1) From April 27, 2020: return to normal for the approval of conventional breakages by the DIRECCTE!
Decree No. 2020-471 of April 24, 2020 https://www.legifrance.gouv.fr/eli/decret/2020/4/24/MTRZ2010186D/jo/texte derogating from the principle of suspension of deadlines during the period of state of health emergency linked to the epidemic of covid-19 provides that the period of homologation of conventional ruptures by the DIRECCTE which was suspended due to the COVID pandemic- 19 resumes its course from the day after the day of publication of the decree.
This derogation is based on a reason for securing employment relationships (see Decree n° 2020-471 of April 24th, 2020).
The deadline for DIRECCTE to approve or refuse to approve a rupture agreement:
if it had been suspended since March 12th, 2020: resumes its course on April 27th, 2020 (April 26th falls on a Sunday, non-working day), for the time remaining to March 12th, 2020;
if he had to start running during the legally protected period (March 12th, 2020 - June 24th, 2020): begins, as the case may be:
• either on April 27th, 2020, for requests received between March 12th and Friday, April 24th, 2020 and will end on May 15th at midnight, given that two legal holidays (May 1st and 8th, 2020) and three Sundays are included in the deadline;
• either upon receipt of the request (the next day) for requests for contractual breakages which will arrive after April 25th, 2020, in accordance with the provisions of article L.1237-14 (see Normandy Direct Communiqué of April 27, 2020 http://normandie.direccte.gouv.fr/Coronavirus-COVID-19-Homologation-des-ruptures-conventionnelles)
The silence kept by the administration during the investigation period, calculated as indicated above, constitutes tacit approval of the termination agreement.
For faster handling of the request by the administration, it is recommended that you enter the approval request online and send it directly to Direccte via the teleservice www.teleRC.travail.gouv.fr
To read all the Article, please click on the link below
. Homologation des ruptures conventionnelles – Communiqué DIRRECTE de Normandie du 27 avril 2020
. Service de saisie d’une demande d’homologation d’une rupture conventionnelle
. Ordinance N° 2020-427 of April 15th, 2020
. Ordinance N° 2020-306 of March 25th, 2020
. Decree N° 2020-471 of 24 April 2020 derogating from the principle of suspension of time limits during the period of health emergency linked to the epidemic of covid-19 in the field of work and employment
Frédéric CHHUM avocat et membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
CHHUM AVOCATS (Paris, Nantes, Lille)
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