In my recent conversations around the rising number of job exits in France, the phrase “conventional termination” came up often. One HR director casually mentioned it as “the most amicable way to fire someone,” a provocative take that stuck with me. Curious and slightly skeptical, I started pulling at the thread.
What is a conventional termination in France?
Officially termed rupture conventionnelle, this mechanism allows a mutually agreed end to a permanent work contract (CDI). Unlike a resignation or a dismissal, neither party imposes the end of the relationship. Instead, it’s a co-signed decision framed within specific legal limitations, set by Articles L1237-11 to L1237-16 of the French Labor Code.
This process doesn’t apply to fixed-term contracts (CDD), interns, or interim workers. It also excludes dismissals linked to disciplinary actions or redundancy plans.
How the process is triggered
The procedure is surprisingly flexible in its initiation. Either the employer or employee can propose the termination, orally or in writing. There’s no prescribed format — no official notice letter, no HR formality to start with. It begins with a conversation.
Step-by-step breakdown
- Meetings: At least one negotiation meeting must be held. Both parties can bring an advisor or union representative.
- Written agreement: If they agree, they must complete the official form (Cerfa n°14598*01 or via TéléRC digital platform).
- Cooling-off period: After signature, there’s a 15-day cooling-off phase during which either party can withdraw, for any reason.
- Formal approval: The contract is then submitted to the DREETS (Regional Directorate for the Economy, Employment, Labor, and Solidarity) for homologation. No response within 15 business days means automatic approval.
“When my manager suggested a conventional termination, I was hesitant,” said Céline Durand, a logistics coordinator. “But once I understood I’d leave with compensation and unemployment rights, I saw it as a fair exit, not a defeat.”
How compensation is calculated
This is a core concern for any departing employee. The law requires a minimum indemnity, at least equal to what the employee would’ve received in a dismissal. The calculation is one-quarter of a month’s salary for each year of service, rising to a third after 10 years.
| Years of service | Minimum legal compensation |
|---|---|
| 1–10 years | ¼ month per year |
| 10+ years | ⅓ month per year beyond 10 |
Additional amounts — such as unused paid leave — are added. The final figure can be negotiated upward, particularly if the employer seeks a quick, smooth departure.
Employees also maintain eligibility for unemployment benefits, a crucial difference from resignations (Service Public).
When it doesn’t work out
About 500,000 conventional terminations are signed each year according to French Business Advice. Still, not all are smooth. If either side feels pressured, the agreement can be disputed in labor court. Likewise, the DREETS may reject it if technical flaws or inadequate compensation are found.
Why employers favor this route
From an employer’s lens, conventional terminations avoid the risks of firing — including legal challenges, long procedures, and reputational costs. There’s clear documentation, a compliance path, and reduced risk of retaliation.
Plus, the employer doesn’t need to prove fault or economic reasoning. It’s a voluntary divorce, not a courtroom battle.
Employee safeguards
The employee is not powerless here. The process is designed to ensure voluntary agreement, and courts take coercion seriously. During preliminary meetings, workers can bring a union rep, and they have two full weeks to change their mind.
Legal support is available, and platforms like Boundless explain employer obligations line by line.
Frequently asked questions
What are the main differences between a conventional termination and a dismissal?
A dismissal is unilaterally decided by the employer and usually needs justification (economic or personal reason), while a conventional termination is a mutual agreement. In the latter, the process is faster and includes guaranteed access to benefits.
How can an employee negotiate the compensation amount in a conventional termination?
They can reference their tenure and potential costs of dismissal for the employer. Presenting internal benchmarks or hiring legal counsel during negotiations can add leverage. The law only provides a minimum — many go above that to close quickly.
What happens if the employee and employer cannot agree on the terms of the conventional termination?
Then the process ends. No one can be forced into signing. If neither dismissal nor resignation follows, the employment contract continues as usual.
Are there any specific legal protections for employees during a conventional termination?
Yes, including the right to a withdrawal period and judicial oversight for unfair pressure. The process is also invalid if the employee’s consent wasn’t freely given — which courts scrutinize specifically.
How does the conventional termination process differ for employees in temporary or fixed-term contracts?
It doesn’t apply. For those roles, employers must wait for the agreed term to end or justify early dismissal. Only permanent (CDI) contracts are eligible for this type of mutually agreed exit.
The balance this system attempts to create — between financial support, legal formality, and personal negotiation — is unique in Europe. While far from a perfect tool, it’s increasingly the go-to option for companies and employees seeking predictability over confrontation.
