The Macron ordinances of 22 September 2017 and the decree of 25 September 2017 (No. 2017-1398) on the revalorization of the dismissal indemnity have changed the situation regarding the conventional termination indemnity.

Since its creation in 2008, the conventional termination (rupture conventionnelle) has been phenomenally successful.

In 2017, nearly 421,000 conventional terminations were approved.

In practice, the conventional termination has become so widespread that, from now on, employers are almost systematically attempting to negotiate a conventional termination before triggering a dismissal procedure.

However, in this negotiation, employer and employees are not on an equal footing.

It is indeed difficult for an employee to know what he is entitled to and how far he can go in the negotiation of his conventional termination. Especially since in practice, in 50% of cases, the conventional termination is actually a disguised dismissal.

Employees must therefore know how to negotiate their departure.

Of course, in all cases, it is strongly recommended to be assisted by a lawyer to guarantee the preservation of your rights.

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https://blogavocat.fr/space/frederic.chhum/content/french-labour-law-employees-executives-senior-executives-how-much-negotiate-its-%E2%80%9C-rupture-conventionnelle-%E2%80%9D-after-macron-job-reform_

Frédéric CHHUM, Avocats à la Cour (Paris et Nantes)

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