Individual termination of contract: teletransmission is compulsory from 1 April

Since 1 April 2022, applications for approval of individual contractual termination must be sent electronically via the “TéléRC” portal. It is therefore no longer possible to send applications by post (with some exceptions, see Decree No. 2021-1639 of 13 December 2021). The rule is teletransmission. Entering the application form online allows you to simulate the minimum amount of severance pay and the deadlines to be met. This helps to avoid errors. Once the form has been completed, it should be downloaded and then printed in triplicate so that both parties can sign it by hand. Each party should keep the original (be sure to provide proof that the original was given to the employee). Once signed, all you have to do is wait for the withdrawal period to expire (15 calendar days), scan and then upload a copy of the duly signed form to the dedicated portal (“TéléRC”). This will start the period of approval of the Dreets which, as a reminder, is 15 working days from the day following the receipt of the application by the administration. At the end of this period and in the absence of a response, the approval is deemed to have been granted. The portal also allows the application to be monitored. Once the approval period has expired, it is possible to download an approval certificate. Note that this only concerns applications for unprotected employees. For protected employees, the application for approval must always be sent to the labour inspectorate and the employer cannot therefore use the “TéléRC” portal.

Team

 

Christine Hillig-Poudevigne

Attorney, Partner

 

Marion Peringuey

Attorney, Associate