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Precision on the new modalities of break of contract of employment

August 18th, 2008 by Corinne Legrand

The law of modernisation of the labour market of June 25th, 2008 changed rules relating to dismissal.
He is possible from now on for a wage earner and his employer to break, by common consent, a Permanent contract by concluding a convention of break.
A decree adds that this convention must be approved by the departmental manager of job, of job and of professional training of the place where is established the employer. An order introduces a model of form of request of approval of this break.
Moreover, the tenured wage earner of a contract of employment with indeterminate length, laid off while he counts one year of seniority, has the right, except in case of serious error, to an indemnification of dismissal. His sum cannot be less in 1/5 months of wage per year of seniority, to which are added 2/15 months per year beyond ten years of seniority. This sum minimum is applied from now on whatever is the motive of dismissal.
Other precision concerning the procedure of dismissal is also brought by these texts.

Source: decree n 2008-715 and order of July 18th, 2008, JO of July 19th, 2008, p 589 and 11 593

Posted in Job, Regulation
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