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Rupture Conventionnelle Calculator

Estimate the minimum indemnity, tax & social regime, key dates and timeline for a rupture conventionnelle under French law (Articles L.1237-11 to L.1237-16, Code du travail).

1

Employment Details

Must be at least ~35 days after signing (retraction + DREETS review)

2

Reference Salary

French law (art. R.1234-4) uses the most favourable of two methods. Enter both to compare.

Method A Average of last 12 months gross salary
Average: -
Method B 1/3 of last 3 months gross salary

Annual bonuses (e.g. 13th month) must be prorated: add 1/12 of the annual bonus to each month.

1/3 average: -
Quick mode Or just enter a single monthly salary
3

Additional Information

If the employee can claim a pension, the indemnity is fully subject to income tax and social charges.

Used to calculate the tax exemption ceiling (2x annual gross N-1).

To calculate the timeline (retraction + DREETS review).

Important Notice

This calculator provides the legal minimum indemnity. Your collective bargaining agreement (convention collective) may require a higher amount. In practice, employees often negotiate above the legal floor. The 30% employer contribution applies to the portion exempt from social charges. For a complete analysis and negotiation strategy, contact our team.

How Does Rupture Conventionnelle Work?

The rupture conventionnelle (Articles L.1237-11 to L.1237-16, Code du travail) is a uniquely French mechanism allowing employer and employee to mutually agree to end a CDI employment contract.

Key Rules

  • CDI only — CDD, interim, and apprenticeship contracts are not eligible
  • At least one preliminary meeting is required (art. L.1237-12)
  • The employee may be assisted by a colleague or union representative
  • Both parties have a 15 calendar-day retraction period from signing (art. L.1237-13)
  • The agreement must be approved (homologated) by the DREETS within 15 business days (art. L.1237-14)
  • The minimum indemnity cannot be less than the legal severance pay
  • The employee is entitled to unemployment benefits (France Travail / ARE)
  • Contestation deadline: 12 months before the labour court (conseil de prud'hommes)

Indemnity Formula (art. R.1234-2)

  • Years 1-10: 1/4 of monthly reference salary per year of service
  • Years 11+: 1/3 of monthly reference salary per year of service
  • Incomplete years are prorated by month (e.g. 7 years 4 months = 7.333 years)
  • Minimum 8 months seniority required (art. L.1234-9)

Reference Salary (art. R.1234-4)

The most favourable of:

  • Method A: Average of the last 12 months gross salary
  • Method B: 1/3 of the last 3 months gross salary (annual bonuses prorated at 1/12)

Tax Regime (2026)

  • If the employee cannot claim retirement: exempt from income tax up to the highest of: legal/conventional amount, 2x annual gross N-1, or 50% of indemnity — capped at 6 PASS (€288,360 in 2026)
  • If the employee can claim retirement: fully taxable from the first euro
  • Social charges exemption: same limits, capped at 2 PASS (€96,120 in 2026)
  • 30% employer contribution on the portion exempt from social charges (paid to CNAV)

Mutual termination — key questions

What makes a rupture conventionnelle valid in France?

It is a mutual agreement governed by articles L.1237-11 to L.1237-16 of the Labour Code: one or more interviews, a signed agreement form, a mandatory withdrawal period for both parties, then validation (homologation) by the labour administration — or authorisation where the employee is protected (staff representatives). Skipping or mistiming any step exposes the employer to the agreement being void.

Is there a minimum indemnity?

Yes. The specific termination indemnity cannot be lower than the statutory dismissal indemnity (article L.1237-13), and case law and the applicable collective agreement can raise that floor. A frequent error is budgeting the statutory minimum while the CCN provides a higher dismissal indemnity — DAIRIA AI checks the applicable clause and its extension status before you commit figures.

Can either party refuse or back out?

At every stage. Neither employer nor employee can be forced into a rupture conventionnelle — refusing one is never a fault. After signature, each party keeps a withdrawal right during the legal period, and the administration can refuse homologation if the indemnity is below the floor or consent appears vitiated.

Why choose it over resignation or dismissal?

For the employee: unlike resignation, it opens entitlement to French unemployment benefits. For the employer: it avoids the litigation risk profile of a contested dismissal, at the price of the indemnity and the administrative timeline. It is not, however, a way to disguise an economic dismissal — administrations and courts requalify schemes that misuse it.

Planning a Mutual Termination?

Our experts guide you through the entire process — from negotiation strategy to DREETS approval.

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