The collective breach of agreement is implemented 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 breaching a collective agreement.

This information is provided by dematerialized means via the portal of collective breaks of employment contracts (RUPCO):

Collective breaks in employment contracts portal (RUPCO)

L'collective agreement duty 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 length of time for which breaks in the employment contract may be committed under the agreement
• 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 the conclusion of an individual contract of termination between the employer and the employee and for the exercise of the right of withdrawal (right to retract the decision) by 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.

Yeah. Yeah. 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 shall give its opinion on the application for validation of thecollective agreement in a 15 days from receipt of the agreement.

The rules differ depending on the Dreets response:

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

This device is based solely on the employee's voluntary service who decides whether to leave the company.

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

The request is made in writing according to 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.

In addition, if the number of employees at departure is greater than maximum number of departures envisaged, they will be divided according to separation criteria laid down in the 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 reconsider) under the conditions set out in the Agreement breaking collective agreement.

The employee shall be entitled to an indemnity for termination of the contract of employment fixed by thecollective agreement. He also collects the remuneration elements due by the employer on the date of termination of the contract.

Severance pay in connection with collective agreement breakup

The employee shall be entitled to a severance pay which may not be less than statutory severance pay.

The calculation of the allowance varies according to the employee's seniority and remuneration. The agreement collective agreement breakage clause specifies the rules for calculating this allowance.

Other allowances

The employee is entitled to all the remuneration elements due by the employer on the date of termination of the employment contract (salary, bonuses, etc.).

He receives a compensatory allowance for paid leave, if he has not taken all the leave accrued on the date of termination of the contract.

Compensation paid in connection with a collective agreement breakdown shall be exempt from social contributions up to €94,200.

Compensation paid under a collective agreement is fully exempt from income tax.

The employer shall provide the employee with the following documents:

• Work Certificate
• Attestation France Travail (formerly Pôle emploi)
• Receipt for balance of any account.

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

The employee has 12 months from termination of employment contract within the framework of the collective contractual breakdown for refer the matter to the Labor Council (CPH).