How does collective contractual termination work?
- How does collective contractual termination work?
- What is a conventional termination of a CDI?
- What are the stages of a contractual termination?
- What are the indemnities in the event of contractual termination?
- What are the advantages of a contractual termination?
- When Can we make a collective conventional break?
- What compensation for a voluntary departure plan?
- What do I need to know about a company’s CCR?
- What are the benefits of CCR?
- What are the criteria for obtaining an RCC?
- How to take stock of the implementation of the agreement on the RCC?
CCR is exclusive of termination or resignation and cannot be imposed by either party. It results from a agreement signed by the parties to the contract and thus makes it possible to terminate the employment contract of several employees, in an amicable and negotiated manner.
The mutual agreement allows the employer and the employee in CDI to agree by mutual agreement on the conditions of the rupture of the employment contract that binds them. The mutual agreement can be individual or collective. She is possible under conditions and compensation.
The 5 steps of the mutual agreement
- Arrange one or more interviews. The law imposes one or more meetings between the employee and the employer to negotiate the conditions of departure. …
- Sign the agreement. …
- Respect the withdrawal period. …
- Homologate the mutual agreement. …
- Terminate the employment contract.
An employee earns 2,000 euros per month and has six years of seniority. In this case, theindemnity of mutual agreement is calculated as follows: 2,000 x (1/5 x 6) = 2,400. indemnity is therefore – at least – 2,400 euros.
The mutual agreement is a mode of departure allowing you to have the insurance, in the event of homologation and respect of a minimum of contributions, to have for a certain time, right to the ASSEDICS. It’s a advantage not negligible, especially if you are leaving to start your own business.
The collective contractual termination may for example take place in certain cases of restructuring or negotiation, for which the company does not can not, or does not want to, go through a collective dismissal. All employees can be concerned.
The premium of voluntary departure is very often calculated on the basis of the gross salary of the employee and can vary according to his seniority. It is up to the employer to set the method of calculating the allowances after consultation with staff representatives.
To be applicable to a company, the RCC proposed by an employer must meet certain conditions defined by the Labor Code and undergo the approval of the unions. It is then that the employee could then apply, depending on the conditions that govern this agreement which,…
The CCR therefore has undeniable advantages for the employer. Not only is he exempt from the supporting documents that govern economic redundancies, but he also benefits from more flexibility in the management of departures, compared to the PSE (Job Safeguard Plan).
The request for RCC generally comes from the worker. In order for him to access the RCC, he must, among other conditions, have been made redundant. However, a worker can never force his employer to dismiss him. Do you need to dismiss an employee as an employer?
As for the assessment of the implementation of the agreement on the RCC, it must be communicated to the Direccte within one month after the end of the redeployment measures. The content of this report will be set in a future decree (Decree 20 December 2017).