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Notice of termination of employment contract

Verified 23 March 2020 - Directorate for Legal and Administrative Information (Prime Minister)

The act of breaking the contract of employment constitutes a method of breaking the contract taken by court decision. The employee shall refer the matter to the judge for a decision on the allegations he has made against his employer (breaches serious enough to prevent the continuation of the employment contract). This produces the effects of dismissal without real and serious cause if the facts invoked by the employee justify it. Otherwise, it produces the effects of resignation.

The termination of the employment contract by the employee on the basis of facts which he blames on his employer constitutes an acknowledgement of the breach of the contract.

This mode of rupture produces the following effects:

The effects of the act on the right to Return to Work Allowance (RTA)termination and performance of notice..

Action may be taken when the employee accuses the employer of breaches sufficiently serious to prevent the continuation of the employment contract. It may be justified, for example, in the following cases:

All employees CDI: titleContent or CDD: titleContent may take note of the breach of the employment contract if he accuses the employer of breaches sufficiently serious to prevent the continuation of the employment contract.

Taking action is possible at any time, except during the test period..

No formalism is imposed on the employee. However, the employee must notify the employer by a written letter listing the allegations made against the employer and justifying the action taken.

Taking action shall entail the immediate termination of the employment contract. The employee is not required to perform a notice..

Model letter of acknowledgement of termination of employment contract

The employer must provide the employee with the following documents:

The employee shall refer the matter to the board of prud'homme to try to get.

The case is then brought directly to the judgment office, which decides within 1 month.

The judge shall decide:

  • the act is justified by breaches sufficiently serious to prevent the continuation of the employment contract,
  • or that these deficiencies are not sufficiently serious to justify taking action.

The consequences of the decision to breach the contract will vary depending on the judge's decision.

Action justified

The situation varies depending on whether the employee is protected or not.

General case

If the facts invoked by the employee justify the taking of action, it produces the effects of wrongful dismissal.. In this case, the employer shall pay the employee the following allowances:

FYI  

the employee may not receive unemployment benefits at the end of the employment contract (if he fulfills the conditions), but only after the decision of the labor council.

Protected employee

If the facts invoked by the employee justify the taking of action, it produces the effects of zero termination.. In this case, the employer shall pay the employee the following allowances:

FYI  

the employee may not receive unemployment benefits at the end of the employment contract (if he fulfills the conditions), but only after the decision of the labor council.

Unjustified action

If the act is not justified, it produces the effects of resignation.. In this case, the employee shall pay the employer a notice compensation.. It shall also pay the sum provided for in the event of clause on exemption..

The employee shall receive the following allowances:

  • Compensation for paid vacation
  • Various amounts, if any, due in case of breach of contract (salary savings, premiums...)