Selecting a language will automatically trigger the translation of the page content.

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).

Inclusion of seniority in the calculation of severance pay

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.