compensation? And above all, how to calculate it to better plan your future from a financial point of view?
Whether you take advantage of the conventional break in CDD or a CDI, the method of calculating the compensation is the same. To determine the amount of this allowance, be aware that two methods of calculation are possible and that Pôle Emploi will retain the one that is most favorable to the employee. The first consists of taking into account 57% of the Daily Reference Salary, while the second consists of taking into account 12.47% of the fixed allowance and adding 40.4% of the Daily Reference Salary.
The terms of unemployment compensation in the event of contractual termination on a fixed-term contract
After a conventional break, CDD or CDI, how long will he have to wait to be able to take advantage of his unemployment benefit? The answer may vary depending on the case and the dynamics of the institutions responsible for processing your file. In any case, be aware that you will have to wait at least a week, and often much longer, to see your compensation paid into your bank account.
To find out the duration of unemployment benefit after your breach of contract, you will need to count the number of months during which you have worked over the past two years, also called the duration of affiliation. It is recalled that the minimum duration to claim compensation is 6 months of actual work. Beyond these 6 months of work, your duration of compensation increases proportionally up to a maximum of 730 calendar days. Keep in mind that the earlier you register, the sooner you will receive your rights! But also that certain situations will reduce or stop the payments, in particular if you resume a professional activity, if you engage in a civic service contract or even if you retire.