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French labour law: Employees, executives, senior executives: How much to negotiate its Conventional Termination (RUPTURE CONVENTIONELLE) after Macron job Reform?

French labour law: Employees, executives, senior executives: How much to negotiate its Conventional Termination (RUPTURE CONVENTIONELLE) after Macron job Reform?

How much can I negotiate in supra legal?

To negotiate at best, it is necessary to "benchmark" according to the amount that you could obtain in the event of abusive / without real and serious cause dismissal before a Labour Court or a Court of Appeal.

Thus, the conventional termination indemnity to be negotiated may amount to the sum of the following amounts:

  • Compensation in lieu of notice: the duration of your notice period is provided for in the collective agreement applicable in your company (generally 1 to 3 months depending on whether you are an employee or an executive) or, failing that, by article L. 1234- 1 of the French Labour code (1 to 2 months depending on your seniority);
  • Subsequent paid leaves, equal to 10% of the gross amount of your compensation in lieu of notice;
  • The conventional dismissal indemnity or, failing that, the legal conventional indemnity;
  • A "supra-legal" indemnity calculated on the basis of the maximum indemnity provided for in the indemnity scale (see our previous brief: https://www.village-justice.com/articles/orders -macron-changing--for-employees-with-cap-on, 25765.html)

If you have less than 1 year of seniority: the equivalent of 1 month's salary;

• If you have 1 year of seniority: the equivalent of 2 months’ salary;

• If you have 2 years of seniority: the equivalent of 3.5 months’ salary;

• If you have 3 years of seniority: the equivalent of 4 months’ salary;

• If you have 4 years of seniority: the equivalent of 5 months’ salary;

• If you have 5 years of seniority: the equivalent of 6 months’ salary;

• If you have 6 years of seniority: the equivalent of 7 months’ salary;

• If you have 7 to 8 years of seniority: the equivalent of 8 months’ salary;

• If you have 9 years of seniority: the equivalent of 9 months’ salary;

• If you have 10 years of seniority: the equivalent of 10 months’ salary;

• If you have 11 years of seniority: the equivalent of 10.5 months’ salary;

• If you have 12 years of seniority: the equivalent of 11 months’ salary;

• If you have 13 years of seniority: the equivalent of 11.5 months’ salary;

• If you have 14 years of seniority: the equivalent of 12 months’ salary;

• If you have 15 years of seniority: the equivalent of 13 months’ salary;

• If you have 16 years of seniority: the equivalent of 13.5 months’ salary;

• If you have 17 years of seniority: the equivalent of 14 months’ salary;

• If you have 18 years of seniority: the equivalent of 14.5 months’ salary;

• If you have 19 years of seniority: the equivalent of 15 months’ salary;

• If you have 20 years of seniority: the equivalent of 15.5 months’ salary;

• If you have 21 years of seniority: the equivalent of 16 months’ salary;

• If you have 22 years of seniority: the equivalent of 16.5 months’ salary;

• If you have 23 years of seniority: the equivalent of 17 months’ salary;

• If you have 24 years of service: the equivalent of 17.5 months’ salary;

• If you have 25 years of service: the equivalent of 18 months’ salary;

• If you have 26 years of seniority: the equivalent of 18.5 months’ salary;

• If you have 27 years of seniority: the equivalent of 19 months’ salary;

• If you have 28 years of seniority: the equivalent of 19.5 months’ salary;

• If you have 29 years of seniority or more: the equivalent of 20 months’ salary.

  • What if you are being harassed?

The existence of a situation of moral harassment (harcèlement moral) makes it possible to remove the indemnities granted in case of unfair dismissal / without real and serious cause before the Labour Court.

In such a case, the employee is entitled to claim compensation that cannot be less than 6 months' salary, regardless of his seniority and the size of the company (C. Art. 1235-3-1)

Thus, this may be a good argument for increasing the amount of the supra legal indemnity in the context of negotiating a conventional termination.

However, you must be careful because this strategy can also be the cause of a blocking of the negotiation.

Indeed, an employer can quickly become suspicious when the employee refers to the term harassment during the bargaining process because, in such a case, the conventional termination agreement is void. (See in particular Cass Soc., June 09, 2015: No. 14-101.92)

In practice, the conventional break is often accompanied by the signing of a transaction that ensures the employer against any risk of litigation that may arise.

Click on the link below to read all the paper

https://blogavocat.fr/space/frederic.chhum/content/french-labour-law-employees-executives-senior-executives-how-negotiate-conventional-termination-rupture-conventionelle-after-macron-job-reform_

 

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

http://twitter.com/#!/fchhum

 

 

Publié le 09/03/2018

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