Steps to Negotiate your Departure

The law allows the employee to leave his company by mutual agreement with his employer: it is the contract terminition.

Resultado de imagem para Contract termination

Here are the steps to follow in order to convince your employer to adhere to the contract terminition.

Make up your file as soon as possible


In most cases, it is a disagreement with his hierarchy that pushes employees to turn to contract terminition.

Good to know: this procedure can be initiated by both the employee and the employer.
It only concerns employees benefiting from a permanent contract, regardless of their seniority:

* As a preliminary, you must list the reasons why you want to leave the company.

* Then you have to put yourself in your employer's place: what is his interest when you leave?

The advantage of the contract terminition on the employer side is at the legal level: unlike dismissal, the contract terminition can not be challenged.

Choose the right moment


Is this the right time to leave? And is it the right time to apply?

In this time of crisis, many employees play the card of caution. Yet, according to recruitment experts, opportunities are real and some skills are and will remain popular.

The right moment is when the convictions of the employee become stronger than the conjuncture!

Tip: Before taking the plunge, find out about your company's practices. Is contract terminition used or not used at all in your company? If so, have outgoing employees received benefits such as training?

Do not hesitate to contact the staff representatives who can provide you with valuable information.

Finally, it is very important when you leave a company to stay on good terms, because you never know what the future holds!

Make a skills assessment


The skills assessment will enable the employee to analyze his aptitudes, his personal and professional skills, his motivations as well as to organize his professional priorities.

You can request a skills assessment that can be financed by collecting body to which the employer pays the contribution intended to finance the individual training leave.

An employee who has at least 5 years of salaried activity, including 12 months in the company, may apply for a leave of absence of up to 24 hours to carry out a skills assessment.

Important: the company can not organize itself the skills assessment for its employees. This must remain a service provided by specialists outside the company.

Speak to the right interlocutor


Meet with your manager and express your dissatisfaction and maybe even your frustration in your current position. No need to formalize your request in writing or advance any reason.

* If he objects to you, do not let yourself be demoralized, but simply change the interlocutor: for example, contact a human resources manager.

* If your interlocutor does not object, several interviews to determine the date of your departure will take place. Then a rupture agreement is signed.

Tip: never consider contract terminition as a tussle, because you risk pointing your interlocutor. On the contrary, it is an agreement that must lead to a win/win result.

Above all, be persuasive! You must have your employer adhere to your original plan.

Since he has no obligation to accept this rupture or even to start negotiations, it is better to take the tweezers. If you seem too sure of yourself, he will not hesitate to remind you that if you really want to leave, it is up to you to resign (procedure which involves no compensation)!

Do not position yourself as a victim


On the contrary, you must be constructive and convincing to facilitate the transition. In this type of approach, the employee must be proactive: he must not hesitate to ask what he wants while arguing this request.

* It is rather rare that the ideal financial proposal falls from the sky... You must go and get it!

* If you are afraid of meeting with your employer, do not hesitate to be assisted by a staff representative.

Last but not least, reassure your employer of your discretion, as he may fear a "contagion effect" within his company. This point can even be contractualized.

Calculate your compensation


The employer must pay a compensatory indemnity for paid leave and a non-taxable termination indemnity equivalent to the statutory severance pay. Generally Its amount can not be less than 1/4 of salary per year of seniority for years up to 10 years and 1/3 of salary per year of seniority for years from 10 years.

In addition, the contract terminition has the advantage of being entitled to unemployment benefits.

To obtain more, one must be in a position of strength, which is not the case of an employee wishing to leave a company without having anything to reproach his employer. 

But some elements allow to obtain a higher indemnity:

* difficulties finding an equivalent job because of his age;

* or economic problems in the industry.

Good to know: Executives over the age of 55 can obtain, in the name of the loss caused by their departure, an indemnity offsetting the lifetime reduction of their retirement pension.

Finally, the employee can always decline the proposal of his company without being sanctioned.

However, the boss who agrees to sign the contract terminition to "settle" his employee without paying him compensation is illegal.

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