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Do's and Dont's | How to Securely Handle a Mutual Termination of a CDI in France

Published on : 09/04/2025 09 April Apr 04 2025
Newsletter / Do’s and Dont’s
Newsletter

The homologated mutual termination is the only form of individual amicable termination of an employment contract in France outside of a collective redundancy scheme. It allows the employer and employee to agree on terminating an indefinite-term contract (CDI) by signing an agreement subject to homologation by the labor administration.

DO
  • Anticipate the need for discussions to reach an agreement: this is a mutual agreement, not a take-it-or-leave-it offer.
  • After reaching a preliminary agreement, invite the employee to a meeting (or several if needed) and inform him/her of his/her right to be assisted during those meetings.
  • Ensure that the termination timeline includes the 15-calendar-day withdrawal period and the 15-business-day approval period by the labor administration (administrative silence equals approval).
  • Make sure the agreement clearly states: the termination indemnity, which must be at least equal to the legal or collective bargaining severance pay; and the termination date, which cannot occur before the day after the administrative approval.
  • Upload the official CERFA form with the agreement to the online portal (telerc.travail.gouv.fr) as soon as the withdrawal period ends to trigger the approval process.
  • Confirm that the employee has a copy of the agreement, signed from both parties.
DON’T
  • Never impose the mutual termination on the employee. Consent must be freely given by both parties; otherwise, the agreement is null and considered an unfair dismissal.
  • Forget to inform the employee of his/her right to be assisted during meetings.
  • Submit the agreement for administrative approval before the withdrawal period ends—this would invalidate the approval process.
  • Leave out the signature date or include a termination date earlier than the approval—this could void the agreement.
  • Enter into an approved mutual termination with an employee on a fixed-term or apprenticeship contract.
  • Assume that signing the agreement waives all legal claims. If you want to be protected from any claims related to the execution of the contract (e.g., unpaid wages, overtime), a settlement must be signed—but only after the agreement has been officially approved.
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