Compensation: how to estimate the amount of your compensation in the event of contractual termination?

Would you like to negotiate a contractual termination with your employer? First perform a simulation of your compensation.

A conventional termination of a CDI is the fact that an employer and an employee agree to terminate their employment contract . In this case, they define together the conditions of the rupture and necessarily, the employee is compensated . And this, regardless of his seniority in the company.

The Ministry of Labor puts a simulator online

The amount of compensation from which the employee benefits must not be less than the legal compensation he receives in the event of dismissal . The calculation of this indemnity is made on the basis of the most favorable average salary. Those paid during the 3 or 12 months before the date of the signature of the rupture convention .

A free simulator is available online for those affected by a contractual termination . It is an initiative of the Minister of Labour, Employment, Vocational Training and Social Dialogue. This simulator helps to estimate the minimum amount of compensation due to the employee .

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To do this, you must answer questions about your remuneration, your seniority and on the date of your conventional termination . So, in just a few minutes, you will have access to a result corresponding to your personal situation .

Note that this simulator only gives an estimate of the contractual termination indemnity legal. In other words, any additional compensation that you may have negotiated with your employer is not included in the result. In the same way those relating to a branch or company agreement .

Compensation: Those concerned by this simulator

So, this free simulator, you can access it via the Ministry of Labor website if you are concerned . Remember that only people on a permanent contract (CDI) can be subject to a contractual termination. If you have another type of contract (CDD, interim, internship, etc.), this simulator does not concern you .

YOU can access the Ministry of Labor simulator by clicking here .

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Employees on permanent contracts who leave their job as part of a contractual termination receive specific compensation . It has been mandatory since September 27, 2017, regardless of their seniority in the company.

Simulator Operation

Here's how it works this simulation based on the salaries of the last 12 months and seniority within the company:

The results communicated by the simulator:

The Ministry of Labor simulator offers a personalized estimate based on your salaries and your seniority in the company. That said, the proposed result only corresponds to the legal minimum and does not include:

• Any additional compensation paid in the event of contractual termination. Indeed, by nature, contractual termination is an end of contract resulting from a negotiation between the employee and the employer. It should be noted, however, that an amount higher than the legal minimum can be obtained.
  There are also other special cases that may lead us to benefit from a larger amount . In particular, compensation for notice, balances of paid leave not taken, etc.
• Compensation due in the event of a particular situation. Example: the case of an employee on a permanent contract who has worked both full-time and part-time. In this case, the calculation of the severance pay is done differently .
• The compensation provided for in a convention or a company or branch agreement. There are cases where the agreement provides for the payment of a more advantageous indemnity than that of the labor code. Check well if you are entitled to compensation greater than the legal minimum .

Simulator instructions

To obtain an estimate of the legal conventional termination indemnity, the simulator takes into account :

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• The seniority of the employee: this is defined at the time of the termination of his CDI. If his seniority is less than one year, his severance compensation is calculated in proportion to the number of months worked.
• Gross monthly salary: this corresponds to the amount taken into account for the calculation of his indemnity .

Compensation: Useful information for the simulation

To carry out the free simulation of his conventional termination indemnity, you must fill in the following information :

• His seniority in the company on the planned termination date
• The date of his last salary (month and year)
• His gross monthly earnings over the past 12 months
• If applicable, the amount of the annual or exceptional bonuses that the employee has received in the last 3 months .

The aide-sociale.fr website explains in detail the steps to follow to simulate your compensation . These steps are to be followed one by one to find out the amount of his compensation. To perform a new simulation, just click on the ' F5 ' key on your keyboard to refresh the page.

Source : Welfare