Conventional break-up of a private sector employee
Verified 09 January 2026 - Entreprendre Public Service / Directorate of Legal and Administrative Information (Prime Minister)
The contractual break allows the employer and the employee to to break an agreement DTA: titleContent. A specific procedure must be followed: interview(s), respect of procedural deadlines, request of approval by the administration. The termination agreement signed between the employer and the employee provides for the termination conditions and the specific indemnity. After a contractual break, the employee can receive compensation from France Travail (formerly Pôle emploi). We're taking stock of the regulations.
Warning
One childminder cannot enter into a contractual break with the employer to terminate the employment contract.
Conventional rupture is a particular mode of rupture the employment contract of an employee in DTA: titleContent. It's not a dismissal, it's not a resignation.
The employer and the employee agree by mutual agreement the conditions of the termination of the employment contract.
The conventional break cannot be imposed by either party.
It cannot be concluded during the trial period.
The device of conventional rupture does not apply to employees in FIXED-TERM CONTRACT: titleContent, in temporary employment contract (temporary) or in apprenticeship contract.
Please note
The individual employer and the employee can agree to a conventional break.
It doesn't exist no formalism regarding the request for a conventional break.
The request can be done orally (interview, telephone contact) or in writing (mail, mail, etc.).
A template letter is available to allow the employee to initiate the conventional termination procedure:
No. The employer or the employee is not obliged to respond to a request for a conventional termination.
For example, the employer is not obliged to respond to an employee's request, even if the latter is made several times per letter RAR: titleContent.
Depending on the situation, a treaty break may or may not be concluded:
Situations where conventional rupture is possible
It is possible to conclude a conventional breach as soon as the everyone's consent is free and informed.
For example, a contract termination may be concluded during the following periods of suspension of the employment contract:
- Disease
- - or occupational disease
- Maternity leave
- Parental Leave
- Sabbatical.
It is also possible to conclude a conventional rupture when the company encounters economic difficulties. In this case, conventional rupture should not be used to bypass the economic dismissal procedure (for example, no reclassification search).
Situations where conventional rupture is not possible
The employer and the employee cannot agree to a conventional break if it is taken in any of the following cases:
- Conclusion under fraudulent conditions or in the absence of an agreement between the employee and the employer (for example, if the employee has been pressured or threatened to sign the contractual break)
- Proposal in the framework of a collective agreement on the forward-looking management of jobs and skills (GPEC) or job protection plan (PES)
- Proposal in the framework of a collective agreement on the collective conventional rupture
- Individual contractual termination procedure aimed at circumventing the guarantees provided for the employee in terms of economic redundancy.
Yes. The employer and the employee must meet on the occasion ofat least one interview.
The agreement can be signed during this interview. No time limit is imposed between maintenance and the signing of the termination agreement.
The interview(s) define the conditions of the termination (end date of contract, amount of compensation paid by the employer).
These conditions are essential for drafting the termination agreement.
No particular form is imposed concerning the convening of the employee for that interview (or interviews). It is better to make a written statement in order to have proof of the invitation to negotiate the treaty break.
During this interview (or interviews), the employee may be assisted.
If the employee chooses to be assisted, the employer can then be assisted himself.
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Assistance of the employee
The regulations vary depending on whether or not staff representatives are present:
The company has no staff representatives
The notice must indicate that the employee may be assisted during the interview:
- Either by another employee belonging to the company
- Either by an external adviser called advisor to the employee.
The letter specifies the contact details of the town hall and the competent labor inspectorate for the company where the employee can find the list of advisers of the employee.
Warning
The address of the town hall is that of the employee's domicile if he resides in the same department as the one where the company is located, otherwise it is that of the town hall of the workplace.
The employee who chooses to be assisted must inform the employer before the scheduled date for maintenance (or interviews).
Please note
The name, surname and status of the assistant must be indicated in the form.
The company has staff representatives
The notice must state that he may be assisted during the interview by an employee belonging to the company (staff representative or not).
The employee who chooses to be assisted must inform the employer before the scheduled date of the interview (or interviews).
Please note
The name, surname and status of the assistant must be indicated in the form.
Assistance from the employer
The regulations vary depending on whether the employee is assisted or not:
The employee is assisted
The regulations vary depending on the company's workforce:
Less than 50 employees
During each interview, if the employee is assisted, the employer may be accompanied by one of the following persons:
- Person of his choice belonging to the company's staff
- Member of his employers' trade union organization
- Other employer in the same branch.
If theemployer decides to be assisted during an interview, must inform the employee before the interview (written or oral).
50 or more employees
During each interview, if the employee is assisted, the employer may be accompanied by a person of his choice belonging to the staff of the company.
If theemployer decides to be assisted during an interview, must inform the employee before the interview (written or oral).
The employee does not receive assistance
The employer cannot be assisted if the employee is alone during the interview.
Please note
The employee of the individual employer cannot not be assisted. The individual employer may also not be assisted.
The procedure is different depending on whether the employee is protected or not:
General case
The employer or employee completes the online service form, it can download and print it even if it is not fully completed.
The form can be used during the interview(s).
Once fully filled, it must be downloaded, signed and dated by hand by the employer and the employee.
Online Application for Approval of a Conventional Break (TéléRC)
If the employer or employee is not able to use the online service, it shall inform the DDETSPP: titleContent. He then fills in the form cerfa no. 14598 of conventional termination of a permanent contract and application form.
In the 2 cases, the form must specify the conditions of the break:
- Date of the end of the withdrawal period (right to change your mind about your decision)
- Date of termination of the employment contract, fixed at the earliest on the day following theapproval of the PSSRB
- Amount of the specific compensation for breach of contract.
FYI
This form may be supplemented by annexes, for example as regards the non-compete clause.
Protected employee
The contractual termination agreement concerning a protected employee is subject not to approval, but to authorization from the labor inspector.
The TeleRC online service cannot be used.
The CSE: titleContent must be consulted for the following protected employees:
- Elected members of the ESC
- Trade union representatives at the CSE
- Proximity representatives
- Employees with specific mandates.
Once the opinion of the ESC (favorable or unfavorable) is obtained, the employer and the employee DTA: titleContent may sign the application form for authorization to break a protected employee.
FYI
The form may be supplemented by annexes, for example as regards the non-compete clause.
Yes. The employer must give 1 copy of the agreement of termination dated and signed to the employee.
FYI
Failure to comply with these obligations may enable the employee to obtain the cancelation of the contractual break and the payment of compensation for wrongful dismissal (without real and serious cause). The employee must enter the labor court council.
Yes. The employer and the employee have a right of withdrawal (right to change their mind about their decision) from 15 calendar days.
The party withdrawing shall inform the other party by letter RAR: titleContent or by hand-delivered letter against discharge. She is not obliged to give a reason for withdrawal.
The withdrawal period begins on the day after the date of signature of the Convention.
When the last day of the deadline falls on a Saturday, Sunday, public holiday or unemployed, it shall be extended until 1erbusiness day next.
One simulator allows the end date of the withdrawal period to be determined:
Calculate the possible withdrawal period for a conventional break
Please note
The end date of the withdrawal period shall be entered in the termination agreement.
No. No notice is provided for in the context of the contractual breach.
The employer and the employee must agree on a date of termination of the contract in compliance with the withdrawal period and the investigation period of the application forapproval of conventional rupture.
The simulator which makes it possible to determine the date of withdrawal also makes it possible to calculate the minimum contract end date :
Calculate the possible withdrawal period for a conventional break
Please note
The contract end date is included in the convention of breach.
In the absence of withdrawal within the prescribed period, the agreement of termination must be sent to the DDETSPP: titleContent to get his approval.
The procedure for approving the agreement varies according to whether the employee is protected or not:
General case
The employer or employee address the request forapproval of the breaking agreement using the TeleRC online service.
This request may be addressed from the day following the end of the withdrawal period.
Online Application for Approval of a Conventional Break (TéléRC)
When the employer or employee was unable to use the online service, it shall inform the DDETSPP: titleContent. The request forapproval conventional rupture can then be carried out exceptionally by filing the form cerfa no. 14598 which has been informed. This form is preferably sent by letter RAR: titleContent or by hand-delivered letter against discharge to the PSSRB.
Who shall I contact
The PSSRB has a 15 working days from the day following receipt of the request, to verify the validity of the agreement.
If the last day of this period falls on a Saturday, Sunday or public holiday, or unemployed, it shall be extended until 1er next business day.
If the PSSRB does not not replied within 15 days, the convention is approved.
The PSSRB must indicate the reasons for the refusal of registration (for example, failure to comply with a procedural step or failure to comply with the minimum amount of the conventional termination indemnity).
Protected employee
The request for authorization of conventional termination shall be made to the labor inspector from next day the end of the withdrawal period.
The minutes of the CSE: titleContent shall be addressed to the labor inspector with this request.
Who shall I contact
The labor inspector must ensure the parties' freedom of consent and the absence of any link between the contractual termination and the term of office of the protected employee.
In theno response of the labor inspector within 2 months, the application for authorization shall be considered as rejected.
The breach of employment contract can only intervene the day after the day of authorization given by the labor inspector.
FYI
Everything appeal must be presented in the 2 months after the decision of the labor inspector to the minister responsible for labor. The recourse is not made at labor court council.
During the probate period, the employee continues to work normally.
The end date of the contract is not postponed in the event of suspension of the employment contract (for example: paid leave, sick leave or leave for the death of a relative).
Specific compensation for conventional breakup
Whatever his seniority, the employee whose contractual termination is approved by the DDETSPP: titleContent perceives a specific compensation for conventional breakage.
The allowance may not be less than statutory severance pay or conventional.
The calculation of the specific allowance varies according to the seniority and remuneration of the employee.
The amount of compensation can be estimated using the simulator for calculating the specific compensation for conventional breakup :
Calculate the amount of the conventional termination indemnity
Please note
It is possible to negotiate an amount greater than the amount of the legal or contractual indemnity.
Other allowances
The employee is entitled to all elements of remuneration due by the employer on the date of termination of the employment contract (salary, bonuses, etc.).
He perceives a compensatory leave with pay, if he has not taken all the leave acquired on the date of termination of the contract.
The employer shall provide the employee with the following documents:
- Work Certificate
- France Travail (formerly Pôle emploi) certificate
- Receipt for balance of any account.
Please note
When anemployee savings is set up in the company, the employer gives the employee, at the end of the employment contract, a summary of the amounts saved.
The employee who fulfills the conditions, including a minimum period of work, may benefit from the Return to Employment Assistance (RHE) allowance.
Everything appeal concerning the Convention, theapproval or the refusal of approval of the contractual breakdown of an employee must be presented before the labor court council.
The appeal must take place within the 12 months from the date of registration or refusal of registration of the Convention of Termination.
The appeal can be presented by the employer or employee.
The conventional break can be canceled by the labor court council if the employee establishes that it was signed when his consent was not free. For example:
- Conventional break signed in a context of psychological harassment
- Employer who has exerted pressure to encourage the employee to choose a conventional break.
When the conventional rupture is canceled by the labor court council, the employee may receive compensation provided for in the event of wrongful dismissal (without real and serious cause).
Warning
The appeal concerning protected employees fall under the jurisdiction of the Minister of Labor.
Who can help me?
Find who can answer your questions in your region
For information on the entry or transmission of an application, for example, and on labor law
Regional Directorate for the Economy, Employment, Labor and Solidarity (Dreets, formerly Direccte)For information on labor law (e.g. amount of compensation)
For more information on this subject, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.
He does not respond questions on unemployment compensation and approaches to the France Labor (formerly Pôle emploi), the public servants or contract workers of the fcivil service, the amount or payment of contributions social, wage or employer.
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The informants who answer you belong to the ministry in charge of labor.
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