The contractual termination of your employment contract can be negotiated with your employer without you needing to give any particular reason. You can, however, put forward the existence of your business creation project.
There are many advantages to laying your cards on the table with your employer if you want to successfully negotiate the termination of your contract. Prepare good arguments to tip the balance in your favor when it comes to amicable dismissal. If you are an employee who is appreciated by the company's staff and wish to devote yourself to a project that seems close to your heart, your employer may be sensitive to this.
You and your employer can then get together for one or more meetings to reach agreement on the principle of amicable dismissal in return for severance pay. If necessary, ask another member of staff or an advisor to help you negotiate the terms of your departure.
As soon as you have reached an agreement on your departure from the company, fill in an amicable termination agreement. The main information to be included in this agreement is the amount of the severance pay. This amount must not be less than the sum you would have received if you had been dismissed in the normal way.
As soon as theagreement to terminate your permanent employment contract has been reached, you are officially unemployed and eligible for unemployment benefit. Amiable redundancy offers a number of advantages, not least of which is the possibility of receiving unemployment benefit under certain conditions. These benefits are known as allocations de retour à l'emploi (ARE).
To take advantage of these benefits, you need to register with Pôle Emploi. The duration of compensation may vary according to the periods of employment following the end of your employment contract.
You can also benefit from the "Aide à la Création ou à la Reprise d'Entreprise" (ACRE), a partial exemption from social security contributions. This exemption is valid for a maximum of one year.
You may also be eligible for the Nouvel Accompagnement à la Création et à la Reprise d'Entreprise (Nacre) program, which runs for a minimum of three years. It is open to all employees who have opted for a conventional termination of their employment contract. It offers assistance in setting up a business, as well as help with financing.
- The amount of unemployment benefit is calculated on the basis of the gross remuneration received by the employee during the 12 months prior to termination of the employment contract.
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The maximum duration of compensation is 24 months, but may be reduced depending on the employee's age and length of affiliation to the unemployment insurance scheme.
Start by putting together a business plan tailored to your skills and experience. If you've never set up or helped to set up a business before, your Pôle emploi advisor may suggest a training course reserved for entrepreneurs. This will enable you to learn about administrative and legal formalities, some basic accounting concepts and the procedure for paying taxes on your business.
Put together a good project team with people who have the skills needed to implement the company's project. When it comes to creating an SCI (société civile immobilière) or any other type of business, the success of the project depends on the team put together for the purpose. You also need to have a well-established financing plan to see your business start-up project through to fruition. Once all these points have been taken care of, you can move on to the actual creation of the company.
Written by our expert Editorial staff
June 20, 2023
