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Human Resources
Conventional Break: Since April 2022, the application for registration is only online
Publié le 28 juillet 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Cet article est ancien
L'information n'est peut-être plus exacte
The validation of a contractual break between an employer and his employee on a DTA requires approval by the administration. This is now done online only with TéléRC.
Transmission of applications for approval
Since 1er april 2022, applications for conventional failure type approvals must be submitted via the TeleRC online service. No paper forms are now processed unless one party cannot use this online service.
The TeleRC service guarantees:
- An automatic check that each line of the form is filled in correctly.
- compliance with legal deadlines;
- verification that the compensation due to the employee is not less than the legal minimum.
A simple procedure
To apply for a conventional fracture license, the following steps are required:
- Fill out the personalized online form on TeleRC;
- Download the form in pdf format and then print it in 3 copies which will be signed in handwriting by the employer and the employee;
- Scan a copy in pdf format and then deposit it on TeleRC within 15 calendar days (including public holidays and non-working days) in accordance with the law;
- The administration shall examine the application for approval within 15 working days of receipt of the copy sent. It ensures that the parties' freedom of consent is respected and that the conditions laid down in the Labor Code are respected;
- In the absence of notification within this 15-day period, (tacit) approval shall be granted. If not, the administration must give reasons for its decision.
FYI
If the last day of the period falls on a Saturday, Sunday or public or non-working day, it shall be extended until the first following working day.
Please note
This online request does not concern the protected employee. This type of application is subject to the authorization of the labor inspector under the conditions of ordinary law provided for by the Labor Code.