[to be determined] € Fine
Failure to submit a work certificate upon termination or termination of employment contract
[to be determined] € Fine
Non-delivery of the employment division certificate upon termination or end of the employment contract

Delivery of end-of-contract documents

Scope of application

Employer having hired an employee on CDI (open-ended contract) and wishing to terminate the contract amicably with his employee.

Exclusion

The contractual termination is open to the employee employed only on CDI. The system therefore does not apply to employees on fixed-term contracts or temporary contracts.

Individual contractual termination is prohibited in the following cases:

It is concluded under fraudulent conditions or in the absence of an agreement concluded between the employee and the employer.
It is offered as part of a collective agreement for the forward-looking management of jobs and skills (GPEC) or a job protection plan (PSE)
It is offered as part of a collective agreement on collective contractual termination
The conventional termination procedure aims to circumvent the guarantees provided for the employee in terms of redundancy.

The contractual termination can be canceled by the industrial tribunal (CPH) if the employee establishes that it was signed when his consent was not free. For example :

The contractual termination was signed in a context of moral harassment
The employer exerted pressure to encourage the employee to choose a contractual termination

Description

The end date of the contract is provided for in the termination agreement.

The employee is not required to give notice.

The employer must give the employee the following documents:

Work certificate
Employment center certificate
Balance of any account
In the event of participation, profit-sharing and employee savings plans within the company, summary statement of all sums and securities saved

The employee receives the paid holiday allowance if he has not taken all the leave acquired on the date of termination of the contract.

If the employment contract provides for a non-competition clause, the financial compensation is due (unless the clause is waived).

At the end of the contract, the employee is entitled to unemployment benefits if he meets the conditions for benefiting from it.