French Labour Law

CSP in France: Employer's Contribution Capped at Three Months' Notice (Cass. soc., 18 March 2026, No. 24-21.643)

DAIRIA Law · 2026-09-01 · 10 min

CSP in France: Employer’s Contribution Capped at Three Months’ Notice (Cass. soc., 18 March 2026, No. 24-21.643)

Professional Security Contract: the Employer’s Contribution Capped at Three Months

In a ruling dated 18 March 2026 (No. 24-21.643), the Social Chamber of the French Supreme Court (Cour de cassation) confirms that the employer’s contribution to the contrat de sécurisation professionnelle (CSP – professional security contract, a reinforced support scheme for employees dismissed on economic grounds) corresponds to the compensatory notice indemnity the employee would have received, capped at three months’ salary, plus all related mandatory social security contributions and levies. A contractual notice period longer than three months does not increase this contribution.

This ruling provides welcome legal certainty for employers whose collective bargaining agreements provide for long notice periods. Analysis by DAIRIA Avocats.

The Facts of the Case

A law firm carried out the dismissal on economic grounds of a salaried lawyer. In accordance with its obligations, the employer offered the employee the opportunity to enrol in the contrat de sécurisation professionnelle (CSP), a scheme provided for by Articles L. 1233-65 et seq. of the French Labour Code.

The employee accepted the CSP. The employer paid to France Travail (formerly Pôle emploi) the contribution provided for by Article L. 1233-69 of the French Labour Code, calculated on the basis of three months’ salary plus the related contributions.

France Travail contested the amount of this contribution, taking the view that it should be calculated on the basis of the full contractual notice period applicable to the salaried lawyer, which exceeded three months under the national collective bargaining agreement for salaried lawyers. The body argued that the contribution should correspond to the entire compensatory notice indemnity the employee would have received, without any cap.

The law firm challenged this interpretation before the courts. The Court of Appeal ruled in favour of France Travail and ordered the employer to pay an additional contribution calculated on the full contractual notice period. The employer lodged an appeal before the Supreme Court.

The question submitted to the Supreme Court was as follows: where the employee’s contractual notice period exceeds three months, must the employer’s contribution to the CSP be calculated on the full notice period, or is it capped at three months’ salary?

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

The financial stakes are significant for employers whose employees benefit from long contractual notice periods (senior executives, regulated professions, salaried lawyers), which may reach four, five or even six months’ salary.

The Supreme Court’s Ruling

The Supreme Court quashes the Court of Appeal’s ruling and finds in favour of the employer.

The Social Chamber holds that the employer’s contribution to the funding of the CSP is capped at three months’ salary, plus the related mandatory contributions and levies, regardless of the contractual notice period applicable to the employee.

The Court bases its decision on the combined provisions of Article L. 1233-69 of the French Labour Code and the CSP agreement, which set the amount of the contribution at “the compensatory notice indemnity the employee would have received had they not benefited from the CSP, capped at three months’ salary”. This cap is a rule of contractual public policy (ordre public conventionnel) that binds both the employer and France Travail.

“The employer’s contribution to the funding of the professional security contract, provided for by Article L. 1233-69 of the Labour Code, is equal to the amount of the compensatory notice indemnity the employee would have received, capped at three months’ salary plus all related mandatory contributions and levies. The contractual notice period, even where it exceeds three months, does not increase this contribution beyond that cap.”

The Court nevertheless specifies that this limitation of the CSP contribution does not deprive the employee of their rights: where the contractual notice period exceeds three months, the employee retains the right to the compensatory notice indemnity for the portion exceeding three months, paid directly by the employer.

The Professional Security Contract (CSP)

The CSP is a reinforced support scheme for employees dismissed on economic grounds in companies with fewer than 1,000 employees (or in receivership or liquidation, regardless of size). It is provided for by Articles L. 1233-65 to L. 1233-70 of the French Labour Code and by the CSP agreement concluded between the social partners and the State.

The CSP offers the enrolled employee personalised support for 12 months, including in particular:

  • Individualised follow-up by a dedicated adviser;
  • Training and retraining measures;
  • A professional security allowance (allocation de sécurisation professionnelle, ASP) representing 75% of the reference daily salary during the first 12 months;
  • Periods of work in a company.

The Funding of the CSP by the Employer

Article L. 1233-69 of the French Labour Code provides that the employer contributes to the funding of the CSP. This contribution replaces the notice period that the employee cannot work, since they leave the company upon acceptance of the CSP. Enrolment in the CSP terminates the employment contract upon expiry of the 21-day reflection period, without any notice period being worked.

The CSP agreement specifies that the contribution is equal to the amount of the compensatory notice indemnity, capped at three months’ salary, plus contributions and levies. This cap existed in successive agreements but had not been explicitly validated by the Supreme Court in a case where the contractual notice period exceeded three months.

The Treatment of Notice Beyond Three Months

Where the contractual notice period exceeds three months, the question of the treatment of the excess portion arose. The Supreme Court provides a clear answer: the employer must pay the employee directly the compensatory notice indemnity corresponding to the portion of the notice period exceeding three months. This sum is not paid to France Travail as part of the CSP contribution but directly to the employee in the final settlement (solde de tout compte).

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 statutory or contractual rules.

Why This Decision Matters for Employers

A Cap That Protects the Employer

This ruling secures the position of employers whose employees benefit from long contractual notice periods. By confirming that the CSP contribution is capped at three months, the Supreme Court prevents the cost of the CSP from becoming disproportionate for certain employers.

Without this cap, an employer whose employee benefits from a six-month contractual notice period would have had to pay France Travail six months’ gross salary plus contributions, i.e. a considerably higher cost. The three-month cap therefore constitutes significant protection.

Clarification of the Allocation of Sums

The ruling also clarifies how sums are allocated between France Travail and the employee. The employer must:

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

This clear allocation allows employers to precisely budget for the cost of an economic dismissal with a CSP.

Practical Recommendations

Following this ruling, employers should:

  • Check the applicable contractual notice period: precisely identify the duration of the notice period applicable to the employee according to the collective bargaining agreement and their status (employee, supervisor, executive);
  • Correctly calculate the CSP contribution: limit it to three months’ gross salary plus contributions, even if the contractual notice period is longer;
  • Pay the excess portion to the employee: do not forget 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 detailed calculation of the CSP contribution and the compensatory notice indemnity, in order to justify the amounts in the event of a challenge 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.

The Budgetary Impact for Companies with Long Notice Periods

For professions with long contractual notice periods (senior executives, salaried lawyers, occupational physicians, certain engineers), the decision has a significant budgetary impact. Take the example of a salaried lawyer with a six-month contractual 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 the notice period: 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, i.e. an additional cost of €34,800.

FAQ – Frequently Asked Questions

Is the CSP contribution always capped at three months?

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

What happens to the portion of the notice period 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 in the final settlement, and not to France Travail as part of the CSP contribution.

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

Yes, absolutely. If France Travail claims a contribution calculated on the full contractual notice period (beyond three months), the employer can contest this demand on the basis of this Supreme Court ruling and the provisions of the CSP agreement.

Does the employee on a CSP lose rights if their notice period exceeds 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 rights linked to the CSP (support, professional security allowance) for 12 months.

Does this rule apply to companies in receivership or liquidation?

Yes, the three-month cap rule applies regardless of the company’s situation. In the event of receivership or liquidation, the CSP contribution is covered by the AGS (Association pour la gestion du régime de Garantie des créances des Salariés – the wage guarantee scheme) under the same conditions, i.e. capped at three months’ salary.

How is the CSP contribution calculated for a part-time employee?

The contribution is calculated on the basis of the salary the part-time employee would have received during the notice period (capped at three months), pro-rated according to their contractual working time. A half-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 at DAIRIA Avocats, a firm specialising in employment law and human resources. For any question relating to the professional security contract, economic dismissal or the calculation of termination indemnities, our lawyers are at your disposal.

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