Can I get a mutual-agreement termination?
Yes, but only by mutual agreement. The mutual-agreement termination lets an employee and employer end a permanent contract (CDI) by mutual consent, outside a dismissal or resignation. It can't be imposed by either side: a mutual agreement is needed. The procedure goes through one or more interviews, signing an agreement (setting the end date and the payment), a 15-calendar-day withdrawal period, then approval by the administration (DREETS). Advantages for the employee: a specific payment at least equal to the legal dismissal indemnity, and access to unemployment rights.
📋 The rules
- Covers only the permanent contract (CDI)
- Termination by mutual consent (can't be imposed)
- One or more interviews + signed agreement
- Withdrawal period of 15 calendar days
- Approval by the DREETS + unemployment rights
🔓 Exceptions
- Payment at least equal to the legal dismissal indemnity
- Fixed-term/temp contracts: no mutual-agreement termination (early end by consent possible)
- Protected employee: labour-inspectorate authorisation required
⚠️ Penalties & fines
The mutual-agreement termination protects both parties if the procedure is respected. An agreement signed without free consent (pressure, vitiated consent) can be annulled by the judge, sometimes reclassifying it as dismissal without cause (indemnities owed by the employer). If the employer refuses, there's no way to compel them. Conversely, the employee can't be forced to sign.
📎 Official sources
- Service-Public.fr · Mutual-agreement termination →
- Ministry of Labour · The mutual-agreement termination →
- Légifrance · Labour Code (mutual termination, art. L1237-11) →
❓ Frequently asked
What's a mutual-agreement termination?
It's a termination of the permanent contract decided by mutual agreement between employee and employer. It's neither dismissal nor resignation, opens a specific payment and unemployment rights, and needs administrative approval.
Can a mutual termination be imposed?
No. It requires both parties' agreement. Neither the employee nor the employer can impose it. If the employer refuses, the employee can't compel them; they're left with resignation, which doesn't open the same rights.
What's the withdrawal period?
15 calendar days after signing the agreement. During this period, each party can change their mind, with no justification. Only after this period is the agreement sent for approval.
What payment do you get?
A specific mutual-termination payment, at least equal to the legal dismissal indemnity (often more if the collective agreement provides or after negotiation). It's tax-exempt within certain limits.
Does it open unemployment rights?
Yes. Unlike a standard resignation, an approved mutual-agreement termination opens unemployment rights, subject to meeting the usual affiliation conditions with France Travail.
🔎 Common searches
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