By dismissal
An employer who dismisses an employee for reasons other than serious misconduct must give him or her notice and severance pay in the event of seniority of 5 years or more.
If the company has more than 150 employees, the dismissal must be preceded by a preliminary interview with the employee to be dismissed.
If the company has at least 15 employees, it must also notify the Business Development Committee of each dismissal made for reasons not inherent to the employee's person.
As from the notification, the employment relationship ceases after the expiry of the 2 to 6 months' notice period, depending on the length of service of the employee (age≤ 5 years: 2 months; between 5 and 10 years' service: 4 months; seniority≥ 10 years: 6 months).
The employee may also be dismissed with immediate effect for serious reasons, i. e., if he or she is dismissed with immediate effect, i. e. "any act or fault which immediately and definitively renders impossible the maintenance of employment relations". In such a case, the letter of notice of termination of employment must clearly state the fact in question.
In the case of a permanent contract, except in the case of serious misconduct by the employer, an employee who decides to resign must notify the termination of his employment contract to his employer within a certain period of notice.
Employees on fixed-term contracts (CDD) may only resign after the expiry of any probationary period, if the employer is guilty of serious misconduct (CDD).
By resignation
In the case of a permanent contract (contrat à durée indéterminée - CDI), an employee who wishes to terminate his employment contract must notify the employer by registered letter or ask for a signature from the latter on two copies of the letter of resignation, which shall constitute acknowledgement of receipt of the notification.
As of the notification, the employment relationship ceases after the expiry of the one to three month notice period, depending on the length of service of the employee (half of the periods applicable in the event of dismissal).
All employees have the right to resign with immediate effect in the event of serious misconduct on the part of their employer, regardless of their type of employment contract (fixed-term / indefinite contract) or their sector of activity (public or private sector).