The principle of conventional rupture Contat Who are we ? Conventional rupture according to Urbania Advice on conventional rupture The principle of conventional rupture Contat Who are we ? Contractual termination is the legal provision which allows termination of an employment contract outside of dismissal and resignation procedures. Does the contractual termination give entitlement to compensation? Yes the contractual termination gives the right to an indemnity which is very easy to calculate. It should be noted that this compensation cannot be less than the legal compensation for dismissal. In principle, this compensation corresponds to 1 / 5th of the monthly salary per year of service and seniority. If the worker has ten years or more of seniority, 2 / 15th of the monthly salary must be added for each year of seniority. These standards were decreed by the Labor Code, both employers and employees cannot derogate from them. Although some collective agreements recommend legal compensation in the event of contractual termination, this remains optional. It must always be greater than the severance pay. Relationship between unemployment and contractual termination The employee finding himself unemployed at the end of a contractual termination benefits from unemployment benefits. He is able to receive the allowances paid by Pôle emploi , which is not possible following a resignation. It is not futile to insist on the fact that the conventional termination of a CDI opens the right to the release of the amount of money available on the Company savings plan. However, it does not give rise to the right to tax exemption or to the purchase of a life insurance policy. After the contractual termination, the employee must immediately complete his registration with Pôle emploi. Focus on the conventional rupture procedure The law does not specify any particular procedure that must be followed for the negotiation. The Court of Cassation specifies in a judgment that the parties in question must allow themselves the time necessary to find the best possible agreement. Moreover, the employer and the employee will have to see each other on several occasions. During the interview, the employee may be assisted by an employee of the company or by a union representative or a staff representative.