Notice of termination of an employee
Verified 07 August 2026 - Entreprendre Service Public / (Prime Minister)
Notice of termination is the period of time that elapses between notification dismissal by the employer of the employee and termination of the employee's employment contract. Certain categories of dismissal do not provide for notice. The length of notice depends on different parameters. In principle, notice is given without interruption, but there are exceptions to this rule. During the notice period, the employee may be allowed to take time off to seek a new job. We're taking stock of the regulations.
Warning
Provisions particular shall apply for employees of individual employer and the childminders.
The employee is entitled to a notice of dismissal. However, in some cases, there is no notice.
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General scenario
Where the employee is entitled to notice of dismissal, he shall do so unless he is exempted from doing so or is unable to do so.
The employee makes his notice
The employee continues to work and is paid normally.
The employee is exempted from making his notice
The employer may exempt the employee from giving notice. One collective agreement may also provide for a waiver of notice. The employee can also ask not to perform it.
The employer exempts the employee from giving notice
The employer may waive the employee's notice. In this case, the employee cannot oppose it. The employee must receive a compensation for notice for the period of notice not completed.
When the employee is exempted from giving notice, he can be hired by another company without waiting for the contract to expire.
FYI
The waiver of notice does not change the date on which the contract ends.
The collective agreement exempts the employee from giving notice
The collective agreement may exempt the employee from giving full notice.
A simulator shows whether the collective agreement provides for a waiver of notice:
FYI
The waiver of notice does not change the date on which the contract ends.
The employee asks not to make his notice
The employee may request not to give notice. But his employer is not obliged to accept. If the employer accepts, it is not obligated to pay the compensation for notice. When the employee is exempted from giving notice, he can be hired by another company without waiting for the contract to expire.
FYI
The waiver of notice does not change the date on which the contract ends.
The employee is unable to give notice
In some situations, the dismissed employee cannot give notice. This is the case, for example, of an intervention technician dismissed following several speeding incidents and whose driving license has been suspended.
Termination for gross negligence or gross negligence
When the dismissal is for gross or gross misconduct, the employee is not entitled to notice.
Economic dismissal with acceptance by the employee of the professional security contract (CSP)
If the employee agrees to benefit from the professional security contract (CSP), his employment contract shall be terminated by mutual agreement at the end of the reflection period. There is no notice.
Dismissal for incapacity
The date of termination of the contract is the date of notification dismissal for incapacity. There is no notice.
Force majeure
There is no notice if the breach of contract is due to a case of force majeure.
The notice begins on the day of the 1stre presentation of the letter recommended by the postal services notifier dismissal (even if the employee has not recovered the mail).
The length of notice depends on the status and/or seniority of the employee. Special rules apply for certain categories of employees or are based on their usual place of work.
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General scenario
The length of notice varies according to the length of service of the employee in the company. It also varies if the employee is recognized disabled worker, is journalist or VRP: titleContent
Depending on the seniority of the employee
The notice period varies according to the seniority of the employee and the classification any collective agreement that is applicable in the company.
Seniority is calculated on the day the employer sends the termination letter.
Less than 6 months
The period of notice shall be determined by treaty provisions or by uses.
Between 6 months and 2 years
The period of notice shall be 1 month.
At least 2 years
The period of notice shall be 2 months.
Worker with a disability
The notice period for dismissal of a worker with a disability is twice the period fixed for other employees, up to a maximum of 3 months.
Please note
This provision shall not apply to thecompensatory allowance in the event of dismissal on grounds of incompetence of professional origin.
Journalist
In the companies of newspapers and periodicals, the period of notice of dismissal is fixed at:
- 1 month for a seniority less than or equal to 2 years
- 2 months for a seniority of more than 2 years.
VRP
The notice period for dismissal may not be less than:
- 1 month during the 1re year of presence in the company
- 2 months during the 2e year
- 3 months later.
Departments of Moselle, Haut-Rhin and Bas-Rhin
Employees working in the departments of Moselle, Haut-Rhin and Bas-Rhin are subject to special provisions concerning the length of notice.
The employee is entitled to a notice of the following duration:
- 1 day when his remuneration is fixed per day
- 1 week when his remuneration is fixed per week
- 15 days when his remuneration is fixed per month
- 6 weeks when his remuneration is fixed per quarter or per longer period.
The following persons are entitled to 6 weeks' notice:
- Professors and individuals employed by private individuals
- Sales Clerks
- Employees whose remuneration is fixed, permanently responsible for the management or supervision of an activity, or part thereof
- Employees whose remuneration is fixed, who are entrusted with technical services requiring a certain qualification.
Please note
These provisions apply in the absence of legal provisions, conventional oruses providing for a period of longer notice.
Of treaty provisions, the employment contract or uses may provide for more favorable provisions for the employee.
A simulator allows you to determine the length of your notice based on your collective agreement:
Calculate the length of notice of termination based on the collective agreement
No, in principle, the notice of dismissal runs from date to date without interruption, nor suspension. In certain situations, there are exceptions that may suspend the notice period.
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General scenario
Notice of termination is a prefix time, i.e. it runs from date to date, without interruption or suspension.
Paid leave
Paid leave may suspend notice of termination. This is the case if the leave is fixed before the notification of the dismissal.
Dates of leave fixed before notification of dismissal
Paid leave that occurs during the notice period and that was requested from the employer before the notification of dismissal shall suspend the notice period. As a result, the notice period is extended by an amount equivalent to the leave period.
Please note
The notice may also be suspended or postponed in case of mutual agreement between the employer and the employee or if treaty provisions foresee it.
Dates of leave fixed after notification of dismissal
Paid leave that occurs during notice and that has been requested from the employer after notification of dismissal do not suspend the notice. Therefore, the notice period is not extended by the same period as the leave period.
Please note
The notice may also be suspended or postponed in case of mutual agreement between the employer and the employee or if treaty provisions foresee it.
Termination notified during paid leave
In this case, the notice will only start after the paid leave.
Please note
The notice may also be suspended or postponed in case of mutual agreement between the employer and the employee or if treaty provisions foresee it.
Accident at work or occupational disease
The stoppage of work due to accident at work or occupational disease occurring during the notice period suspends the course of the notice period. Consequently, the notice period is extended by a period equivalent to that of the work stoppage.
The Labor Code does not foresee hours to look for a job during a notice of dismissal. The employer is therefore not not obligated to allow the employee to to be absent during the notice period.
However, a collective agreement, one collective agreement or a usage in the company may allow the employee to benefit from a certain number of hours of absence for facilitate research a new job. This may relate to terms of use and the remuneration of these hours (grouping at the end of notice, compensatory allowance if not used, etc...)..
In the absence of scheduled hours, the employee cannot leave the company to look for a new job during the period of notice. He must get the agreement of his employer.
FYI
The employer may legitimately refuse an absence permit for job search if the employee has already found and accepted a new hire.
One simulator allows to identify and view sa collective agreement (if available) to find out whether it is possible to obtain leave of absence during the period of notice for seeking employment:
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For more information on this subject, you can contact Allô Service Public.
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Notice and compensation for notice
Notice local law Alsacien-Mosellan
Advance notice for workers with disabilities
Advance notice for journalists
Advance notice for VRP