Collective conventional rupture
Verified 01 January 2026 - Entreprendre Public Service / Directorate of Legal and Administrative Information (Prime Minister)
The collective conventional rupture is intended to frame the voluntary departure of the employee in DTA: titleContent in the context of a collective agreement, regardless of the size of the company. It's a mode of rupture to the amicable of DTA: titleContent. This is not a dismissal or a resignation. A collective agreement establishing a collective agreement break does not have to be justified on economic grounds. We're taking stock of the regulations.
Warning
Collective termination is open only to employees on permanent contracts. The device does not apply to employees in FIXED-TERM CONTRACT: titleContent, in temporary employment contract (acting), or apprenticeship contract.
The collective conventional rupture is set up as part of a collective agreement.
It is possible regardless of the size of the company.
The employer shall inform the Dreets: titleContent of sound intention to open a negotiation for the conclusion of a collective agreement on collective agreement termination.
This information is realized by dematerialization via the Collective Termination of Employment Contracts (RUPCO) portal:
Collective Termination of Employment Contracts (RUPCO) Portal
THEcollective agreement must mandatory indicate the following:
- Formalism and conditions of information of the Social and Economic Committee (ESC), if it exists
- Maximum number of planned departures, associated job cuts and the duration during which the termination of the employment contract may be initiated under the agreement
- Conditions to be fulfilled by the employee to benefit from it
- Conditions for the submission and examination of applications for employees' departure
- Conditions for the conclusion of an individual termination agreement between the employer and the employee and for the exercise of the right of withdrawal (right to revoke its decision) of the parties
- Deciding criteria between the candidates at the start
- Method of calculating severance pay guaranteed to the employee (may not be less than statutory severance pay)
- Accompanying measures and external reclassification of employees in equivalent jobs (e.g.: mobility leave, validation of experience)
- Follow-up clauses of the agreement.
Yes. The employer shall forward the content of the agreement to the Dreets: titleContent via the Collective Termination of Employment Contracts (RUPCO) portal:
Collective Termination of Employment Contracts (RUPCO) Portal
Please note
In the absence of CSE: titleContent, the employer shall attach a notice of deficiency.
The Dreets decides on the request for validation of thecollective agreement in a 15 days from receipt of the agreement.
The rules differ depending on the response of the Dreets:
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Validation of the agreement by Dreets
The decision by Dreets to validate the collective agreement on collective agreement termination, as well as the remedies and deadlines for recourse, are brought to the attention of the employees.
This information can be obtained by means of a display or any other means making it possible to give a certain date.
Refusal of validation by the Dreets
In case of rejection of validation, one new agreement can be negotiated.
The EESC was informed of the resumption of negotiations.
The new agreement takes into account the reasons for the decision of Dreets.
It is transmitted under the same conditions as the 1er okay.
Lack of response from Dreets
The lack of response by the Dreets at the end of the 15 days worth validation decision.
A copy of the applicant's requestcollective agreement informing employees of the collective agreement and the acknowledgement of receipt by Dreets, as well as the remedies and deadlines for appeal.
This information can be obtained by means of a display or any other means making it possible to give a certain date.
The collective agreement determines the conditions which employees must fill in to benefit from the collective conventional rupture device.
This device is based solely on the employee volunteering who decides whether to leave the company.
As soon as the agreement collective conventional rupture is validated, employees concerned may apply for an amicable termination of the employment contract.
The request is made in writing according to the conditions laid down in the agreement.
Yes. The employer may refuse an employee's application on objective grounds. For example, if the employee does not fulfill the conditions set out in the agreement.
In addition, if the number of employees at departure is greater than the maximum number of departures envisaged, they will be undivided according to the the criteria for division laid down in the agreement.
The procedure for terminating the employment contract varies depending on whether the employee is protected or not:
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General case
Acceptance by the employer of the employee's application in the context of the collective agreement breakdown leads to the termination of the employment contract by mutual agreement between the parties.
The employee whose application is accepted by the employer signs a individual agreement of termination.
A model convention is available:
Individual agreement to terminate by mutual agreement - Collective agreement to terminate
Protected employee
The breach of an employee's contract protected employee who applies in the context of a collective agreement breach is subject to thethe authorization of the labor inspector.
The application to the labor inspector is made under the same conditions as the dismissal of a protected employee.
The rupture of the employment contract may take place on the day after the day of authorization by the labor inspector.
The employer and the employee benefit from a right of withdrawal (right to revoke its decision) under the conditions set out in the Agreement collective treaty break.
The employee is entitled to an indemnity for termination of the employment contract fixed by thecollective agreement. He also receives the remuneration due by the employer on the date of termination of the contract.
Termination indemnity in the context of collective agreement termination
The employee shall receive severance pay which shall not be less than statutory severance pay.
The calculation of the allowance varies according to the seniority and remuneration of the employee. The agreement of collective conventional rupture specifies the rules for the calculation of that allowance.
Other allowances
The employee is entitled to all the elements of remuneration due by the employer on the date of termination of the employment contract (salary, bonuses, etc.).
He gets a compensatory leave with pay, if he has not taken all the leave acquired on the date of termination of the contract.
The compensation paid in the context of a collective agreement break is exempt from social contributions and contributions up to €96,120.
Compensation paid under a collective agreement is exempt from income tax in full.
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.
If the employee meets the conditions, it may benefit from the Return to Employment Assistance (RHE) allowance.
The employee has 12 months from the termination of the employment contract in the context of the collective agreement breakdown for refer the matter to the labor court (CPH).
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