Conventional termination: the best way to fire someone in France

Conventional terminations in French companies

A Conventional termination (or “rupture conventionelle” in French) allows the employer and employee to negotiate an agreement when it comes to the conditions with which the employee will leave the company. How exactly does it work?

What are the conditions for it to be possible?

It is absolutely mandatory for both parties to agree to the agreement. Judges will thus be able to cancel it if they consider that both parties didn’t sign it willingly.

How do I do it?

The first thing to do is to have at least one interview with the employee. Then, you’ll have to write a conventional termination convention that determines the conditions in which the employee will leave the company. Of course, you’ll have to show it to the employee, and it is mandatory for both parties to sign this convention.

Then, both the employer and the employee have 15 days to go back on their decision to sign it. If neither of you does, all that’s left to do is to have the administration validate the convention.

How much is the employee compensated?

The employee that signs a conventional termination convention has to receive compensation in exchange for him leaving the company. It’s worth noting that this convention won’t be valid if this compensation is inferior to what he would normally receive for being fired normally.

If you do this, you’ll be able to end the employment contract without any conflict whatsoever!