The termination of an employment contract can be done by mutual agreement between the two parties, represented by the employer and the employee on a permanent contract. This is called "termination by mutual agreement", a legal procedure that is, however, subject to certain conditions and a certain compensation logic. Find out below how to negotiate a termination by mutual agreement, as well as the steps to take to simplify your procedures.
Identify the right time to request a termination by mutual agreement
There are many reasons for wanting to leave your job: sometimes, this situation is motivated by the feeling of being stuck in one place, or of no longer being in line with the management and values of the company. It may also be that the desire to start an entrepreneurial adventure has convinced the employee to leave their job. In any case, it is in your interest to negotiate a "mutual termination" with the employer, if only to benefit from the opening of your unemployment rights. For the employer, the mutual termination avoids engaging in a dismissal procedure that is often restrictive.
First essential step: learn to determine the right time to submit your request for mutual termination to your HR manager or your manager: you can ask, for example, to have a private meeting with them. Whatever happens, don't wait until the last minute to submit your request. The sooner you do it, the more likely you are to have your request accepted. Furthermore, avoid discussing the separation with your employer during a meeting attended by other colleagues (1).
Choose the right arguments to justify your decision
Another essential element: you must be able to tactfully convince the company that it is in its best interest to part ways with you amicably, taking into account a previously established professional context (lack of motivation, issues with management, change of project or reasons related to age and health, for example). Here are some arguments you can put forward to motivate your decision (2):
- Define your personal project: a mutual termination agreement is better justified to your manager if you have a personal retraining project, if you want to take over a company or if you are about to follow an MBA-type training course to improve your skills and progress towards management positions. However, make it clear that you are not leaving to become competition (especially if a non-compete clause is originally included in your employment contract).
- Talk frankly about your lack of internal advancement prospects: Are you bored at your company, and unfortunately, it cannot respond favorably to your requests for advancement? In this case, your motivation and efficiency at work may suffer. You may even take this argument to the point of turning yourself into a "troublesome employee." Be careful, however, not to encourage your employer to demand your resignation!
- Talk about your suffering at work: if you go to the office without joy and your working relationships are rather conflictual, do not wait for the situation to deteriorate and a dispute to arise. A mutual termination agreement is still the best way, for both you and your manager, to avoid unnecessary escalation of tension. To begin negotiations and calmly begin the mutual termination procedure, you can indicate that you will henceforth adhere to the strict execution of your employment contract. To definitively convince your employer, you can also give them the choice of the departure date.
Preparing for the mutual termination interview
Before concluding a mutual termination, the employee must meet with the employer during one or more interviews (see Article 1237-12 of the French Labor Code on this subject). The objective is to negotiate the terms of termination of the employment contract. Note that the absence of an interview is grounds for nullity of the mutual termination. To ensure this formality goes smoothly, and to fully justify your decision to leave, prioritize a questioning phase:
- Think about the arguments you want to present to your manager, so that they will more easily accept your request for a mutual termination.
- Also think about the amount of the mutual termination compensation you want to negotiate and obtain. Note that under Article L1237-13 of the French Labor Code, "the amount of the specific mutual termination compensation cannot be less than the compensation provided for redundancies."
- Finally, think about the date you want to leave the company.
Take advantage of a gap of 3 to 5 days to make a decision without rushing or putting pressure on yourself. Please note that your employer does not require you to meet any deadline for the interview, although it is in your best interest to allow sufficient time between the invitation and the interview. This time-lag generally allows you to contact an assistant, who will be present during the first mandatory interview. This assistant is usually an advisor, a staff representative, or an employee who is a member of a staff representative body.
Preparing for your departure
As an employee, you must absolutely anticipate your departure. This will allow the company to organize the conditions for a possible replacement and thus avoid the inconvenience of a sudden departure. Show understanding and agree to give your company time to find a replacement and undertake a training period if necessary.
Mistakes to avoid when negotiating your mutual termination agreement
- Talking to the wrong person: To negotiate a mutual termination agreement, you should always go through your direct superior or your team or department manager. In smaller organizations, you should speak directly to your business manager. Ideally, you should contact the human resources department, which generally leads these discussions.
- Choosing the wrong time: Before taking any action, find out about the state of the company, current projects, and HR's objectives. It is possible that your company cannot afford legal severance pay, in which case your request for mutual termination will have little chance of success. The ideal situation is one in which the company has every interest in negotiating your departure.
- Lack of flexibility regarding the employer's constraints: To put all the chances on your side and hope to obtain severance pay, think about the constraints that your company and your employer must face on a daily basis. Don't forget that severance pay represents a cost for the company!
- Clumsily negotiating the conditions of your mutual termination: always favor a form of oral communication and informal discussions, whether before the interview or before signing your agreement. These methods do not commit you to anything, and allow you to approach the interview with complete confidence.
