The size of this amount in both contracts is such that in the case of high booking fees (z.B. 20%) it could be considered that the effective agreement is not a promise of sale; the beneficiary`s obligation to purchase is implicit. It is entirely possible to initiate an exceptional termination procedure after the signing of the termination contract if the conditions are met (Arrét 13/02186 renders by the Paris Court of Appeal on 24 June 2016). However, if the DIRECCTE were to first reject the proceedings and later revoke this decision because of the absence of additional information provided by the employer, the initial termination contract will be considered to be granted (Stop of the Social Chamber of the Court of Cassation No. 15-24220 of 12 May 2017). After the signing of the termination contract (or the standardised termination form), it is followed by a two-week civil withdrawal period, followed by an additional two weeks (this time on weekdays) for the authorization of the French labour inspector DIRECCTE. In this context, one of the parties must first send the termination contract (or standard termination form) to the competent supervisory authority of DIRECCTE after the expiry of the two-week civil withdrawal period. If the procedure has not been complied with or if the amount of the settlement is less than the legal right of settlement, the French supervisory authority, DIRECCTE, will not approve the termination procedure. However, the authorization is implied if the supervisory authority does not expressly refuse the authorization within the allotted time.
Opportunity to take legal action after signing the termination and transaction contract Requirements for a termination and transaction contract Before the termination contract is signed, the parties must comply at least once and agree on terms, including the end of the employment relationship and the amount of billing. A termination contract without a pre-meeting is null and void (Stop 15-21609 issued by the Social Chamber of the Court of Cassation on 1 December 2016). Under certain conditions, an agreement can be reached between the parties after the signing of a denunciation (Court of Cass. ploughshare. March 26, 2014). An occupational accident/occupational illness also does not prevent the signing of a redundancy contract (Court of Cass Soc. 30 September 2014). The same applies to the signing during the maternity leave (Court of Cass soc. 25 March 2015) and after the start of the termination procedure (Court of Cass. ploughshare. March 3, 2015). A redundancy contract is conditional on the existence of an indeterminate employment contract (CDI).
After the signing of the redundancy contract (or standard redundancy form) and the termination of the employment relationship, the worker is entitled to payment of compensation which must not be less than the legal minimum for severance pay.