Acknowledgement of the termination of an employee's employment contract
Verified 22 November 2021 - Directorate for Legal and Administrative Information (Prime Minister)
The taking of evidence of the termination of the contract of employment constitutes a means of termination of the contract taken by a court decision. The employee applies to the judge for a ruling on the allegations made against his employer (sufficiently serious breaches 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. If not, it produces the effects of a resignation.
The termination of the employment contract by the employee on account of facts which he alleges against his employer is an acknowledgement of the termination of the contract.
This break mode causes:
- Let's say one wrongful dismissal
- Or, in the opposite case, resignation.
The effects of taking an act have consequences on the right to Return to Employment Assistance (RWA)and termination and performance of the contract notice.
The taking of an act may be considered when the employee complains to the employer of shortcomings which are sufficiently serious to prevent the continuation of the employment contract.
Determination is possible if:
- Discrimination or bullying employer
- Non-payment of all or part of the salary
- Amendment of contract without the employee's consent
- No organization of medical examinations compulsory (unless the absence of a medical examination is due to simple negligence on the part of the employer)
All employees in DTA: titleContent or CSD: titleContent may take note of the termination of the contract of employment.
The recording is possible at any time.
However, the taking of an act of rupture is not possible during the trial period.
No formalism is imposed on the employee.
However, the employee must notify the employer by written letter listing the accusations made against the employer and justifying the taking of the act.
A template is available:
Model letter of acknowledgement of termination of employment
The taking of formal notice shall entail the immediate termination of the contract of employment.
The employee is then not obliged to make a notice.
The employer must provide you with all of the following:
- Work Certificate
- Pôle emploi Attestation
- Balance of all accounts
- Participation schemes, profit-sharing schemes, wage savings plans within the company, summary statement of all sums and securities saved
The employee refers the matter to the Labor Council (CPH).
The CPH has 1 month to make a decision.
The consequences of acknowledging the breach of contract then vary according to the judge's decision.
Justified act taken
The situation varies depending on whether the employee is sheltered or not.
General case
If the taking of an act of termination is recognized, the CPH shall pronounce a wrongful dismissal.
In this case, the employer shall pay the employee the following allowances:
- Severance pay (legal or conventional)
- Compensatory allowances of paid leave and notice
- Allowance for wrongful dismissal
- Miscellaneous sums due in case of breach of contract (salary savings, bonuses...)
FYI
the employee is not entitled to unemployment benefits at the end of the employment contract (if he fulfills the conditions), but only after the decision of the CPH.
Protected employee
If the taking of an act of termination is recognized, the CPH shall pronounce a dismissal without pay.
In this case, the employer shall pay the employee the following allowances:
- Severance pay (legal or conventional)
- Compensatory allowances of paid leave and notice
- Allowance for dismissal without pay
- Miscellaneous sums due in case of breach of contract (salary savings, bonuses...)
FYI
the employee is not entitled to unemployment benefits at the end of the employment contract (if he fulfills the conditions), but only after the decision of the CPH.
Unjustified act
If the recording is not recognized, the CPH shall pronounce the resignation of the employee.
In this case, the employee shall pay the employer a compensatory period of notice.
The employee shall also pay the amount provided for in the event of deduction-from-training clause.
The employee shall receive the following allowances:
- Compensation for paid leave
- Miscellaneous sums due in case of breach of contract (salary savings, bonuses...)
Who can help me?
Find who can answer your questions in your region
- Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Labor Code: Article L1451-1Definition, time allowed to the labor board to decide