How To Break A Professionalization Contract?

The professionalization contract allows you to alternate work and professional training, and can be terminated under certain conditions. It is necessary to take into account the type of contract (fixed term or indefinite), as well as the moment at which the termination occurs (during or after the trial period).

Break a professionalization contract during the trial period

trial period , allowing everyone to freely terminate the contract, may be provided for. If there are no more favorable terms in the collective agreement or contract, those indicated by law must be taken into consideration for:

CDD

  • Contract not exceeding 6 months: 1 day per week and 2 weeks maximum
  • Contract of more than 6 months: 1 month maximum

CDI 

  • Workers and employees: 2 months
  • Technicians and supervisors: 3 months
  • Executives: 4 months

notice period must be respected. If the termination is at the initiative of the employee  : 48 hours before departure beyond 8 days of seniority, and 24 hours before for a seniority of less than 8 days.

If it is a choice of the employer , the employee must be informed within a legal period according to his seniority:

  • More than 8 days of presence: 24 hours before
  • Between 8 days and 1 month of presence: 48 hours before
  • 1 month of seniority: 2 weeks before
  • After 3 months of service: 1 month before

There is no notice period if the trial period lasts less than a week

Break a professionalization contract after the trial period

Professional contract in CDI

The indefinite professionalization contract can be terminated in the same way as a normal CDI. It can be a dismissal ( serious fault , incapacity, force majeure), a resignation or a contractual termination . The contract can also be terminated if the employee is hired on a permanent contract. If the employee concerned is a staff representative, the labor inspectorate must authorize termination at the employer’s initiative.

Professional contract in CDD

The fixed-term professionalization contract can be terminated in the same way as a traditional CDD. The termination can be at the initiative of the employer, the employee or both parties. The reasons can be a hiring in CDI, a case of absolute necessity, a serious fault, the incapacity of the employee …

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Covid-19: Many Employees Wanted To Continue Teleworking

The scale of the Covid-19 led to the implementation of containment in March 2020, until May 11, 2020. A large part of the employees were therefore able to telecommute during this period. At the end of it, some employees were eager to get back to their desks and colleagues, while, according to a study, 84% of the rest were in favor of continuing to telecommute.

Covid-19: Many employees would like to continue teleworking

A study carried out by perception CSA for Malakoff Humanis shows that employees were mostly satisfied (73%) with teleworking during confinement . It is also this health crisis that has allowed some to have a positive opinion on teleworking. Among the positive points noted: more flexibility, autonomy, efficiency at work (better organization and concentration), reconciliation of private and professional life, saving of sleeping time, avoiding loss of time linked to the home-work journey, etc. In addition, following the confinement, some companies have decided to maintain teleworking partially, or even completely, by closing their offices.

In addition, 56% of employees were worried about returning to the company , for various reasons:

  • Fear of changes in work organization
  • Use of public transport (1 st cause for concern in Ile-de-France)
  • Compliance with social distancing rules (34%)
  • Need to work again in an open space
  • Trauma triggered by the pandemic
  • Fear of the second wave of Covid-19
  • Insufficient cleaning of the premises (17%)

Telework and health risks

Although teleworking is very popular, it is not necessarily good for your health . 27% of teleworkers say that this situation has had a negative impact on their mental and physical health:

  • Decreased physical activity (44%)
  • Degradation of working postures (45%)
  • Poor eating practices (25%)
  • Sleep degradation (33%)
  • Disconnecting from difficult work (48%)
  • Decline in the quality of labor relations (40%)

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