Collective breakdown in agreement

The collective breach of agreement is implemented as part of a company collective agreement.

L'informed employer, by dematerialized means, the Dreets: titleContent of theopening of negotiations for the conclusion of a collective agreement breaking collective agreement:

Collective breaks in employment contracts portal (RUPCO)

The collective agreement must obligatory indicate the following

• Formalism and conditions for informing the Social and Economic Committee (ESC), if it exists
• Maximum number of planned departures, associated job losses and duration of collective breakdown
• Conditions to be fulfilled by the employee in order to benefit from it
• Conditions for the submission and examination of applications from employees
• Conditions for concluding an individual termination agreement between the employer and the employee and for exercising the right of withdrawal of the parties
• Criteria for separation between candidates at departure
• Method of calculating severance pay guaranteed to the employee (may not be less than statutory severance pay)
• Accompanying measures and external redeployment of employees to equivalent jobs (e.g.:mobility leave, validation of experience)
• Follow-up clauses to the agreement

The employer shall forward the content of the agreement to the Dreets: titleContent via the portal of collective breaks of employment contracts (RUPCO):

Collective breaks in employment contracts portal (RUPCO)

The Dreets: titleContent decide on the request for validation of the collective agreement in a 15 days from receipt of the agreement.

Rules differ depending on the response of the Dreets: titleContent :

The collective contractual breakdown is open only to the employee in DTA: titleContent.

The mechanism does not apply to employees in CSD: titleContent, in temporary employment contract (interim), or apprenticeship contract.

The collective agreement determines the conditions which employees must complete to benefit from the collective agreement breakup mechanism.

As soon as the agreement collective agreement breakdown is validated, employees concerned may propose their application for an amicable termination of the contract of employment.

The request is made in writing under the conditions laid down in the Agreement.

Yeah. Yeah. The employer may refuse an employee's application on objective grounds. For example, if the employee does not fulfill the conditions laid down in the agreement or if number of employees who want a break is above the maximum number of departures envisaged.

The candidates for departure are divided according to criteria laid down in the agreement breaking collective agreement.

The procedure for terminating the employment contract varies according to whether the employee is sheltered or not.

The employer and the employee shall be entitled to right of withdrawal (right to reverse decision) under the conditions laid down in the collective agreement.

Compensation paid in connection with a collective agreement breakdown shall be exempt from social contributions up to a maximum of 2 times the annual social security ceiling (i.e €87,984).

Compensation paid under a collective agreement is exempt from income tax in its entirety.

The employer must provide the employee with the following documents:

• Work Certificate
• Pôle emploi Attestation
• Receipt for balance of any account
• Participation schemes, profit-sharing schemes, wage savings plans within the company, summary statement of all sums and securities saved

If the employee meets the conditions, it may benefit from Return to Employment Assistance (RWA).

The employee has 12 months from the termination of the contract of employment in the context of the collective agreement breach to refer the matter to the Labor Council (CPH).