If these two conditions are not met, the transaction contract is null and void. The employer and the employee may agree to terminate the employment contract in accordance with a redundancy contract, according to Art. L. 1237-11 to L. 1237-16 of the French labour code. This procedure is different from the dismissal procedure initiated by the employer and the unilateral dismissal by the worker. After approval by the DIRECCTE, any party can bring an action before the French labour court within one year if that party believes that the legal conditions are not met. If the labour court were to revoke the redundancy contract, the employer would reimburse the amount of compensation (Stop 16-15273 of the Social Chamber of the Court of Cassation on 30 May 2018). At the preliminary meeting (or preliminary meeting), the worker may invite another representative. In this case, the staff member is also allowed to invite a representative.
The waiver of legal actions, often contained in termination contracts, is generally illegal (Court of Cass. ploughshare. June 26, 2013). However, the reason for termination should not be indicated in the termination contract. 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). 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). A new order (No.
98-1231, December 28, 1998), transcribed as Article 1441-4 of the new Code of Civil Procedure, aims to simplify the execution of comparisons. The section allows one party in a transaction to ask the presiding judge of the civil court to formally recognize the applicability of the transaction and to compel the other party to fulfill its obligations if the latter refuses. By decision of 26 March 2014, the Supreme Court of France has decided for the first time that in the event of an agreement, a transaction agreement can be signed under certain conditions. After the signing of the termination contract (or the standardised termination form), it is followed by a two-week civil withdrawal period, followed by an additional two weeks (this time on weekdays) for the authorization of the French labour inspector DIRECCTE. In this context, one of the parties must first send the termination contract (or standard termination form) to the competent supervisory authority of DIRECCTE after the expiry of the two-week civil withdrawal period. If the procedure has not been complied with or if the amount of the settlement is less than the legal right of settlement, the French supervisory authority, DIRECCTE, will not approve the termination procedure. However, the authorization is implied if the supervisory authority does not expressly refuse the authorization within the allotted time.