Conventional termination procedure 2026

Updated March 2026 - The conventional termination procedure is based on a logic that is simple to summarize but demanding to execute: one or more interviews, a freely signed agreement, a withdrawal period of 15 calendar days, then administrative approval of 15 working days. In practice, files rarely get stuck in principle, but often because of the calendar, proof of consent or an incomplete form.

The short answer is therefore the following: the procedure is secure if you respect the order of the steps, if you correctly date each exchange and if you never set a termination date before approval. This is where the difference between a fluid file and a refused file comes into play.

Conventional termination is aimed at an employee on a permanent contract and their employer when they want to end the contract by mutual agreement. It is neither a dismissal nor a resignation. This is precisely why it must remain based on free and informed consent.

In 2026, it remains one of the most used solutions for organizing a clean exit, especially when the parties want to avoid conflict, preserve the relationship or prepare for a professional transition. But this apparent flexibility imposes a very strict documentary discipline.

1. Frame prior discussions#

The law does not require a standard letter to initiate the discussion. On the other hand, as soon as the subject is broached, it is necessary to decide who speaks, when, and on what scope. A simple verbal agreement is not enough: you must be able to trace the origin of the approach and demonstrate that no one has been pressured.

In a well-kept file, we keep at least an internal chronology, the points discussed, the dates of the exchanges and the questions remaining unanswered. This seems administrative, but it is what protects the file the most if an audit occurs later.

2. Hold a real and useful interview#

At least one interview must be organized. Each party may be assisted under the conditions provided for by the texts. The objective of this interview is not to "simulate" a negotiation, but to check that everyone understands the consequences of the breakup: end date, compensation, possible notice, balance of any account, impact on pay and unemployment.

A good interview answers three questions:

• why the breakup is being considered;
• what are the financial conditions;
• what end date is legally possible.

3. Write the termination agreement#

The agreement must be precise. It sets out in particular:

• the amount of the specific compensation;
• the planned date of termination;
• useful references for approval;
• the terms of delivery and signature.

The key point is simple: the breakup date should not be chosen at random. It must be consistent with the withdrawal period, the approval period and payroll constraints. In a poorly prepared file, the date is often set too early.

4. Count the withdrawal period correctly#

Both parties have 15 calendar days from the day after signing to withdraw. This is a security period, not a decorative formality.

Concretely, this means that:

• the day of signature does not count;
• the deadline runs in calendar days, including weekends;
• as long as the deadline has not expired, no transmission to the administration must be made.

In sensitive files, we recommend calculating this deadline visibly, on a shared table or an internal note, in order to avoid any calendar errors.

5. Submit the approval application#

Once the withdrawal period has passed, the agreement is sent for approval. The administration then has 15 working days to make a decision. Silence constitutes agreement at the end of the deadline, subject to a complete file.

The deposit must be taken care of. A document error, an inconsistent date or an incorrectly completed agreement can delay the entire process. In practice, the right reflex is to do a final proofreading as one would do for a payroll file or a sensitive break.

Before transmitting the file, we recommend systematically checking:

• the identity of the parties and their quality;
• the date of signature;
• the planned end date;
• the amount of the specific compensation;
• compliance with the withdrawal period;
• consistency with the final pay slip;
• the employer certificate for France Travail;
• paid leave, bonuses and possible recalls.

This verification is essential, because errors are not always visible immediately. A file may appear complete but remain fragile if an élément of proof is missing or if the date of termination is misaligned with the approval.

The most frequent errors are often the same:

• confuse the day of signature and the start of the withdrawal period;
• send the file before the expiration of the 15-day period;
• set a break-up date too early;
• forget that an interview must be real and traceable;
• submit an incomplete form;
• neglect the consequences of pay and end of contract. Another classic error consists of treating the conventional termination as a simple HR exit. In reality, it is a legal, social and paid act at the same time. The file must therefore be coherent on these three levels.

In 2026, the best practice consists of building a mini-evidence file with:

• a chronology of the exchanges;
• summons or traces of appointments;
• the signed agreement;
• the calculation of the compensation;
• proof of transmission to the administration;
• exit documents.

Hayot Expertise advice: the simpler the file, the more it must be documented. Security rarely comes from another page, but almost always from a clear schedule and a well-filed room.

To go further, also consult our guide on conventional termination 2026, our article on conventional termination compensation and our file on unemployment after conventional termination.

The conventional termination procedure remains flexible in appearance, but it is demanding in terms of form. In 2026, the best reflex is not to go quickly: it is to go in the right order, with the right parts and the right end date.

(Official sources: Entreprendre.Service-Public on conventional termination, Service-Public on approval, Labor Code articles L1237-11 to L1237-16, official Cerfa form)