Acknowledgement of the termination of an employee's employment contract
Verified 21 November 2023 - Legal and Administrative Information Directorate (Prime Minister)
Where the employee considers that the conduct of his employer makes it impossible to continue their contractual relationship, he may take note of the termination of his employment contract.
What is an acknowledgement of the termination of the employment contract? In what situations can an act be taken? How does the employee inform his employer? Is the employee compensated by Pôle emploi?
We are taking stock of the regulations.
Acknowledgement is a way of breaking the contract of employment of the employee by DTA: titleContent.
It is the employee's decision to terminate his employment contract when he considers that the employer's behavior makes it impossible to continue their contractual relationship.
The employment contract is broken immediately.
An acknowledgement may be made where the employee observes serious deficiencies on the part of his employer, in particular in the following cases:
The employee must inform his employer of his decision to terminate the employment contract and indicate to him the alleged facts.
The contract is terminated on the day the employee ceases to work.
No formalism is imposed on the employee.
An email template is available:
When acknowledgement is given, the CPH shall pronounce a dismissal.
In this case, the employer shall pay the employee the following allowances:
Where the facts alleged against the employer are not sufficiently serious, the CPH shall order the resignation of the employee.
If the employer claims payment from the CPH, the employee will have to pay a compensatory period of notice for the notice not given.
The employee shall receive the following allowances:
- Compensation for paid leave
- Miscellaneous sums due in case of breach of contract (salary savings, bonuses...)
The possibility for the employee to receive unemployment benefits varies according to the decision of the labor council.
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The taking of evidence is reclassified as dismissal
The employee (if he fulfills the conditions) is entitled to unemployment benefits (ARE) upon termination of the employment contract.
He will receive these allowances after the CPH decision.
Recording shall be reclassified as resignation
The employee does not receive compensation.
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- Labor Code: Article L1451-1Definition, time allowed to the labor board to decide