The conventional break: How does it work?

The Conventional Breakup is only possible for permanent employment contracts (CDI) and does not concern dismissal or resignation. It cannot be imposed by either party.

An employee who signs a contractual breach with his employer shall receive a

specific indemnity for breach of contract

the amount of which varies according to his seniority and remuneration and which may not be less than the amount of the statutory redundancy payment. He shall receive the paid leave allowance if he has not taken all the leave accrued on the date of termination of the contract. He may also be entitled to unemployment benefits if he fulfills the conditions for entitlement (sufficient prior activity, active job search).

In his card, Service-public.fr details the procedure:

• One or more interviews between the two parties (who may be assisted) make it possible to define the conditions of the break (date of the break, amount of compensation paid by the employer, notice to be given or not) indispensable before any contractual break agreement.
• The drafting and signing of the agreement shall lay down the conditions for the termination of the contract of employment.
• Sending the agreement to the Regional Directorate for companies, Competition, Consumption, Labor and Employment (Direccte) for validation.

There is also a collective breach of collective agreement which can only be achieved through a collective agreement.