Whether you have decided to voluntarily change jobs or have been fired after several years of good and loyal service, it is essential to terminate your contract properly, otherwise you may regret it when you do. assert your rights.

Unmissable certificates

When an employment contract is broken or terminated, the law requires your employer to give you a number of mandatory documents. First, the work certificate (dated and signed) consists of a brief summary of your time in the company, mentioning your date of entry and exit as well as the title of the various positions held.

In addition, a Pôle emploi certificate must be issued to you, in order to be able to collect your rights to unemployment benefit.

Only temping companies are exempt.

Please note, since June 1, 2021, only one document model is accepted.

The certificates from the old version are in fact no longer tolerated by the public establishment, which also requires employers to send this form electronically when the company has more than 11 employees.

What about financial matters?

In order to settle the financial questions resulting from your departure, a "receipt for the balance of any account" must also specify all the sums received when the contract is terminated (compensation, final salary, paid vacation, bonus, etc.). Once this document is signed, you will have six months to dispute the sums mentioned before the industrial tribunal. On the other hand, if you refuse to sign it, you will have three years to turn against your employer.

Moreover, if your employment contract included a non-competition clause, the company must pay you the financial compensation provided for when you leave, even in the event of resignation or dismissal for serious misconduct. Note that the absence of compensation is equivalent, conversely, to a waiver of the clause by the company, which will leave you complete freedom to address the competition.

Finally, in the event of an employee savings scheme, a summary statement of all the sums and securities saved must be given to you.

Termination of your contract also allows you to request the early release of your participation bonuses or funds deposited in a company savings plan (PEE, PEI or PEG).

However, this is not a valid reason to unblock a collective retirement savings plan (former Perco or PER).

What recourse in the event of delay?

The law has put in place sanctions against recalcitrant or negligent employers.

They are liable to a fine of up to 750 euros for the boss and 3,750 euros for the company in the absence of a work certificate, against 1,500 and 7,500 euros respectively for the employment center certificate.

Some employers also do not hesitate to drag out the procedure for a long time.

So do not hesitate to follow up with your former boss by phone and by e-mail (to have a trace).

Then raise the tone by registered mail with acknowledgment of receipt, asking him to make these documents available to you within a reasonable period of a few days.

In the event of failure, you will have no other choice but to apply for summary proceedings to the industrial tribunal (accelerated procedure) to force your employer to comply.

On this occasion, you can claim damages from him if you show that this delay caused you damage (such as the delay in unemployment benefits).

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