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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1412
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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I'm working french company, who wants to terminate my

Customer Question

good afternoon,
I'm working for a french company, who wants to terminate my contract.
I'm currently on an inter-contract, which means, I had an expact contract in Asia, for 2 years, which finished in March and I returned to Paris, on an inter-contract, trying to find a new position.
Unfortunately nothing came up and the company couldn't offer me a single new position.
now they want to terminate this inter-contract and I assume, they will offer me a farewell-package, which will be reasonable in the eyes of the company, but probably not for me.
is there anything I need to take into consideration prior to me first 'termination meeting' next monday? and are there any minimum/maximun compensation packages?
I'm 55 years old and since exactly 16 years with the company.
many thanks in advance and kind regards
Franz
Submitted: 1 year ago.
Category: French Law
Customer: replied 1 year ago.
the estimated time was 8 minutes, 35 minutes ago?
anything wrong?
many thanks and kind regards
Franz
Customer: replied 1 year ago.
dear sirs,
I still didn't get an answer on my question......
I hope that's not a fraud?
thanks for answering my mails
kind regards
Franz
Expert:  T Perrin C replied 1 year ago.

Dear Sir,

I believe the meeting on Monday must be officially referred to as a "entretien préalable au licenciement". If they decide to terminate your employment because they have no position to offer you, they will have to recourse to a redundancy procedure (licenciement économique). The minimum "legal" package they have to offer you, based on your average monthly gross income over the last 12 months, or 3 months, whichever is the highest is:

- 20% of that amount per year with the company (for 16 years= 3,2 x monthly gross income)

- 13,33% of that amount for all years with the company over ten years (for 16 years = 13,33%x5xmonthly gross income.

The legal package they have to offer you (minimum) is thus 3,86 x average monthly gross salary.

You may be able to claim a bigger package depending on your position (cadre/non-cadre/dirigeant?) and on the convention collective applicable to your contract of employment, and or the termination clause in your contract of employment.

Regards,

TC

Customer: replied 1 year ago.
M Perrin
thanks for your answer.
that's much less, what I thought, as I thought with a unlimited contract in France, it's not so easy to terminate the contract and the above mentioned figures are for an 'economical redundancy', which is not the case with me, as there would be many options available within Accor.
so what happens, if they offer me an amount, like above, or even higher, which I find too low, what's the procedure?
I'm currently in a "Director" position, so it should be higher.
what can I do, if I'm not happy, is there a limit in time I've to answer and compensation, which I have to accept?
what happens if I don't accept?
thanks and kind regards
Franz XXXXXX