Redundancy pay

Article L.53: In the event of dismissal or termination of contract due to force majeure, an employee who has completed one year of continuous service with the company is entitled to compensation in addition to the notice period. This payment is calculated by taking the monthly average of the remuneration received during the twelve months immediately preceding the dismissal and applying the following percentages to this average remuneration:

• 20 per cent for each of the first five years of service
• 25 per cent for each year from the 6th to the 10th inclusive,
• 30 per cent for each year beyond the 10th.

The remuneration to be taken into account for the calculation of this compensation includes all payments constituting remuneration for work, excluding those which are in the nature of reimbursement of expenses. In the calculation carried out on the basis set out above, account must be taken of fractions of a year. This allowance is not payable if the dismissal is due to gross misconduct on the part of the employee.

Article L.157: The allowance relating to the leave provided for in Articles L.151 and L.152 is equal to a percentage of the total remuneration in cash and in kind received during the reference period, excluding allowances in the nature of reimbursement of expenses, annual bonuses and allowances, and benefits in kind from which the employee would continue to benefit during their leave.

Any deductions made from wages in respect of benefits in kind shall be taken into account in the calculation of the leave allowance. The percentage of remuneration provided for in paragraph 1 of this article is: 1/12 of the total remuneration received by the employee.

The holiday allowance for the minimum 8-day period of leave that the employee is required to take under the provisions of Article L.150 is equal to the salary for active service calculated on the basis of the establishment’s working hours at the time the employee commences their leave.

For leave taken at the end of the actual reference period, the employee shall receive a holiday allowance calculated in accordance with the provisions of this Article, less the holiday allowance received during the minimum compulsory leave period of 8 days referred to in Article L.150.

Periods treated as working time pursuant to Article L.149 shall be deemed to have given rise to remuneration in accordance with the working hours in force at the establishment during those periods.