How do I calculate the length of service for the termination benefit?
Verified 15 April 2020 - Directorate for Legal and Administrative Information (Prime Minister)
The employee in CDI: titleContent who is dismissed shall be entitled to a statutory redundancy if he has at least 8 months of seniority. But, beware, he is not entitled if he has committed a serious or heavy fault.
The entitlement to the allowance is determined from the day the employer sends the recommended termination letter.
The duration of notice (whether executed or not) shall be taken into account in calculating seniority.
The length of service shall be determined taking into account work performed with the same employer on an uninterrupted basis (except treaty provisions more favorable to the employee).
Situation | Is the period taken into account? |
|---|---|
One or more CSDs are immediately followed by an indefinite contract | Yes: seniority starts on 1to CDD |
Discontinued contracts | Yes: seniority is taken into account from the date of entry of the last contract |
Hiring after a temporary employment contract | Yes: maximum 3 months |
Hiring after a learning contract | Yes: in full |
End of Study Stage | Yes: in full if he is more than 2 months and followed by a hiring at the end of the internship |
In case of acceptance of the professional security contract (CSP) in the context of an economic redundancy | Yes: this is the length of service the employee would have had had if he had given notice (even if the contract is terminated at the end of the 21-day period) |
In case of unprofessional incompetence | Yes: the notice must be included in the employee's seniority, even if he is not executed and the employment contract is broken immediately |
In case of professional incompetence | No: compensatory indemnity for notice not included in seniority |
Full-time Parental Education Leave | Yes: half of the leave |
Part-time parental leave | Yes: in full |
Priority re-employment less than a year after resignation to raise a child | Yes: in full |
Maternity leave | Yes: in full |
Accident at work | Yes: in full |
Occupational disease | Yes: in full |
Parental presence leave | Yes: in full |
Professional Transition Project | Yes: in full |
International Solidarity Leave | Yes: in full |
Annual paid leave | Yes: in full |
Family solidarity leave | Yes: in full |
Economic, social and trade union training leave | Yes: in full |
Training leave for youth leaders and youth leaders | Yes: in full |
Caregiver Leave | Yes: in full |
Mutual Training Leave | Yes: in full |
Presentation leave | Yes: in full |
Leave for employees who are candidates or elected to a parliamentary or local office | Yes: in full |
Operational reserve | Yes: in full |
Paternity leave | No |
Non-occupational disease | No |
Trip accident | No |
Layoff | No |
Partial Activity | No |
Sabbatical leave | No |
Strike | No |
Business Creation Leave | No |
Leave without pay | No |
Please note
if you have changed employer as a result of an estate, sale, merger, transformation of the fund, in particular, you retain your seniority.
- Labor Code: Articles L1234-9 to L1234-11Termination allowance
- Labor Code: Article L1251-38Temporary employment contract
- Labor Code: Articles L6222-15 to L6222-17Learning contract
- Labor Code: Articles L1243-5 to L1243-12DDC term maturity and post-maturity prosecution (Article L1243-11)
- Labor Code: Articles L1225-66 to L1225-68Resignation to raise a child
- Labor Code: Articles L1225-16 to L1225-28Maternity leave (Article L1225-24)
- Labor Code: Articles L1225-35 and L1225-36Paternity and child-care leave
- Labor Code: Articles L1226-7 to L1226-9-1Occupational injury and illness
- Labor Code: Articles L1225-47 to L1225-59Parental Education Leave (Article L1225-54)
- Labor Code: Articles L1225-62 to L1225-65Parental presence leave
- Labor Code: Articles L6323-16 to L6323-17-6Professional Transition FPC (Article L6323-17-4)
- Labor Code: Articles L3142-67 to L3142-72International Solidarity Leave (Article L3142-68)
- Labor Code: Articles L1221-19 to L1221-26Work placement (article L1221-24)
- Labor Code: Articles L3142-6 to L3142-13Family Solidarity Leave (Article L3142-12)
- Labor Code: Articles L2145-5 to L2145-13Economic, Social and Trade Union Training Leave (L2145-10)
- Labor Code: Articles L3142-54 to L3142-57Youth Executive and Facilitator Training Leave (Article L3142-55)
- Labor Code: Articles L5122-1 to L5122-5Partial activity (partial unemployment)
- Labor Code: Articles L3142-28 to L3142-31Sabbatical leave
- Labor Code: Articles L3142-16 to L3142-25-1Caregiver Leave (Article L3142-21)
- Labor Code: Articles L3142-60 to L3142-64Representation Leave
- Labor Code: Articles L3142-79 to L3142-88Leave for employees who are candidates or elected to a parliamentary or local office (Article L3142-82)
- Labor Code: Articles L3142-89 to L3142-94Operational reserve
- Labor Code: Articles L1233-65 to L1233-70Professional Security Agreement (L1233-67)
- Labor Code: Articles L1226-2 to L1226-4-3Non-professional disability
- Labor Code: Articles L1224-1 to L1224-4Transfer of employment contract
- Decree n°2017-1398 of 25 September 2017 to upgrade the legal redundancy allowance
- Termination allowance for permanent employeesService-Public.fr