End of CDD and CDI Types Of Employment Contract In France

CDD (Contract Duration Determinée – [a Fixed-term Contract, or temporary employee contract] type of employment contract and  CDI (Contract Duration Indeterminée)-[ an Open-ended contract]-type of employment contract. Both  CDD and CDI types of employment contracts were common in France but now they are saying goodbye to us.

The employer is obliged to provide several documents to the employee at break of a CDD and CDI type employment contract in the private sector. The following documents must be provided by the employer regardless of the causes of the end of a CDD and CDI types of employment contract.

1. A receipt of any account balance
The employer shall establish a final settlement with each employee who leaves the company. The final settlement applies both to employees under permanent contract type and those under fixed-term contracts, whatever the cause of the break (dismissal, resignation, come to the end of fixed term contracts).

In full and final settlement must include all monies paid to the employee in connection with the termination of the contract. The inventory of such sums must take into account. The last salary Different bonuses Reimbursements, Any compensation payments of termination.

The receipt for final settlement must be edited in duplicate. This should be clearly mentioned on the receipt.
Example: “This receipt for final settlement was established in two copies, one of which was handed me. Done at ………, dd / mm / yyyy. “

The employee may contest the final settlement. It has up to 6 months if he signed the receipt and 3 years otherwise. The company in turn can claim the over-payment until 3 years after the date for the receipt of final settlement.

2. A certificate of employment
The work certificate shall be issued at the end of all CDD and CDI and that whatever the reason for the breakup. This certificate must be given to the employee at the end of his notice period, it is exempt from notice period or not.

The work certificate must state: The full name of the employer (name, address, business name), The identity of the employee (name, surname, address), the dates of beginning and end of the contract, or the positions held by the employee and the periods for each station, date and place of writing the certificate and the signature of the employer or a beneficiary.

3. A attestation of Employer
This document allows the employee with a CDD and CDI contract to assert his rights to unemployment benefits. Also called paper unemployment insurance certificate. It must be issued regardless of the reason for the break (dismissal, resignation, reached the end). In this statement, should appear: The identity and qualifications of the employee, the reason for the breach of contract, duration of employment and the remuneration paid in the last twelve months.

This amount should take into account salary, bonuses, various allowances and the amount of the final settlement. The employer may enter online certification through the employment center site.

The certificate must be delivered to the employee at the end date of the contract, it is exempt from notice period or not.
If the employer fails to provide unemployment insurance certificate to that date, outstanding risk a fine of € 1,500.

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