Documents de sortie:

LOI n 2013-504 du 14 juin 2013 art. 1 X : L'article L. 911-8 du code de la scurit sociale

Conge de naissance

Thank you for the provided information.

As per the french legislation, during the absence (3 days) due to the child's birth the employee's
salary is mandatory maintained. However, during paternity leave, it's not compulsory to maintain
the employee's salary (11 calendar days). A paternity attestation is submitted to CPAM and the
Social Security makes reimburses the employee (IJSS) for this period. If the employer decides
to apply salary maintenance, social security reimbursements (IJSS) are received by the
company.

In this case, we would like to confirm with you how to process the paternity leave (23rd to 31st
October) for Mr Boismal. Should we maintain his salary during these 7 days or not? Please let
us know.

Rupture conventionnelle

The "rupture conventionnelle" is the only way to terminate the employment contract amicably.

There is a procedure involving at least one interview between the employer and the
employee during which the conditions of termination (date of termination, amount of
compensation paid by the employer, notice period to made or not) are negotiated.

All these conditions must be fixed in an agreement (named in french "convention de rupture")
signed between the employer and the employee. This agreement is made in 2 copies, one for
employee and one for employer. The employee that signs this termination agreement is entitled
to receive a termination indemnity, named "indemnite de rupture conventionnelle".

The amount of "indemnite de rupture conventionnelle" is agreed with the employee, but it
couldn't be less than the legal minimum, calculated by the employee's seniority and the gross
remuneration during the last 12 months.
As per our estimative calculations, the legal minimum for Nicolas Verite is about 3,640.91 EUR.

Please let us know in case of any questions.

Dear Michel,

As per the French legislation, during the maternity leave, it's not compulsory to maintain the
employee's salary. A maternity attestation is submitted to CPAM and the Social Security makes
reimburses the employee (IJSS) for this period. If the employer decides to apply salary
maintenance, social security reimbursements (IJSS) are received by the company.
In any case, the employer is forced to produce, and issue a pay slip to the employee even if, in
the absence of subrogation, the pay is at zero.

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