Sesame Avocats
Individual mutually agreed termination agreement : mandatory dematerilization
In accordance with Decree No. 2021-1639 of 13 December 2021, applications for approval of mutually agreed termination agreement must now be submitted via the TéléRC portal, and no longer by mail.
However, the administrative authority indicates that it exceptionally accepts the seizure by mail, if the employer and/or the employee are not able to use TéléRC without specifying the cases in which this derogatory method will be accepted.
The so-called "protected" employees are not concerned by this dematerialization to the extent that TéléRC only allows to apply for an approval of the conventional termination. As a reminder, the contractual termination of the protected employee must be authorized by the labour inspector who will check in particular that this termination is not related to the mandate held by the employee.