Professional retraining guide

What are the differences between resignation and mutual agreement?

Would you like to change jobs, move towards a job with a positive impact on the planet and society? Do you want to end your contract to consider the future? You have two options: conventional termination or resignation.

Arrived in France with the labor market modernization law in 2008, the conventional break is increasingly chosen and reached a record in 2021 with 454,000 breaks, according to DARES. What are its differences with a resignation? Can you make a break? What is the best solution for you?

Between mutual agreement and resignation, what to choose?

First of all, before leaving you the choice of one or the other, it is a question of knowing if you have the right to opt for a contractual rupture. Indeed, this is possible for employees on a permanent contract (cdi) with more than 8 months of seniority excluding the trial period.

The contractual termination of the permanent contract is a mode of amicable termination of the employment contract between the employee and the employer. Set by mutual agreement, it requires the consent of the parties to terminate the contract. Once the termination request has been granted, you will have a mandatory interview where you can negotiate the terms of your departure (date of departure, compensation) with your employer. Then, the drafting of the termination agreement and its approval (its validation by the labor inspectorate) are done online. It is often written by the employer but you can also do it and both parties must sign it.

Resignation is a unilateral decision taken by the employee. The employer does not have to interfere in this choice. If you wish to resign, you can request it orally or in writing via a letter of resignation (which is rather recommended). The main rule to respect is the notice period which determines your day of departure: from 1 to 3 months depending on your seniority in the company.

What are the allowances?

In the case of a contractual termination

You have the right :

  • To unemployment benefits within an incompressible period of 7 working days.
  • To a Compensatory Indemnity for Paid Leave (ICCP) if you did not take them before the end of your contract.
  • And also a severance pay, the legal minimum of which is calculated on the basis of your salary per year of seniority:
  • if you have been in the company for 10 years or less: ÂŒ of your monthly salary X your number of years of seniority
  • if you have been with the company for more than 10 years: 1/4 month salary per year of seniority for years up to 10 years + 1/3 month salary per year of seniority for years to from 10 years old

👉 You can estimate the amount of your compensation on the public service simulator.

👉 If you want to be accompanied by an advisor in your conventional break-up process, you can contact the CEP toll-free number in your region.

In case of resignation

Conversely, in the event of resignation, you are not entitled to compensation unless it is a legitimate resignation. In this case, you will be able to receive unemployment after 4 months.

Here are some examples of what the government considers legitimate resignations:

  • In the case of a change of place of residence of your spouse, following a marriage, a PACS.
  • If you are a Minor and you quit your job to follow your parents
  • If you are a victim of domestic violence and want to change your place of residence
  • If you have a disabled child admitted to a reception structure outside your place of residence
  • After a dismissal, a conventional termination or the end of a fixed-term contract, if you resign from a new contract before 65 working days have elapsed.

The amount of compensation paid by PĂŽle Emploi after 4 months will then depend on what you received previously.

To weigh the pros and cons

To find out which is the most advantageous, it is useful to take into account your years of seniority in the company, your salary, your plans for the future, your financial resources to meet your needs.

To weigh the pros and cons, here is a summary table of the differences between contractual termination and resignation.

Departure negotiation with the employer

  • Conventional termination: YES
  • Resignation: NO

Date of departure

  • Contractual termination: Flexible and negotiable
  • Resignation: Depends on the terms of the notice on your employment contract

Right to unemployment

  • Contractual termination: YES with a deadline of 7 working days after registration validated at PĂŽle Emploi
  • Resignation: UNDER CONDITIONS, possibility to request it approximately 4 months after the resignation, if it is legitimate

Administrative procedures

  • Contractual termination: request for approval on TĂ©lĂ©RC
  • Resignation: Orally or by writing a resignation letter (template letter)

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