You can negotiate a mutual termination of your employment contract with your employer without having to give a specific reason. However, you can highlight the existence of your business creation project.
There are definitely advantages to being upfront with your employer to successfully negotiate your contract termination. Prepare strong arguments to tip the scales in your favor during your amicable dismissal. If you're an employee valued by the company staff and want to dedicate yourself to a project that seems close to your heart, your employer might be receptive to it.
Your employer and you can then meet for one or more interviews in order to find an agreement on the principle of an amicable dismissal against payment of a severance indemnity. Get assistance from another member of the company's staff or from an advisor if necessary to negotiate the terms of your departure.
Once you've agreed on your departure from the company, fill out a mutual termination agreement. The main thing to specify in this agreement is the amount of the severance pay. This amount must not be less than what you would have received if you had been made redundant in a standard layoff.
As soon as the CDI termination agreement is concluded, you are officially unemployed and can benefit from the right to unemployment benefits. Amicable termination offers you some advantages, in particular that of benefiting from the payment of unemployment benefits under certain conditions. These benefits are called return-to-work allowances (ARE).
To take advantage of these benefits, you need to register with Pôle Emploi (the French job center). The length of compensation can vary depending on the periods of employment following the end of your employment contract.
You can also benefit from the Aid for Business Creation or Takeover (ACRE), which is a partial exemption from social security contributions. This exemption is valid for a maximum period of one year.
You can also apply for the New Support for Business Creation and Takeover (Nacre), which is a program that extends over a minimum period of three years. It is open to any employee who has chosen to proceed with a conventional termination of their employment contract. It offers assistance with setting up a business as well as financial assistance.
- The amount of unemployment benefits is calculated based on the gross salary received by the employee during the 12 months prior to the termination of the employment contract.
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The maximum duration of compensation is 24 months, but it may be reduced depending on the employee's age and length of affiliation to the unemployment insurance scheme.
Start by preparing your business creation file with a business plan tailored to your skills and experience. If you've never created or participated in the creation of a company before, your Pôle Emploi advisor may suggest training specifically for entrepreneurs. This training will teach you about the administrative and legal formalities, some basic accounting principles, and the procedure for paying your company's taxes.
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 company, the success of this project depends on the team put together for it. You must also have a very well-established financing plan to see your business creation project come to fruition. When these different points are well prepared, you can move on to the concrete creation of the company.
Written by our expert Editorial staff
June 20, 2023
