The negotiated departure and the transaction

A pregnant wage-earner profits from a protective statute. She can be laid off during this period only in 2 conditions: it reason for the dismissal must be foreign with the pregnancy; - L' employer must have no possibility to maintain the work contract. One can then think that a reason for economic order would easily make it possible to meet these two conditions. The reason for the dismissal, when it is economic, seems well not to be pregnancy-induced. But it is not sufficient, in oneself, to characterize impossibility of maintaining the contract. The only economic difficulties of the firm do not justify in oneself the removal of a post. The employer must thus specify, in the letter of dismissal, in what the economic reasons justifying the rupture, prevent it from maintaining the work contract for this period. Failing this, the dismissal will be null.

The law carrying modernization of the job market of June 25th, 2008 as well as the decree of July 18th taken for its implementation came to amend the rules as regards severance pay. From now on, the legal allowance of dismissal can be versed to the discharged employee provided that it has 1 year of seniority in the firm, and either 2 years. In addition, the legal allowance is today equal to 1/5ème of month of wages per year of seniority + 2/15ème of month of wages per year of seniority beyond 10 years. For the employee, it is thus more favorable than before. Lastly, the legal allowance of dismissal is from now on the same one some is the reason for the dismissal: personnel or economic.

The law 4006 1800 of December 30th, 2006 for the development of the participation and the employee stock ownership and carrying various provisions of economic order and social repeals the item L 591 15 of the labor regulation relating to the contribution. This contribution was due by any employer who separated from a 50 year old employee and more TDCI (except trial period). It is thus abolished, in 2 stages: - any breach of agreement of work of a 50 year old employee or, engaged more since January 1st, 2007, is exonerated from it - it is completely abolished at January 1st, 2008. An Unedic circular brings a precision. It is necessary to take into account the completion date of the notice, and not the date of notification of the rupture. Example: the dismissal of a 50 year old older wage earner and more, notified on December 15th, 2007 with execution of a two months notice, will involve an end of work contract on February 15th, 2008 and will not be able to thus give place to the payment of the contribution. Circular Unedic 8005 5 of February 14th, 2007