A record: more than 500,000 conventional terminations were concluded in 2022, an increase of 27.4% compared to 2017, according to figures from the management of research, studies and statistics of the Ministry of Labor (Dares).
Faced with an unemployment rate which rose to 7.4% in the third quarter of 2023, former Prime Minister Elisabeth Borne announced, in November 2023, that she would consider restricting the use of this system, believing that it would have negative effects. on employment. For the former Minister of Labor Olivier Dussopt, it must be preserved, but by making adjustments. What do companies and employees think?
Created in 2008, this system aims to encourage mobility and make the labor market more fluid, while limiting labor disputes. “The conventional termination establishes the equivalent of a divorce by mutual consent, explains Françoise de Saint Sernin, managing partner of the Saint Sernin Avocats firm, which allows us to put aside the notions of fault or harm. We thus deconflictualize the company-employee relationship. »
“It’s a good tool, believes Jean-François Foucard, CFE-CGC national secretary in charge of career paths. It contributes to a peaceful social atmosphere. » For the employee dissatisfied in his position, or considering a retraining, it is an alternative to resignation, which allows him to leave with severance pay and to receive unemployment benefits while he repositions himself in another job, and to the employer a way of separating from employees, but without needing a reason as is the case for dismissal. “In 2022, 11% of the end of a permanent contract was due to a conventional termination, far behind resignations (43%), the end of a trial period (20%) and dismissal for personal reasons (14%), but ahead of economic dismissal (2%) »specifies Bertrand Marc, statistician at Dares.
A sort of early retirement
“ Before the conventional breakup, certain departure arrangements were not worthy of an adult relationship, analyzes Bruno Mettling, founding president of the Topics firm, former HR director of the Orange group. In a context of work relationships more focused on autonomy and flexibility, the tool has completely found its place. » « We are quite favorable to this model of non-conflictual separation, which is protective for the company and for the employee”explains Benoît Serre, deputy vice-president of the National Association of HR Directors.
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