Free Download: Template for a Mutual Termination Agreement (Compliant with French Law)

Are you looking to leave your job on good terms with your employer? A mutual termination agreement (rupture conventionnelle) is an amicable solution that allows for the termination of a permanent employment contract (CDI) without resorting to dismissal or resignation. Below are the key elements you need to know, based on available sources.

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## What is a Mutual Termination Agreement?

A mutual termination agreement is a mutual agreement between an employer and an employee to terminate a permanent employment contract (CDI). It differs from dismissal and resignation due to its negotiated nature.

Under the **Collective Bargaining Agreement for Retail and Wholesale Food Businesses (IDCC 2216)**, mutual termination agreements are explicitly mentioned as a regulated procedure, subject to approval by the DIRECCTE to ensure the parties' freedom of consent [S9].

### Mutual Termination Agreement vs Dismissal vs Resignation
| Criterion               | Mutual Termination Agreement                     | Dismissal                                      | Resignation                                   |
|-------------------------|-------------------------------------------------|-----------------------------------------------|-----------------------------------------------|
| **Initiative**          | Mutual agreement                                | Employer                                      | Employee                                      |
| **Compensation**        | Specific indemnity (legal or conventional)      | Dismissal indemnity (as per applicable rules) | No indemnity                                  |
| **Right to Unemployment Benefits** | Yes (subject to conditions) | Yes (subject to conditions) | No (except in specific cases) |
| **Notice Period**       | Not mandatory (unless otherwise agreed)         | Mandatory (except in specific cases)          | Mandatory                                     |

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## Key Steps in a Mutual Termination Agreement

### 1. Negotiation Between Employer and Employee
Both parties must agree on the terms of the termination, including the departure date and the amount of the indemnity. The employee may seek assistance during the discussions, though the exact modalities of this assistance are not specified in the available sources [S9].

### 2. Drafting the Termination Agreement
A written agreement must be drafted, including:
- Details of the parties (employer and employee).
- The termination date of the contract.
- The amount of the specific termination indemnity, which cannot be less than the legal dismissal indemnity or, if more favourable, the conventional dismissal indemnity [S9].

### 3. Signing the Agreement
The agreement must be signed by both parties.

### 4. Approval by the DIRECCTE
The agreement must be submitted to the **DIRECCTE** for approval. This step is mandatory and ensures that:
- The consent of both parties is free and informed.
- The indemnity amount complies with the legal or conventional minimum [S9].

The DIRECCTE has **15 working days** to make its decision. If no response is received within this period, approval is deemed granted [S9].

### 5. Effective Termination of the Contract
Once approval is obtained, the contract ends on the agreed date. The employee receives their termination indemnity and may, subject to conditions, be eligible for unemployment benefits.

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## Mutual Termination Agreements and Collective Bargaining Agreements

Certain collective bargaining agreements provide specific rules for mutual termination agreements. For example:
- Under the **Collective Bargaining Agreement for Technical Consultancy Firms (IDCC 1486)**, mutual termination agreements are mentioned as an alternative to dismissal, though specific modalities are not detailed [S1].
- Under the **Collective Bargaining Agreement for Non-Food Retail Businesses (IDCC 1517)**, Article 3 outlines the conditions for mutual termination agreements, though details are not provided in the available sources [S7].
- Under the **Collective Bargaining Agreement for Retail and Wholesale Food Businesses (IDCC 2216)**, mutual termination agreements are governed by Articles L. 1237-11 et seq. of the French Labour Code and entitle the employee to a specific indemnity [S9].

**Recommendation:**
Check whether your collective bargaining agreement includes specific provisions. Compare the conventional indemnity with the legal indemnity: the more favourable of the two applies [S9].

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## Frequently Asked Questions

### 1. Can I refuse a mutual termination agreement proposed by my employer?
Yes. A mutual termination agreement is based on mutual consent. If you refuse, your employer cannot impose it on you [S9].

### 2. What is the timeframe for approving a mutual termination agreement?
The DIRECCTE has **15 working days** to approve the agreement. After this period, approval is automatic [S9].

### 3. Can I claim unemployment benefits after a mutual termination agreement?
Yes, subject to conditions. The available sources do not specify the exact criteria, but it is generally accepted that the employee must meet the eligibility requirements for unemployment benefits [S9].

### 4. What should I do if the DIRECCTE refuses approval?
If the DIRECCTE refuses approval, you can:
- Negotiate a new agreement with your employer.
- Consider alternative solutions (resignation, dismissal, etc.).
The available sources do not specify potential recourse before the employment tribunal (prud’hommes).

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## Conclusion
A mutual termination agreement is a regulated procedure that allows for the termination of a permanent employment contract by mutual consent. To be valid, it must comply with legal and conventional rules, particularly regarding the indemnity and approval by the DIRECCTE.

**Key Steps:**
1. Negotiate the terms with your employer.
2. Draft and sign the agreement.
3. Submit it to the DIRECCTE for approval.
4. Receive your indemnity and leave the company on the agreed date.

If your situation is complex, it is advisable to consult an employment law advisor.