France:
The Signing Of A Second Mutally Agreed Termination (Rupture Conventionnelle) After Refusal By The Authorities Requires A New Cooling-Off Period
20 September 2018
Flichy Grangé Avocats
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If, following a labour administration's refusal to approve a
mutually agreed termination agreement, and employer and employee
sign a second agreement that corrects certain points that were
incorrect in the first version of the document (such as the
statutory indemnity), the employee is entitled to a new cooling-off
period. The parties need to wait 15 days before submitting the new
agreement to the labour administration for approval. Failing this,
the second agreement is invalid. The takeaway is that a new
document triggers a new waiting period.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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