French Labour Law

CSP: Employer Contribution Limited to 3 Months' Notice Period

DAIRIA Law · 2026-06-30 · 9 min

CSP: Employer Contribution Limited to 3 Months’ Notice Period

In a ruling dated March 18, 2026 (n° 24-21.643), the social chamber of the Court of Cassation confirms that the employer’s contribution to the contrat de sécurisation professionnelle (CSP) corresponds to the compensatory notice indemnity that the employee would have received, capped at three months’ salary, plus all relevant mandatory contributions. A conventional notice period exceeding three months does not result in an increase in this contribution.

This ruling provides welcome legal certainty for employers whose collective agreements provide for long notice periods. The analysis of DAIRIA Avocats.

Facts of the Case

A law firm dismissed an employed lawyer for economic reasons. In accordance with its obligations, the employer offered the employee to join the CSP, a scheme provided for by Articles L. 1233-65 and following of the French Labour Code.

The employee accepted the CSP. The employer paid France Travail (formerly Pôle emploi) the contribution as stipulated in Article L. 1233-69 of the Labour Code, calculated based on three months’ salary plus relevant contributions.

France Travail disputed the amount of this contribution, arguing that it should be calculated based on the full applicable conventional notice period for the employed lawyer, which exceeded three months under the national collective agreement for employed lawyers. The organization contended that the contribution should correspond to the entirety of the compensatory notice indemnity that the employee would have received, without a cap.

The law firm contested this interpretation before the courts. The Court of Appeal ruled in favor of France Travail and ordered the employer to pay an additional contribution calculated based on the total applicable conventional notice period. The employer appealed to the Court of Cassation.

The question submitted to the Court of Cassation was as follows: when the employee’s conventional notice period exceeds three months, should the employer’s contribution to the CSP be calculated on the entirety of this notice, or is it capped at three months’ salary?

This question concerned the interpretation of Article L. 1233-69 of the Labour Code, which provides that the employer contributes to the financing of the CSP by paying an amount corresponding to the employee’s “compensatory notice indemnity.” The text does not explicitly specify whether this contribution is capped, but refers to the regulatory and conventional provisions governing the CSP.

The financial stakes are significant for employers with employees benefiting from long conventional notice periods (senior executives, regulated professions, employed lawyers), which can reach four, five, or even six months’ salary.

The Court of Cassation’s Solution

The Court of Cassation overturned the appellate ruling and ruled in favor of the employer.

The social chamber determined that the employer’s contribution to financing the CSP is capped at three months’ salary, plus relevant mandatory contributions, regardless of the conventional notice period applicable to the employee.

The Court based its decision on the combined provisions of Article L. 1233-69 of the Labour Code and the convention relating to the CSP, which set the amount of the contribution at “the compensatory notice indemnity that the employee would have received had they not benefited from the CSP, capped at three months’ salary.” This limit is a rule of public order that binds both the employer and France Travail.

“The employer’s contribution to the financing of the contrat de sécurisation professionnelle, provided for in Article L. 1233-69 of the Labour Code, is equal to the amount of the compensatory notice indemnity that the employee would have received, capped at three months’ salary plus all relevant mandatory contributions. The conventional notice period, even if it exceeds three months, does not result in an increase in this contribution beyond that cap.”

The Court also clarified that this limitation of the contribution to the CSP does not deprive the employee of their rights: if the conventional notice period exceeds three months, the employee retains the right to the compensatory notice indemnity for the fraction exceeding three months, to be paid directly by the employer.

The Contrat de Sécurisation Professionnelle (CSP)

The CSP is a device for reinforced support of employees dismissed for economic reasons in companies with fewer than 1,000 employees (or in judicial recovery or liquidation regardless of size). It is provided for by Articles L. 1233-65 to L. 1233-70 of the Labour Code and by the convention relating to the CSP concluded between social partners and the State.

The CSP offers employees who join personalized support for 12 months, including:

  • Individualized follow-up by a dedicated advisor;
  • Training and retraining actions;
  • A professional security allowance (ASP) representing 75% of the reference daily salary for the first 12 months;
  • Periods of work in a company.

The Employer’s Financing of the CSP

Article L. 1233-69 of the Labour Code stipulates that the employer contributes to the financing of the CSP. This contribution replaces the notice that the employee cannot serve since they leave the company upon accepting the CSP. Joining the CSP indeed results in the termination of the employment contract at the end of the reflection period of 21 days, without serving the notice.

The CSP convention specifies that the contribution equals the amount of the compensatory notice indemnity, capped at three months’ salary, plus contributions. This limit existed in successive conventions but had not been explicitly validated by the Court of Cassation in a case where the conventional notice period exceeded three months.

The Situation of the Excess Notice Period

When the conventional notice period exceeds three months, the question of the status of the excess portion arises. The Court of Cassation provides a clear answer: the employer must pay the employee the compensatory notice indemnity corresponding to the portion of the notice that exceeds three months. This amount is not paid to France Travail as part of the CSP contribution but directly to the employee upon the final settlement.

Thus, the total financial burden for the employer includes:

  • The CSP contribution corresponding to three months’ gross salary plus contributions, paid to France Travail;
  • The compensatory notice indemnity for the portion exceeding three months, paid directly to the employee;
  • The severance indemnity calculated according to legal or conventional rules.

The Benefits of the Decision for Employers

A Protective Cap for Employers

This ruling secures the position of employers whose employees benefit from long conventional notice periods. By confirming the cap on the CSP contribution at three months, the Court of Cassation prevents the cost of the CSP from becoming disproportionate for certain employers.

Without this cap, an employer with an employee having a six-month conventional notice period would have had to pay France Travail six months’ gross salary plus contributions, resulting in significantly higher costs. The cap at three months thus provides significant protection.

Clarification of the Distribution of Funds

The ruling also clarifies the distribution of funds between France Travail and the employee. The employer must:

  • Pay to France Travail: the capped CSP contribution of three months’ gross salary + contributions;
  • Pay to the employee: the compensatory notice indemnity for the part exceeding three months + the severance indemnity + any other elements of the final settlement.

This clear distribution allows employers to budget precisely for the costs associated with an economic dismissal with CSP.

Practical Recommendations

Following this ruling, employers should:

  • Check the applicable conventional notice: accurately identify the duration of the notice applicable to the employee according to the collective agreement and their status (employee, supervisory agent, executive);
  • Correctly calculate the CSP contribution: limit it to three months’ gross salary plus contributions, even if the conventional notice period is longer;
  • Pay the excess portion to the employee: remember to pay the employee directly the compensatory notice indemnity for the portion exceeding three months;
  • Document the calculation: keep in the employee’s file the details of the calculation of the CSP contribution and the compensatory notice indemnity, to justify the amounts in case of disputes by France Travail;
  • Resist excessive demands from France Travail: if France Travail claims a contribution exceeding three months, the employer can rely on this ruling to contest the demand.

Financial Impact for Companies with Long Notice Periods

For professions with long conventional notice periods (executive managers, employed lawyers, occupational physicians, certain engineers), this decision has a significant budgetary impact. For example, consider an employed lawyer with a six-month conventional notice period and a gross monthly salary of €8,000:

  • CSP Contribution: 3 x €8,000 = €24,000 gross + employer contributions (approximately €10,800) = €34,800 paid to France Travail;
  • Excess Notice Indemnity: 3 x €8,000 = €24,000 gross paid to the employee;
  • Total Cost Related to Notice: approximately €58,800.

Without the cap, the CSP contribution would have been 6 x €8,000 = €48,000 gross + contributions (approximately €21,600) = €69,600 paid to France Travail, representing an additional cost of €34,800.

FAQ – Frequently Asked Questions

Is the CSP contribution always capped at three months?

Yes. Regardless of the conventional notice period applicable to the employee, the employer’s contribution to the CSP is capped at three months’ gross salary plus mandatory contributions. This rule is confirmed by the ruling of March 18, 2026.

What happens to the portion of the notice exceeding three months?

The employee retains the right to the compensatory notice indemnity for the portion exceeding three months. This indemnity is paid directly by the employer to the employee during the final settlement, not to France Travail as part of the CSP contribution.

Can the employer contest a demand from France Travail exceeding three months?

Yes, absolutely. If France Travail claims a contribution calculated on the entirety of the conventional notice period (beyond three months), the employer can contest this demand based on this ruling from the Court of Cassation and the provisions of the CSP convention.

Does the employee in CSP lose rights if their notice is longer than three months?

No. The employee receives directly from the employer the compensatory notice indemnity for the portion exceeding three months. They also benefit from all the rights associated with the CSP (support, professional security allowance) for 12 months.

Does this rule apply to companies in judicial recovery or liquidation?

Yes, the cap at three months applies regardless of the company’s situation. In cases of judicial recovery or liquidation, the CSP contribution is covered by the AGS (Association for the Management of the Guarantee Scheme for Employees’ Claims) under the same conditions, meaning within the limit of three months’ salary.

How to calculate the CSP contribution for a part-time employee?

The contribution is calculated based on the salary that the part-time employee would have received during the notice period (within the limit of three months), prorated according to their contractual working hours. A part-time employee with a gross monthly salary of €2,000 generates a contribution of 3 x €2,000 = €6,000 gross + contributions.

This article was written by the team of DAIRIA Avocats, a firm specialized in social law and human resources. For any questions regarding the contrat de sécurisation professionnelle, economic dismissal, or calculations of severance indemnities, our lawyers are at your disposal.

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