30 May 2024
The question that inspired this post:
Hello,
I have a CDI and cleared my probation period 5 months back.
Suddenly 2 days back, I got fired. I wanted to check what are my rights?
I understand france has certain unemployment benefits - can someone share what needs to be done, i,e do I visit the pole emploi immediately?
specifically, are they obligated to give me a severance pay ( I have now worked there for 9 months in total)
lastly, they are willing to give me only 6 weeks more of pay. How can I best negotiate atleast 3 months, given this has happened very suddenly?
Answers
"Yes visit pôle emploi with the papers given by the company,or do the inscription online.
Yes they are obliged to pay you a severance pay.
This negotiation of 6weeks or 3 months depends upon the holidays you took and also written in your contract so at the end of the contract: I do not know how much it’s negotiable.
Hope this infos helps"
"Do you know where I can understand further on the minimum severance they need to provide me? normally your HR should explain you this other wise there are calculations online which is complicated"
"Check your contract , if you have notice period to be served then they can’t fire your without informing even if they fire then they have to pay you for it"
-------------------------------------------------------------------------------
Introduction
Being fired can be a stressful and uncertain experience, especially in a foreign country. However, France has robust labour laws designed to protect employees, even in cases of termination. If you find yourself in this situation, here are some important steps and considerations to help you navigate the process.
Immediate Steps to Take
Visit Pôle Emploi
One of the first things you should do is register with Pôle Emploi, the French employment agency. This is crucial for starting your process for unemployment benefits (allocations chômage). You can register online or visit a local office to get started.
Check the Termination Procedure
Make sure your employer has followed the correct legal procedures for termination. In France, these steps include:
Pre-termination Meeting (Entretien Préalable): This is a mandatory meeting before the termination decision.
Written Notification: You must receive a formal letter notifying you of your termination.
Notice Period (Préavis): Your employer must respect the notice period outlined in your contract or the applicable collective agreement.
Unemployment Benefits (Allocations Chômage)
You are likely eligible for unemployment benefits if you meet the following criteria:
You have worked at least 6 months in the last 24 months.
You are registered with Pôle Emploi.
You are actively seeking employment.
The amount of your unemployment benefits depends on your previous salary and the duration of your employment. Typically, it’s a percentage of your former salary.
Severance Pay (Indemnité de Licenciement)
For those on a permanent contract (CDI), you are entitled to severance pay if you have worked for at least 8 months (this threshold changed from 1 year to 8 months in 2017). Given your 9 months of service, you are eligible for severance pay, which is generally calculated as follows:
1/4 of a month's salary per year of service for the first 10 years.
So, for 9 months of service, your severance pay would be approximately 1/4 of your monthly salary.
Negotiating Severance Pay
To negotiate a better severance package, consider the following steps:
Document Everything
Gather all relevant documents, including your employment contract, pay slips, termination letter, and any correspondence related to your termination.
Highlight the Suddenness
Emphasize the sudden and unexpected nature of your termination and how it impacts your ability to find new employment quickly.
Request a Meeting
Ask for a formal meeting with HR or your employer to discuss the termination terms. Be polite but firm in your request for a fair severance.
Propose a Reasonable Counteroffer
Explain your rationale for requesting at least 3 months of pay. This could be based on industry norms, the length of your job search, or the financial impact on you.
Seek Legal Assistance
If negotiations stall, consider consulting a labour lawyer (avocat en droit du travail). A lawyer can provide advice specific to your situation and may help in negotiations or legal actions if necessary.
Summary of Actions
Register with Pôle Emploi: Start the process for unemployment benefits immediately.
Verify the Termination Process: Ensure that the termination is legally compliant.
Calculate Your Severance Pay: Based on your tenure and the legal requirements.
Negotiate Severance: Aim for a fair severance package, targeting at least 3 months of pay.
Seek Legal Advice: If needed, consult with a labour lawyer to ensure your rights are fully protected.
By taking these steps, you can better manage this transition period and ensure you receive the support and compensation you are entitled to under French labour laws.
Stay proactive and informed to safeguard your rights.
Comments