Par frederic.chhum le 19/10/16

CHHUM AVOCATS Paris, is a law firm specialized in labor law and criminal labor law.

1) CHHUM AVOCATS in Paris

CHHUM AVOCATS pleads before the courts of Appeal, before the Conseil de prud'hommes (Paris, Melun, Meaux, Fontainebleau, Auxerre, Sens, Créteil, Bobigny, Evry) and in all cities of France (Lyon, Marseille, Lille, etc.).

CHHUM AVOCATS pleads before the social security Tribunal (TASS), the Tribunal de Grande Instance and the criminal Tribunal (Tribunal correctionnel).

2) CHHUM AVOCATS in Nantes

The Nantes office is headed by Maître Camille COLOMBO, avocate at the Nantes bard.

The office is situated 41, quai de la Fosse in Nantes (en face du Palais de justice).

CHHUM AVOCATS works for employees, executives, intermittent workers, journalists, senior executives (“cadres Dirigeants”).

The Nantes office is competent for any files regarding the Court of Appel and in particular:

  • Saint-Brieuc Conseil de prud’hommes ;
  • Dinan Conseil de prud’hommes ;
  • Morlaix  Conseil de prud’hommes ;
  • Brest Conseil de prud’hommes ;
  • Quimper  Conseil de prud’hommes ;
  • Rennes Conseil de prud’hommes et Rennes Court of Appeal ;
  • Saint Malo Conseil de prud’hommes ;
  • Nantes Conseil de prud’hommes ;
  • Saint-Nazaire Conseil de prud’hommes ;
  • Lorient Conseil de prud’hommes ;
  • Conseil de prud’hommes de Vannes.

We plead before all Tribunals (Conseil de prud’hommes, Cour d’appel, Tribunal correctionnel, TGI) in France (Paris, Lyon, Marseille).

Do not hesitate to contact us.

Frédéric CHHUM, Avocats à la Cour (Paris et Nantes)

. Paris : 4 rue Bayard 75008 Paris - Tel: 01 42 56 03 00 ou 01 42 89 24 48
. Nantes : 41, Quai de la Fosse 44000 Nantes -  Tel: 02 28 44 26 44

e-mail : chhum@chhum-avocats.com

Blog : www.chhum-avocats.fr

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Par frederic.chhum le 06/01/14

The "rupture conventionnelle" was originally intended to be marginal. But nobody anticipated such a success: it became one of Nicolas Sarkozy's quiquennium's flagship projects (more than 1,2 million of mutually agreed terminations have been signed since 2008).

1) Definition and Interest of concluding a mutual agreed termination (rupture conventionnelle)

The mutually agreed termination (rupture conventionnelle) allows the employer and the employee to terminate the employment contract by a mutual agreement.

Each party has its advantage. For example, the employer is exempt from the labor law requirements (deadlines, procedures, notice ...) inherent to dismissal and the employee sees benefits compared to the resignation procedure. He/she will receive an indemnity when he/she will conclude a mutual agreed termination and especially will be eligible for French unemployment benefit (allocations chômage).

However, this measure has been largely misused. Actually, companies often convene employees and tell them: "You can choose between mutually agreed termination (rupture conventionnelle) and a dismissal!”

So, how much to negotiate its mutually agreed termination (rupture conventionnelle)?

2) How much my company has to pay me if I conclude a mutually agreed termination?

Your employer has to pay you at least a specific allowance (indemnité spécifique de rupture), and the amount can't be less than the dismissal indemnity applicable in the company's collective bargaining agreement, or failing that, to the dismissal indemnity according to the French labor code (Article R.1234-2 of the French labor code).

However, this amount is a minimum, and it is negotiable.

3) How much to negotiate its mutual agreed termination?

To negotiate at best, you need to assess the indemnity you could get before the labor law tribunal in case of unfair dismissal.

Thus, the mutually agreed termination's indemnity to negotiate shall be the sum of the following four amounts:

3.1) The amount of compensation in lieu of notice: the duration of your notice period is provided by the collective agreement applicable in your company (1 to 3 months depending on whether you are an employee or a managerial employee (cadre));

3.2) The amount of the holiday pay on notice, equal to 10% of the gross amount of your compensation payment notice;

3.3) The amount of the contractual dismissal indemnity (under the collective agreement applicable in your company) or, alternatively, the statutory dismissal indemnity (Article R.1234-2 of the French labor law);

4) "Supra-legal" compensation:

* If you have more than 2 years of service within your company and working in a company employing more than 10 employees:

o If you have between 2 and 5 years of service within your company: the supra legal compensation should be equivalent to six months' salary;

o If you are between 5 and 10 years of service within your company: the supra legal compensation should be equivalent to 12 months' salary;

o If you are between 10 and 20 years of service within your company : the supra legal compensation should be equivalent to 15 months' salary;

o If you are over 20 years of service: the equivalent of 20 months' salary;

* If you have less than 2 years of service and working in a company with fewer than 11 employees: between 1 and 6 months of salary.

You must also obtain the balance of the unused holiday paid remaining.

The salary to be taken into account for the calculation of the above amounts, according to the most advantageous formula for you:

o Either one-twelfth of your annual gross salary of the twelve months preceeding the dismissal;

o Or the average of the latest three months.

5) Net or gross amount of the indemnity?

Finally, it should be noted that the negotiation must be done on a net amount (not gross) the indemnity paid under a mutually agreed termination is subject to CSG / CRDS.

Of course, in all cases, it is recommended for employees to be assisted by a lawyer/avocat.

Frédéric CHHUM Avocat à la Cour 4, rue Bayard 75008 Paris

Tél : 01.42.89.24.48 Ligne directe: 01.42.56.03.00

e-mail : chhum@chhum-avocats.com

blog: http://avocats.fr/space/avocat-chhum

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