statutory redundancy:
Tuesday, February 22, 2011
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On indemintés dismissal
statutory redundancy:
The amount of statutory redundancy payment is due in particular to the employee's seniority and remuneration. Seniority statutory redundancy:
The statutory redundancy payment is due to the employee when he has one year of seniority in the company. This rule applies since
June 27, 2008. Previously, the employee would have earned 2 years of seniority.
Redundancy or personal reasons: a single amount of compensation
The statutory redundancy payment is the same whether a dismissal for economic reasons or for personal reasons.
It is calculated based on gross earnings received prior to the termination of employment contract (Labour Code, art. L. 1234-9 and 1234-4 A.) on the basis of:
fifth month gross salary per year of seniority;
plus 2 / 15 months of gross salary per year over 10 years seniority.
if your collective agreement provides a different basis of calculation, we must compare the amount that the statutory redundancy payment. This is the most favorable amount to be paid to the employee.
the money not constitute a salary, such as:
sharing bonuses or incentive;
reimbursement of expenses are excluded from the calculation base of the indemnity.
statutory redundancy in case of modified working hours
Where an employee has been held successively in time full and part time (or vice versa), the indemnity is calculated in proportion to the periods of employment, according to one or the other of these two methods since joining the company. souce edition tissot
statutory redundancy
Redundancy
Since modernization law of the labor market of the minimum statutory redundancy payment is fixed à1/5e months of salary per year worked, plus two / 15th of the month a year beyond 10 years of seniority. The minimum the statutory redundancy payment is a fifth month of salary per year worked, plus two fifteenths months per year over ten years seniority.
the statutory redundancy severance
severance pay is 1 / 5th of a month's salary per year worked, plus 2/15ème months per year over ten years of age (Article R 1234-2 of the Labour Code), regardless of the reason for dismissal.
Fractions of years are recorded incomplete (Article R122-2 of the old labor code and R 1234-1 code). Under Article
R 1234-4 of the Labour Code, the basis of the statutory redundancy payment is compensation Gross
is the 12th of the remuneration of the last twelve months;
is the third of three months.
To determine the amount of compensation, seniority is assessed at the normal expiry date of the notice of termination, whether or not executed
dismissal indemnities
statutory redundancy
Redundancy
Since the law of modernization of the labor market of the minimum statutory redundancy payment, is set à1/5e months of salary per year of service, plus 2/15e months per year beyond 10 years of seniority. The minimum amount of statutory redundancy payment is a fifth month of salary per year worked, plus two fifteenths of months per year over ten years seniority.
dismissal indemnities
Since the decree of 18 July 2008, she is now 1 / 5th of a month's salary per year worked, plus 2/15ème of months per year over ten years of Seniority (Article R 1234-2 of the new labor code) whatever morif dismissal. Fractions of years are recorded incomplete (Article R122-2 of the old labor code and new code R 1234-1). Accordance with Article R. 1234-4 of the new Labour Code (incorporating the provisions of the Act of 19 January 1978 for monthly paid employees), the basis of the statutory redundancy payment is, in gross pay: either the 12th of remuneration of the last twelve months is the 1 / 3 of the last three months (in this case, apportionment of premium or gratuity to annual or special). Gratuities random and temporary, and reimbursement of expenses are excluded. To determine the amount of compensation, seniority is assessed at the normal expiry date of the notice of termination, whether or not executed (Ch. Soc. November 25, 1997, Gymnasium franchise company c / ML No. of appeal: 94-45010
compensation for dismissal without cause real and serious
TRAVAILPREMIÈRE PART CODE PART LÉGISLATIVEPREMIÈRE RELATIONS TRAVAILLIVRE SECOND INDIVIDUAL CONTRACT BREAKDOWN TRAVAILTITRE THIRD TERM EMPLOYMENT CONTRACT DISPUTES AND PENALTIES INDÉTERMINÉECHAPITRE V IRREGULARITIES PROVISIONS OF THE FIRST LICENCIEMENTSECTION COMMUNESArt.
L. 1235-3
Art. L. 1235-3 If the dismissal of an employee comes to a cause that is not real and serious, the judge may propose reinstatement of the employee in the company, while retaining the benefits gained. If either party refuses, the judge made an award to the employee. This allowance, payable by the employer, can not be less than the wages of the last six months. It is due without prejudice, where applicable, severance pay provided for in Article L. 1234-9. - [Anc. art. L. 122-14-4, para. 1, sentences 2 and 3].
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