Rupture conventionnelle: France's mutual termination, step by step

The rupture conventionnelle is the procedure the Labour Code provides for ending a permanent contract (CDI) by mutual agreement: it is neither a resignation nor a dismissal. This guide is for you if your employer offers one or if you are thinking of asking for it. It explains the conditions, the timetable to follow, the minimum you receive and what can be negotiated; your own floor is worked out in the rupture conventionnelle tool.

The principle: an agreement, never an obligation

This way of ending a contract was created by a law of 25 June 2008. It only applies to permanent contracts: not to fixed-term contracts, agency work or apprenticeships, and never during the trial period (service-public.gouv.fr). Either you or the employer can propose it, and either of you can turn it down: it cannot be imposed by one party on the other. If your consent was not freely given, for instance under threat or in a context of harassment, the employment tribunal can cancel it.

For a protected employee, such as a staff representative, approval is replaced by authorisation from the labour inspectorate.

The timetable, step by step

1. At least one meeting. The law requires at least one meeting between you and the employer, with no minimum time before signing. You can be accompanied by a fellow employee, whether a staff representative or not; if the company has no staff representatives, you can also choose an employee adviser (conseiller du salarié) from your département's official list. Tell the employer before the meeting: if you bring someone, the employer may do the same.
2. The agreement. It is filled in on the TéléRC online service, then printed, dated and signed by hand by both parties. It sets the end date of the withdrawal period, the end date of the contract and the amount of the payout. The employer must give you a signed copy: keep it, as it is the proof of what was agreed.
3. The withdrawal period. 15 calendar days, starting the day after signing. Either party can change their mind without giving a reason, by recorded delivery with acknowledgement of receipt or by hand against a receipt. If the last day falls on a weekend or public holiday, the period runs on to the next working day.
4. Approval. The request goes through TéléRC, at the earliest the day after the withdrawal period ends, to the labour administration of your département (DDETS or DDETSPP). It has 15 working days from the day after receipt to check the procedure and that you consented freely. With no answer within that time, the agreement is approved; a refusal must give its reasons.
5. The end of the contract. On the date set in the agreement, at the earliest the day after approval. There is no notice period: until then you work and are paid as usual, unless you have agreed otherwise.

So allow several weeks between signing and your last day: an end date set too early on the form is the easiest mistake to avoid.

What gets approval refused

The administration does not judge whether leaving is a good idea: it checks that the rules have been followed and that you consented freely. It refuses in particular in these cases:

• A payout below the minimum, statutory or collectively agreed when your collective agreement provides more: the amount written down must be at least the floor worked out below.
• A period counted wrongly: wrong end date for the withdrawal period, a request sent before that period is over, an end date set before the day after approval.
• A missing step: no meeting, or a form that is incomplete or not signed by both parties.

A refusal does not end your contract: you keep your job. You can correct the problem and sign a new agreement, which starts a new withdrawal period. Both an approval and a refusal can be challenged before the employment tribunal within the following 12 months (service-public.gouv.fr).

The payout: a floor, not a price

The specific rupture conventionnelle payout cannot be lower than statutory redundancy pay, nor than the collectively agreed amount if your collective agreement provides a higher one. It is worked out the same way: 1/4 of a month's reference salary per year of service up to 10 years, 1/3 beyond; the redundancy pay guide explains the reference salary and length of service. One difference matters: no minimum length of service is required, whereas a dismissal only gives a right to the payout after 8 months.

With 7 months of service, a dismissal would give no statutory payout, whereas the rupture conventionnelle owes you at least €350. With 4 years and 6 months, the two floors meet at €3,150. These are gross minimums, calculated by the site's code on a stable reference salary; for your two salary averages and exact length of service, the tool does the sums, and the redundancy pay tool gives the amount in the event of a dismissal.

Negotiating: the amount, and everything else

The floor is only a minimum: the amount can be negotiated, and other points along with it. What is worth putting on the table besides the payout:

• The leaving date. Later, it gives you time to look for a job; earlier, it frees you for a new one. It can be no earlier than the day after approval.
• Your paid holiday. Days earned and not taken are paid to you anyway in the final settlement; you can also agree to take them before the end date.
• Bonuses and variable pay. Annual bonus, thirteenth month, commission: if your contract or collective agreement does not provide for a pro-rata payment when you leave, ask for one and have it written down.
• The non-compete clause. If your contract has one, the employer can waive it or keep it in force with its financial compensation: get its fate set out in writing, as it can weigh on your next job.
• Paid release from work until the end of the contract, to look for a job or train.

Everything agreed must appear in the agreement or in a separate signed document: a spoken promise cannot be proved. Nor is there any obligation to sign at the end of the first meeting: you can ask for a second one. To set your target, think in months of pay and in the likely time before your next job; the CV analysis estimates your market value in your occupation, a benchmark for the salary you can aim for next.

Unemployment benefit, tax and contributions

An approved rupture conventionnelle gives a right to unemployment benefit (ARE) if you meet the conditions, in particular a minimum period of work before the contract ends. The first payment does not come straight away: a waiting period applies, along with deferrals linked to paid-out holiday and to the part of the payout above the legal minimum. A payout negotiated well above the floor therefore pushes back the start of benefit, up to a limit. The unemployment and salary guide explains these mechanisms; France Travail works them out when you register.

Watch the duration: for a contract ended on or after 1 September 2026, benefit is paid for a shorter time after a rupture conventionnelle than after a dismissal. In mainland France, the maximum is 15 months under the age of 55 and 20.5 months from 55 (code.travail.gouv.fr). If you expect a long job search, use it as an argument when negotiating the payout or the leaving date.

For tax and contributions, the payout is exempt within limits and on conditions set by law, and taxed beyond them; the employer pays a specific contribution on its side. The ceilings change every year: check them when you leave on impots.gouv.fr or with URSSAF.

Rupture conventionnelle, resignation or dismissal?

If the employer turns down a rupture conventionnelle, a resignation is still possible, but with no payout and, as a rule, no unemployment benefit. For your specific situation (protected employee, sick leave, ongoing dispute), ask a staff representative, an employee adviser or a lawyer for advice.