Its tax and social regime must be specified

Generally three meetings are necessary. The first is known as "exploratory" and to begin talks on the departure of the company, the second is really the negotiation and adjusts the financial and material of the latter conditions and the third is dedicated to the signing of the conventional break. During these interviews six points are to negotiate. It is: the date of breach of the contract of employment, which can intervene before the day of approval by the Directorate of labour. A longer period may be provided, to allow the company to find a replacement or to ensure the employee the junction with a new job. Date and time are negotiable without taking into account the periods of notice applicable to the dismissal or resignation. The conditions of work organization can also be managed to provide a progressive start or periods of inactivity, the amount of the conventional failure compensation which cannot be less than the legal compensation for dismissal. If article l. 1234-9 of the Labour Code requires compensation threshold it sets no limits to it. No ceiling is planned. The parties have the option of blithely exceed this threshold to take into account the difficulties to find a job quickly or achieving a promised professional growth. Its tax and social regime must be specified. The talks should remind the employee tax and social welfare of the negotiated compensation plan. The executive authorities lack the required information if she communicates to interested parties the letter addressed by the tax authorities stating that voluntary severance pay is subject to income tax. In this case, the employer is ordered to pay damages in compensation for the damage caused by the breach. Accurate information on the compensation system is therefore crucial in these interviews. It would be desirable to confirm it in writing in the appendix to the rupture, the party financial non-competition clause, if it exists, which must be paid in all cases of failure even if the contract provides payment only on termination of employment. For case law such an exclusion ignores the fundamental freedom of the worker to exercise professional and, as such activity, is void. It is therefore due on conventional rupture unless the employer decides to expressly release the employee of the latter. More nothing prohibits negotiate it at the break. In fact no legal provision precludes the parties to agree, upon the breakdown of the employment contract of the application of a separate non-compete clause, in some of its terms, which is inserted in the contract of employment, the fate of the individual training right or DIF that cannot be mobilized against the will of the employer outside a dismissal or resignations. Exclusive conventional failure of these two cases of rupture passes under silence the fate of the DIF. It is therefore an element to negotiate, if it is more available by the employee. Other benefits such as a vehicle of service, hardware, service housing, or even stock options including the exercise of the warrants or stock options has not been lifted. The identity of the person who should be sent, regardless of its form, the letter of retraction of the employee.