Established in 2008, The contractual termination allows an employee and his employer to end an indefinite contract (CDI) by mutual agreement. This mechanism, which guarantees the employee the payment of compensation and access to unemployment benefits, is today controversial. The government, which seeks to achieve savings on the social level by all means, is alarmed by the increase in the use of this device and points to numerous abuses, both on the side of companies and employees.
“There are objectively many abuses – on the employee side as on the business side. »» Justifies the Minister of Labor, Astrid Panosyan-Bouvet. According to those around him, some employers would use the conventional rupture to make up for layoffs, thus avoiding the constraints of a job safeguard plan, such as the reclassification of employees or the financing of training. Side employees, the ministry observes “Disguised resignations” In conventional ruptures, sometimes followed by an absence of immediate job search.
Favorable employers, indignant unions
In the field, this observation is shared by certain business leaders. “We really appreciate this tool because it allows to have clarity, to secure separation, the employee cannot contest the contractual rupture as is the case for dismissal. »» Explain to BFM Philippe Véran, director of a company of 1,000 employees specializing in the manufacture of implants and dental prostheses. However, he believes that the initial spirit of the device has been diverted:
At the start, it was thought of for employees for whom it was bad in the company. Today, all employees who want to leave ask me for a contractual break.
For Philippe Véran, the contractual termination has become a means for some employees to leave the company without going through the resignation, even when no major problem is reported. “When he’s someone who has been in the business for a long time and who has a real concern, I understand, but some have been there recently and just want to resign to change my life. »» he says.
On the unions side, the observation is very different. Vanessa Jereb, assistant secretary general of the UNSA, refutes the idea of a generalized diverted use. “When you ask for a contractual break, it is that it does not go well in the company. Otherwise, we are waiting to find a job and we resign. »» she explains. She recognizes that abuses exist but that they remain marginal:
We can always find abuses but in reality we do not go through the unemployment insurance box for pleasure.
For the trade unionist, The contractual termination even made it possible to pacify the separations between employers and employees. “Conventional ruptures have made it possible to fluidify the outings, it made it possible to avoid conflicting situations, they are really acclaimed by employers. Before there could be dramas, sick leave or post abandonment. »» she continues.
The government is looking for savings, despite common sense?
If we stick to the speeches of employers and employees, the conventional rupture therefore remains a perfect solution in the event of a blocking situation. So why is the government attacking it? Official figures bear witness to an increase in the number of conventional ruptures, from 88,000 in the first quarter of 2015 to 128,000 in the first quarter of 2025. A problem for the government seeking to save money. Indeed, this system weighs heavily on public finances, in particular through the payment of unemployment benefits. As part of the savings plan of 44 billion euros presented by François Bayrou last week, the executive therefore wishes to review the rules of the game.
Several tracks are therefore envisaged: harden the conditions of access to the contractual terminationrestrict the profile of the beneficiaries or modify the methods of compensation by France Work (amount, deficiency period, duration, etc.). For the time being, no decision has been made, and the subject will be the subject of discussions between social partners in the coming months. In all cases, the government does not seem to take into account the indirect costs of a hardening of the rules for obtaining a contractual rupture. In the event of burnout or other blocking situation, employees will certainly use also costly solutions For public finances. Like sick leave, for example.
- The conventional rupture, supposed to facilitate amicable separations, is accused of generating many abuses, both among employees and among employers.
- The government wishes to reform this system to limit its cost for public finances, while the unions defend its virtues to avoid conflicts.
- The question divides deep bosses and employees, and the upcoming negotiations promise to be tense.
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