Finally, it should be noted that the negotiation must be for a net amount (non-gross), the compensation paid as part of a mutually agreed termination is subject to the CSG/CRDS. The French authorities have submitted online a termination contract in the form of a standardised termination form (cerfa_14598), which must be submitted without notice to the FRENCH labour inspectorate DIRECCTE after signing. In the meantime, this form can also be submitted via the Internet (TeleRC). In this way, the Supreme Court of France recognizes in this decision the ability of workers to give easy consent, without taking into account the professional circumstances associated with the conclusion of the agreement, and in particular the fact that the occupational doctor (occupational doctor) had explained his capacity shortly before the signing of the agreement (which the employer invoked). It should be noted that an amicable termination (break agreement) is different from a compromise agreement (in French operation). Many people tend to confuse the two agreements. The apparent flexibility of using individual mutual termination… The agreed termination is the subject of a well-defined procedure that allows a contract to be separated indefinitely through a joint agreement between an employer and its employee. In addition, a journalist who had concluded an amicable dismissal requested the calculation of the amount of his benefit in accordance with the provisions of Article L7112-3 of the labour code, which are more favourable than those of Article L1234-9. In this case, the Court of Appeal had not adapted the worker to his application because he had collected the amount resulting from the agreement. However, this measure has been widely misused. Indeed, companies often call employees and say, “They can choose between a jointly agreed dismissal (break-up agreement) and dismissal!” The procedure for entering mutual dismissal can be summarized as follows: similarly, even if harassment is found at the time of signing the agreed termination, the worker must prove that his consent has been challenged.
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).