Resignation or conventional break? What you need to know before you start

Tiredness, change in your personal life or new project … Perhaps you are asking yourself the question of leaving your job.

If you are on a permanent contract, two solutions are available to you: the resignation or the conventional break.

The point on the peculiarities, advantages and constraints of these two formulas.

Who is on the initiative?

Resignation

Main characteristic, the resignation is at the initiative of the employee. The case law defines it as "a unilateral act by which the employee clearly and unequivocally manifests his desire to terminate the contract of employment".

If, on the other hand, your decision is constrained by pressure from your employer, the first reflex is to seize the representative entities, such as the delegates or staff, or even turn to the labor inspectorate. You can ultimately turn to the Prud'hommes for requalification dismissal.

Conventional breakage

For conventional rupture, it is another thing: it stems from a common will.

The employer and the employee agree on the terms of the termination of the employment contract, and therefore sign a termination agreement.

What modalities?

Resignation

First of all, an abandonment of position can not act as a resignation! You must make your decision unequivocally known to the employer. There is no procedure imposed – this can be during an oral interview – but the written route remains to be preferred: a letter of resignation, by registered letter, with acknowledgment of receipt.

Standard letters exist online. Note that you do not need to give reasons for leaving.

The termination of the notified work contract, deadlines must be respected before leaving your post. These depend on your status – employee or manager – as well as the collective agreement on which you depend. Still a little patience, so …

Conventional breakage

This is the result of a common will, it will be persuasive.

Rest assured, you are not the first to get started: there were 437,000 conventional breaks signed in 2018 against half as many in 2009 (222,000), according to the Ministry of Labor.

The ideal is to solicit an interview, and prepare the best negotiation. Emphasize the mutual benefit of this formula. For example, if your departure avoids a possible litigation, your employer will listen to him.

Returning on a resignation, it is possible
As you were told above, what matters in the resignation, for the employee, is to "manifest in a clear and unequivocal way his desire to terminate the employment contract".

But the employee can reconsider his decision if his will is ambiguous. The legislation provides for it: if he acted under the influence of anger or emotion, if he suffered mental disorders or if he was threatened.

In this case, the employee can retract. In case of dispute, he can turn to the industrial tribunal.

What compensation can you claim?

Resignation

Risk taking has a cost: if you resign, you will have to put an end to your unemployment benefits.

At least, this is the general case. Because there is nine causes of resignation called "legitimate" : change of residence, non-payment of wages, or creation of a new activity. The list of these nine causes is to be found here.

Whatever happens, your employer will have to pay youcompensatory leave with payif you could not take your earned leave before your departure. You will also have the right to unblock your employee savings if you have it.

Conventional breakage

You will be entitled to specific compensation for conventional rupture. Once again, you will have to negotiate to fix the amount. In any case, this can not be less than the amount of the legal compensation for dismissal. Its calculation will therefore depend on your salary and seniority. To help you find your way around, the Ministry of Labor has set up a simulator.

Another advantage – and size – it allows you to benefit from unemployment benefits.