Notice periods for dismissal and resignation in France (2026)

Quick answer. For a dismissal (other than gross or wilful misconduct), the statutory notice period is one month for seniority between six months and under two years, and two months from two years (article L1234-1 of the Labour Code). A collective agreement or the contract may set a longer period, often three months for managers. For a resignation, the Code sets no general duration: it follows the collective agreement, the contract or custom. A waiver decided by the employer triggers pay in lieu; requested by the employee and accepted, it does not.

The notice period is the time between notification of termination and the contract's actual end. During it, the employment contract continues: the employee keeps working and being paid, and seniority keeps accruing. Handling notice well means securing the end date, the final pay and, where relevant, the compensatory pay. Here are the rules that apply in 2026.

Notice gives each party time to organise: for the employee, to find a new job; for the employer, to arrange a replacement. It applies to both dismissal and resignation, under different rules.

Starting point: dismissal notice runs from the first presentation of the registered letter notifying the dismissal. Resignation notice runs from the date the employee clearly and unequivocally expresses the intention to resign. During notice, all contractual obligations continue: pay, accrued leave, health cover, any non-compete clause.

Notice is not suspended by paid leave booked after notification, nor — in principle — by sick leave of non-occupational origin (notice is not then extended). However, a work accident or occupational illness arising during notice suspends and extends it accordingly.

Article L1234-1 sets a statutory floor based on continuous seniority with the same employer, at the date the dismissal is notified.

Two key points. First, these are minimums: if the collective agreement, the contract or custom provides a more favourable (longer) period, that longer period applies. For managers, collective agreements frequently raise notice to three months regardless of seniority. Second, status matters: some agreements distinguish blue-collar, white-collar, supervisors and managers.

Gross or wilful misconduct removes notice entirely: the contract ends immediately, with no notice and no compensatory notice pay. It is one of the heaviest consequences of that classification, which must therefore be handled carefully.

Unlike dismissal, the Labour Code sets no general resignation notice. The duration comes from:

• the applicable collective agreement (the most common source);
• failing that, the employment contract;
• failing that, the custom of the profession and locality.

Only a few categories have a notice period set by law (sales representatives, journalists, childminders in particular). In practice, many agreements use one month for staff and three months for managers. The employer cannot impose a longer notice than the applicable texts provide, and the employee cannot unilaterally waive it without risk (the employer could claim damages for any harm suffered).

Notice logic varies with the mode of termination:

• Voluntary retirement: the employee serves a resignation notice, but aligned with the dismissal notice (one or two months by seniority).
• Retirement imposed by the employer: notice equal to the dismissal notice.
• Mutual termination (rupture conventionnelle): there is no notice. The end date is freely set in the agreement, after the withdrawal period and approval (see mutual termination).
• Fixed-term contract reaching its term: no notice (the contract ends on the agreed date).

Notice may go unserved. The financial effect depends entirely on who initiates the waiver.

When the employer waives the notice, that decision does not move the end date: it remains the normal end of the notice period. This matters for seniority, the start of health-cover portability and the date the end-of-contract documents are issued.

When the employee asks to leave before the term, the employer may agree: the contract then ends on the agreed date and no compensatory pay is owed. It is best to record this agreement in writing to avoid later disputes.

Where the employer waives the notice, the compensatory pay (article L1234-5) equals all the pay and benefits the employee would have received had they worked to the end: base pay, bonuses, benefits in kind, and the related paid-leave allowance.

This payment is legally treated as salary. It is therefore subject to social contributions, CSG and CRDS, and income tax. It must not be confused with the severance payment, which enjoys a favourable social and tax regime (see calculating statutory severance pay).

Unfitness of non-occupational origin. Notice is not served and compensatory pay is in principle not owed; however, the notice duration counts towards the seniority used to calculate the severance payment.

Unfitness of occupational origin. The employee receives compensatory notice pay and a special (doubled) severance payment, a more protective scheme provided by the Labour Code.

Job-search hours. Many collective agreements grant paid time off during notice (often two hours a day) to look for work. Check your agreement.

Employee leaving early without agreement. If the employee leaves before the end of notice without a waiver, they may have to compensate the employer for any harm suffered.

During notice, the contract continues normally: the employee keeps accruing paid leave and stays covered by the company health plan. If paid leave had already been booked and approved before notification of termination, taking it does not extend notice. Conversely, the employer cannot force the employee to take leave during notice for the sole purpose of shortening its effective duration.

A non-compete clause, where one exists, takes effect on the contract's end date, i.e. at the end of notice, whether served or not. An employer wishing to waive it must do so within the time and form set by the contract or collective agreement, failing which the financial consideration remains due. Portability of health and protection cover, in turn, starts on the contract's termination date giving entitlement to unemployment benefit.

Take an employee with gross monthly pay of 3,000 euros, waived by the employer from serving a two-month notice.

• Compensatory notice pay: 2 × 3,000 = 6,000 euros gross.
• Related paid-leave allowance on the notice: 10% of 6,000, i.e. 600 euros.
• Total paid for the unserved notice: 6,600 euros gross, subject to contributions and tax like salary.

If a monthly bonus or benefit in kind were added to base pay, it would have to be included in the base: the payment must place the employee in the position they would have been in had they worked to the end.

1. Identify the applicable collective agreement and its notice durations (often more favourable than the law).
2. Determine exact seniority at the notification date.
3. Decide on any waiver and record it in writing (stating who initiated it).
4. Calculate, where applicable, the compensatory pay (salary plus related paid-leave allowance).
5. Set the end date and prepare the final settlement, work certificate and France Travail attestation.