How to calculate seniority for the severance pay?
Verified 13 October 2021 - Directorate for Legal and Administrative Information (Prime Minister)
The employee in DTA: titleContent who is dismissed is entitled to statutory severance pay if he or she 8 months seniority.
Entitlement to compensation is determined from the day the employer sends the registered letter of termination.
The duration of the notice (whether executed or not) shall be taken into account in the calculation of seniority.
Seniority is determined by taking into account work done with the same employer continuously (except treaty provisions more favorable to the employee).
Certain periods of suspension of contract are taken into account and others are excluded for the purpose of determining seniority.
Leave for family reasons
Seniority is taken into account in totality for the calculation of severance pay in the following situations:
Please note
seniority shall be taken into account for half for the purpose of calculating severance pay on a parental leave for full-time education.
Training leave
Seniority is taken into account in totality for the calculation of severance pay in the following situations:
Work stoppage for accident or occupational disease
Seniority is taken into account in totality for the calculation of severance pay in the following situations:
Other situations
Seniority is taken into account in totality for the calculation of severance pay in the following situations:
- Annual Paid Leave
- International Solidarity Leave
- Representation leave
- Leave of employees seeking or elected to a parliamentary or local office
- Part time for company creation or resumption
- Career Transition Project
- Operational reserve
Seniority shall not be taken into account for the calculation of severance pay in the following situations:
Situation | Is seniority taken into account? |
|---|---|
One or more CSD: titleContent are immediately followed by a DTA: titleContent | Yes: seniority starts at 1er CSD |
Discontinuous 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 apprenticeship contract | Yes: in full |
Internship end of study | Yes: in full if it is more than 2 months and followed by a hiring at the end of the internship |
In the event of acceptance of the business security contract (CSP) in the context of an economic redundancy | Yes: this is the seniority that the employee would have had if he had made his notice (even if the contract is broken at the end of the 21-day period) |
In the event of non-professional incapacity | Yes: the notice must be included in the employee's seniority, even if it is not performed and the employment contract is terminated immediately |
In the event of incapacity for work | No: the compensatory period of notice is not included in seniority |
Priority rehiring less than a year after resignation to raise a child | Yes: in full |
Change of employer following an estate, sale, merger, transformation of the fund. | Yes: in full |
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- Telephone administrative information - Allo Public Service
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- Labor Code: Articles L1234-9 to L1234-11Severance pay
- Labor Code: Article L1251-38Temporary employment contract
- Labor Code: Articles L6222-15 to L6222-17Apprenticeship contract
- Labor Code: Articles L1243-5 to L1243-12Term of the CSD and post-maturity continuation (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 childcare leave
- Labor Code: Articles L1226-7 to L1226-9-1Accident at work occupational disease and
- Labor Code: Articles L1225-47 to L1225-59Parental education leave (Article L1225-54)
- Labor Code: Articles L1225-62 to L1225-65Parental leave
- Labor Code: Articles L6323-16 to L6323-17-6Vocational 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 L1221-26Internship (Article L1221-24)
- Labor Code: Articles L3142-6 to L3142-13Family solidarity leave (Article L3142-12)
- Labor Code: Articles L2145-1 to L2145-13Economic, social, environmental and trade union training leave (L2145-10)
- Labor Code: Articles L3142-54 to L3142-59Training leave for youth leaders and youth workers (Article L3142-55)
- Labor Code: Articles L5122-1 to L5122-5Partial activity (short-time work)
- Labor Code: Articles L3142-28 to L3142-31Sabbatical
- Labor Code: Articles L3142-16 to L3142-25-1Caregiver Leave (Article L3142-21)
- Labor Code: Articles L3142-36 to L3142-39Mutual training leave
- Labor Code: Articles L3142-60 to L3142-64Representation leave
- Labor Code: Articles L3142-79 to L3142-88Leave of employees seeking or elected to a parliamentary or local office (Article L3142-82)
- Labor Code: Articles L3142-89 to L3142-94-1Operational reserve
- Labor Code: Articles L1233-65 to L1233-70Enterprise Security Agreement (L1233-67)
- Labor Code: Articles L1226-2 to L1226-4-3Unfitness of non-occupational origin
- Labor Code: Articles L1224-1 to L1224-4Transfer of employment contract
- Labor Code: Articles L1225-37 to L1225-46-1Adoption leave
- Dismissal allowance for employees on a permanent contractService-Public.fr