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Legal termination of employment contract

Verified 03 February 2020 - Directorate for Legal and Administrative Information (Prime Minister)

An employee who accuses his employer of serious breaches of his contractual obligations may ask the Conseil des Prud'Homme (CPH) to terminate his employment contract. In the event of termination, the termination shall be considered as a termination without real and serious cause (or no cause if the employee was a staff representative). If the judicial termination is not pronounced, the employee continues to work under the usual conditions.

The judicial termination of the employment contract makes it possible to break the employment contract on the employee's initiative.

If the employer seriously fails to fulfill its contractual obligations, the employee may refer the matter to the prud'homme council (CPH)..

Serious breach of contractual obligations is retained by the judge in certain cases, in particular:

  • Discredit against an employee, affecting him personally and damaging his image, function and authority
  • Removal of a professional vehicle which makes it impossible for the employee to work
  • Degrading remarks made against an employee and affecting his or her dignity
  • Discrimination

Please note

the employer is not authorized to apply for judicial termination, except in the context of learning contract if the apprentice has committed serious misconduct during the first 45 days of the contract.

The application for judicial termination may be requested by

  • an employee in CDI: titleContent
  • or an employee CDD: titleContent only in the event of serious misconduct by the employer or force majeure..

To request the judicial termination of the employment contract, the employee must refer the matter to the prud'homme council..

Throughout the legal proceedings, the employee continues to work under normal conditions.

However, the contract may be terminated (resignation, dismissal, conventional break, action) during the prud'homale procedure.

Judicial termination

General case

Termination of employment shall take effect from the following cases:

  • On the date of judgment
  • Or, if the employee was dismissed during the proceedings, on the date on which the employment contract was terminated

The employer must pay the employee the following allowances:

The employer must also give the employee the termination documents to which he is entitled.

Protected employee

Termination of employment shall take effect:

  • On the date of judgment
  • Or, if the employee was dismissed during the proceedings, on the date on which the employment contract was terminated

It produces the effects of a zero termination in the case of an employee protected..

The employer must pay the employee the following allowances:

The employer must also give the employee the termination documents to which he is entitled.

Judicial termination rejected

The contract of employment continues normally. No compensation is due to the employee.

If the employer has dismissed the employee during the proceedings, the judge shall decide on the validity of the dismissal after having rejected the employee's request for termination.